| 38 | 64 | | |
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| 39 | 65 | | An Act relating to school board elections; amending |
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| 40 | 66 | | 70 O.S. 2021, Section 5 -107A, which relates to |
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| 41 | 67 | | election procedure of boards of education of school |
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| 42 | 68 | | districts; modifying dates for reap portionment of |
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| 43 | 69 | | certain districts; and providing an effective date. |
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| 44 | 70 | | |
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| 46 | 72 | | |
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| 47 | 73 | | |
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| 48 | 74 | | |
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| 49 | 75 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 50 | 76 | | SECTION 1. AMENDATORY 70 O.S. 2021, Section 5 -107A, is |
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| 51 | 77 | | amended to read as follows: |
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| 52 | 78 | | Section 5-107A. The following provisions and the provisions of |
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| 53 | 79 | | Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall |
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| 54 | 80 | | govern the election of members of the bo ard of education for a |
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| 55 | 81 | | school district: |
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| 56 | 82 | | A. For purposes of this section, temporary positions added to a |
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| 57 | 83 | | board of education pursua nt to Section 7-101 or 7-105 of this title |
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| 58 | 84 | | and the chair of the board of education elected pursuant to Section |
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| 59 | 85 | | 1 of this act shall not be considered in determining the size of the |
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| 60 | 86 | | board. The number and term of each board of education shall be as |
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| 61 | 87 | | follows: |
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| 90 | 140 | | Elementary 3 3 |
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| 91 | 141 | | Independent |
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| 92 | 142 | | 1. Districts having a five -member |
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| 93 | 143 | | board 5 5 |
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| 94 | 144 | | 2. Districts having a s even- |
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| 95 | 145 | | member board unless an |
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| 96 | 146 | | election is conducted |
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| 97 | 147 | | pursuant to subsection C of |
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| 98 | 148 | | this section 7 4 |
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| 99 | 149 | | B. In all school districts, the me mbers of the board of |
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| 100 | 150 | | education shall be elected as follows: |
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| 101 | 151 | | 1. a. Between August 1 April 8 and December 31 August 31 of |
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| 102 | 152 | | the year following the submission by the United States |
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| 103 | 153 | | Department of Commerce to the President of the United |
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| 104 | 154 | | States of the official Fed eral Decennial Census, the |
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| 105 | 155 | | board of education shall reapportion the territory of |
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| 106 | 156 | | the school district into board districts. Beginning |
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| 107 | 157 | | with the reapportionmen t following the 1990 Federal |
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| 108 | 158 | | Decennial Census, all boundaries of board districts |
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| 109 | 159 | | shall follow clearly visible, definable and observable |
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| 110 | 160 | | physical boundaries which are based upon criteria |
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| 111 | 161 | | established and recognized by the Bur eau of the Census |
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| 112 | 162 | | of the United States Department of Commerce for |
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| 141 | 215 | | census and shall follow, as much as is possible, |
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| 142 | 216 | | precinct boundaries. Board districts shall be |
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| 143 | 217 | | compact, contiguous and shall be as equal in |
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| 144 | 218 | | population as practical with not more than a ten |
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| 145 | 219 | | percent (10%) variance between the most populous and |
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| 146 | 220 | | least populous board distr icts. |
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| 147 | 221 | | b. School districts having fewer than one thousand eight |
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| 148 | 222 | | hundred (1,800) students in average daily membership |
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| 149 | 223 | | during the preceding school year may choo se not to |
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| 150 | 224 | | establish board districts and may nominate and elect |
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| 151 | 225 | | all board members at large. |
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| 152 | 226 | | c. Elementary school districts shall have board members |
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| 153 | 227 | | elected at large. |
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| 154 | 228 | | d. A city located in an independent school district |
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| 155 | 229 | | having four or more wards and an outlyi ng area with |
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| 156 | 230 | | such outlying area comprising no more than twenty |
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| 157 | 231 | | percent (20%) of the population of s uch independent |
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| 158 | 232 | | school district, then such independent school district |
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| 159 | 233 | | may adopt such wards and outlying area in lieu of the |
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| 160 | 234 | | board districts provided for in subparagraph a of this |
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| 161 | 235 | | paragraph, and at least one member of the board of |
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| 162 | 236 | | education of such indepen dent school district shall be |
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| 163 | 237 | | a member of each ward; and |
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| 190 | 288 | | |
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| 191 | 289 | | 2. One member of the board of education shall be elected by the |
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| 192 | 290 | | electors of the school district to represent each such board |
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| 193 | 291 | | district. Provided, however, that in any school district where the |
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| 194 | 292 | | electors of each board district, rather than the electors of the |
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| 195 | 293 | | entire school district, elect board members to represent that bo ard |
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| 196 | 294 | | district, that district shall elect board members in that manner. |
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| 197 | 295 | | If during the term of office to which a person was elected, th at |
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| 198 | 296 | | member ceases to be a resident of the board district for which the |
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| 199 | 297 | | person was elected, the office shall become vacant and such vacancy |
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| 200 | 298 | | shall be filled as provided in Section 13A-110 of Title 26 of the |
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| 201 | 299 | | Oklahoma Statutes; and |
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| 202 | 300 | | 3. In a school district havi ng more than ten thousand (10,000) |
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| 203 | 301 | | children in average daily membership, the following provision and |
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| 204 | 302 | | the provisions of Secti on 13A-101 et seq. of Title 26 of the |
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| 205 | 303 | | Oklahoma Statutes shall control as to election of the members of the |
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| 206 | 304 | | school district’s board of education: |
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| 207 | 305 | | a. There shall be held an election in which the electors |
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| 208 | 306 | | of each board district in which a term is expiring or |
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| 209 | 307 | | in which a vacancy exists shall s elect two candidates |
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| 210 | 308 | | from among the candidates for board member to |
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| 211 | 309 | | represent the board district, |
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| 212 | 310 | | b. If, in the election, one candidate has a majority of |
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| 213 | 311 | | all votes cast, then a run -off election is not |
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| 214 | 312 | | required. If no candid ate receives a majority of all |
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| 241 | 363 | | |
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| 242 | 364 | | votes cast, then the two candidates receiving the |
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| 243 | 365 | | greatest number of votes shall become the candidate s |
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| 244 | 366 | | for the board district in the general election, and |
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| 245 | 367 | | c. At the run-off election, all of the electors of the |
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| 246 | 368 | | board district shall select one of the two candi dates |
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| 247 | 369 | | as the member of the board of education representing |
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| 248 | 370 | | the board district. |
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| 249 | 371 | | C. Any seven-member board shall have the option of reducing its |
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| 250 | 372 | | board to a five-member board either after approval of a board |
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| 251 | 373 | | resolution or a vote of the electors of the school district to take |
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| 252 | 374 | | such action pursuant to Section 13A -109 of Title 26 of the Oklahoma |
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| 253 | 375 | | Statutes. The election pursuant to a vote of the electors of the |
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| 254 | 376 | | school district shall be called upon the submission of a petition |
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| 255 | 377 | | requesting the election signed by ten percent (10%) of the school |
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| 256 | 378 | | district electors in the school district, the percentage being |
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| 257 | 379 | | applied to the highest number of voters voting in a regular school |
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| 258 | 380 | | district election in the district in the preceding five (5) years as |
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| 259 | 381 | | determined by the secretary o f the county election board, who shall |
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| 260 | 382 | | certify the adequacy of the number of signatures on the peti tion. |
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| 261 | 383 | | If the question is put before the voters of the district, such |
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| 262 | 384 | | election shall be held along with and at the same time and place as |
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| 263 | 385 | | the next school election if all requirements of Section 13A -101 et |
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| 264 | 386 | | seq. of Title 26 of the Oklahoma Statutes for such election are met. |
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| 292 | 438 | | After such resolution or election, the board shall reapportion |
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| 293 | 439 | | the district, determining by resolution or by lot which board member |
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| 294 | 440 | | offices shall be abolished at the end of the current board member ’s |
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| 295 | 441 | | term and which shall become one of the offices of the new board. |
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| 296 | 442 | | Election of the resulting board members shall be carried out |
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| 297 | 443 | | according to procedures stated in th is section and Section 13A -101 |
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| 298 | 444 | | et seq. of Title 26 of the Oklahoma Statutes. |
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| 299 | 445 | | School board members currently serving in offices aboli shed |
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| 300 | 446 | | pursuant to this subsection shall continue serving until the end of |
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| 301 | 447 | | their current terms as at -large members. |
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| 302 | 448 | | D. Except for the chair of the board of ed ucation elected |
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| 303 | 449 | | pursuant to Section 1 of this act, offices of members of the board |
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| 304 | 450 | | of education shall be designated by consecutive numbers and shall |
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| 305 | 451 | | correspond with board districts when applicable. |
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| 306 | 452 | | E. Except for those memb ers elected prior to July 1, 1992 , the |
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| 307 | 453 | | terms of office of the members of a five -member board of education |
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| 308 | 454 | | shall commence on the firs t regular, special or emergency school |
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| 309 | 455 | | board meeting after the date of the annual school election and after |
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| 310 | 456 | | the member has been certified as elected: |
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| 311 | 457 | | Office No. 1 1991 |
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| 312 | 458 | | Office No. 2 1992 |
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| 313 | 459 | | Office No. 3 1993 |
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| 314 | 460 | | Office No. 4 1994 |
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| 315 | 461 | | Office No. 5 1995 |
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| 342 | 512 | | |
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| 343 | 513 | | The terms of office of the members of a seven -member board of |
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| 344 | 514 | | education shall be staggered, with one member being elected in 1991, |
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| 345 | 515 | | two members being elected in 1992, two mem bers being elected in 1993 |
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| 346 | 516 | | and two members being elected in 1994 and shall commence on the |
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| 347 | 517 | | first regular, special or emergency school board meeting after the |
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| 348 | 518 | | date of the annual school election and after the member has been |
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| 349 | 519 | | certified as elected; provided, i n districts needing to elect two |
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| 350 | 520 | | members in 1991 to maintain a full complement of board members, tw o |
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| 351 | 521 | | members shall be elected in 1991, one for a full term and one for a |
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| 352 | 522 | | one-year term, as determined by the local board. If a seven-member |
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| 353 | 523 | | board is formed upon consolidation pursuant to Section 7 -105 of this |
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| 354 | 524 | | title, or upon annexation pursuant to Section 7 -101 of this title, |
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| 355 | 525 | | the formation agreement shall specify initial short terms as |
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| 356 | 526 | | necessary to extend until the beginning of th e regular terms for |
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| 357 | 527 | | seven-member boards established herein. |
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| 358 | 528 | | Upon reduction of a seven -member board pursuant to subsection C |
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| 359 | 529 | | of this section, the terms of the five -member board shall be |
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| 360 | 530 | | staggered pursuant to this subsection. |
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| 361 | 531 | | One member of a three -member board of education shall be elected |
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| 362 | 532 | | each year, and the terms of office shall commence on the first |
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| 363 | 533 | | regular, special or emergency school board meeting after the member |
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| 364 | 534 | | has been certified as elected. |
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| 365 | 535 | | F. The term of office of each board member elected after Jul y |
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| 366 | 536 | | 1, 1992, shall commence on the first regular, special or emergency |
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| 393 | 587 | | |
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| 394 | 588 | | school board meeting after the date of the annual school electi on |
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| 395 | 589 | | and after the member has been certified as elected. Board members |
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| 396 | 590 | | elected prior to July 1, 1992, may remain in office un til their |
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| 397 | 591 | | successor is elected an d seated pursuant to Sections 13A-101 through |
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| 398 | 592 | | 13A-111 of Title 26 of the Oklahoma Statutes. The re maining term of |
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| 399 | 593 | | any member who completes the term for which the member was elected |
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| 400 | 594 | | but not wishing to serve until the succes sor of the member takes |
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| 401 | 595 | | office on the first regular, special or emergency school board |
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| 402 | 596 | | meeting after the successor has been certifie d as elected, shall be |
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| 403 | 597 | | filled by appointment by the remaining members of the board of |
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| 404 | 598 | | education. |
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| 405 | 599 | | SECTION 2. This act shall become effective November 1, 2023. |
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