Oklahoma 2024 Regular Session

Oklahoma House Bill HB1840 Compare Versions

Version 1 (Old)

Version 2 (New)

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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 59th Legislature (2023)
34	31
35		-
36		-
37		-	COMMITTEE SUBSTITUTE
38		-	FOR
39		-	HOUSE BILL NO. 1840 By: Kerbs, West (Tammy),
40		-	Provenzano, and Lawson of
41		-	the House
42		-
43		-	and
44		-
45		-	Pugh of the Senate
	32	+	HOUSE BILL 1840 By: Kerbs
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49		-	COMMITTEE SUBSTITUTE
	36	+
	37	+
	38	+	AS INTRODUCED
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51	40		An Act relating to agriculture; designating the
52	41		Oklahoma Department of Agriculture , Food, and
53	42		Forestry as the state educational agency referenced
54	43		by the National School Lunch Act ; providing that the
55	44		Oklahoma Department of Agriculture, Food, and
56	45		Forestry may secure and administer the benefits of
57	46		the National School Lunch Act ; directing the Oklahoma
58	47		Department of Agriculture, Food, and Forestry to
59	48		provide general supervision of the school lunch
60	49		program; creating the School Lunch Workshop Revolving
61	50		Fund; providing for the allocation of funds for the
62	51		school lunch program ; amending 70 O.S. 2021, Section
63	52		3-104, which relates to the State Board of
64	53		Education's powers and duties; removing the State
65	54		Board of Education from overseeing and administering
66	55		school lunch program under the National School Lunch
67	56		Act; repealing 70 O.S. 2021, Section 3 -119, which
68	57		relates to the school lunch program; providing for
69	58		codification; and providing an effective dat e.
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75	64		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	65	+	SECTION 1. NEW LAW A new section of l aw to be codified
	66	+	in the Oklahoma Statutes as Section 3041 of Title 2, unless there is
	67	+	created a duplication in numbering, reads as follows:
	68	+	The Oklahoma Department of Agriculture, Food, and Forestry
	69	+	shall:
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77		-	HB1840 HFLR Page 2
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103		-	SECTION 1. NEW LAW A new section of l aw to be codified
104		-	in the Oklahoma Statutes as Section 3041 of Title 2, unless there is
105		-	created a duplication in numbering, reads as follows:
106		-	The Oklahoma Department of Agriculture, Food, and Forestry
107		-	shall:
108	96		1. Be and is hereby designated as the "State Educational
109	97		Agency" referred to in Public Law 396 of the 79th Congr ess of the
110	98		United States, which law states that said act may be cited as the
111	99		"National School Lunch Act ", and said Oklahoma Department of
112	100		Agriculture, Food, and Forestry is hereby authorized and directed to
113	101		accept the terms and provision s of said act and to enter into such
114	102		agreements, not in conflict with the Constitu tion of Oklahoma or the
115	103		Constitution and statutes of the United States, as may be necessary
116	104		or appropriate to secure for the State of Oklahoma the benefits of
117	105		the school lunch program established and referred to in said act;
118	106		2. Have authority to secure a nd administer the benefits of the
119	107		National School Lunch Act, Public Law 396 of the 79th Congress of
120	108		the United States, in the State of Oklahoma and is hereby authorized
121	109		to employ or appoint and fix the compensation of such additional
122	110		officers or employees and to incur such expenses as may be necessary
123	111		for the accomplishment of the above purpose, administer the
124	112		distribution of any state funds appropriated by the Legislature
125	113		required as federal matching to reimburse on children's meals; and
	114	+	3. Have general supervision of the school lunch program. The
	115	+	Oklahoma Department of Agriculture , Food, and Forestry may sponsor
	116	+	workshops for personnel and participants in the school lunch program
	117	+	and may develop, print, and distribute free of charge or sell any
	118	+	materials, books, and bulletins to be used in such school lunch
	119	+	programs. There is hereby created in the State Treasury a revolving
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127		-	HB1840 HFLR Page 3
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153		-	3. Have general supervision of the school lunch program. The
154		-	Oklahoma Department of Agricultu re, Food, and Forestry may sponsor
155		-	workshops for personnel and participants in the school lunch program
156		-	and may develop, print, and distribute free of charge or sell any
157		-	materials, books, and bulletins to be used in such school l unch
158		-	programs. There is he reby created in the State Treasury a revolving
159	146		fund for the Oklahoma Department of Agriculture , Food, and Forestry,
160	147		to be designated the "School Lunch Workshop Revolving Fund". The
161	148		fund shall consist of all fees derived from or on behalf of any
162	149		participant in any such workshop sponsored by the Oklahoma
163	150		Department of Agriculture , Food, and Forestry, or from the sale of
164	151		any materials, books, and bulletins, and such funds shall be
165	152		disbursed for expenses of such workshops and for developing,
166	153		printing, and distributing such materials, books , and bulletins
167	154		related to the school lunch program. The fund shall be administered
168	155		in accordance with Section 155 of Title 62 of the Oklahoma Statutes.
169	156		SECTION 2. NEW LAW A new section of law to be codified
170	157		in the Oklahoma Statutes as Section 3042 of Title 2, unless there is
171	158		created a duplication in numbering, read s as follows:
172	159		Funds appropriated to the Oklahoma Department of Agriculture,
173	160		Food, and Forestry for school lunch matching and the school lunch
174	161		program shall be apportioned by the Oklahoma Department of
175	162		Agriculture, Food, and Forestry to each school district for the
176	163		purpose of providing meals for children in complianc e with the
	164	+	National School Lunch Act and the Chil d Nutrition Act of 1966 and
	165	+	Public Law 91-248, as they may hereafter be amended or supplemented.
	166	+	SECTION 3. AMENDATORY 7 0 O.S. 2021, Section 3-104, is
	167	+	amended to read as follows:
	168	+	A. The supervision of t he public school system of Oklahoma
	169	+	shall be vested in the State Board of Education and, subject to
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178		-	HB1840 HFLR Page 4
179		-	BOLD FACE denotes Committee Amendments. 1
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204		-	National School Lunch Act and the Chil d Nutrition Act of 1966 and
205		-	Public Law 91-248, as they may hereafter be amended or supplemented.
206		-	SECTION 3. AMENDATORY 70 O.S. 2021, Section 3 -104, is
207		-	amended to read as follows:
208		-	A. The supervision of t he public school system of Oklahoma
209		-	shall be vested in the State Board of Education and, subject to
210	196		limitations otherwise provided by law, the St ate Board of Education
211	197		shall:
212	198		1. Adopt policies and make rules for the operation of the
213	199		public school system of the state;
214	200		2. Appoint, prescribe the duties and fix the compensation of a
215	201		secretary, an attorney and all other personnel necessary for the
216	202		proper performance of the funct ions of the State Board of Education.
217	203		The secretary shall not be a member of the Board;
218	204		3. Submit to the Governor a departmental bud get based upon
219	205		major functions of the Department as prepared by the State
220	206		Superintendent of Pu blic Instruction and support ed by detailed data
221	207		on needs and proposed o perations as partially determined by the
222	208		budgetary needs of local school districts filed wi th the State Board
223	209		of Education for the ensuing fiscal year. Appropriations therefor
224	210		shall be made in lump-sum form for each major item in the budget as
225	211		follows:
226	212		a. State Aid to schools,
	213	+	b. the supervision of all other functions of general and
	214	+	special education including general control, free
	215	+	textbooks, school lunch, Indian education and all
	216	+	other functions of the Board and an amount sufficient
	217	+	to adequately staff an d administer these services, and
	218	+	c. the Board shall determine the details by which the
	219	+	budget and the appropriations are administered.
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228		-	HB1840 HFLR Page 5
229		-	BOLD FACE denotes Committee Amendments. 1
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254		-	b. the supervision of all other functions of general and
255		-	special education including general control, free
256		-	textbooks, school lunch, Indian education and all
257		-	other functions of the Board and an amount sufficient
258		-	to adequately staff an d administer these services, and
259		-	c. the Board shall determine the details by which the
260		-	budget and the appropriations are administered.
261	246		Annually, the Board shall make preparations to
262	247		consolidate all of the functio ns of the Department in
263	248		such a way that the budget can be based on two items,
264	249		administration and aid to schools. A maximum amount
265	250		for administration shall be designated as a part of
266	251		the total appropriation;
267	252		4. On the first day of December preceding each regular session
268	253		of the Legislature, prepare and deliver to the Governor and the
269	254		Legislature a report for the year ending June 30 immed iately
270	255		preceding the regular session of the Legislature. The report shall
271	256		contain:
272	257		a. detailed statistics and other infor mation concerning
273	258		enrollment, attendance, e xpenditures including State
274	259		Aid, and other pertinent data for all public schools
275	260		in this state,
276	261		b. reports from each and every division within the State
277	262		Department of Education as submi tted by the State
	263	+	Superintendent of Public Instruction and any other
	264	+	division, department, institution or other agency
	265	+	under the supervision of the Board,
	266	+	c. recommendations for the improvement of the public
	267	+	school system of the state,
	268	+	d. a statement of the receipts and expenditures of the
	269	+	State Board of Education for the pas t year, and
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279		-	HB1840 HFLR Page 6
280		-	BOLD FACE denotes Committee Amendments. 1
	271	+	Req. No. 5149 Page 6 1
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305		-	Superintendent of Public Instruction and any other
306		-	division, department, institution or other agency
307		-	under the supervision of the Board,
308		-	c. recommendations for the improvement of the public
309		-	school system of the state,
310		-	d. a statement of the receipts and expenditures of the
311		-	State Board of Education for the pas t year, and
312	296		e. a statement of plans and recommendations for the
313	297		management and improvement of public schools and such
314	298		other information relating to the educational
315	299		interests of the stat e as may be deemed necessary and
316	300		desirable;
317	301		5. Provide for the formul ation and adoption of curricula,
318	302		courses of study and other instructional aids necessary for the
319	303		adequate instruction of pupils in the public schools;
320	304		6. Have authority in matters perta ining to the licensure and
321	305		certification of persons for instructional , supervisory and
322	306		administrative positions and services in the public schools of the
323	307		state subject to the provisions of Section 6-184 of this title, and
324	308		shall formulate rules governing th e issuance and revocation of
325	309		certificates for superintendents of scho ols, principals,
326	310		supervisors, librarians, clerical employees, school nurses, school
327	311		bus drivers, visiting teachers, classroom teachers and for other
328	312		personnel performing instructional, ad ministrative and supervisory
	313	+	services, but not including members of b oards of education and other
	314	+	employees who do not work directly with pupils, and may charge a nd
	315	+	collect reasonable fees for the issuance of such certificates:
	316	+	a. the State Department of E ducation shall not issue a
	317	+	certificate to and shall revoke the certi ficate of any
	318	+	person who has been convicted, whether upon a verdict
	319	+	or plea of guilty or upon a plea of nolo contendere,
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330		-	HB1840 HFLR Page 7
331		-	BOLD FACE denotes Committee Amendments. 1
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356		-	services, but not including members of b oards of education and other
357		-	employees who do not work directly with pupils, and may charge a nd
358		-	collect reasonable fees for the issuance of such certificates:
359		-	a. the State Department of Education shall not issue a
360		-	certificate to and shall revoke the certi ficate of any
361		-	person who has been convicted, whether upon a verdict
362		-	or plea of guilty or upon a plea of nolo contendere,
363	346		or received a suspended sentence or any probationary
364	347		term for a crime or an attempt to commit a crime
365	348		provided for in Section 843.5 of Title 21 of the
366	349		Oklahoma Statutes if the offense involved sexual abuse
367	350		or sexual exploitation as those terms are defined in
368	351		Section 1-1-105 of Title 10A of the Oklahoma Statutes,
369	352		Section 741, 843.1, if the offense in cluded sexual
370	353		abuse or sexual exploitation, 865 et seq., 885, 888,
371	354		891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
372	355		1111.1, 1114 or 1123 of Title 21 of the Oklahoma
373	356		Statutes or who enters this state and who has been
374	357		convicted, received a suspended sentence or received a
375	358		deferred judgment for a crime or attempted crime
376	359		which, if committed or attempted in this state, would
377	360		be a crime or an attempt to commit a crime provided
378	361		for in any of said laws, and
	362	+	b. all funds collected b y the State Department of
	363	+	Education for the issuance of certificates to
	364	+	instructional, supervisory and administrative
	365	+	personnel in the public schools of the state shall be
	366	+	deposited in the "Teachers' Certificate Fund" in the
	367	+	State Treasury and may be expen ded by the State Board
	368	+	of Education to finance the activities of the State
	369	+	Department of Education necessary to admin ister the
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380		-	HB1840 HFLR Page 8
381		-	BOLD FACE denotes Committee Amendments. 1
	371	+	Req. No. 5149 Page 8 1
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406		-	b. all funds collected by the State Department of
407		-	Education for the issuance of certificate s to
408		-	instructional, supervisory and administrative
409		-	personnel in the public schools of the state shall be
410		-	deposited in the "Teachers' Certificate Fund" in the
411		-	State Treasury and may be expended by the State Board
412		-	of Education to finance the activities of th e State
413		-	Department of Education necessary to admin ister the
414	396		program, for consultative services, publication costs,
415	397		actual and necessary travel expenses as provided in
416	398		the State Travel Reimb ursement Act incurred by persons
417	399		performing research work, and other expenses found
418	400		necessary by the State Board of E ducation for the
419	401		improvement of the preparati on and certification of
420	402		teachers in Oklahoma. Provided, any unobligated
421	403		balance in the Teache rs' Certificate Fund in excess of
422	404		Ten Thousand Dollars ($10,000.00) on June 30 of any
423	405		fiscal year shall be transferre d to the General
424	406		Revenue Fund of the State of Oklahoma. Until July 1,
425	407		1997, the State Board of Education shall have
426	408		authority for approval of teacher education programs.
427	409		The State Board of Education shall also have authority
428	410		for the administration of tea cher residency and
	411	+	professional development, subject to the provisions of
	412	+	the Oklahoma Teacher Preparation Act;
	413	+	7. Promulgate rules govern ing the classification, inspectio n,
	414	+	supervision and accrediting of all public nursery, kindergarten,
	415	+	elementary and secondary schools and on-site educational serv ices
	416	+	provided by public school districts or state -accredited private
	417	+	schools in partial hospit alization programs, day treatment programs,
	418	+	and day hospital programs as defined in this act for persons between
	419	+	the ages of three (3) and twenty-one (21) years of age in the state.
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430		-	HB1840 HFLR Page 9
431		-	BOLD FACE denotes Committee Amendments. 1
	421	+	Req. No. 5149 Page 9 1
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456		-	professional development, subject to the provisions of
457		-	the Oklahoma Teacher Preparation Act;
458		-	7. Promulgate rules g overning the classification, inspectio n,
459		-	supervision and accrediting of all public nursery, kindergarten,
460		-	elementary and secondary schools and on-site educational services
461		-	provided by public school districts or state -accredited private
462		-	schools in partial h ospitalization programs, day treatment programs,
463		-	and day hospital progr ams as defined in this act for persons between
464		-	the ages of three (3) and twenty-one (21) years of age in the state.
465	446		However, no school shall be denied accreditation solely on the basis
466	447		of average daily attendance.
467	448		Any school district which maintains an elementary school and
468	449		faces the necessity of relocati ng its school facilities because of
469	450		construction of a lake, either by state or federal authority, which
470	451		will inundate the school facilities , shall be entitled to receive
471	452		probationary accreditation from the State Board of Education for a
472	453		period of five (5) years after the effective date of this act an d
473	454		any school district, otherwise qualified, shall be entitled to
474	455		receive probationary accredit ation from the State Board of Edu cation
475	456		for a period of two (2) consecutive years to attain the minimum
476	457		average daily attendance. The Head Start and public nurse ries or
477	458		kindergartens operated from Community Action Program funds shall not
478	459		be subjected to the accrediting rules of the State Board of
479	460		Education. Neither will the State Board of Education make rules
	461	+	affecting the operation of the public nurseries and ki ndergartens
	462	+	operated from federal funds secured through Community Action
	463	+	Programs even though they may be operating in the publ ic schools of
	464	+	the state. However, any of the Head Start or public nurseries or
	465	+	kindergartens operated under federal regulations may make
	466	+	application for accrediting from the State Board of Education but
	467	+	will be accredited only if application for the appro val of the
	468	+	programs is made. The status of no school district shall be changed
	469	+	which will reduce it to a lower classification un til due notice has
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481		-	HB1840 HFLR Page 10
482		-	BOLD FACE denotes Committee Amendments. 1
	471	+	Req. No. 5149 Page 10 1
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507		-	affecting the operation of the public nurseries and kindergartens
508		-	operated from federal funds secured through Community Action
509		-	Programs even though they may be operating in the publ ic schools of
510		-	the state. However, any of the Head Start or public nurseries or
511		-	kindergartens operated under federal regulations may make
512		-	application for accrediting from the State Board of Education but
513		-	will be accredited only if application for the appro val of the
514		-	programs is made. Th e status of no school district shall be changed
515		-	which will reduce it to a lower classification until due notice has
516	496		been given to the proper authorities thereof and an opportunity
517	497		given to correct the conditions which otherw ise would be the cause
518	498		of such reduction.
519	499		Private and parochial schools may be accre dited and classified
520	500		in like manner as public schools or, if an accrediting association
521	501		is approved by the State Board of Education, by pro cedures
522	502		established by the State Board of Education to accept accreditation
523	503		by such accrediting association, if appli cation is made to the State
524	504		Board of Education for such accrediting;
525	505		8. Be the legal agent of the State of Oklahoma to accept, in
526	506		its discretion, the provisions of any Act of Congress appropriating
527	507		or apportioning funds which are now, or may hereafter be, provided
528	508		for use in connection with any phas e of the system of public
529	509		education in Oklahoma. It shall prescribe such rules as it finds
	510	+	necessary to provide for the proper distribution of such funds in
	511	+	accordance with the state and federal laws;
	512	+	9. Be and is specifically hereby designated as the ag ency of
	513	+	this state to cooperate and deal with any officer, board or
	514	+	authority of the United St ates Government under any law of the
	515	+	United States which may require or recommend cooperation with any
	516	+	state board having charge of the administration of public s chools
	517	+	unless otherwise provided by law;
	518	+	10. Be and is hereby designated as the "State Educational
	519	+	Agency" referred to in Public Law 396 of the 79th Congress of the
530	520
531		-	HB1840 HFLR Page 11
532		-	BOLD FACE denotes Committee Amendments. 1
	521	+	Req. No. 5149 Page 11 1
533	522		2
534	523		3
535	524		4
536	525		5
537	526		6
538	527		7
539	528		8
540	529		9
541	530		10
542	531		11
543	532		12
544	533		13
545	534		14
546	535		15
547	536		16
548	537		17
549	538		18
550	539		19
551	540		20
552	541		21
553	542		22
554	543		23
555	544		24
556	545
557		-	necessary to provide for the proper distribution of such funds in
558		-	accordance with the state and federal laws;
559		-	9. Be and is specifically hereby designated as the agency of
560		-	this state to cooperate and deal with any officer, board or
561		-	authority of the Unit ed States Government under any law of the
562		-	United States which may r equire or recommend cooperation with any
563		-	state board having charge of the administration of public schools
564		-	unless otherwise provided by law;
565		-	10. Be and is hereby designated as the "State Educational
566		-	Agency" referred to in Public Law 396 of the 79th Congr ess of the
567	546		United States, which law states that said ac t may be cited as the
568	547		"National School Lunch A ct", and said State Board of Education is
569	548		hereby authorized and directed to accept the terms a nd provisions of
570	549		said act and to enter into such agreements, not in conflict with the
571	550		Constitution of Oklahoma or th e Constitution and Statutes of the
572	551		United States, as may be necessary or appropriate to secure for the
573	552		State of Oklahoma the benefits of the school lunch program
574	553		established and referred to in said act;
575	554		11. Have authority to secure and administer the ben efits of the
576	555		National School Lunch Act, Public Law 396 of the 79th Congress of
577	556		the United States, in the State of Oklahoma and is hereby auth orized
578	557		to employ or appoint and f ix the compensation of such additional
579	558		officers or employees and to incur such exp enses as may be necessary
580	559		for the accomplishmen t of the above purpose, administer the
	560	+	distribution of any state funds appropriated by the Leg islature
	561	+	required as federal matc hing to reimburse on children's meals;
	562	+	12. Accept and provide for the administra tion of any land,
	563	+	money, buildings, gifts, donat ion or other things of value which may
	564	+	be offered or bequeathed to the schools under the super vision or
	565	+	control of said Board;
	566	+	13. 11. Have authority to require persons having administrative
	567	+	control of all school districts in Oklahoma to make such regular and
	568	+	special reports regarding the activities of the schools in said
	569	+	districts as the Board may de em needful for the proper exe rcise of
581	570
582		-	HB1840 HFLR Page 12
583		-	BOLD FACE denotes Committee Amendments. 1
	571	+	Req. No. 5149 Page 12 1
584	572		2
585	573		3
586	574		4
587	575		5
588	576		6
589	577		7
590	578		8
591	579		9
592	580		10
593	581		11
594	582		12
595	583		13
596	584		14
597	585		15
598	586		16
599	587		17
600	588		18
601	589		19
602	590		20
603	591		21
604	592		22
605	593		23
606	594		24
607	595
608		-	distribution of any state funds appropriated by th e Legislature
609		-	required as federal matc hing to reimburse on childr en's meals;
610		-	12. Accept and provide for the administra tion of any land,
611		-	money, buildings, gifts, donation or other things of value which may
612		-	be offered or bequeathed to the schools under the supervision or
613		-	control of said Board;
614		-	13. 11. Have authority to re quire persons having administrative
615		-	control of all school districts in Oklahoma to make such regular and
616		-	special reports regarding the activities of the schools in said
617		-	districts as the Boa rd may deem needful for the proper exe rcise of
618	596		its duties and functions. Such authority shall include the right of
619	597		the State Board of Education to withhold all state fund s under its
620	598		control, to withhold official recognition, including accrediting,
621	599		until such required reports have been filed a nd accepted in the
622	600		office of said Board and to revoke the certificates of persons
623	601		failing or refusing to make such reports;
624	602		14. Have general supervision of the school lunch program. The
625	603		State Board of Education may sponsor wo rkshops for personnel and
626	604		participants in the school lunch program and may develop, print and
627	605		distribute free of charge or sell any materials, books and bulletins
628	606		to be used in such school lunch programs. There is hereby created
629	607		in the State Treasury a re volving fund for the Board, t o be
630	608		designated the School Lunch Workshop Revolving Fund. The fund shall
631	609		consist of all fees derived from or on behalf of any partic ipant in
	610	+	any such workshop sponsored by the State Board of Education, or from
	611	+	the sale of any materials, books and bulletin s, and such funds shall
	612	+	be disbursed for expenses of such workshops and for develop ing,
	613	+	printing and distributing of such materials, books and bulletins
	614	+	relating to the school lunch program. The fund shall be
	615	+	administered in accordance with Section 155 of Title 62 of the
	616	+	Oklahoma Statutes;
	617	+	15. 12. Prescribe all forms for school district a nd county
	618	+	officers to report to the State Board of Education where required.
	619	+	The State Board of Education shall also prescribe a list of
632	620
633		-	HB1840 HFLR Page 13
634		-	BOLD FACE denotes Committee Amendments. 1
	621	+	Req. No. 5149 Page 13 1
635	622		2
636	623		3
637	624		4
638	625		5
639	626		6
640	627		7
641	628		8
642	629		9
643	630		10
644	631		11
645	632		12
646	633		13
647	634		14
648	635		15
649	636		16
650	637		17
651	638		18
652	639		19
653	640		20
654	641		21
655	642		22
656	643		23
657	644		24
658	645
659		-	any such workshop sponsored by the State Board of Education, or from
660		-	the sale of any materials, books and bulletin s, and such funds shall
661		-	be disbursed for expenses of such workshops and for develop ing,
662		-	printing and distributing of such materials, books and bulletins
663		-	relating to the school lunch program. The fund shall be
664		-	administered in accordance with Section 155 of Title 62 of the
665		-	Oklahoma Statutes;
666		-	15. 12. Prescribe all forms for school district a nd county
667		-	officers to report to the State Board of Education where required.
668		-	The State Board of Education shall also prescribe a li st of
669	646		appropriation accounts by which the funds of school districts shall
670	647		be budgeted, accounted for and expended; and it sh all be the duty of
671	648		the State Auditor and Inspector in prescribing all budgeting,
672	649		accounting and reporting forms for school funds to conform to su ch
673	650		lists;
674	651		16. 13. Provide for the establishment of a uniform system of
675	652		pupil and personnel accounting, records an d reports;
676	653		17. 14. Have authority to provide for the he alth and safety of
677	654		school children and school personnel while under the jurisdiction of
678	655		school authorities;
679	656		18. 15. Provide for the supervision of the transportation of
680	657		pupils;
	658	+	19. 16. Have authority, upon request of the local school board,
	659	+	to act in behalf of t he public schools of the state in the purchase
	660	+	of transportation equipment;
	661	+	20. 17. Have authority and is hereby required to perform all
	662	+	duties necessary to the adminis tration of the public school system
	663	+	in Oklahoma as specified in the Oklahoma School Code; a nd, in
	664	+	addition thereto, those duties not specifically mentioned herein if
	665	+	not delegated by law to any other agency or official;
	666	+	21. 18. Administer the State Public Com mon School Building
	667	+	Equalization Fund established by Section 32 of Article X of the
	668	+	Oklahoma Constitution. Any monies as may be appropriated or
	669	+	designated by the Legislature, other tha n ad valorem taxes, any
681	670
682		-	HB1840 HFLR Page 14
683		-	BOLD FACE denotes Committee Amendments. 1
	671	+	Req. No. 5149 Page 14 1
684	672		2
685	673		3
686	674		4
687	675		5
688	676		6
689	677		7
690	678		8
691	679		9
692	680		10
693	681		11
694	682		12
695	683		13
696	684		14
697	685		15
698	686		16
699	687		17
700	688		18
701	689		19
702	690		20
703	691		21
704	692		22
705	693		23
706	694		24
707	695
708		-	19. 16. Have authority, upon request of the local school board,
709		-	to act in behalf of the public schools of the state in the purchase
710		-	of transportation equipment;
711		-	20. 17. Have authority and is hereby required to perform a ll
712		-	duties necessary to the adminis tration of the public school system
713		-	in Oklahoma as specified in the Oklahoma School Code; and, in
714		-	addition thereto, those duties not specifically mentio ned herein if
715		-	not delegated by law to any other agency or official;
716		-	21. 18. Administer the State Public Com mon School Building
717		-	Equalization Fund established by Section 32 of Article X of the
718		-	Oklahoma Constitution. Any monies as may be appropriated or
719		-	designated by the Legislature, other tha n ad valorem taxes, any
720	696		other funds identified by the State Department of Education, which
721	697		may include, but not be limited to, grants-in-aid from the federal
722	698		government for building purposes, the proceeds of all property that
723	699		shall fall to the state by esc heat, penalties for unlawful holding
724	700		of real estate by corporations, an d capital gains on assets of the
725	701		permanent school funds, shall be deposited in the State Pu blic
726	702		Common School Building Equalization Fund. The fund shall be used to
727	703		aid school districts and charter schools in acquiring buildings,
728	704		subject to the limitations fixed by Section 32 of Article X of the
729	705		Oklahoma Constitution. It is hereby declared that the term
730	706		"acquiring buildings" as used in Section 32 of Article X of the
731	707		Oklahoma Constitutio n shall mean acquiring or improving school
	708	+	sites, constructing, repairi ng, remodeling or equipping buildings,
	709	+	or acquiring school furniture, fixtures, or equipmen t. It is hereby
	710	+	declared that the term "school districts" as used in Section 32 of
	711	+	Article X of the Oklahoma Constitution shall mean school districts
	712	+	and eligible charter schools as defined in subsection B of this
	713	+	section. The State Board of Education sh all disburse redbud school
	714	+	grants annually from the State Public Common School Building
	715	+	Equalization Fund to public schools and eligible charter schools
	716	+	pursuant to subsection B of this sec tion. The Board shall
	717	+	promulgate rules for the implementation of d isbursing redbud school
	718	+	grants pursuant to this section. The State Board of Education shall
	719	+	prescribe rules for making grants of aid from, and for otherwise
732	720
733		-	HB1840 HFLR Page 15
734		-	BOLD FACE denotes Committee Amendments. 1
	721	+	Req. No. 5149 Page 15 1
735	722		2
736	723		3
737	724		4
738	725		5
739	726		6
740	727		7
741	728		8
742	729		9
743	730		10
744	731		11
745	732		12
746	733		13
747	734		14
748	735		15
749	736		16
750	737		17
751	738		18
752	739		19
753	740		20
754	741		21
755	742		22
756	743		23
757	744		24
758	745
759		-	sites, constructing, repairi ng, remodeling or equipping buildings,
760		-	or acquiring school furniture, fixtures, or equipment. It is hereby
761		-	declared that the term "school districts" as used in Section 32 of
762		-	Article X of the Oklahoma Constit ution shall mean school districts
763		-	and eligible charter schools as defined in subsection B of this
764		-	section. The State Board of Education shall disburse redbud school
765		-	grants annually from the State Public Common School Building
766		-	Equalization Fund to public schools and eli gible charter schools
767		-	pursuant to subsection B of this sec tion. The Board shall
768		-	promulgate rules for the implementation of disbursing redbud school
769		-	grants pursuant to this section. The State Board of Education shall
770		-	prescribe rules for making grants of a id from, and for otherwise
771	746		administering, the fund pursuan t to the provisions of this
772	747		paragraph, and may employ and fix the d uties and compensation of
773	748		technicians, aides, clerks, stenographers, attorneys and other
774	749		personnel deemed necessary to carry out the provisions of this
775	750		paragraph. The cost of administering the fund shall be paid from
776	751		monies appropriated to the State Board of Education for the
777	752		operation of the State Department of Education. From monies
778	753		apportioned to the fund, the State Department of Education may
779	754		reserve not more than one -half of one percent (1/2 of 1%) for
780	755		purposes of administering the fund;
781	756		22. 19. Recognize that the Director of the Oklahoma Departme nt
782	757		of Corrections shall be the administrative authority for the schools
	758	+	which are maintained in the state reformatories and shall appoint
	759	+	the principals and teachers in such schools. Provided, that rules
	760	+	of the State Board of Education for the classificat ion, inspection
	761	+	and accreditation of public sc hools shall be applicable to such
	762	+	schools; and such schools shall comply with standards set by th e
	763	+	State Board of Education; and
	764	+	23. 20. Have authority to administer a revolving fund which is
	765	+	hereby created in the State Treasury, to be designated the
	766	+	Statistical Services Revolving Fund. The fund s hall consist of all
	767	+	monies received from the various sch ool districts of the state, the
	768	+	United States Government, and other s ources for the purpose of
	769	+	furnishing or financing statistical services and for any othe r
783	770
784		-	HB1840 HFLR Page 16
785		-	BOLD FACE denotes Committee Amendments. 1
	771	+	Req. No. 5149 Page 16 1
786	772		2
787	773		3
788	774		4
789	775		5
790	776		6
791	777		7
792	778		8
793	779		9
794	780		10
795	781		11
796	782		12
797	783		13
798	784		14
799	785		15
800	786		16
801	787		17
802	788		18
803	789		19
804	790		20
805	791		21
806	792		22
807	793		23
808	794		24
809	795
810		-	which are maintained in the state reformatories and shall appoint
811		-	the principals and teachers in such schools. Provided, that rules
812		-	of the State Board of Education for the classificat ion, inspection
813		-	and accreditation of public sc hools shall be applicable to such
814		-	schools; and such schools shall comply with standards set by th e
815		-	State Board of Education; and
816		-	23. 20. Have authority to administer a revolving fund which is
817		-	hereby created in the State Treasury, to be designated the
818		-	Statistical Services Revolving Fund. The fund s hall consist of all
819		-	monies received from the various sch ool districts of the state, the
820		-	United States Government, and other s ources for the purpose of
821		-	furnishing or financing statistical services and for any othe r
822	796		purpose as designated by the Legislature. The State Board of
823	797		Education is hereby authorized to en ter into agreements with school
824	798		districts, municipalities, the United States Government, foundations
825	799		and other agencies or individuals for services, program s or research
826	800		projects. The Statistical Ser vices Revolving Fund shall be
827	801		administered in accordance with Section 155 of Title 62 of the
828	802		Oklahoma Statutes.
829	803		B. 1. The redbud school grants shall be determined by th e
830	804		State Department of Education as follows :
831	805		a. divide the county four-mill levy revenue by four to
832	806		determine the nonchargeable county four -mill revenue
833	807		for each school district,
	808	+	b. determine the amount of new re venue generated by the
	809	+	five-mill building fund levy as authorized by Section
	810	+	10 of Article X of the Oklahoma Constitution for each
	811	+	school district as reported in the Oklahoma Cost
	812	+	Accounting System for the preceding fiscal year,
	813	+	c. add the amounts calculat ed in subparagraphs a and b of
	814	+	this paragraph to determine the nonchargeable millage
	815	+	for each school district,
	816	+	d. add the nonchargeable millage in each district
	817	+	statewide as calculat ed in subparagraph c of this
	818	+	paragraph and divide the total by the average daily
	819	+	membership in public schools statewide based on the
834	820
835		-	HB1840 HFLR Page 17
836		-	BOLD FACE denotes Committee Amendments. 1
	821	+	Req. No. 5149 Page 17 1
837	822		2
838	823		3
839	824		4
840	825		5
841	826		6
842	827		7
843	828		8
844	829		9
845	830		10
846	831		11
847	832		12
848	833		13
849	834		14
850	835		15
851	836		16
852	837		17
853	838		18
854	839		19
855	840		20
856	841		21
857	842		22
858	843		23
859	844		24
860	845
861		-	b. determine the amount of new re venue generated by the
862		-	five-mill building fund levy as authorized by Section
863		-	10 of Article X of the Oklahoma Constitution for each
864		-	school district as reported in the Oklahoma Cost
865		-	Accounting System for the preceding fiscal year,
866		-	c. add the amounts calculat ed in subparagraphs a and b of
867		-	this paragraph to determine the nonchargeable millage
868		-	for each school district,
869		-	d. add the nonchargeable millage in each district
870		-	statewide as calculat ed in subparagraph c of this
871		-	paragraph and divide the total by the average daily
872		-	membership in public schools statewide based on the
873	846		preceding school year's average daily membership,
874	847		according to the provi sions of Section 18-107 of this
875	848		title. This amount is the statewide nonchargeable
876	849		millage per student, known as the baseline local
877	850		funding per student,
878	851		e. all eligible charter schools shall be included in
879	852		these calculations as unique school districts,
880	853		separate from the school district that may sponsor th e
881	854		eligible charter school, and the total number of
882	855		districts shall be used to determine the statewide
883	856		average baseline local funding per student,
	857	+	f. for each school district or eligible charter school
	858	+	which is below the baseline local funding per student,
	859	+	the Department shall subtract the baseline local
	860	+	funding per student from the average nonchargeable
	861	+	millage per student of the school district or eligible
	862	+	charter school to determine the nonchargeable milla ge
	863	+	per student shortfall for each district, and
	864	+	g. the nonchargeable millage per student shortfall for a
	865	+	school district or eligible charter school shall be
	866	+	multiplied by the average daily membership of the
	867	+	preceding school year of the eligible school dist rict
	868	+	or eligible charter school. This amount sh all be the
884	869
885		-	HB1840 HFLR Page 18
886		-	BOLD FACE denotes Committee Amendments. 1
	870	+	Req. No. 5149 Page 18 1
887	871		2
888	872		3
889	873		4
890	874		5
891	875		6
892	876		7
893	877		8
894	878		9
895	879		10
896	880		11
897	881		12
898	882		13
899	883		14
900	884		15
901	885		16
902	886		17
903	887		18
904	888		19
905	889		20
906	890		21
907	891		22
908	892		23
909	893		24
910	894
911		-	f. for each school district or eligible charter school
912		-	which is below the baseline local funding per student,
913		-	the Department shall subtract the baseline local
914		-	funding per student from the average nonchargeable
915		-	millage per student of the school district or eligible
916		-	charter school to determine the nonchargeable milla ge
917		-	per student shortfall for each district, and
918		-	g. the nonchargeable millage per student shortfall for a
919		-	school district or eligible charter school shall be
920		-	multiplied by the average daily membership of the
921		-	preceding school year of the eligible school dist rict
922		-	or eligible charter school. This amount sh all be the
923	895		redbud school grant amount for the school district or
924	896		eligible charter school.
925	897		2. For fiscal year 2022, m onies for the redbud school grants
926	898		shall be expended from the funds apportioned pursuant to Section 2
927	899		426 of this act Title 63 of the Oklahoma Statutes . For fiscal year
928	900		2023 and each subsequent fiscal year, monies for the redbud school
929	901		grants shall be appropri ated pursuant to Section 2 426 of this act
930	902		Title 63 of the Oklahoma Statutes, not to exceed three-fourths (3/4)
931	903		of the tax collected in the preceding fiscal year pursuant to
932	904		Section 426 of Title 63 of the Okla homa Statutes as determined by
933	905		the Oklahoma Tax Commission. For fiscal year 2023 and eac h
934	906		subsequent fiscal year, if such appropriated funds are insufficient
	907	+	to fund the redbud school grants, then an add itional apportionment
	908	+	of funds shall be made from sales tax collections as provided by
	909	+	subsection D of Section 3 1353 of this act Title 68 of the Oklahoma
	910	+	Statutes. If both funds are insufficient, the Department shall
	911	+	promulgate rules to permit a decrease to the bas eline local funding
	912	+	per student to the highest amount allowed with the funding
	913	+	available.
	914	+	3. As used in this section, "eligible charter school" shall
	915	+	mean a charter school which is sponsored pursuant to the provisions
	916	+	of the Oklahoma Charter School Act. Provided, however, "eligible
	917	+	charter school" shall not include a charter school sponsored by the
	918	+	Statewide Virtual Charter School Board but shall only include those
935	919
936		-	HB1840 HFLR Page 19
937		-	BOLD FACE denotes Committee Amendments. 1
	920	+	Req. No. 5149 Page 19 1
938	921		2
939	922		3
940	923		4
941	924		5
942	925		6
943	926		7
944	927		8
945	928		9
946	929		10
947	930		11
948	931		12
949	932		13
950	933		14
951	934		15
952	935		16
953	936		17
954	937		18
955	938		19
956	939		20
957	940		21
958	941		22
959	942		23
960	943		24
961	944
962		-	to fund the redbud school grants, then an a dditional apportionment
963		-	of funds shall be made from sales tax collections as provided by
964		-	subsection D of Section 3 1353 of this act Title 68 of the Oklahoma
965		-	Statutes. If both funds are insufficient, the Department shall
966		-	promulgate rules to permit a decrea se to the baseline local funding
967		-	per student to the highest amount allowed with the funding
968		-	available.
969		-	3. As used in this section, "eligible charter school" shall
970		-	mean a charter school which is sponsored pursuant to the provisions
971		-	of the Oklahoma Charter School Act. Provided, however, "eligible
972		-	charter school" shall not include a charter school sponsored by the
973		-	Statewide Virtual Charter School Board but shall only include those
974	945		which provide in-person or blended instruction , as provided by
975	946		Section 1-111 of this title, to not less than two -thirds (2/3) of
976	947		students as the primary means of instructional service delivery.
977	948		4. The Department shall d evelop a program to acknowledge the
978	949		redbud school grant recipients and shall include elected members of
979	950		the Oklahoma House of R epresentatives and Oklahom a State Senate who
980	951		represent the school districts and eligible charter schools.
981	952		5. The Department shall create a dedicated page on its website
982	953		listing annual redbud sc hool grant recipients, amount awarded to
983	954		each recipient and other pertinent information about the Redbud
984	955		School Funding Act.
985		-
986		-	HB1840 HFLR Page 20
987		-	BOLD FACE denotes Committee Amendments. 1
988		-	2
989		-	3
990		-	4
991		-	5
992		-	6
993		-	7
994		-	8
995		-	9
996		-	10
997		-	11
998		-	12
999		-	13
1000		-	14
1001		-	15
1002		-	16
1003		-	17
1004		-	18
1005		-	19
1006		-	20
1007		-	21
1008		-	22
1009		-	23
1010		-	24
1011		-
1012	956		6. The Department shall provide the Chair of the House
1013	957		Appropriations and Budget Committee and the Chair of the Senate
1014	958		Appropriations Committee no later than February 1 of each year with
1015	959		an estimate of the upcoming yea r's redbud school grant allocation as
1016	960		prescribed by this section.
1017	961		SECTION 4. REPEALER 70 O.S. 2021, Section 3-119, is
1018	962		hereby repealed.
1019		-	SECTION 5. This act shall become ~~effectiv e July~~ 1, ~~2025~~.
	963	+	SECTION 5. This act shall become effective November 1, 202 3.
1020	964
1021		-	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/01/2023
1022		-	- DO PASS, As Amended and Coauthored.
	965	+	59-1-5149 CMA 11/28/22