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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1840 By: Kerbs
AS INTRODUCED
An Act relating to agriculture; designating the
Oklahoma Department of Agriculture , Food, and
Forestry as the state educational agency referenced
by the National School Lunch Act ; providing that the
Oklahoma Department of Agriculture, Food, and
Forestry may secure and administer the benefits of
the National School Lunch Act ; directing the Oklahoma
Department of Agriculture, Food, and Forestry to
provide general supervision of the school lunch
program; creating the School Lunch Workshop Revolving
Fund; providing for the allocation of funds for the
school lunch program ; amending 70 O.S. 2021, Section
3-104, which relates to the State Board of
Education's powers and duties; removing the State
Board of Education from overseeing and administering
school lunch program under the National School Lunch
Act; repealing 70 O.S. 2021, Section 3 -119, which
relates to the school lunch program; providing for
codification; and providing an effective dat e.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 3041 of Title 2, unless there is
created a duplication in numbering, reads as follows:
The Oklahoma Department of Agriculture, Food, and Forestry
shall:
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1. Be and is hereby designated as the "State Educational
Agency" referred to in Public Law 396 of the 79th Congr ess of the
United States, which law states that said act may be cited as the
"National School Lunch Act ", and said Oklahoma Department of
Agriculture, Food, and Forestry is hereby authorized and directed to
accept the terms and provision s of said act and to enter into such
agreements, not in conflict with the Constitu tion of Oklahoma or the
Constitution and statutes of the United States, as may be necessary
or appropriate to secure for the State of Oklahoma the benefits of
the school lunch program established and referred to in said act;
2. Have authority to secure a nd administer the benefits of the
National School Lunch Act, Public Law 396 of the 79th Congress of
the United States, in the State of Oklahoma and is hereby authorized
to employ or appoint and fix the compensation of such additional
officers or employees and to incur such expenses as may be necessary
for the accomplishment of the above purpose, administer the
distribution of any state funds appropriated by the Legislature
required as federal matching to reimburse on children's meals; and
3. Have general supervision of the school lunch program. The
Oklahoma Department of Agriculture , Food, and Forestry may sponsor
workshops for personnel and participants in the school lunch program
and may develop, print, and distribute free of charge or sell any
materials, books, and bulletins to be used in such school lunch
programs. There is hereby created in the State Treasury a revolving
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fund for the Oklahoma Department of Agriculture , Food, and Forestry,
to be designated the "School Lunch Workshop Revolving Fund". The
fund shall consist of all fees derived from or on behalf of any
participant in any such workshop sponsored by the Oklahoma
Department of Agriculture , Food, and Forestry, or from the sale of
any materials, books, and bulletins, and such funds shall be
disbursed for expenses of such workshops and for developing,
printing, and distributing such materials, books , and bulletins
related to the school lunch program. The fund shall be administered
in accordance with Section 155 of Title 62 of the Oklahoma Statutes.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3042 of Title 2, unless there is
created a duplication in numbering, read s as follows:
Funds appropriated to the Oklahoma Department of Agriculture,
Food, and Forestry for school lunch matching and the school lunch
program shall be apportioned by the Oklahoma Department of
Agriculture, Food, and Forestry to each school district for the
purpose of providing meals for children in complianc e with the
National School Lunch Act and the Chil d Nutrition Act of 1966 and
Public Law 91-248, as they may hereafter be amended or supplemented.
SECTION 3. AMENDATORY 7 0 O.S. 2021, Section 3-104, is
amended to read as follows:
A. The supervision of t he public school system of Oklahoma
shall be vested in the State Board of Education and, subject to
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limitations otherwise provided by law, the St ate Board of Education
shall:
1. Adopt policies and make rules for the operation of the
public school system of the state;
2. Appoint, prescribe the duties and fix the compensation of a
secretary, an attorney and all other personnel necessary for the
proper performance of the funct ions of the State Board of Education.
The secretary shall not be a member of the Board;
3. Submit to the Governor a departmental bud get based upon
major functions of the Department as prepared by the State
Superintendent of Pu blic Instruction and support ed by detailed data
on needs and proposed o perations as partially determined by the
budgetary needs of local school districts filed wi th the State Board
of Education for the ensuing fiscal year. Appropriations therefor
shall be made in lump-sum form for each major item in the budget as
follows:
a. State Aid to schools,
b. the supervision of all other functions of general and
special education including general control, free
textbooks, school lunch, Indian education and all
other functions of the Board and an amount sufficient
to adequately staff an d administer these services, and
c. the Board shall determine the details by which the
budget and the appropriations are administered.
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Annually, the Board shall make preparations to
consolidate all of the functio ns of the Department in
such a way that the budget can be based on two items,
administration and aid to schools. A maximum amount
for administration shall be designated as a part of
the total appropriation;
4. On the first day of December preceding each regular session
of the Legislature, prepare and deliver to the Governor and the
Legislature a report for the year ending June 30 immed iately
preceding the regular session of the Legislature. The report shall
contain:
a. detailed statistics and other infor mation concerning
enrollment, attendance, e xpenditures including State
Aid, and other pertinent data for all public schools
in this state,
b. reports from each and every division within the State
Department of Education as submi tted by the State
Superintendent of Public Instruction and any other
division, department, institution or other agency
under the supervision of the Board,
c. recommendations for the improvement of the public
school system of the state,
d. a statement of the receipts and expenditures of the
State Board of Education for the pas t year, and
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e. a statement of plans and recommendations for the
management and improvement of public schools and such
other information relating to the educational
interests of the stat e as may be deemed necessary and
desirable;
5. Provide for the formul ation and adoption of curricula,
courses of study and other instructional aids necessary for the
adequate instruction of pupils in the public schools;
6. Have authority in matters perta ining to the licensure and
certification of persons for instructional , supervisory and
administrative positions and services in the public schools of the
state subject to the provisions of Section 6-184 of this title, and
shall formulate rules governing th e issuance and revocation of
certificates for superintendents of scho ols, principals,
supervisors, librarians, clerical employees, school nurses, school
bus drivers, visiting teachers, classroom teachers and for other
personnel performing instructional, ad ministrative and supervisory
services, but not including members of b oards of education and other
employees who do not work directly with pupils, and may charge a nd
collect reasonable fees for the issuance of such certificates:
a. the State Department of E ducation shall not issue a
certificate to and shall revoke the certi ficate of any
person who has been convicted, whether upon a verdict
or plea of guilty or upon a plea of nolo contendere,
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or received a suspended sentence or any probationary
term for a crime or an attempt to commit a crime
provided for in Section 843.5 of Title 21 of the
Oklahoma Statutes if the offense involved sexual abuse
or sexual exploitation as those terms are defined in
Section 1-1-105 of Title 10A of the Oklahoma Statutes,
Section 741, 843.1, if the offense in cluded sexual
abuse or sexual exploitation, 865 et seq., 885, 888,
891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
1111.1, 1114 or 1123 of Title 21 of the Oklahoma
Statutes or who enters this state and who has been
convicted, received a suspended sentence or received a
deferred judgment for a crime or attempted crime
which, if committed or attempted in this state, would
be a crime or an attempt to commit a crime provided
for in any of said laws, and
b. all funds collected b y the State Department of
Education for the issuance of certificates to
instructional, supervisory and administrative
personnel in the public schools of the state shall be
deposited in the "Teachers' Certificate Fund" in the
State Treasury and may be expen ded by the State Board
of Education to finance the activities of the State
Department of Education necessary to admin ister the
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program, for consultative services, publication costs,
actual and necessary travel expenses as provided in
the State Travel Reimb ursement Act incurred by persons
performing research work, and other expenses found
necessary by the State Board of E ducation for the
improvement of the preparati on and certification of
teachers in Oklahoma. Provided, any unobligated
balance in the Teache rs' Certificate Fund in excess of
Ten Thousand Dollars ($10,000.00) on June 30 of any
fiscal year shall be transferre d to the General
Revenue Fund of the State of Oklahoma. Until July 1,
1997, the State Board of Education shall have
authority for approval of teacher education programs.
The State Board of Education shall also have authority
for the administration of tea cher residency and
professional development, subject to the provisions of
the Oklahoma Teacher Preparation Act;
7. Promulgate rules govern ing the classification, inspectio n,
supervision and accrediting of all public nursery, kindergarten,
elementary and secondary schools and on-site educational serv ices
provided by public school districts or state -accredited private
schools in partial hospit alization programs, day treatment programs,
and day hospital programs as defined in this act for persons between
the ages of three (3) and twenty-one (21) years of age in the state.
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However, no school shall be denied accreditation solely on the basis
of average daily attendance.
Any school district which maintains an elementary school and
faces the necessity of relocati ng its school facilities because of
construction of a lake, either by state or federal authority, which
will inundate the school facilities , shall be entitled to receive
probationary accreditation from the State Board of Education for a
period of five (5) years after the effective date of this act an d
any school district, otherwise qualified, shall be entitled to
receive probationary accredit ation from the State Board of Edu cation
for a period of two (2) consecutive years to attain the minimum
average daily attendance. The Head Start and public nurse ries or
kindergartens operated from Community Action Program funds shall not
be subjected to the accrediting rules of the State Board of
Education. Neither will the State Board of Education make rules
affecting the operation of the public nurseries and ki ndergartens
operated from federal funds secured through Community Action
Programs even though they may be operating in the publ ic schools of
the state. However, any of the Head Start or public nurseries or
kindergartens operated under federal regulations may make
application for accrediting from the State Board of Education but
will be accredited only if application for the appro val of the
programs is made. The status of no school district shall be changed
which will reduce it to a lower classification un til due notice has
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been given to the proper authorities thereof and an opportunity
given to correct the conditions which otherw ise would be the cause
of such reduction.
Private and parochial schools may be accre dited and classified
in like manner as public schools or, if an accrediting association
is approved by the State Board of Education, by pro cedures
established by the State Board of Education to accept accreditation
by such accrediting association, if appli cation is made to the State
Board of Education for such accrediting;
8. Be the legal agent of the State of Oklahoma to accept, in
its discretion, the provisions of any Act of Congress appropriating
or apportioning funds which are now, or may hereafter be, provided
for use in connection with any phas e of the system of public
education in Oklahoma. It shall prescribe such rules as it finds
necessary to provide for the proper distribution of such funds in
accordance with the state and federal laws;
9. Be and is specifically hereby designated as the ag ency of
this state to cooperate and deal with any officer, board or
authority of the United St ates Government under any law of the
United States which may require or recommend cooperation with any
state board having charge of the administration of public s chools
unless otherwise provided by law;
10. Be and is hereby designated as the "State Educational
Agency" referred to in Public Law 396 of the 79th Congress of the
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United States, which law states that said ac t may be cited as the
"National School Lunch A ct", and said State Board of Education is
hereby authorized and directed to accept the terms a nd provisions of
said act and to enter into such agreements, not in conflict with the
Constitution of Oklahoma or th e Constitution and Statutes of the
United States, as may be necessary or appropriate to secure for the
State of Oklahoma the benefits of the school lunch program
established and referred to in said act;
11. Have authority to secure and administer the ben efits of the
National School Lunch Act, Public Law 396 of the 79th Congress of
the United States, in the State of Oklahoma and is hereby auth orized
to employ or appoint and f ix the compensation of such additional
officers or employees and to incur such exp enses as may be necessary
for the accomplishmen t of the above purpose, administer the
distribution of any state funds appropriated by the Leg islature
required as federal matc hing to reimburse on children's meals;
12. Accept and provide for the administra tion of any land,
money, buildings, gifts, donat ion or other things of value which may
be offered or bequeathed to the schools under the super vision or
control of said Board;
13. 11. Have authority to require persons having administrative
control of all school districts in Oklahoma to make such regular and
special reports regarding the activities of the schools in said
districts as the Board may de em needful for the proper exe rcise of
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its duties and functions. Such authority shall include the right of
the State Board of Education to withhold all state fund s under its
control, to withhold official recognition, including accrediting,
until such required reports have been filed a nd accepted in the
office of said Board and to revoke the certificates of persons
failing or refusing to make such reports;
14. Have general supervision of the school lunch program. The
State Board of Education may sponsor wo rkshops for personnel and
participants in the school lunch program and may develop, print and
distribute free of charge or sell any materials, books and bulletins
to be used in such school lunch programs. There is hereby created
in the State Treasury a re volving fund for the Board, t o be
designated the School Lunch Workshop Revolving Fund. The fund shall
consist of all fees derived from or on behalf of any partic ipant in
any such workshop sponsored by the State Board of Education, or from
the sale of any materials, books and bulletin s, and such funds shall
be disbursed for expenses of such workshops and for develop ing,
printing and distributing of such materials, books and bulletins
relating to the school lunch program. The fund shall be
administered in accordance with Section 155 of Title 62 of the
Oklahoma Statutes;
15. 12. Prescribe all forms for school district a nd county
officers to report to the State Board of Education where required.
The State Board of Education shall also prescribe a list of
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appropriation accounts by which the funds of school districts shall
be budgeted, accounted for and expended; and it sh all be the duty of
the State Auditor and Inspector in prescribing all budgeting,
accounting and reporting forms for school funds to conform to su ch
lists;
16. 13. Provide for the establishment of a uniform system of
pupil and personnel accounting, records an d reports;
17. 14. Have authority to provide for the he alth and safety of
school children and school personnel while under the jurisdiction of
school authorities;
18. 15. Provide for the supervision of the transportation of
pupils;
19. 16. Have authority, upon request of the local school board,
to act in behalf of t he public schools of the state in the purchase
of transportation equipment;
20. 17. Have authority and is hereby required to perform all
duties necessary to the adminis tration of the public school system
in Oklahoma as specified in the Oklahoma School Code; a nd, in
addition thereto, those duties not specifically mentioned herein if
not delegated by law to any other agency or official;
21. 18. Administer the State Public Com mon School Building
Equalization Fund established by Section 32 of Article X of the
Oklahoma Constitution. Any monies as may be appropriated or
designated by the Legislature, other tha n ad valorem taxes, any
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other funds identified by the State Department of Education, which
may include, but not be limited to, grants-in-aid from the federal
government for building purposes, the proceeds of all property that
shall fall to the state by esc heat, penalties for unlawful holding
of real estate by corporations, an d capital gains on assets of the
permanent school funds, shall be deposited in the State Pu blic
Common School Building Equalization Fund. The fund shall be used to
aid school districts and charter schools in acquiring buildings,
subject to the limitations fixed by Section 32 of Article X of the
Oklahoma Constitution. It is hereby declared that the term
"acquiring buildings" as used in Section 32 of Article X of the
Oklahoma Constitutio n shall mean acquiring or improving school
sites, constructing, repairi ng, remodeling or equipping buildings,
or acquiring school furniture, fixtures, or equipmen t. It is hereby
declared that the term "school districts" as used in Section 32 of
Article X of the Oklahoma Constitution shall mean school districts
and eligible charter schools as defined in subsection B of this
section. The State Board of Education sh all disburse redbud school
grants annually from the State Public Common School Building
Equalization Fund to public schools and eligible charter schools
pursuant to subsection B of this sec tion. The Board shall
promulgate rules for the implementation of d isbursing redbud school
grants pursuant to this section. The State Board of Education shall
prescribe rules for making grants of aid from, and for otherwise
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administering, the fund pursuan t to the provisions of this
paragraph, and may employ and fix the d uties and compensation of
technicians, aides, clerks, stenographers, attorneys and other
personnel deemed necessary to carry out the provisions of this
paragraph. The cost of administering the fund shall be paid from
monies appropriated to the State Board of Education for the
operation of the State Department of Education. From monies
apportioned to the fund, the State Department of Education may
reserve not more than one -half of one percent (1/2 of 1%) for
purposes of administering the fund;
22. 19. Recognize that the Director of the Oklahoma Departme nt
of Corrections shall be the administrative authority for the schools
which are maintained in the state reformatories and shall appoint
the principals and teachers in such schools. Provided, that rules
of the State Board of Education for the classificat ion, inspection
and accreditation of public sc hools shall be applicable to such
schools; and such schools shall comply with standards set by th e
State Board of Education; and
23. 20. Have authority to administer a revolving fund which is
hereby created in the State Treasury, to be designated the
Statistical Services Revolving Fund. The fund s hall consist of all
monies received from the various sch ool districts of the state, the
United States Government, and other s ources for the purpose of
furnishing or financing statistical services and for any othe r
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purpose as designated by the Legislature. The State Board of
Education is hereby authorized to en ter into agreements with school
districts, municipalities, the United States Government, foundations
and other agencies or individuals for services, program s or research
projects. The Statistical Ser vices Revolving Fund shall be
administered in accordance with Section 155 of Title 62 of the
Oklahoma Statutes.
B. 1. The redbud school grants shall be determined by th e
State Department of Education as follows :
a. divide the county four-mill levy revenue by four to
determine the nonchargeable county four -mill revenue
for each school district,
b. determine the amount of new re venue generated by the
five-mill building fund levy as authorized by Section
10 of Article X of the Oklahoma Constitution for each
school district as reported in the Oklahoma Cost
Accounting System for the preceding fiscal year,
c. add the amounts calculat ed in subparagraphs a and b of
this paragraph to determine the nonchargeable millage
for each school district,
d. add the nonchargeable millage in each district
statewide as calculat ed in subparagraph c of this
paragraph and divide the total by the average daily
membership in public schools statewide based on the
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preceding school year's average daily membership,
according to the provi sions of Section 18-107 of this
title. This amount is the statewide nonchargeable
millage per student, known as the baseline local
funding per student,
e. all eligible charter schools shall be included in
these calculations as unique school districts,
separate from the school district that may sponsor th e
eligible charter school, and the total number of
districts shall be used to determine the statewide
average baseline local funding per student,
f. for each school district or eligible charter school
which is below the baseline local funding per student,
the Department shall subtract the baseline local
funding per student from the average nonchargeable
millage per student of the school district or eligible
charter school to determine the nonchargeable milla ge
per student shortfall for each district, and
g. the nonchargeable millage per student shortfall for a
school district or eligible charter school shall be
multiplied by the average daily membership of the
preceding school year of the eligible school dist rict
or eligible charter school. This amount sh all be the
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redbud school grant amount for the school district or
eligible charter school.
2. For fiscal year 2022, m onies for the redbud school grants
shall be expended from the funds apportioned pursuant to Section 2
426 of this act Title 63 of the Oklahoma Statutes . For fiscal year
2023 and each subsequent fiscal year, monies for the redbud school
grants shall be appropri ated pursuant to Section 2 426 of this act
Title 63 of the Oklahoma Statutes, not to exceed three-fourths (3/4)
of the tax collected in the preceding fiscal year pursuant to
Section 426 of Title 63 of the Okla homa Statutes as determined by
the Oklahoma Tax Commission. For fiscal year 2023 and eac h
subsequent fiscal year, if such appropriated funds are insufficient
to fund the redbud school grants, then an add itional apportionment
of funds shall be made from sales tax collections as provided by
subsection D of Section 3 1353 of this act Title 68 of the Oklahoma
Statutes. If both funds are insufficient, the Department shall
promulgate rules to permit a decrease to the bas eline local funding
per student to the highest amount allowed with the funding
available.
3. As used in this section, "eligible charter school" shall
mean a charter school which is sponsored pursuant to the provisions
of the Oklahoma Charter School Act. Provided, however, "eligible
charter school" shall not include a charter school sponsored by the
Statewide Virtual Charter School Board but shall only include those
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which provide in-person or blended instruction , as provided by
Section 1-111 of this title, to not less than two -thirds (2/3) of
students as the primary means of instructional service delivery.
4. The Department shall d evelop a program to acknowledge the
redbud school grant recipients and shall include elected members of
the Oklahoma House of R epresentatives and Oklahom a State Senate who
represent the school districts and eligible charter schools.
5. The Department shall create a dedicated page on its website
listing annual redbud sc hool grant recipients, amount awarded to
each recipient and other pertinent information about the Redbud
School Funding Act.
6. The Department shall provide the Chair of the House
Appropriations and Budget Committee and the Chair of the Senate
Appropriations Committee no later than February 1 of each year with
an estimate of the upcoming yea r's redbud school grant allocation as
prescribed by this section.
SECTION 4. REPEALER 70 O.S. 2021, Section 3-119, is
hereby repealed.
SECTION 5. This act shall become effective November 1, 202 3.
59-1-5149 CMA 11/28/22