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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2819 By: Kendrix of the House
and
Bergstrom of the Senate
COMMITTEE SUBSTITUTE
An Act relating to sunset; amending 70 O.S. 2021,
Section 3-173, which relates to the Oklahoma Advisory
Council on Indian Education ; re-creating the Council;
and modifying termination date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -173, is
amended to read as follows:
Section 3-173. A. There is hereby re -created to continue until
July 1, 2023 2025, in accordance with the provisions of the Oklahoma
Sunset Law, the Okla homa Advisory Council on Indian Education.
B. The Council shal l:
1. Make recommendations to the State Board of Education and the
State Superintendent of Public Instruction in educational matters
affecting the education of Native American students;
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2. Promote educational opportunities and improvement of the
quality of education provided to Nativ e American students throughout
the state;
3. Advocate for Nat ive American students in the state; and
4. Monitor and evaluate how the public education system of t he
state impacts Native American students.
C. The Council shall be c omposed of eighteen (18) members as
follows:
1. Five members who shall each represent an Indian tribe in the
state, of which at least one shall represent an Indian tribe which
has an enrollment of less than ten thousand (10,000) members who
reside in the state, appointed by the Governor from a list of
nominations submitted by the different Indian tribes in the state;
2. Four members who shall each represent the tribal education
departments of an Indian tribe in the state, appointed by the
Governor from a list of nominations subm itted by the different
Indian tribes in the state;
3. One member who shall represent the Oklahoma Council on
Indian Education, appointed by the Governor;
4. Two members who shall represent two different statewide
organizations representing public school teachers, appointed by the
President Pro Tempore of the Senate ;
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5. One member who shall represent a statewide organization
representing public school superintende nts appointed by the Speaker
of the House of Representatives;
6. One member who shall repres ent Oklahoma tribal colleges,
appointed by the Chancellor of H igher Education;
7. The Director of the Native American Cultural and Educational
Authority, or designee;
8. The Chancellor of Higher Education, or designee;
9. The Director of the Oklahoma De partment of Career and
Technology Education, or designee; and
10. The State Superintendent of Public Instruction, or
designee.
D. Appointments to the Council sha ll be made by September 1,
2010. The first meeting of the Council shall be called by the State
Superintendent of Public Instruction. At the first meeting , the
members of the Council shall elect a chair and vice -chair from among
the members. Meetings of the Council shall be held at least
quarterly at the call of the chair. Members s hall serve at the
pleasure of their appointing authorities. A majority of the members
of the Council shall constitute a quorum to transact business, but
no vacancy shall impa ir the right of the remaining members to
exercise all of the powers of the Counci l. A vacancy on the Council
shall be filled by the original appointing au thority. The State
Department of Education, Oklahoma Department of Career and
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Technology Education, and the Oklahoma State Regents for Higher
Education shall provide staff, support and information as requested
by the Council.
E. Members of the Council sh all receive no compensation for
serving on the Council, but shall receive travel reimbursement as
follows:
1. State employees who are members of the Council shall be
reimbursed for travel expenses incurred in the performance of their
duties by their respe ctive agencies in accordance with the State
Travel Reimbursement Act; and
2. All other members of th e Council shall be reimbursed by the
Office of Management and Enterprise Services for travel expenses
incurred in the performance of their duties in accord ance with the
State Travel Reimbursement Act.
F. The Council shall act in accordance with the provis ions of
the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.
G. Members who serve on the Council shall be exempt from the
dual-office-holding prohibitions of Section 6 of Title 51 of the
Oklahoma Statutes.
H. The Council shall have the follow ing duties:
1. Identify strategies for developing an efficient and reliable
process of communications between Oklahoma education entities,
educators, tribal organizations and other interested parties;
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2. Identify and disseminate research -based, measurable
criteria, both behavioral and academic, by which the success and
efficacy of the education offered to Native American students in
Oklahoma may be measure d;
3. Analyze data to ensure that education agencies in Oklahoma
continue to address the education n eeds of Native American students;
4. Encourage and promote Native American educa tional leadership
at all levels of the education system; and
5. Make recommendations to the State Board of Education for
programs that will help achieve the purposes of the O klahoma
Advisory Council on Indian Education Act.
I. The Council shall evaluate and make an annual report on the
effectiveness of the public education sys tem in Oklahoma in meeting
the needs of Native American students in Oklahoma. The report shall
be submitted to the State Board of Education. The report shall also
contain a summary of the findings made by the Council pursuant to
subsection H of this sect ion, a summary of all data collected by the
Council, a summary of the means by which all data was col lected by
the Council, and any other information deemed necessary by the
Council.
COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES, dated
03/02/2023 - DO PASS, As Amended and Coauthored.