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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2562 By: McBride, Baker, Moore, West
(Tammy), Fugate, and
Provenzano of the House
and
Murdock of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 3-101, as amended by Section 1, Chapter 182,
O.S.L. 2023 (70 O.S. Supp. 2023, Section 3 -101),
which relates to the State Board of Education;
modifying membership of the Board; requiring Senate
confirmation for certain appointments; providing for
members to serve at the pleasure of the appointing
authority; directing vacancies to be filled by the
appointing authority; providing for initial
appointments within specified time; establishing
termination date for initial appointments ; and
providing an effective date .
AUTHOR: Add the following House Coauthor: Steagall
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to the State Board of Education;
amending 70 O.S. 2021, Section 3 -101, as amended by
Section 1, Chapter 182, O.S .L. 2023 (70 O.S. Supp.
2023, Section 3-101), which relates to membership of
the State Board of Education; modifying membership of
the Board; requiring certain members to be rural
residents; defining term; and providing an effective
date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -101, as
amended by Section 1, Chapter 182, O.S.L. 2023 (70 O.S. Supp. 2023,
Section 3-101), is amended to read as follows:
Section 3-101. A. The State Board of Education shall consist
of seven (7) members. The State Superintendent of Public
Instruction shall be a member and the chairperson of the Board. The
remaining six members shall be appointed by the Governor by and with
the advice and conse nt of the Senate. Except as otherwise provided
for in subsection B of this section, upon assuming office each
Governor shall appoint one member from each congressional district
and one member from the state at large. At least two members shall
be rural residents of this state. For the purposes of this section,
“rural resident” means a legal resident of a county having a
population of less than forty thousand (40,000) according to the
latest Federal Decennial Census. Each appointment shall be made to
take effect on April 2. The term of each appointed member shall be
four (4) years. Appointed members shall serve until a successor is
appointed. Appointed members shall serve at the pleasure of the
Governor. Upon the occurrence of a vacancy the same shall be filled
by the Governor, 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.
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B. On the effective date of this act August 26, 2011, 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 shall make initial appointments
pursuant to the provisions of this subsection within thirty (30)
days of the effective date of this act August 26, 2011, with one
member appointed from each congressional district and one member
appointed from the state at large. The appointments shall be
subject to confirmation by the Senate at the next session of the
Legislature. The terms for members appointed pursuant to this
subsection shall terminate on April 2, 2015. Thereafter, 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
Board unless the person has been awarded a high school diploma or
certificate of high school equivalency. No person shall be
appointed to serve on the Board if the person serves on a board of
education of a school district which is supervised by the Board
pursuant to Section 3 -104 of this title. Any member appointed to
the Board shall complete the workshop requirements of a new school
board member pursuant to Section 5 -110 of this title within thirteen
(13) months following or preceding the appointment of the member.
Notwithstanding any provision 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
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for board members pursuant to Section 5 -110 of this title and shall
not pay a fee to any organization or institution of higher education
on behalf of a member of the State Board of Education, or reimburse
any member of the Board for a fee paid to any organization 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 Reimburseme nt Act.
SECTION 2. This act shall become effective November 1, 2024. ”
Passed the Senate the 25th day of April, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2562 By: McBride, Baker, Moore, West
(Tammy), Fugate, and
Provenzano of the House
and
Murdock of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 3-101, as amended by Section 1, Chapter 182,
O.S.L. 2023 (70 O.S. Supp. 2023, Section 3-101),
which relates to the State Board of Education;
modifying membership of the Board; requiring Senate
confirmation for certain appointments; providing for
members to serve at the pleasure of the appointing
authority; directing vacancies to be filled by the
appointing authority ; providing for initial
appointments within specified time; establishing
termination date for initial appointments; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 70 O.S. 2021, Section 3-101, as
amended by Section 1, Chapter 182, O.S.L. 2023 (70 O.S. Supp. 2023,
Section 3-101), is amended to read as follows :
Section 3-101. A. The State Board of Education shall consist
of seven (7) eleven (11) members. The State Superintendent of
Public Instruction shall be a m ember and the chairperson of the
Board. The remaining six ten members shall be appointed as follows:
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1. Six members appointed by the Governor by and with the advice
and consent of the Senate . Except as otherwise provided for in
subsection B of this section, upon assu ming office each Governor
shall appoint one member from each congressional district and one
member from the state at large;
2. Two members appointed by the Speaker of the Oklahoma House
of Representatives, one which shall be a rural resident of the state
and one which shall be a former school superi ntendent from a
district with an enrollment of less than ten thousand (10,000)
students; and
3. Two members appointed by the President Pro Tempore of the
Oklahoma State Senate, one which shall be a rural resid ent of the
state and one which shall be a former school superintendent from a
district with an enrollment of more than ten thousand (10,000)
students.
Each appointment shall be made to take effect on April 2 . The term
of each appointed member shall be four (4) years . Appointed members
shall serve until a su ccessor is appointed. Appointed members shall
serve at the pleasure of the Governor appointing authority. Upon
the occurrence of a vacancy the same shall be filled by the Governor
appointing authority, subject to confirmation by the Senate at the
next session of the L egislature if the vacancy is a member appointed
by the Governor. The appointment to fill a vacancy shall be made
for the unexpired term.
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B. On the effective date of this act, all appoin ted 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 authority 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 la rge. The appointments Members appointed by the
Governor shall be subject to confirmation by the Senate at the next
session of the Legislatu re. The terms for members appointed
pursuant to this subsection shall terminate on April 2, 2015 2024.
Thereafter, members sh all be appointed as provided for in subsection
A of this section.
C. No person shall be eligible to be appointed to serve on th e
Board unless the person has been awarded a high school diploma or
certificate of high school equivalency . No person shall be
appointed to serve on the Board if the person serves on a board of
education of a school district which is supervised by the Board
pursuant to Section 3-104 of this title. Any member appointed to
the Board shall complete the workshop requirements of a ne w school
board member pursuant to Section 5-110 of this title within thirteen
(13) months following or preceding the appoin tment of the member.
Notwithstanding any p rovision of law to the contrary, the State
Department of Education shall not charge any me mber of the State
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Board of Education a fee for any workshop provided by the Department
for board members pursuant to Sectio n 5-110 of this title and shall
not pay a fee to any organization or institution of higher education
on behalf of a member of the State Board of Education, or reimburse
any member of the Board for a fee paid to any organization or
institution of higher edu cation, 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 Rei mbursement Act.
SECTION 4. This act shall become effe ctive November 1, 2024.
Passed the House of Representatives the 28th day of February,
2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate