An Act ENROLLED SENATE BILL NO. 299 By: Thompson (Roger), Pemberton, and Boren of the Senate and Vancuren, Pittman, and Munson of the House An Act relating to the Oklahoma Advisory Council on Indian Education; amendi ng 70 O.S. 2021, Section 3 - 173, which relates to composition and duties of the Council; recreating the council until certain date; modifying appointment authority for certain members; modifying date by which appointments are to be made; providing for the filling of certain vacancies; updating statutory language; providing an effective date; and declaring an emergency. SUBJECT: Oklahoma Advisory Council on Indian Edu cation 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 July 1, 2026, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Advisory Council on Indian Education. B. The Council shall: ENR. S. B. NO. 299 Page 2 1. Make recommendations to the State Board of Edu cation and the Superintendent of Public Instruction in educational matters affecting the education of Native American students; 2. Promote educational opportunities and i mprovement of the quality of education provided to Native American students throughou t the state; 3. Advocate for Native American students in the state; and 4. Monitor and evaluate how the public education system of the state impacts Native American stud ents. C. The Council shall be composed 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 Speaker of the House of Representatives from a list of nominations submitted by the elected executive leaders of different Indian tribes in the state; 2. Four members who shall each represen t the tribal education departments of an Indian tribe in the state, appointed by the Governor President Pro Tempore of the S enate from a list of nominations submitted by the elected executive leaders of different Indian tribes in the state; 3. One member who shall represent the Oklahoma Council on for Indian Education, appointed by the Go vernor; 4. Two members who shall represent two different statewide organizations representing public school teachers, appointed by the President Pro Tempore of the Senate; 5. One member who shall represent a statewide organization representing public sch ool superintendents, appointed by the Speaker of the House of Representatives; 6. One member who shall represent Oklahoma tribal colleges, appointed by the Chancellor of Hig her Education; ENR. S. B. NO. 299 Page 3 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 Department of Career and Technology Education, or designee; and 10. The Superintendent of P ublic Instruction, or designee. D. Appointments to the Council shall be made by September 1, 2010 2023. The first meeting of the Council shall be called by the Superintendent of Public Instruction. At the first meeting, th e members of the Council shall elect a chair and vice-chair 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 majo rity of the members of the Council shall constitute a quorum to transact business, but no vacancy shall impair 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 appoin ting authority. A vacancy on the Council in a seat representing an Indian tribe in the state or the tribal education department of an Indian tribe in the state may be filled by the original appointing authority from a list of nominations submitted by the elected executive leaders of Indian tribes in the state. Appointments to fill a ny vacancy on the Council shall be made within three (3) months following the vacancy. The State Department of Education, Oklahoma Department of Career and Technology Education, and the Oklahoma State Reg ents for Higher Education shall provide staff, support , and information as requested by the Council. E. Members of the Council shall receive no compensation for serving on the Council , but shall receive travel reimbursement a s 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 respective agencies in accordance with the State Travel Reimbursement Act; and ENR. S. B. NO. 299 Page 4 2. All other member s of the Council shall be reimbu rsed by the Office of Management and Enterprise Services for travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act. F. The Council shall act in accordance with th e provisions 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 following duties: 1. Identify strategies for developing an efficient and reliable process of communications between Oklahoma education entities, educators, tribal organizations , and other interested parties; 2. Identify and disseminate research -based, measurable criteria, both behavio ral and academic, by which the success and efficacy of the education offered to Native American students in Oklahoma may be measured; 3. Analyze data to ensure that education agencies in Oklahoma continue to address t he education needs 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 p urposes of the Oklahoma Advisory Council on Indian Education Act. I. The Council shall evaluate and make an annual report on the effectiveness of the public education system 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 section, a summary of all data collected by the Council, a summary of the means by which all data was collected by the Council, and any other information deemed necessary by the Council. ENR. S. B. NO. 299 Page 5 SECTION 2. This act shall become effective July 1, 2023. SECTION 3. It being immediately necessary for the preservation of the public peace, health, or safety, an emergency is hereby declared to exist, by reason whereof th is act shall take effect and be in full force from and after its passage and approval. ENR. S. B. NO. 299 Page 6 Passed the Senate the 8th day of March, 2023. Presiding Officer of the Senate Passed the House of Representatives the 25th day of April, 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 Governor 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: _______________________________ __