An Act
ENROLLED SENATE
BILL NO. 36x By: Thompson (Roger) and Hall
of the Senate
and
Wallace and Martinez of the
House
An Act relating to education; specifying
apportionment of certain appropriated funds;
providing for the budgeting of funds i n certain
categories and amounts; requiring development of
certain performance measures; requiring transfers of
certain funds; limiting authority to reduce certain
apportionments; requiring certain funds to be
expended for certain purp oses; stating purpose s for
allocated funds; requiring certain transfer of funds;
stating legislative intent regarding expenditures for
direct costs; prohibiting the State Department of
Education from contracting for certain administrative
costs in certain program; providing fo r duties and
compensation of employees of the Stat e Department of
Education; requiring the reduction or withholding of
State Aid funds for certain purposes; authorizing the
State Board of Education to request transfer of
certain funds; authorizing the requ est of early
allocations for certain funds; requir ing proportional
reductions of allocations under certain conditions;
requiring participation in federal grant funding;
authorizing exemption fro m budgetary limits for
unanticipated federal funds; providing procedures;
requiring approval of exemption request und er certain
conditions; requiring budgeting of certain funds in
certain years; providing lapse dates; requiring
certain budgeting procedures ; prohibiting certain
budgeting procedures ; providing an effective date;
and declaring an emergency .
ENR. S. B. NO. 36x Page 2
SUBJECT: Education
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. For the fiscal year ending June 30, 202 4, the
support of public school activities by the State Board of Education
payable from monies appropriated and authorized by Enrolled House
Bill No. 1004 of the 1st Extraordinary Session of the 59th Oklahoma
Legislature shall be apportioned as follows:
1. Funds appropriated and authorized by Sections 1 through 7 of
Enrolled House Bill 1004 of the 1st Extraordinary Session of the
59th Oklahoma Legislature:
Local and State-supported Financial
Support of Public Schools $2,437,991,559.00
SUBTOTAL, PARAGRAPH 1 $2,437,991,559.00
2. Funds appropriated by Sections 8 through 15 of Enrolled
House Bill No. 1004 of the 1st Extraordinary Session of the 59th
Oklahoma Legislature:
Certified Employee Health Benefit
Allowance $359,193,470.00
Support Employee Health Benefit
Allowance $194,211,359.00
Teachers’ Retirement Credit $35,000,000.00
Purchase of Textbooks and
Instructional Materials $45,190,000.00
Alternative and High Challenge
Education $14,000,000.00
Education Leadership Oklahoma $3,770,000.00
Advanced Placement Incentives $1,500,000.00
ENR. S. B. NO. 36x Page 3
Reading Sufficiency Act $13,000,000.00
Required Assessments $9,205,685.00
Teach for America $2,000,000.00
Street School $180,000.00
Ag in the Classroom $38,000.00
Imagine Math $1,000,000.00
Imagine Reading $1,000,000.00
Oklahoma Arts Institute $320,000.00
Early Intervention $16,225,341.00
Secure Schools Program $2,350,000.00
Great Expectations $500,000.00
Child ID $500,000.00
Academic Standards Implementation $300,000.00
Teacher and Leader Effectiveness $250,000.00
Student Information Security $500,000.00
ACT Work Keys $250,000.00
Early Childhood Initiative $12,000,000.00
School Lunch Matching $3,500,000.00
Oklahoma School Security Initiative $1,400,000.00
Metrics Software $2,000,000.00
Inhalers for all schools $250,000.00
ENR. S. B. NO. 36x Page 4
SUBTOTAL, PARAGRAPH 2 $719,633,855.00
3. Funds appropriated by Section 10 of Enrolled House Bill No.
1004 of the 1st Extraordinary Session of the 59th Oklahoma
Legislature:
Administrative and Support
Functions of the State Department
of Education $19,145,366.00
SUBTOTAL, PARAGRAPH 3 $19,145,366.00
TOTAL State School Aid and Programs $3,176,770,780.00
SECTION 2. For the fiscal year ending June 30, 202 4, the State
Board of Education shall budget all funds in the following
categories and amounts:
Category Total
Payroll, Salaries or Wages, $25,775,827.00
Including Tax-sheltered Deferment
Contracts and Longevity Payments
Authorized by State Statutes
Professional and Personal Ser vices
Contracts $31,840,048.00
Other Operating Funds $3,908,491,664.00
Expenditure of Federal Funds $1,825,621,183.00
TOTAL $5,791,728,722.00
The agency shall develop outcome-based performance measures for
each budget category.
SECTION 3. The funds appropriat ed in Sections 12 and 13 of
Enrolled House Bill No. 1004 of the 1st Extraordinary Session of the
59th Oklahoma Legislature in the amount of Four Million One Hundred
ENR. S. B. NO. 36x Page 5
Nineteen Thousand Three Hundred Sixty -nine Dollars ($4,119,369.00)
shall be transferred to the School Consolidation Assistance Fund.
SECTION 4. The funds appropriated in Sections 14 and 15 of
Enrolled House Bill No. 1004 of the 1st Extraordinary Session of the
59th Oklahoma Legislature in the amount of Four Million One Hundred
Nineteen Thousand Three Hun dred Sixty-nine Dollars ($4,119,369.00)
shall be transferred to the Teachers’ Retirement System Dedicated
Revenue Revolving Fund.
SECTION 5. The funds allocated in Section 1 of this act
specifically for the purpose of funding the Teachers’ Retirement
Credit shall be transferred to the T eachers’ Retirement System of
Oklahoma.
SECTION 6. If the funds allocated in Section 1 of this act
specifically for the purpose of funding the Teacher s’ Retirement
Credit are insufficient to fully fund the employee contr ibution
credits provided for in Section 17-108.2 of Title 70 of the Oklahoma
Statutes as invoiced by the Teachers’ Retirement System of Oklahoma,
the Department may reduce in equal propo rtions funds allocated in
Section 1 of this act to Education Leadershi p Oklahoma, Secure
Schools Program, Teach for America, TLE Retention, Child ID,
Advanced Teacher Training, Reading Sufficiency Act, Alternative and
High Challenge Education, Required Assessments, Ag in the Classroom,
Imagine Math, Imagine Reading, ACT WorkKeys, and Oklahoma Arts
Institute. The total amount of funds reduced shall not exceed the
additional amount required to fully fund the employee contribution
credits.
SECTION 7. The funds allocated in Sec tion 1 of this act for the
purpose of funding Educ ation Leadership Oklahoma shall be expended
as follows:
1. Four Hundred Seventy Thousand Dollars ($470,000.00) shall be
transferred to the Oklahoma National Board Certification Revolving
Fund created in Section 6-204.4 of Title 70 of t he Oklahoma Statutes
for the purpose of awarding annual bonuses as directed; and
2. Three Million Three Hundred Thousand Dollars ($3,300,000.00)
shall be transferred to the Oklahoma School Psychologist, Speech-
Language Pathologist, and Audiologist Nationa l Certification
ENR. S. B. NO. 36x Page 6
Revolving Fund created in Section 6 -206.1 of Title 70 of the
Oklahoma Statutes for the purpose of awarding annual bonuses as
directed.
SECTION 8. The funds allocated in Section 1 of this act for
Advanced Placement Incenti ves shall be expended for the purpose of
providing assistance for students in financia l need, grants to
districts wanting to s tart new AP programs, and expanding
professional development, pursuant to the provisions of Section
1210.703 of Title 70 of the Okl ahoma Statutes.
SECTION 9. The funds allocated in Section 1 of thi s act for the
Reading Sufficiency Act shall be expended pursu ant to the provisions
of Section 1210.508A et seq. of Title 70 of the Oklahoma Statutes.
SECTION 10. The funds allocated in Section 1 of this act for
Teacher and Leader Effectiv eness shall be expended for the purpose
of improving the effe ctiveness of teachers and leaders in the public
school system through continued development, pursuant to Section 6-
101.16 of Title 70 of the Oklahoma Statutes.
SECTION 11. The funds allocated in Section 1 of this act for
Required Assessments shall be expended for the purpose of
administering a statewide student assessment system for grades thr ee
through twelve, pursuant to Section 1210.508 of Title 70 of the
Oklahoma Statutes.
SECTION 12. The funds allocated in Section 1 of this act for
Alternative and High Challenge Education shall be expended for the
purpose of operating th e statewide system of alternative education
programs as provided in Section 1210.568 of T itle 70 of the Oklahoma
Statutes, and for encouraging school districts to participate in
innovative alternative education programs.
SECTION 13. The funds allocated in Section 1 of this act for
Early Intervention shall be transferred to the Early Intervention
Fund 250. It is the intent of the Legis lature that funding
available for SoonerStart Early Intervention Services be ex pended
for direct services to eligible infants, toddlers, and their
families. The State Department of Education shall not contract,
pay, or reimburse for administrative cost re covery personnel,
accounting, management information system costs, and maintenance and
ENR. S. B. NO. 36x Page 7
operations at the state or local level or indirect costs which do
not comply with the requirements of Section 13-125 of Title 70 of
the Oklahoma Statutes.
SECTION 14. The funds allocated in Section 1 of this act for
the Early Childhood Initiative shall be expended for the purpose of
funding the early childhood prog ram pursuant to the provisions of
Section 10-105.4 of Title 70 of the Oklahoma Statutes.
SECTION 15. The funds allocated in Section 1 of this act for
the Oklahoma Academic Standards Implementation shall be expended for
the purpose of funding standards implementation pursuant to the
provisions of Section 1 1-103.6 of Title 70 of the Oklah oma Statutes.
SECTION 16. The funds allocated in Section 1 of this act for
Metrics Software shall be expended for the purpose of funding a
statistical software suite fo r data management, advanced analytics,
multivariate analysis and pred ictive analytics.
SECTION 17. The funds allocated i n Section 1 of this act for
the Oklahoma School Security Initiative shall be expended for the
purpose of funding grant s pursuant to Section 51.2b of Title 74 of
the Oklahoma Statutes.
SECTION 18. The funds allocated in Section 1 of this act for
inhalers shall be expended pursuant to the provisions of Section 1-
116.3 of Title 70 of the Oklahoma Statutes.
SECTION 19. State Aid funds shall be reduced or withheld by the
State Board of Education in an amount necessary to ensur e compliance
with the provisions of this act .
SECTION 20. The State Department of Education shall not
decline, refuse participation in, or choose not to apply for any
federal grant funding that had been received by the Department prior
to FY 2023 without joint approval from the President Pro Tempore of
the Oklahoma State Senat e and the Speaker of the Oklah oma House of
Representatives.
SECTION 21. The State Board of Education is authorized to
request the Office of Management and Enterprise Services to transfer
appropriated funds to the appropriate dispensing fund.
ENR. S. B. NO. 36x Page 8
SECTION 22. The State Superintendent of Public Instruction may
request through the Director of the Office of Management and
Enterprise Services the ear ly transfer by the Oklahoma Tax
Commission of tax collections to the Education Reform Revolving Fund
for the purpose of early allocation to the Board’s disbursing funds
to alleviate cash-flow problems.
SECTION 23. If funds appropriated in Sections 1 through 15 of
Enrolled Senate Bill No. 1004 of the 1st Extraordinary Session of
the 59th Oklahoma Legislature are not sufficient to fully fund the
provisions of this act, each school district which qualifies for
funds, excluding Financial Support of Public Schools, pursuant to
the provisions of this act shall take a pro portionate reduction.
SECTION 24. A. The State Superintendent of Public Instruction
may request, in the manner provided in this section, that receipt
and expenditure of unanticipated federal funds awa rded after July 1,
2023, be exempt from expenditure limitations and from budgetary
limitations.
1. The Superintendent shall make a request for exemption to the
Office of Management a nd Enterprise Services in writing and file a
revised budget work program.
2. The Superintendent shall also fi le copies of the request for
exemption and budget work program revisions with the Oklahoma State
Senate Appropriations Committee Chair and the Oklahoma House of
Representatives Appropriations and Budget Committee Chair. The
Senate Appropriations Committee Chair and /or the House
Appropriations and Budget Committee Chair shall notify the Office of
Management and Enterprise Services of any noncompliance o f the
request with legislative intent within twelve (12) calendar d ays of
their receipt of the exemption request.
B. The Office of Management and Enterprise Services shall
approve the request for exemption unless both the Chair and Vice
Chair of the Joint Legislative Committee on Budget and Program
Oversight provide written notification to the Office of Mana gement
and Enterprise Services within twelve (12) calendar days of the
Committee’s receipt of the exemption request that the exemption
subverts the intention and objectives of the Legislature in
ENR. S. B. NO. 36x Page 9
establishing the original limit. The Office of Management an d
Enterprise Services shall give written notice of approval or
disapproval of each exemption to the agency, the Governor, the Chair
of the Senate Appropriations Commi ttee and the Chair of the House
Appropriations and Budget Committee within eighteen (18) c alendar
days of receiving the request.
SECTION 25. Appropriations made by this act, not including
appropriations made for capital out lay purposes, may be budgeted for
the fiscal year ending June 30, 2024 (hereafter FY-24) or may be
budgeted for the fiscal year ending June 30 , 2025 (hereafter FY-25).
Funds budgeted for FY-24 may be encumbered only through June 30,
2024, and must be expended by November 15, 2024. Any funds
remaining after November 15, 2024, and not budgeted for FY-25, shall
lapse to the credit of the proper f und for the then current fiscal
year. Funds budgeted for FY-25 may be encumbered only through June
30, 2025. Any funds remaining after November 15, 2025, shall lapse
to the credit of the proper fund for the then curre nt fiscal year.
These appropriations may not be budgeted in both fiscal years
simultaneously. Funds budgeted in FY-24, and not required to pay
obligations for that fiscal year, may be budgeted for FY-25, after
the agency to which the funds have been appr opriated has prepared
and submitted a budget work program revision removing the se funds
from the FY-24 budget work program and after such revision has been
approved by the Office of Management and Enter prise Services.
SECTION 26. This act shall become effective July 1, 2023.
SECTION 27. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 36x Page 10
Passed the Senate the 24th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 26th day of May, 2023.
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 Govern or of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ 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: _______________________________ __