Oklahoma 2024 Regular Session

Oklahoma House Bill HB3813 Latest Draft

Bill / Introduced Version Filed 01/18/2024

                             
 
 
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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".   
 
 
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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   
 
 
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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.   
 
 
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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.   
 
 
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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   
 
 
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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   
 
 
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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   
 
 
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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   
 
 
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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   
 
 
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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:   
 
 
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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);   
 
 
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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