Req. No. 9143 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) HOUSE BILL 3813 By: Dollens AS INTRODUCED An Act relating to The State Superintendent of Public Instruction; creating the Do Your Job Act; amending 70 O.S. 2021, Section 3 -104.3, which relates to requirements for compliance with quality standards and loss or denial of accreditation; directing the Office of Educational Quality and Accountability to take certain required actions; amending 70 O.S. 2021, Section 3-104.4, which relates to standard for accreditation; modifying ac crediting entity; amending 70 O.S. 2021, Section 3 -106, which relates to the salary of Superintendent; subjecting salary to review by the Commission for Educational Quality and Accountability; permitting vote and decision on Superintendent's salary; providing considerations; directing that withheld monies be appropriated to the Department of Education; amending 74 O.S. 2021, Section 250.4, which relates to the salaries of state officers; directing that the Superintendent's salary be subject to review; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: This act shall be known and may be cited as the "Do Your Job Act". Req. No. 9143 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. AMENDATORY 70 O.S. 2021, Section 3 -104.3, is amended to read as follows: Section 3-104.3 A. The Legislature, recognizing its obligation to the children of this state to ensure their opportunity to receive an excellent education, and recognizin g its obligation to the taxpayers of this state to ensure that schooling is accomplis hed in an efficient manner, hereby establishes requirements for compl iance with quality standards which the public schools and school districts, within the limits of resou rces now or subsequently available, must meet. B. State accreditation shall be withd rawn from or denied to schools or school districts that do not meet t he requirements of Sections 2, 3, 6, 28, 29, 30, 44, 45, 46, 47, 48, and 49 of this act, and the State Board of Education Office of Educational Quality and Accountability shall take action as required by this act to ensure that students affected are enroll ed in schools that are able to maintain state accreditation. Nothing herein shall be construed as prohibiting the withdrawing or denial of accreditati on for failure to meet requirements as elsewhere provided by law. SECTION 3. AMENDATORY 70 O.S. 2021, Section 3 -104.4, is amended to read as follows: Section 3-104.4 A. The State Board of Education Office of Educational Quality and Accoun tability shall adopt standards for the accreditation of the public schools in this state accord ing to the Req. No. 9143 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 requirements of Section 3 -104.3 et seq. of this title, to be effective as set forth in Section 3-104.3 et seq. of this title. The accreditation standards shall incorporate the curricular standards established pursuant to Section 11 -103.6 of this title. The accreditation standards shall equal or exceed nationally recognized accreditation standards to the extent that the standards are consistent with an academic results oriented approach to accreditation. The accreditation adopted by the State Board Office of Educational Quality and Accoun tability shall encompass accreditation for elementary schools, middle schools, junior high schools, and high schools. The accreditation standards shall be made available for public inspection at the offices of the State Department of Education. B. Standards for accreditation adopted by the State Board of Education Office of Educational Quality and Accoun tability shall include standards relating to the provision of school counselors to the public school children of this state. The State Board of Education Office of Educational Quality and Accoun tability shall require each local school district to provide information regarding the number of counselors serving each school site, the dutie s of all such counselors including all administrative duties, the number of students served by each counselor, and information regarding the number of counselors employed per elementary school, middle school, junior high school and high school. Req. No. 9143 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. Except as otherwise provided, schools shall meet the accreditation standards as a condition of continued accreditation. Nothing herein shall be construed as preventing changes to the adopted standards by the State Board of Education Office of Educational Quality and Accoun tability pursuant to the Administrative Procedures Act. The accreditation standards shall provide for warnings, probation or nonaccredited status for schools that fail to meet the standards. The Department shall investigate a complaint of failure to provide educational services or failure to comply with accreditation standards within thirty (30) days of receiving the complaint. If the Department determines that a school has failed to comply with the ac creditation standards, the Department shall report the recommended wa rning, probation or nonaccredited accreditation status to the State Board of Education Office of Educational Quality and Accoun tability within ninety (90) days. If a school does not take action to comply with the accreditation standards within ninety (90) days after a report is filed by the Department, the Board Office of Educational Quality and Accountability shall withdraw accreditation for the school. The State Board Office of Educational Quality and Accountability accreditation regulations shall provide for warnings and for assistance to schools and school districts whenever there is reason to believe a school is in danger of losing its state accreditation. Req. No. 9143 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. If one or more school sites fail to receive accreditation as required pursuant to this section or subsequently lose accreditation, the State Board of Education Office of Educational Quality and Accountability shall close the school and reassign the students to accredited schools within the district or shall a nnex the district to one or more other districts in which the students can be educated in accredited schools. E. Standards for accreditation adopted by the State Board of Education Office of Educational Quality and Accoun tability shall include standards relating to the provision of educationa l services provided in partial hospitalization programs, day treatment programs, day hospital programs, residential treatment programs and emergency shelter programs for persons between t he ages of three (3) and twenty-one (21) years of age. The accredita tion standards shall apply to on-site and off-site educational services provided by public school districts or state-accredited private sc hools. Each school which is providing or is requ ired to provide educational services for students placed in a program as described in this subsection shall be actively monitored by the State Department of Education. The Department shall determine on an o ngoing basis if the educational program and servi ces are in compliance with the accreditation standards. F. The State Board Office of Educational Quality and Accountability shall provide assistance to districts in considering Req. No. 9143 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the possibility of meeting accreditation requirements through the use of nontraditional means of instruction. The State Board Office of Educational Quality and Accoun tability shall also assist districts in forming cooperatives and making arrangements for the use of satellite instruction or other instructional technologies to the extent that use of such instructional means meets a ccreditation standards. G. 1. Accreditation shall not be withdrawn from or denied nor shall a penalty be assessed against a sch ool or school district for failing to meet the media materials and equipment standards, media program expenditure standards and media personnel standards as set forth in the accreditation standards adopted by the Board Office of Educational Quality and Accoun tability. 2. The provisions of paragraph 1 of this subsection shall cease to be effective during the fiscal year which begins on the July 1 immediately succeeding the legis lative session during which the measure appropriating monies to the State Board of Education for the financial support of public schools is enacted as law and such appropriation amount is at least Fifty Million Dollars ($50,000,000.00) greater than the amo unt of money appropriated to the State Board of Education for the financial support of public schools for the fiscal year ending June 30, 2019, pursuant to Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars ($50,000,000.00) shall not include an y amount of appropriations Req. No. 9143 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 dedicated for support or certified employee salary increases. Accreditation shall not be withdrawn fr om or denied nor shall a penalty be assessed against a school or school district for failing to meet the media personnel standa rds as set forth in accreditation standards adopted by the Board Office of Educational Quality and Accountability. H. 1. The State Board shall not assess a financial penalty against any school district which is given a deficiency in accreditation status during any fiscal year as provided for in this subsection. 2. Beginning with the fiscal year which begins July 1, 2021, if the amount of money appropriated t o the State Board of Education for the financial support of public schools including funds apportioned pursuant to Section 2 of this act, is at least One Hundred Million Dollars ($100,000,000.00) greater than the amount of money appropriated to the Stat e Board of Education for the finan cial support of public schools for the fiscal year ending June 30, 2019, pursuant to Chapter 146, O.S.L. 2018, a financial penalty shall be assessed against any school districts that do not comply with the class size limitations for kindergarten as provide d for in Section 18-113.2 of this title and class size limitations for grade one as provided for in subse ction A of Section 18-113.1 of this title. Provided, the One Hundred Million Dollars ($100,000,000.00) shall Req. No. 9143 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 not include any amount of appropriations dedicated for support or certified employee salary increases. 3. The State Department of Education shall submit a report on statewide classroom sizes to the President Pro Tempore of the Oklahoma State Senate and the Speak er of the Oklahoma House of Representatives no later than January 1, 2022. I. Except as provided for in subsection J of this section, beginning with the 2019-2020 school year, evaluations of schools to determine whether they meet the accreditation standar ds set forth in accordance with this section shall occur once every four (4) years on a schedule adopted by the State Board of Education Office of Educational Quality and Accoun tability. The Board Office of Educational Quality and Accoun tability may interrupt the evaluation schedule provided in this subsection for reasons inc luding a change in the superintendent of the school district ; determination that one or more school district b oard members have not met the continuing education requirements as defined by this title; determination that the school district falsified informa tion submitted to any publ ic city, county, state or federal official or agency; initiation of an investigation by the Board Office of Educational Quality and Accountability or a law enforcement agency; or other determination by the Board Office of Educational Quality and Accoun tability that standards for accreditation are not being met by the school district. The schedule adop ted by the Board Office of Educational Req. No. 9143 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Quality and Accountability shall allow for school districts receiving no deficiencies for two (2) consecutive years to be reviewed for accreditation less than annually. Provided, however, that schools shall be evaluated annually for the purposes of: 1. Local, state and federal funding; 2. Health and safety; 3. Certification requirements for teachers, principals and superintendents; 4. School board governance, including instructional and continuing education requirements for school board members; and 5. Any other requirements under state or federal law. J. Beginning with the 2019-2020 school year, if a public school receives a deficiency on its ac creditation report, the public school shall be evaluated annually to determine if it meets the accreditation standard s set forth in accordance with this section. If the public school receives no deficiencies for two (2) consecutive years, the public schoo l shall be subject to the evaluation timeline established in subsection I of this section. SECTION 4. AMENDATORY 70 O.S. 2021, Section 3 -106, is amended to read as follows: Section 3-106. A. The State Superintendent of Public Instruction shall have an office at the seat of government where all books and papers pertaining to the office of the Superintendent shall be kept. The books and papers shall be kept and preserved in Req. No. 9143 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the office and delivered by the Superintendent of Public Instruction to a successor. The Superintendent shall file and carefully preserve in the office all official reports made to the Superintendent. The salary of the State Superintendent of Public Instruction shall be as provided for in Section 250.4 of Title 74 of the Oklahoma Statutes , subject to a review by the Commission for Educational Quality and Accountability provided in subsecti on B of this section. B. The Commission for Educational Quality and Accountability shall annually meet before the sta rt of each state fiscal year to review the performance of the State Super intendent of Public Instruction. The Commission shall have the power to vote on and decide to cut the Superintendent 's salary up to fifty percent (50%) for poor performance. The Commission shall consider, but is not limited to: 1. Grant applications; 2. Teacher retention; and 3. Statewide student test scores. Any monies withheld from the Superintendent 's salary shall be reappropriated to the Oklahoma State Department of Education 's budget. SECTION 5. AMENDATORY 74 O.S. 2021, Section 250.4, is amended to read as follows: Req. No. 9143 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 250.4 Pursuant to provisions of the Constitution of the State of Oklahoma from a nd after the beginning date of a term of office which commences in, or after, January 2016, the following officers of the State of Oklahoma sh all be annually compensated for their services, payable monthly, as follows: 1. The Governor shall receive a sala ry of One Hundred Forty - seven Thousand Dollars ($147,000.00); 2. The Lieutenant Governor shall receive a salary of One Hundred Fourteen Thous and Seven Hundred Thirteen Dollars ($114,713.00); 3. The Attorney General shall receive a salary of One Hundred Thirty-two Thousand Eight Hundred Twenty -five Dollars ($132,825.00); 4. The State Superintendent of Public Instruction shall receive a salary of One Hundred Twenty -four Thousand Three Hun dred Seventy- three Dollars ($124,373.00 ), subject to review as provided in Section 3-106 of Title 70 of the Oklahoma S tatutes; 5. Each member of the Corporation Co mmission shall receive a salary of One Hundred Fourteen Thousand Seven Hundred Thirteen Dollars ($114,713.00); 6. The State Treasurer shall receive a salary of One Hundred Fourteen Thousand Seven Hundred Thirteen Dollars ($114,713.00); 7. The State Auditor and Inspector shall receive a salary of One Hundred Fourteen Thousand Seven Hundred Thirt een Dollars ($114,713.00); Req. No. 9143 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. The State Insurance Commissioner shall receive a salary of One Hundred Fourteen Thousand Seven Hundred Thirteen Dollars ($114,713.00); and 9. The Commissioner of Labor shall receive a salary of One Hundred Five Thousand Fift y-three Dollars ($105,053.00). SECTION 6. This act shall become effective November 1, 2024. 59-2-9143 MJ 01/10/24