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1 | - | An Act | |
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3 | + | ENGR. S. A. TO ENGR. H. B. NO. 1934 Page 1 1 | |
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28 | + | ENGROSSED SENATE AMENDMENT | |
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3 | 31 | BILL NO. 1934 By: McCall of the House | |
4 | 32 | ||
5 | 33 | and | |
6 | 34 | ||
7 | - | Treat, Stanley, Thompson | |
8 | - | (Kristen), Bullard, Haste, | |
9 | - | Green, Seifried, | |
10 | - | Standridge, Coleman, | |
11 | - | Prieto, Daniels, Bergstrom, | |
12 | - | Rader, Garvin, Newhouse, | |
13 | - | Rogers, Woods, and Stewart | |
14 | - | of the Senate | |
35 | + | Treat of the Senate | |
15 | 36 | ||
16 | 37 | ||
17 | 38 | ||
18 | 39 | ||
19 | - | An Act relating to students; creating the Oklahoma | |
40 | + | An Act relating to parental rights; amending 25 O.S. | |
41 | + | 2021, Section 2003, which relates to parental | |
42 | + | involvement; providing that school pro vide plan for | |
43 | + | parent participation in certain areas; and providing | |
44 | + | an effective date. | |
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50 | + | AUTHOR: Add the following Senate Coauthors: Stanley, Thompson | |
51 | + | (Kristen), Bullard, Haste, Green, Seifried, Standridge, | |
52 | + | Coleman, Prieto, Daniels, Bergstrom , Rader, Garvin, | |
53 | + | Newhouse, Rogers, and Woods | |
54 | + | ||
55 | + | ||
56 | + | AMENDMENT NO. 1. Page 1, strike the title, enacting clause and | |
57 | + | entire bill and insert | |
58 | + | ||
59 | + | ||
60 | + | “An Act relating to students; creating the Oklahoma | |
20 | 61 | Parental Choice Tax Credit Act; providing short | |
21 | 62 | title; providing legislative int ent; defining terms; | |
22 | 63 | creating the Oklahoma Parental Choice Tax Credit | |
23 | 64 | Program; providing purpose ; creating income tax | |
24 | 65 | credit for certain taxpayers beginning in certain tax | |
25 | 66 | year; prescribing maximum credit amount s based on | |
26 | 67 | certain income levels ; directing taxpayer claiming | |
27 | 68 | certain credit to retain certain receipts and submit | |
28 | 69 | them upon certain requ est; prescribing maximum amount | |
29 | 70 | of credits for certain tax years; authorizing the | |
30 | 71 | Oklahoma Tax Commission to prescribe certain | |
31 | 72 | applications and certain deadline ; providing for | |
32 | 73 | advancement of certain credit in installments; | |
33 | 74 | providing procedures for claiming credit; directing | |
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76 | + | ENGR. S. A. TO ENGR. H. B. NO. 1934 Page 2 1 | |
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34 | 101 | the Commission to give first p reference in making | |
35 | 102 | installments to certain taxpayers; authorizing dual | |
36 | 103 | participation in certain program ; authorizing the | |
37 | 104 | Commission to conduct or contract for certain audit; | |
38 | 105 | authorizing prorated recapture of credits under | |
39 | 106 | certain circumstances ; directing certain credit | |
40 | 107 | amount to be reduced if certain event occurs; | |
41 | 108 | requiring the posting of certain credit amounts; | |
42 | 109 | requiring the State Department of Education to | |
43 | 110 | provide certain notice; directing implementation of | |
44 | 111 | certain system; requiring coordination of a process | |
45 | 112 | to verify student enrollment statu s; providing for | |
46 | - | promulgation of rules; providing immunity fro m | |
113 | + | promulgation of rules; providing immunity fro m | |
47 | 114 | liability for certain actions; a llowing certain | |
48 | 115 | parents to intervene in certain legal proce eding; | |
49 | - | prohibiting severability of act provisions; and | |
50 | - | providing for codification. | |
116 | + | prohibiting severability of act provisions; providing | |
117 | + | for codification; providing an effective date; and | |
118 | + | declaring an emergency . | |
51 | 119 | ||
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53 | 121 | ||
54 | - | SUBJECT: Students | |
55 | 122 | ||
56 | 123 | BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA: | |
57 | - | ||
58 | 124 | SECTION 1. NEW LAW A new section of law to be codified | |
59 | 125 | in the Oklahoma Statutes as Section 28 -100 of Title 70, unless there | |
60 | 126 | is created a duplication in numbering, reads as follows: | |
61 | - | ||
62 | 127 | A. This act shall be know n and may be cited as the “Oklahoma | |
63 | 128 | Parental Choice Tax Credit Act ”. | |
64 | - | ||
65 | 129 | B. It is the intent of the Legislature that parents, legal | |
66 | 130 | guardians, custodians, and others with legal author ity over children | |
67 | 131 | in this state be able to choose educational services that meet the | |
68 | 132 | needs of their individual children. The Legislature affirms that | |
69 | 133 | parents and legal guardians are best suited to make choices to help | |
70 | 134 | children in this state reach their fu ll potential and achieve a | |
71 | 135 | brighter future. | |
72 | 136 | ||
137 | + | ENGR. S. A. TO ENGR. H. B. NO. 1934 Page 3 1 | |
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73 | 162 | SECTION 2. NEW LAW A new section of law to be codified | |
74 | 163 | in the Oklahoma Statut es as Section 28-101 of Title 70, unless there | |
75 | 164 | is created a duplication in numbering, reads as follows: | |
76 | - | ||
77 | 165 | A. As used in the Oklahoma Parental Choice Tax Credit Act: | |
78 | - | ||
79 | 166 | 1. “Commission” means the Oklahoma Tax Commission; | |
80 | - | ||
81 | 167 | 2. “Curriculum” means a complete course of study for a | |
82 | 168 | particular content area or grade level; | |
83 | - | ||
84 | 169 | 3. “Department” means the State Department of Educatio n; | |
85 | - | ||
86 | 170 | 4. “Education service provider ” means a person, business, | |
87 | 171 | public school district, public charter school, magnet school, or | |
88 | 172 | organization that provides educational goods and/or services to | |
89 | 173 | eligible students; | |
90 | - | ENR. H. B. NO. 1934 Page 3 | |
91 | 174 | 5. “Eligible student” means a resident of thi s state who is | |
92 | 175 | eligible to enroll in a public school in this state. Eligible | |
93 | 176 | student shall include a student who is enrolled in and attends a | |
94 | 177 | private school accredited by the State Board of Education or another | |
95 | 178 | accrediting association or a student who is educated pursuant to the | |
96 | 179 | other means of education exception provided for in subsection A of | |
97 | 180 | Section 10-105 of Title 70 of the Oklahoma Statutes; | |
98 | - | ||
99 | 181 | 6. “Qualified expense” for the purpose of claiming the credit | |
100 | 182 | authorized by subparagraph a of paragraph 1 of s ubsection C of this | |
101 | 183 | section means tuition and fees at a private school accre dited by the | |
102 | 184 | State Board of Education or another accrediting association; | |
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104 | 211 | 7. “Qualified expense” for the purpose of claiming the credit | |
105 | 212 | authorized by subparagraph b of paragraph 1 of subsection C of this | |
106 | 213 | section means the following expenditures: | |
107 | - | ||
108 | 214 | a. tuition and fees for nonpublic online learning | |
109 | 215 | programs, | |
110 | - | ||
111 | 216 | b. academic tutoring services provide d by an individual | |
112 | 217 | or a private academic tutoring facility, | |
113 | - | ||
114 | 218 | c. textbooks, curriculum, or oth er instructional | |
115 | 219 | materials including, but not limited to, supplemental | |
116 | 220 | materials or associated online instruction required by | |
117 | 221 | an education service provider, and | |
118 | - | ||
119 | 222 | d. fees for nationally standardized assessments | |
120 | 223 | including, but not limited to, assessments used to | |
121 | 224 | determine college admission and advanced placement | |
122 | 225 | examinations as well as tuition and fees for tutoring | |
123 | 226 | or preparatory courses for the assessments ; and | |
124 | - | ||
125 | 227 | 8. “Taxpayer” means a biological or adoptive parent, | |
126 | 228 | grandparent, aunt, uncle, legal guardian, cus todian, or other person | |
127 | 229 | with legal authority to act on behalf of an eligible student. | |
128 | - | ||
129 | 230 | B. There is hereby created the Oklahoma Parental Choice Tax | |
130 | 231 | Credit Program to provide an income tax credit to a taxpayer for | |
131 | 232 | qualified expenses to support the education of eligible students in | |
132 | 233 | this state. | |
133 | 234 | ||
235 | + | ENGR. S. A. TO ENGR. H. B. NO. 1934 Page 5 1 | |
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134 | 260 | C. For the tax year 2024 and subsequent tax years, there shall | |
135 | - | be allowed against the tax imposed by Section 2355 of Title 68 of | |
261 | + | be allowed against the tax imposed by Section 2355 of Title 68 of | |
136 | 262 | the Oklahoma Statutes a credit for any Oklahoma taxpayer who incurs | |
137 | 263 | a qualified expense on behalf of an eligible student , to be | |
138 | 264 | administered subject to the following amounts for each tax year: | |
139 | - | ||
140 | 265 | 1. If the eligible student attends a private school accredited | |
141 | 266 | by the State Board of Education or another accrediting association, | |
142 | 267 | the maximum credit amount shall be: | |
143 | - | ||
144 | 268 | a. (1) Seven Thousand Five Hundred Dollars ($7,500.00) | |
145 | 269 | or the amount of tuition and fees for the private | |
146 | 270 | school, whichever is less , if the eligible | |
147 | 271 | student is a member of a household in which the | |
148 | 272 | total adjusted gross income during the second | |
149 | 273 | preceding tax year does not exceed Seventy-five | |
150 | 274 | Thousand Dollars ($75,000.00), | |
151 | - | ||
152 | 275 | (2) Seven Thousand Dollars ($7,000.00) or the amount | |
153 | 276 | of tuition and fees for the private school, | |
154 | 277 | whichever is less, if the eligible student is a | |
155 | 278 | member of a household in which the total adjusted | |
156 | 279 | gross income during the second preceding tax year | |
157 | 280 | is more than Seventy-five Thousand Dollars | |
158 | 281 | ($75,000.00) but does not exceed One Hundred | |
159 | 282 | Fifty Thousand Dollars ($150,000.00), | |
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284 | + | ENGR. S. A. TO ENGR. H. B. NO. 1934 Page 6 1 | |
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161 | 309 | (3) Six Thousand Five Hundre d Dollars ($6,500.00) or | |
162 | 310 | the amount of tuition and fees for the private | |
163 | 311 | school, whichever is less, if the eli gible | |
164 | 312 | student is a member of a household in which the | |
165 | 313 | total adjusted gross income during the second | |
166 | 314 | preceding tax year is more than One Hundred Fifty | |
167 | 315 | Thousand Dollars ($150,000.00) but does not | |
168 | 316 | exceed Two Hundred Twenty-five Thousand Dollars | |
169 | 317 | ($225,000.00), | |
170 | - | ||
171 | 318 | (4) Six Thousand Dollars ($6,000.00) or the amount of | |
172 | 319 | tuition and fees for the private school, | |
173 | 320 | whichever is less, if the eligible student is a | |
174 | 321 | member of a household in which the t otal adjusted | |
175 | 322 | gross income during the second preceding tax year | |
176 | 323 | is more than Two Hundred Twenty-five Thousand | |
177 | 324 | Dollars ($225,000.00) but does not exceed Two | |
178 | 325 | Hundred Fifty Thousand Dollars ($25 0,000.00), or | |
179 | - | ENR. H. B. NO. 1934 Page 5 | |
180 | 326 | (5) Five Thousand Dollars ( $5,000.00) or the amount | |
181 | 327 | of tuition and fees for the private school, | |
182 | 328 | whichever is less, if the eligi ble student is a | |
183 | 329 | member of a household in which the total adjusted | |
184 | 330 | gross income during the second preceding tax year | |
185 | 331 | is more than Two Hundred Fifty Thousand Dollars | |
186 | 332 | ($250,000.00), and | |
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334 | + | ENGR. S. A. TO ENGR. H. B. NO. 1934 Page 7 1 | |
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188 | 359 | b. One Thousand Dollars ($1, 000.00) in qualified expenses | |
189 | 360 | per eligible student in each tax year if the eligible | |
190 | 361 | student is educated pursuant to the other means of | |
191 | 362 | education exception provided for in subsection A of | |
192 | 363 | Section 10-105 of Title 70 of the Okl ahoma Statutes. | |
193 | 364 | To claim the credit, the taxpayer shall submit to the | |
194 | 365 | Commission receipts for qualified expense s as defined | |
195 | 366 | by paragraph 7 of subsection A of this section; | |
196 | - | ||
197 | 367 | 2. The taxpayer shall retain all receipts of qualified expenses | |
198 | 368 | as proof of the amounts paid each tax year the credit is claimed and | |
199 | 369 | shall submit them to the Commission upon request; and | |
200 | - | ||
201 | 370 | 3. If the credit exceeds the tax imposed by Section 2355 of | |
202 | 371 | Title 68 of the Oklahoma Statutes, th e excess amount shall be | |
203 | 372 | refunded to the taxpayer. | |
204 | - | ||
205 | 373 | D. 1. a. For tax year 2024, the total amount of credits | |
206 | 374 | authorized by subparagraph a of paragraph 1 of | |
207 | 375 | subsection C of this section shall not exceed One | |
208 | 376 | Hundred Fifty Million Dollars ($150,000,000.00). | |
209 | - | ||
210 | 377 | b. For tax year 2025, the total amount of credits | |
211 | 378 | authorized by subparagraph a of paragraph 1 of | |
212 | 379 | subsection C of this section shall not exceed Two | |
213 | 380 | Hundred Million Dollars ($200,000,000.00). | |
214 | - | ||
215 | 381 | c. For tax year 2026, and subsequent tax years , the total | |
216 | 382 | amount of credits authorized by subparagraph a of | |
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384 | + | ENGR. S. A. TO ENGR. H. B. NO. 1934 Page 8 1 | |
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217 | 409 | paragraph 1 of subsection C of this section shall not | |
218 | 410 | exceed Two Hundred Fifty Million Dol lars | |
219 | 411 | ($250,000,000.00). | |
220 | - | ||
221 | 412 | 2. For tax year 2025, and subsequent tax years, the total | |
222 | 413 | amount of credits aut horized by subparagraph b of paragraph 1 of | |
223 | 414 | subsection C of this section sha ll not exceed Five Million Dollars | |
224 | - | ($5,000,000.00). ENR. H. B. NO. 1934 Page 6 | |
225 | - | ||
415 | + | ($5,000,000.00). | |
226 | 416 | E. The Commission shall prescribe applications for the purposes | |
227 | 417 | of claiming the credits authorized by t he Oklahoma Parental Ch oice | |
228 | 418 | Tax Credit Act and a deadline by which applications shall be | |
229 | 419 | submitted. A taxpayer claiming the credit authorized by | |
230 | 420 | subparagraph a of paragraph 1 of subsection C of this section shall | |
231 | 421 | submit an application prescribed by the Commission to receive the | |
232 | 422 | credit in two installments, each of which shall be half of the | |
233 | 423 | expected amount of tuition and fe es for the private school based on | |
234 | 424 | the affidavit submitt ed pursuant to this subsection, but in no event | |
235 | 425 | shall an installment payment exceed half the amount of the credit | |
236 | 426 | authorized by subparagraph a of paragraph 1 of subsection C of thi s | |
237 | 427 | section. A taxpayer claiming the credit authorized by subparagraph | |
238 | 428 | a of paragraph 1 of subsection C of this section shall submit to the | |
239 | 429 | Commission an affidavit from the private school in which the | |
240 | 430 | eligible student is enrolled or is expected to enroll wi th the | |
241 | 431 | tuition and fees to be charged the taxpayer for the applicable | |
242 | 432 | school year. In reviewing applications submitted by e ligible | |
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243 | 459 | taxpayers to determine whether they qualify for a credit authorized | |
244 | 460 | by subparagraph a of paragraph 1 of subsection C of this section, | |
245 | 461 | the Commission shall give first preference in making installments to | |
246 | 462 | taxpayers who qualify pursuant to divisions ( 1) and (2) of | |
247 | 463 | subparagraph a of paragraph 1 of subsection C of this section. The | |
248 | 464 | Commission shall make the installments based on th e expected amount | |
249 | 465 | of tuition and fee amounts on the affidavit submitted purs uant to | |
250 | 466 | this subsection. | |
251 | - | ||
252 | 467 | F. Taxpayers claiming the credit shall: | |
253 | - | ||
254 | 468 | 1. Only claim the credit for qualified expenses as defined in | |
255 | 469 | paragraphs 6 and 7 of subsection A of this section to provide an | |
256 | 470 | education for an eligible student; | |
257 | - | ||
258 | 471 | 2. Ensure no other person is claiming a credit for the eligible | |
259 | 472 | student; | |
260 | - | ||
261 | 473 | 3. Not claim the credit for an elig ible student who enrolls as | |
262 | 474 | a full-time student in a public school district, public charter | |
263 | 475 | school, public virtual charter s chool, or magnet school; and | |
264 | - | ||
265 | 476 | 4. Comply with rules and requirements established by the | |
266 | 477 | Commission for administration of the Oklahoma Parental Choice Tax | |
267 | 478 | Credit Program. | |
268 | - | ENR. H. B. NO. 1934 Page 7 | |
269 | 479 | G. Eligible students m ay accept a scholarship from the Lindsey | |
270 | 480 | Nicole Henry Scholarshi ps for Students with Disabilities Program | |
271 | 481 | created by Section 13-101.2 of Title 70 of the Oklahoma Statutes | |
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272 | 508 | while participating in th e Oklahoma Parental Choice Tax Credit | |
273 | 509 | Program. | |
274 | - | ||
275 | 510 | H. 1. The Commission shall have the authority to conduct an | |
276 | 511 | audit or contract for the auditing of receipts fo r qualified | |
277 | 512 | expenses submitted pursuant to subparagraph b of paragraph 1 of | |
278 | 513 | subsection C of this s ection. | |
279 | - | ||
280 | 514 | 2. The Commission shall be authorized to recapture the credits | |
281 | 515 | otherwise authorized by the provisions of this act on a p rorated | |
282 | 516 | basis if an audit conducted pursuant to this subsection shows that | |
283 | 517 | the credit was claimed for expenditures that were no t qualified | |
284 | 518 | expenses or it finds that the taxpayer has claim ed an eligible | |
285 | 519 | student who no longer attends a private school or has enrolled in a | |
286 | 520 | public school in the state. | |
287 | - | ||
288 | 521 | I. In the event of a failure of revenue pursuant to the | |
289 | 522 | Oklahoma State Finance Act, the tax credits otherwise authorized in | |
290 | 523 | subsection C of this section shall be reduced proportionately to the | |
291 | 524 | reduction in the amo unt of money appropriated to the State Board of | |
292 | 525 | Education for the financial support of public schools for the fiscal | |
293 | 526 | year in which the failure of revenue occurs. | |
294 | - | ||
295 | 527 | J. The Commission shall make available on its website the | |
296 | 528 | amount of credits claimed each tax year pursuant to subparagraphs a | |
297 | 529 | and b of paragraph 1 of subsection C of this section. | |
298 | 530 | ||
531 | + | ENGR. S. A. TO ENGR. H. B. NO. 1934 Page 11 1 | |
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299 | 556 | SECTION 3. NEW LAW A new section of law to be codified | |
300 | 557 | in the Oklahoma Statu tes as Section 28-102 of Title 70, unless there | |
301 | 558 | is created a duplicat ion in numbering, reads as follows: | |
302 | - | ||
303 | 559 | A. The State Department of Education shall provide parents, | |
304 | 560 | legal guardians, custodians, o r other persons with legal authority | |
305 | 561 | of eligible students wi th disabilities notice that participation in | |
306 | 562 | the Oklahoma Parental Ch oice Tax Credit Program shall have the same | |
307 | 563 | effect as a parental revocation of consent pursuant to 20 U.S.C., | |
308 | 564 | Sections 1414(a)(1)(D) and 1414(C) of the Individuals with | |
309 | 565 | Disabilities Education Act (IDEA) and an explanation of the rights | |
310 | 566 | parents, legal guard ians, custodians, or other persons with lega l | |
311 | 567 | authority of eligible students with disabilities have under IDEA and | |
312 | 568 | any applicable state laws and regulations. | |
313 | - | ENR. H. B. NO. 1934 Page 8 | |
314 | 569 | B. The Department shall impl ement a commercially viable, cost- | |
315 | 570 | effective, and user-friendly system for users to publicly rate, | |
316 | 571 | review, and share information about education service providers. | |
317 | - | ||
318 | 572 | C. The Oklahoma Tax Commission s hall coordinate with the State | |
319 | 573 | Department of Education to de velop a process to review student | |
320 | 574 | enrollment information in order to verify that an eligible student | |
321 | 575 | who is claimed by a taxpayer receiving a tax credit is not enrolled | |
322 | 576 | in a public school in the s tate. | |
323 | - | ||
324 | 577 | D. The Commission may promulgate rules to implement t he | |
325 | 578 | provisions of the Oklahoma Parental Choice Tax Credit Act. The | |
579 | + | ||
580 | + | ENGR. S. A. TO ENGR. H. B. NO. 1934 Page 12 1 | |
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326 | 605 | State Board of Education may promulgate rules to implement the | |
327 | 606 | provisions of this section. | |
328 | - | ||
329 | 607 | SECTION 4. NEW LAW A new section of law to be codified | |
330 | 608 | in the Oklahoma Statutes as Section 28-103 of Title 70, unless there | |
331 | 609 | is created a duplication in numbering, reads as follows: | |
332 | - | ||
333 | 610 | A. No liability shall arise on the part of the Oklahoma Tax | |
334 | 611 | Commission, State Departme nt of Education, State Board of Education, | |
335 | 612 | the state, a public school district, a public charter school, a | |
336 | 613 | public virtual charter s chool, or a magnet school based on the award | |
337 | 614 | of or use of a tax credit pursuant to the Oklahoma Parental Choice | |
338 | 615 | Tax Credit Act. | |
339 | - | ||
340 | 616 | B. If any part of the Oklahoma Parental Choice Tax Credit Act | |
341 | 617 | is challenged in a state court as violating either the Oklahoma | |
342 | 618 | Constitution or United States Constitution, t axpayers shall be | |
343 | 619 | permitted to intervene for the purposes of defending the Oklaho ma | |
344 | 620 | Parental Choice Tax Credit Program’s constitutionality. Ho wever, | |
345 | 621 | for the purposes of judicial administration, a court may requi re | |
346 | 622 | that all taxpayers file a joint brief so long as they are not | |
347 | 623 | required to join any brief filed on behalf of any named stat e | |
348 | 624 | defendant. | |
349 | - | ||
350 | 625 | C. The provisions of the Oklahoma Parental Choic e Tax Credit | |
351 | 626 | Act shall not be severable, and if any provision of the Oklahoma | |
352 | 627 | Parental Choice Tax Credit Act or t he application thereof to any | |
628 | + | ||
629 | + | ENGR. S. A. TO ENGR. H. B. NO. 1934 Page 13 1 | |
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653 | + | ||
353 | 654 | person or circumstances is held invalid, such invalidity shall | |
354 | 655 | invalidate the other provisions or applications of this act. | |
355 | - | ENR. H. B. NO. 1934 Page 9 | |
356 | - | Passed the House of Representatives the 2nd day of May, 2023. | |
656 | + | SECTION 5. This act shall become effective July 1, 2023. | |
657 | + | SECTION 6. It being immediately necessary for the preservation | |
658 | + | of the public peace, health , or safety, an emergency is hereby | |
659 | + | declared to exist, by reason whereof thi s act shall take effect a nd | |
660 | + | be in full force from and after its passage and approval. ” | |
661 | + | Passed the Senate the 27th day of April, 2023. | |
662 | + | ||
663 | + | ||
664 | + | ||
665 | + | Presiding Officer of the Senate | |
666 | + | ||
667 | + | ||
668 | + | Passed the House of Representatives the ____ day of __________, | |
669 | + | 2023. | |
670 | + | ||
671 | + | ||
672 | + | ||
673 | + | Presiding Officer of the House | |
674 | + | of Representatives | |
675 | + | ||
676 | + | ENGR. H. B. NO. 1934 Page 1 1 | |
677 | + | 2 | |
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679 | + | 4 | |
680 | + | 5 | |
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700 | + | ||
701 | + | ENGROSSED HOUSE | |
702 | + | BILL NO. 1934 By: McCall of the House | |
703 | + | ||
704 | + | and | |
705 | + | ||
706 | + | Treat of the Senate | |
707 | + | ||
708 | + | ||
709 | + | ||
710 | + | ||
711 | + | ||
712 | + | ||
713 | + | An Act relating to parental rights; amending 25 O.S. | |
714 | + | 2021, Section 2003, which relates to parental | |
715 | + | involvement; providing that school pro vide plan for | |
716 | + | parent participation in certain areas; and providing | |
717 | + | an effective date. | |
718 | + | ||
719 | + | ||
720 | + | ||
721 | + | ||
722 | + | ||
723 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
724 | + | SECTION 7. AMENDATORY 25 O.S. 2021, Se ction 2003, is | |
725 | + | amended to read as foll ows: | |
726 | + | Section 2003. A. The board of education of a school district, | |
727 | + | in consultation with parents, tea chers and administrators, shall | |
728 | + | develop and adopt a policy to promote the invo lvement of parents and | |
729 | + | guardians of children enrolled in the schools within the school | |
730 | + | district, including: | |
731 | + | 1. A plan for parent participation in the schools which is | |
732 | + | designed to improve parent and teacher cooperation in such areas as | |
733 | + | homework, attendance , curriculum transparency, content | |
734 | + | appropriateness, and discipline; | |
735 | + | ||
736 | + | ENGR. H. B. NO. 1934 Page 2 1 | |
737 | + | 2 | |
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757 | + | 22 | |
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759 | + | 24 | |
760 | + | ||
761 | + | 2. Procedures by which paren ts may learn about the course of | |
762 | + | study for their children and review learning mat erials, including | |
763 | + | the source of any supplemental educational materials; | |
764 | + | 3. Procedures by which parents who object t o any learning | |
765 | + | material or activity on the basis that it is harmful may withdraw | |
766 | + | their children from the a ctivity or from the class or progr am in | |
767 | + | which the material is used. Objection to a learning material or | |
768 | + | activity on the basis that it is harmful incl udes objection to a | |
769 | + | material or activity because it questio ns beliefs or practices in | |
770 | + | sex, morality or rel igion; | |
771 | + | 4. If a school district of fers any sex education curricula | |
772 | + | pursuant to Section 11 -105.1 of Title 70 of the Oklahoma Statutes or | |
773 | + | pursuant to any rules adopted by the State Board of Education, | |
774 | + | procedures to opt out of a school district from providing sex | |
775 | + | education instruction to a ch ild if the child's parent provides | |
776 | + | written objection to the child 's participation in the sex education | |
777 | + | curricula; | |
778 | + | 5. Procedures by which parents will be notified in advance o f | |
779 | + | and given the opportunity to withdraw their c hildren from any | |
780 | + | instruction or presentations regarding sexuality in courses other | |
781 | + | than formal sex education curricula pursuant to Section 11 -105.1 of | |
782 | + | Title 70 of the Oklahoma Statutes; | |
783 | + | 6. Procedures by which parents may learn about the nature and | |
784 | + | purpose of clubs and activities that are part of the school | |
785 | + | ||
786 | + | ENGR. H. B. NO. 1934 Page 3 1 | |
787 | + | 2 | |
788 | + | 3 | |
789 | + | 4 | |
790 | + | 5 | |
791 | + | 6 | |
792 | + | 7 | |
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806 | + | 21 | |
807 | + | 22 | |
808 | + | 23 | |
809 | + | 24 | |
810 | + | ||
811 | + | curriculum, as well as extracurricular clubs and activities that | |
812 | + | have been approved by the school ; and | |
813 | + | 7. Procedures by which parents may learn about paren tal rights | |
814 | + | and responsibilities under the laws of this state, including the | |
815 | + | following: | |
816 | + | a. the right to opt out of a sex education curriculum if | |
817 | + | one is provided by the school district, | |
818 | + | b. open enrollment rights, | |
819 | + | c. the right to opt out of assignments pursua nt to this | |
820 | + | section, | |
821 | + | d. the right to be exempt f rom the immunization laws of | |
822 | + | the state pursuant to Section 1210.192 of Title 70 of | |
823 | + | the Oklahoma Statutes, | |
824 | + | e. the promotion requirements prescribed in Section | |
825 | + | 1210.508E of Title 70 of the O klahoma Statutes, | |
826 | + | f. the minimum course of study and competency | |
827 | + | requirements for graduation from high school | |
828 | + | prescribed in Section 11 -103.6 of Title 70 of the | |
829 | + | Oklahoma Statutes, | |
830 | + | g. the right to opt out of instruction o n the acquired | |
831 | + | immune deficiency syndr ome pursuant to Secti on 11- | |
832 | + | 103.3 of Title 70 of the Oklahoma Statute s, | |
833 | + | h. the right to review test res ults, | |
834 | + | ||
835 | + | ENGR. H. B. NO. 1934 Page 4 1 | |
836 | + | 2 | |
837 | + | 3 | |
838 | + | 4 | |
839 | + | 5 | |
840 | + | 6 | |
841 | + | 7 | |
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859 | + | ||
860 | + | i. the right to participate in gifted programs pursuant | |
861 | + | to Sections 1210.301 through 1210.308 of Title 70 of | |
862 | + | the Oklahoma Statutes, | |
863 | + | j. the right to inspect instructional materials used in | |
864 | + | connection with any research or experimentation | |
865 | + | program or project pursuant to Section 11 -106 of Title | |
866 | + | 70 of the Oklahoma Statutes, | |
867 | + | k. the right to receive a school report card, | |
868 | + | l. the attendance requirements prescri bed in Section 10- | |
869 | + | 106 of Title 70 of the Oklahoma Statutes, | |
870 | + | m. the right to public review of courses o f study and | |
871 | + | textbooks, | |
872 | + | n. the right to be excused from school attendance for | |
873 | + | religious purposes, | |
874 | + | o. policies related to parental involvement pursuant to | |
875 | + | this section, | |
876 | + | p. the right to participate in parent-teacher | |
877 | + | associations and organizations that are san ctioned by | |
878 | + | the board of education of a school district, and | |
879 | + | q. the right to opt out of any data collection instrumen t | |
880 | + | at the district level that would cap ture data for | |
881 | + | inclusion in the state longitudinal student data | |
882 | + | system except what is necessary and ess ential for | |
883 | + | establishing a student 's public school record. | |
884 | + | ||
885 | + | ENGR. H. B. NO. 1934 Page 5 1 | |
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909 | + | ||
910 | + | B. The board of education of a school district may adopt a | |
911 | + | policy to provide to parents the inf ormation required by this | |
912 | + | section in an electronic form. | |
913 | + | C. A parent shall submit a written request f or information | |
914 | + | pursuant to this section during regular business hours to either the | |
915 | + | school principal at the school s ite or the superintendent of the | |
916 | + | school district at the off ice of the school district. Within ten | |
917 | + | (10) days of receiving the request for in formation, the school | |
918 | + | principal or the superintendent of the school district shall either | |
919 | + | deliver the requested info rmation to the parent or submit to the | |
920 | + | parent a written exp lanation of the reasons for the denial of the | |
921 | + | requested information. If the requ est for information is denied or | |
922 | + | the parent does not receive the requested information within fifteen | |
923 | + | (15) days after submitting the request for informati on, the parent | |
924 | + | may submit a written request for the information to t he board of | |
925 | + | education of a school district, which shall formally consider the | |
926 | + | request at the next scheduled public meeting of the board if the | |
927 | + | request can be properly noticed on the agenda . If the request | |
928 | + | cannot be properly noticed on the agenda, the boar d of education of | |
929 | + | a school district shall formally consider the request at the next | |
930 | + | subsequent public meeting of the board. | |
931 | + | SECTION 8. This act shall become effective November 1, 2023. | |
932 | + | ||
933 | + | ENGR. H. B. NO. 1934 Page 6 1 | |
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957 | + | ||
958 | + | Passed the House of Representatives the 21st day of March, 2023. | |
959 | + | ||
357 | 960 | ||
358 | 961 | ||
359 | 962 | ||
360 | 963 | Presiding Officer of the House | |
361 | 964 | of Representatives | |
362 | 965 | ||
363 | 966 | ||
364 | 967 | ||
365 | - | Passed the Senate the 27th day of April, 2023. | |
968 | + | Passed the Senate the ____ day of __________, 2023. | |
969 | + | ||
366 | 970 | ||
367 | 971 | ||
368 | 972 | ||
369 | 973 | Presiding Officer of the Senate | |
370 | 974 | ||
371 | 975 | ||
372 | 976 | ||
373 | - | OFFICE OF THE GOVERNOR | |
374 | - | Received by the Office of the Governor this ____________________ | |
375 | - | day of ___________________, 20______ _, at _______ o'clock _______ M. | |
376 | - | By: _________________________________ | |
377 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
378 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
379 | - | ||
380 | - | ||
381 | - | _________________________________ | |
382 | - | Governor of the State of Oklahoma | |
383 | - | ||
384 | - | OFFICE OF THE SECRETARY OF STATE | |
385 | - | Received by the Office of the Secretary of State this __________ | |
386 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
387 | - | By: _________________________________ |