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STATE OF OKLAHOMA
1st Session of the 59th Legislature ( 2023)
HOUSE BILL 1903 By: Fugate
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 3-101, which relates to the State Board of
Education; modifying members hip of the Board;
requiring five-year terms for certain Board members;
providing an exception ; mandating Senate confirmation
for certain appointments ; deleting provision that
members serve at the p leasure of the Governor ;
prohibiting removal of members except for cause;
directing vacancies to be filled by the appointing
authority; providing for initial appointments within
specified time; specifying term limits for initial
appointments; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -101, is
amended to read as follows:
Section 3-101. A. The State Board of Education shall consist
of seven (7) fifteen (15) members. The State Superinten dent of
Public Instruction shall be a member and the chairperson of the
Board. The remaining six fourteen (14) members shall be appointed
by the Governor by and with the advice and consent of the Senate.
Except as otherwise provided for in subsection B o f this section,
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upon assuming office each Governor shall appoint one member from
each congressional district and one member from the state at large.
as follows:
1. Six (6) members appointed by the G overnor. No more than
three (3) of the members appointed by the Governor shall be
registered members of the same political party. At least one member
appointed by the Governor shall represent private schools, at least
one member shall represent home schools , and at least one member
shall represent charter schools;
2. Three (3) members who all have school-aged children in the
home, one appointed by the Speaker of the Oklahoma House of
Representatives, one appointed by the President Pro Tempore of the
Oklahoma State Senate, and one appointed by the other members of the
Board;
3. Five (5) members who are certi fied teachers, two selected by
the largest teacher assoc iation in the state, one which shall
represent urban school districts with an enrollment of ten thousand
(10,000) or more students, and one which shall represent rural
school districts located outside of the O klahoma City and Tulsa
Metropolitan Statistical Areas, one selected by the second-largest
teacher association in the state, one selecte d by the largest
retired teacher association in the state, and one appointed by the
Oklahoma State Regents for Higher Education to represent the
colleges of education at higher education inst itutions in the state.
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Each appointment shall be made to take eff ect on April 2. The term
of each appointed member shall be four (4) five (5) years, except
for members appointed by the Speaker and President Pro Tempore, who
shall serve for two-year terms. All appointments other than the
members appointed by the Speaker and President Pro Tempor e shall be
subject to confirmation by t he Senate at the next session of th e
Legislature. Appointed members shall serve until a successor is
appointed. Appointed members shall serve at the pleasure of the
Governor only be removed by their appointing auth ority for cause.
Upon the occurrence of a vac ancy the same shall be filled by the
Governor appointing authority , subject to confirmation by the Senate
at the next session of the Legislature. The appointment to fill a
vacancy shall be made for the unexpired term.
B. On the effective date of this act November 1, 2023, all
appointed positions of the current State Board of Education shall be
deemed vacant and the terms of persons serving on the Board shall be
deemed terminated. The Governor appointing authorities shall make
initial appointments pursuant to the provisions of this subsection
within thirty (30) days of the effective date of this act, with one
member appointed from each congressional district and one member
appointed from the state at large . The All initial appointments
other than the members appointed by the Speaker and President Pro
Tempore shall be subject to confirmation by t he Senate at the next
session of the Legislature. The initial terms for members appoin ted
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pursuant to this subsection shall terminate on April 2 , 2015 be as
follows:
1. Two (2) members appointed by the Governor shall serve an
initial term of one (1) year ;
2. One (1) member appointed by the Governor shall serve an
initial term of two (2) years;
3. One (1) member appointed by the Governor shall s erve an
initial term of three (3) years;
4. One (1) member appointed by the Governor shall serve an
initial term of four (4) years;
5. One (1) member appointed by the Governor shall serve an
initial term of five (5) years;
6. One (1) member appointed by other members of the Board shall
serve an initial term of five (5) years;
7. One (1) member appointed by the largest teacher association
in the state shall serve an initial term of one (1) year;
8. One (1) member appointed by the largest teacher association
in the state shall serve an initial term of five (5) years;
9. One (1) member appointed by the second-largest teacher
association in the state shall serve an initial term of two (2)
years;
10. One (1) member appointed by the largest retired teacher
association in the state shall serve an initial term of three (3)
years; and
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11. One (1) member appointed by the Oklahoma State Regents for
Higher Education shall serve an initial term of four (4) years.
Thereafter Following completion of their initial te rm, members
shall be appointed as provided for in subsection A of this section.
C. No person shall be eligible to be appointed to serve on the
State Board unless the person has been awarded a high school diploma
or certificate of high school equivalency. Any member appointed to
the State Board shall complete the workshop requirements of a new
school board member pursuant to Section 5-110 of this title within
thirteen (13) months fo llowing or preceding the appointment of the
member. Notwithstanding any pr ovision of law to the contrary, the
State Department of Education shall not charge any member of the
State Board of Education a fee for any workshop provided by the
Department for board members pursuant to Section 5 -110 of this title
and shall not pay a fe e to any organization or institution of higher
education on behalf of a member of the State Board of E ducation, or
reimburse any member of the Board for a fee paid to any organizati on
or institution of higher education, for attendance at a workshop or
courses to satisfy the requirements of Section 5-110 of this title.
D. Members of the Board shall receive necessary traveling
expenses while in the performance of their duties in accordance with
the State Travel Reimbursement Act.
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SECTION 2. This act shall become effective November 1, 2023.
59-1-6768 EK 01/17/23