Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB3974 Comm Sub / Bill

Filed 02/29/2024

                     
 
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STATE OF OKLAHOMA 
 
2nd Session of the 59th Legislature (2024) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 3974 	By: Echols 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to education scholarships; amending 
68 O.S. 2021, Section 2357.206, as amended by Section 
1, Chapter 49, O.S.L. 2022 (68 O.S. Supp. 2023, 
Section 2357.206), which relates to the Oklahoma 
Equal Opportunity Education Scholarship Act; 
modifying defined term; adding definition for 
education infrastructure fund; and providing a n 
effective date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: 
SECTION 1.     AMENDATORY     68 O.S. 2021, Section 2357.206, as 
amended by Section 1, Chapter 49, O.S.L. 2022 (68 O. S. Supp. 2023, 
Section 2357.206), is a mended to read as follows: 
Section 2357.206 A.  This act shall be known and may be c ited 
as the "Oklahoma Equal Opportunity Educ ation Scholarship Act". 
B. 1.  Except as provided in subsection G of this section, 
after August 26, 2011, there shall be allowed a credit for any 
taxpayer who makes a contribution to an eligible scholarship -
granting organization.   
 
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The credit shall be equ al to fifty percent (50%) of the total 
amount of contributions made during a taxable year, not to exceed 
One Thousand Dollars ($1,000.00) for single individuals, Two 
Thousand Dollars ($2,000.00) for married individu als filing jointly, 
or One Hundred Thousa nd Dollars ($100,000.00) for any taxpayer w hich 
is a legal business entity including limited and general 
partnerships, corporations, subchapter S corporations and limited 
liability companies, plus any suspended cred its pursuant to 
subparagraph d of paragra ph 2 of subsection I of this section; 
provided, if total credits claimed pursuant to this paragraph exceed 
the cap amount established pursuant to paragraphs 1 and 2 of 
subsection E of this section, the credit shall be equal to the 
taxpayer's proportionate share of the cap for the taxable year, as 
determined pursuant to subsection I of this section. 
2.  For any taxpayer who makes a contribution to an eligible 
scholarship-granting organization and makes a written commitment to 
contribute the same amount for an additional year, the credit for 
the first year and the additio nal year shall be equal to seventy-
five percent (75%) of the total amount of the contribution made 
during a taxable year, not to e xceed the amounts established in 
paragraph 1 of this subsection for the taxable year in which the 
credit provided in this subs ection is claimed.  The taxpayer shall 
provide evidence of the written commitment to the Oklahoma Tax 
Commission at the time of fi ling the refund claim.   
 
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3.  The credits authorized pursuant to the provisions of this 
subsection shall be allocable to the par tners, shareholders, 
members, or other equity owners of a taxpayer that is authorized to 
be treated as a partnership for purposes of federal income tax 
reporting for the taxable year for which the tax credits authori zed 
by this subsection are claimed on th e applicable return, together 
with required schedules, forms or reports of the partners, 
shareholders, members, or other equity owner s of the taxpayer.  Tax 
credits which are allocated to such equity owners shall only be 
limited in amount for the income ta x return of a natural person or 
persons based upon the limitation of the total credit amount to the 
entity from which the tax credits have been allocated and shall not 
be limited to One Thousand Dollars ($1,000.00) fo r single 
individuals or limited to Two Thousand Dollars ($2,000.00) for 
married persons filing a joint return. 
4.  On or before April 30, 2024, and once every two (2) years 
thereafter, such scholarship-granting organization and educational 
improvement grant organization shall electronically submit to the 
Oklahoma Tax Commission, the Governor, President Pro Te mpore of the 
Senate, the Speaker of the House of Representatives, and the chairs 
and vice chairs of the education committees of th e Senate and House 
of Representatives an audited financial statement for the 
organization along with information detailing the benefits, 
successes, or failures of the prog ram, and make publicly available   
 
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on its website the financial state ment and information submitted 
pursuant to this paragraph. 
C. 1.  Except as provided in subsection G of this section, 
after August 26, 201 1, there shall be allowed a credit for any 
taxpayer who makes a con tribution to an eligible educational 
improvement grant organization.  Except as otherwise provided by 
paragraph 2 of this subsection, the credit shall be equal to fifty 
percent (50%) of the total amount of contributions made during a 
taxable year, not to exceed One Thousand Dollars ($1,000.00) for 
single individuals, Two Thousand Dollars ($2,000.00) for married 
individuals filing jointly, or One Hundred Thousand Dollars 
($100,000.00) for any taxpayer which is a legal business entity 
including limited and ge neral partnerships, corporations, subchapte r 
S corporations and limited liability companies , plus any suspended 
credits pursuant to subparagraph d of paragraph 2 of subsection I of 
this section; provided, if total credits claimed pu rsuant to this 
paragraph exceed the cap amount established pursuant to paragraphs 3 
and 4 of subsection E of this section, the credit shall be equal to 
the taxpayer's proportionate share of the cap for the taxable year, 
as determined pursuant to subsection I of this section. 
2.  For any taxpayer who makes a contribution to an eligible 
educational improvement gran t organization and makes a written 
commitment to contribute the same amount for an additional year, the 
credit for the first year and the additional year shall be equal to   
 
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seventy-five percent (75%) of the total amount of the contribution 
made during a taxable year, not to exceed the cap amount established 
in paragraphs 3 and 4 of subsection E of this section for the 
taxable year in which the credit provided in this paragraph is 
claimed; provided, if total credits c laimed pursuant to thi s 
paragraph exceed the cap established pursuant to paragraphs 3 and 4 
of subsection E of this section, the credit shall be equal to the 
taxpayer's proportionate share of the cap for the taxable year, as 
determined pursuant to subsection I of this section.  The taxpayer 
shall provide evidence of the written commitment to the Oklahoma Tax 
Commission at the time of filing the ref und claim. 
3.  The credits authorized pursuant to the provisions of this 
subsection shall be allocable to the partne rs, shareholders, 
members, or other equity owners of a taxpayer that is authorized to 
be treated as a partnership for purposes of federal inc ome tax 
reporting for the taxable year for which the tax credits authorized 
by this subsection are claimed on the ap plicable return, together 
with required schedules, forms, or reports of the partners, 
shareholders, members, or other equity owners of the tax payer.  Tax 
credits which are allocated to such equity owners shall only be 
limited in amount for the income tax ret urn of a natural person or 
persons based upon the limitation of the total credit amount to the 
entity from which the tax credits have been a llocated and shall not 
be limited to One Thousand Dollars ($1,000.00) for single   
 
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individuals or limited to Two Thousand Dollars ($2,000.00) for 
married persons filing a joint return. 
D.  1.  For contributions made on or after January 1, 2022, 
there shall be allowed a credit for any taxpayer who makes a 
contribution to an eligible public school foundation or public 
school district. Except as otherwise p rovided by paragraph 2 of 
this subsection, the credit shall be equal to fifty percent (50%) of 
the total amount of contributions made during a taxable year, not to 
exceed One Thousand Dollars ($1,000.00) for single individuals, Two 
Thousand Dollars ($2,000.00) for married individuals filing jointly, 
or One Hundred Thousand Dollars ($100,000.00) for any taxpayer w hich 
is a legal business entity including limited and general 
partnerships, corporations, subchapter S corporations and l imited 
liability companies; provided, if total credits claimed pursuant to 
this paragraph exceed the cap amount established pursuant to 
paragraph 4 of subsection E of this section, the credit shall be 
equal to the taxpayer's proportionate share of the cap for the 
taxable year, as determined pursuant to subsection I of this 
section. 
2.  Except as otherwise provided by paragraph 1 of this 
subsection, for any taxpayer who makes a contribution to an eligible 
public school foundation or public school district and makes a 
written commitment to contribute the same amount for an additional 
year, the credit for the first year and the additional yea r shall be   
 
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equal to seventy-five percent (75%) of the total amount of the 
contribution made during a taxable year, not to exceed the cap 
amount established in paragraph 4 of subsection E of this section 
for the taxable year in which the credit provided in this paragraph 
is claimed.  The taxpayer shall provide evidence of the written 
commitment to the Oklahoma Tax Commission at the time of filing the 
refund claim; provided, if total credits claimed pursuant to this 
paragraph exceed the cap amount established pursuant to paragraph 4 
of subsection E of this section, the credit shall be equal to the 
taxpayer's proportionate share of the cap for the t axable year, as 
determined pursuant to subsection I of this section. 
3.  The credits authorized pursuant to the pr ovisions of this 
subsection shall be allocable to the partners, shareholders, 
members, or other equity owners of a taxpayer that is authorized to 
be treated as a partnership for purposes of federal income tax 
reporting for the taxable year for which the ta x credits authorized 
by this subsection are claimed on the applicable return, together 
with required schedules, forms, or reports of the partner s, 
shareholders, members, or other equity owners of the taxpayer.  Tax 
credits which are allocated to such equity owners shall only be 
limited in amount for the income tax return of a natural person or 
persons based upon the limitation of the total credit a mount to the 
entity from which the tax credits have been allocated and shall not 
be limited to One Thousand Dollars ($1,000.00) for single   
 
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individuals or limited to Two Thousand Dollars ($2,000.00) for 
married persons filing a joint return. 
4.  On or before April 30, 2024, and once every four (4) years 
thereafter, such eligible public school foundation and public school 
district shall submit to the Oklahoma Tax Commission, the Governor, 
President Pro Tempore of the Senate, and the Speaker of the House of 
Representatives an audited financial statement for the organization 
along with information detailing the benefits, successes, or 
failures of the progr ams. 
E.  Except as otherwise provided pursuant to subsection I of 
this section: 
1.  The total credits authorized pu rsuant to subsection B of 
this section for all taxpayers for tax years 2017 through 2021 shall 
not exceed Three Million Five Hundred Thousand Dollars 
($3,500,000.00) annually; 
2. The total credits authorized pursuant to subsection B of 
this section for all taxpayers for tax years 2022 and subsequent tax 
years shall not exceed Twenty-five Million Dollars ( $25,000,000.00) 
annually; 
3. The total credits authorized pursuant to subsection C of 
this section for all taxpayers for tax years 2017 through 2021 shall 
not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) 
annually;   
 
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4.  The total credits authorized pursuant to subsections C and D 
of this section for all taxpayers for tax year 2022 and subsequent 
tax years shall not exceed Twenty-five Million Dollars 
($25,000,000.00) annually.  In addition to the cap amount prescribed 
by this paragraph, the credit amount shall also be limited to Two 
Hundred Thousand Dollars ($200,000.00) of credits per public scho ol 
district annually; and 
5. The cap on total credits provided for in this subsection 
shall be allocated by the Tax Commission as provided i n subsection I 
of this section. 
F.  For credits claimed for eligible contributions made during 
tax year 2014 and thereafter, a credit shall not be allowed by the 
Oklahoma Tax Commission for contributions made to a scholarship-
granting organization or an educational improvement grant 
organization if that organization's percentage of funds actually 
awarded is less than ninety percent (90% ).  For purposes of this 
section, the "percentage of funds actually awarded" shall be 
determined by dividing the total amount of funds actually awarded as 
educational scholarships or educational improvement grants over the 
most recent twenty-four (24) months by the total amount available to 
award as educational scholarships or educational improvement grants 
over the most recent twenty-four (24) months. 
G.  Any tax credits which are earned by a taxpayer pursuant to 
this section during the time period beginn ing August 26, 2011,   
 
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through December 31, 2012, may not be claimed for any period prior 
to the taxable year beginning January 1, 2013.  No credits which 
accrue during the ti me period beginning August 26, 2011, through 
December 31, 2012, may be used to file an amended tax return for any 
taxable year prior to the taxable year beginning January 1, 2013. 
H.  As used in this section: 
1.  "Eligible student" means a child of school age who is 
lawfully present in the United States and who is a member of a 
household in which the total annual income during the preceding tax 
year does not exceed an amount equal to three hundred percent (300%) 
of the income standard used to qualify for a fre e or reduced-price 
school lunch or who, during the immediately preceding school year, 
attended or, by virtu e of the location of such student's place of 
residence, was eligible to attend a public school in thi s state 
which has been identified for school imp rovement as determined by 
the State Board of Education pursuant to the re quirements of the No 
Child Left Behind Act of 2001, P.L. No. 107-110.  Once a student has 
received an educational scholarship, as defin ed in paragraph 3 of 
this subsection, the studen t and any siblings who are members of the 
same household shall remain eli gible until they graduate from hig h 
school or reach twenty-one (21) years of age, whichever occurs 
first; 
2. "Eligible special needs s tudent" means a child who has been 
provided services under an Individualized Family Service Plan   
 
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through the SoonerStart program and during transition was evaluated 
and determined to be eligible for school district services, a child 
of school age who has atte nded public school in our state with an 
individualized education p rogram pursuant to the Individuals With 
Disabilities Education Act, 20 U.S.C.A., Section 1400 et seq., or a 
child who has been diagnosed by a clinical professional as having a 
significant disability that will affect learning and who has been 
approved by the board of a scholarship-granting organization; 
3.  "Educational scholarships" means: 
a. scholarships to an eligible student of up to Five 
Thousand Dollars ($5,000.00) or eighty percent (80% ) 
of the statewide annual average per-pupil expenditure 
as determined by the National Center for Education 
Statistics, U.S. Department of Education, whichever is 
greater, to cover all or part of the tuition, fees, 
and transportation costs of a qualified sc hool which 
is accredited by the State Board of Education or an 
accrediting association approved by the Board pursuant 
to Section 3-104 of Title 70 of the Oklahoma Statutes, 
b. scholarships to an eligible student of up to Five 
Thousand Dollars ($5,000.00) o r eighty percent (80%) 
of the statewide annual average per -pupil expenditure 
as determined by the National Center for Education 
Statistics, U.S. Department of Education, whichever is   
 
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greater, to cover the educational costs of a qualified 
school which does not charge tuition, which enrolls 
special populations of students , and which is 
accredited by the State Board of Education or an 
accrediting association approved by the Board pursuant 
to Section 3-104 of Title 70 of the Oklahoma Statutes, 
or 
c. scholarships to an eligible special needs student of 
up to Twenty-five Thousand Dollars ($25,000.00) to 
cover all or part of the tuition, fees, and 
transportation costs of a qualified school for 
eligible special needs students which is accredited by 
the State Board of Education or an accrediting 
association approved by the Board pursu ant to Section 
3-104 of Title 70 of the Oklahoma Statutes; 
4.  "Low-income eligible student" means an eligible student or 
eligible special needs student who qualifies for a free or reduced-
price lunch; 
5. "Qualified school" means an early childhood, ele mentary, or 
secondary private school in this state including schools which 
provide special educational programs for three-year-olds or 
prekindergarten educational programs for four-year-olds, which:   
 
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a. is accredited by the State Board of Education or an 
accrediting association approved by the Board pursuant 
to Section 3-104 of Title 70 of the Oklahoma Statutes, 
b. is in compliance with all applicable health and safety 
laws and codes, 
c. has a stated policy against discrimination in 
admissions on the basis of race, color, national 
origin, or disability, and 
d. ensures academic accountability to parents and 
guardians of students through regular progress 
reports; 
6. "Qualified school for eligible special needs students" means 
an early childhood, elementary , or secondary private school in a 
county in this state including schools which provide special 
educational programs for three-year-olds or prekindergarten 
educational programs for four-year-olds; 
7. "Scholarship-granting organization" means an organizatio n 
which: 
a. is a nonprofit entity exempt from taxation pursuant to 
the provisions of the Internal Revenue Code, 26 
U.S.C., Section 501(c)(3), 
b. distributes: 
(1) periodic scholarship payments as checks made out 
to an eligible student's or eligible special   
 
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needs student's parent or guardian and mailed to 
the qualified school where the student is 
enrolled, or 
(2) grants to qualified schools for such school's 
educational infrastructure fund, 
c. spends no more than ten percent (10%) of its annual 
revenue on expenditures other than educational 
scholarships as defined in paragraph 3 of this 
subsection, 
d. spends each year a portion of its expenditures on 
educational scholarships for low-income eligible 
students, as defined in paragraph 4 of this 
subsection, in an amount equal to or greater than t he 
percentage of low-income eligible students in the 
state, 
e. ensures that scholarships are portable during the 
school year and can be used at any qualified school 
that accepts the eligible student or at any qualified 
school for special needs students tha t accepts the 
eligible special needs student, 
f. registers with the Oklahoma Tax Commission as a 
scholarship-granting organization, and 
g. has policies in place to:   
 
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(1) carry out criminal background checks on all 
employees and board members to ensure that no 
individual is involved with the organization who 
might reasonably pose a risk to the appropriate 
use of contributed funds, and 
(2) maintain full and accurate records with respect 
to the receipt of contributions and expenditures 
of those contributions an d supply such records 
and any other documentation required by the Tax 
Commission to demonstrate financial 
accountability; 
8. "Educational infrastructure fund" means an account, held in 
the name of a qualified school , into which grants are deposited for 
the dedicated purposes of construction and maintenance of buildings 
and the purchase of library materials for the qualified school; 
9. "Annual revenue" means the total amount or value of 
contributions received by an organization from taxpayers awarded 
credits during the organization's fiscal year and all amounts earned 
from interest or investments; 
9. 10.  "Public school" means public schools as defined in 
Section 1-106 of Title 70 of the Oklahoma Statutes; 
10. 11.  "Eligible public school district" means any public 
school;   
 
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11. 12.  "Early childhood education program" means a special 
educational program for eligible special n eeds students who are 
three (3) years of age or a prekindergarten educational program 
provided to children who are at least four (4) years of age but not 
more than five (5) years of age on or before September 1; 
12. 13. "Innovative educational program" means an advanced 
academic or academic im provement program that is not part of the 
regular coursework of a public school but that enhances the 
curriculum or academic p rogram of the school or provides early 
childhood education programs to students; 
13. 14. "Educational improvement grant" means a grant to an 
eligible public school to implement an innovative educational 
program for students including the ability for multiple public 
schools to make an application and be awarded a grant to jointly 
provide an innovative educational program; 
14. 15. "Educational improvement grant organization" means an 
organization which: 
a. is a nonprofit entity exempt from taxation pursuant to 
the provisions of the Internal Revenue Code, 26 
U.S.C., Section 501(c)(3), and 
b. contributes at least ninety percent (90%) of its 
annual receipts as grants to eligible schools for 
innovative educational programs.  For purposes of this 
subparagraph, an educational improvement grant   
 
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organization contributes its annual cash receipts when 
it expends or otherwise irrevocably encumber s those 
funds for expenditure during the then current fiscal 
year of the organization or during the next succeeding 
fiscal year of the organization; and 
15. 16.  "Eligible public school foundation" means a nonprofit 
entity formed pursuant to the laws of this state and is exempt from 
federal income taxation pursuant to either Section 501(c)(3) or 
Section 509(a) of the Internal Revenue Co de of 1986, as amended.  
Each public school foundation must be approved by the local board of 
education prior to accepting qualifying donations. 
I.  Total credits authorized by this section shall be allocated 
as follows: 
1.  By January 10 of the year immed iately following each 
calendar year, a scholarship-granting organization, an educational 
improvement grant organization, an eligible public school 
foundation, or public school district which accepts contributions 
pursuant to this sectio n shall provide electronically to the Tax 
Commission information on each contribution accepted during such 
taxable year.  At least once each ta xable year, the entity making 
the report shall notify each contributor that Oklahoma law provides 
for a total, statewide cap on the amount of i ncome tax credits 
allowed annually;   
 
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2. a. If the Tax Commission determines the total combined 
credits claimed for contributions made to scholarship-
granting organizations during the most recently 
completed calendar year by all taxpayers are in excess 
of the statewide cap amount provided in paragraphs 1 
and 2 of subsection E of this section, the Tax 
Commission shall first allocate any amount of credits 
not claimed for contributions made to organizations 
authorized pursuant to subsections C and D of this 
section, then shall determine the percentage of the 
contribution which establishes the proportionate share 
of the credit which may be claimed by any taxpayer so 
that the total maximum credits authorized by this 
section are not exceeded. 
b. If the Tax Commission determines the t otal combined 
credits claimed for contributions made to 
organizations authorized pursuant to subsections C and 
D of this section during the most recently completed 
calendar year by all taxpayers are in excess of the 
statewide cap amount provided in paragraphs 3 and 4 of 
subsection E of this section, the Tax Commission shall 
first allocate any amount of credits not claimed for 
contributions made to scholarship-granting 
organizations, then shall determine the percentage of   
 
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the contribution which establishes the proportionate 
share of the credit which may be claimed by any 
taxpayer so that the maximum credits authorized by 
this section are not exceeded. 
c. If the Tax Commission determines the total combined 
credits claimed for contributions made to 
organizations authorized pursuant to subsections C and 
D of this section during the most recently completed 
calendar year by all taxpayers are in excess of the 
per public school district cap pursuant to paragraph 4 
of subsection E of this section, the Tax Commission 
shall first allocate any amount of credits not claimed 
for contributions made to other organizations 
authorized pursuant to subsections C and D of this 
section, then shall determine the percentage of the 
contribution which establishes the proportionate share 
of the credit which may be claimed by any taxpayer so 
that the maximum credits authorized by this section 
are not exceeded. 
d. Beginning for tax year 2016, credits earned, but not 
allowed due to the application o f statewide caps 
provided in subsection E of this section will be 
considered suspended and authorized to be used in the   
 
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next immediate tax year and applied to the next year's 
statewide cap; and 
3.  The Tax Commission shall publish the percentage of the 
contribution which may be claimed as a credit by contributors for 
the most recently completed calendar year on the Tax Commission 
website no later than February 15 of each calendar year for 
contributions made the previous year.  Each organization authorized 
pursuant to subsections B, C, and D of this section shall notify 
contributors of that amount annually. 
J. No tax credits authorized by this section shall be used to 
reduce the tax liability of the taxpayer to less than zero (0). 
K.  Any credits authorized by this section allowed but not used 
in any tax year may be carried over, in or der, to each of the three 
(3) years following the y ear of qualification. 
L.  1.  In order to qualify under this section, each 
organization authorized pursuant to subsections C and D of this 
section shall submit an appl ication with information to the Oklah oma 
Tax Commission on a form prescribed by the Tax Commission that: 
a. enables the Tax Commission to confirm that the 
organization is a nonprofit entity exempt from 
taxation pursuant to the provisions of the Internal 
Revenue Code, 26 U.S.C., Section 501(c )(3) or Section 
509(a), and   
 
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b. describes the proposed innovative educational program 
or programs supported by the organization. 
2.  The Tax Commission shall review and approve or disapprove 
the application, in consultation with the State Department of 
Education. 
3.  In order to maintain eligibility under this section, an 
organization authorized pursuant to subsections C and D of this 
section shall annually report the following information to the Tax 
Commission and publish on its website by September 1 of each year: 
a. the name of the innovative educational program or 
programs and the total amount of the grant or grants 
made to those programs during the immediately 
preceding school year, 
b. a description of how each grant was utilized during 
the immediately preceding school year and a 
description of any demonstrated or expected innovative 
educational improvements, 
c. the names of the public school and school districts 
where innovative educational programs t hat received 
grants during the immediately preceding school year 
were implemented, 
d. where the organization collects information on a 
county-by-county basis, and   
 
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e. the total number and total amount of grants made 
during the immediately preceding school y ear for 
innovative educational programs at public school by 
each county in which the organization made grants. 
4.  The information required under paragraph 3 of this 
subsection shall be submitted on a form provided by the Tax 
Commission.  No later than May 1 of each year, the Tax Commission 
shall annually distribute sample forms together with the forms on 
which the reports are required to be made to each approved 
organization. 
5. The Tax Commission shall not require any other information 
be provided by an organization, except as expressly authorized in 
this section. 
M.  1. Beginning in 2023 for the 2022-2023 academic year, in 
order to maintain registration, a scholarship-granting organization 
shall annually report to the Tax Commission by September 1 of ea ch 
year the following information regarding the educational 
scholarships funded by the organization in the previous academic 
year: 
a. the name and address of the scholarship-granting 
organization, 
b. the names of the qualifying schools that received 
funding for educational scholarships, the total amount 
of funds paid to each qualifying school, and the total   
 
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number of scholarship recipients enrolled in each 
qualifying school, 
c. the total number and total dollar amount of 
contributions received during the pre vious academic 
year, 
d. the total number and total dollar amount of 
educational scholarships awarded and funded during the 
previous academic year, 
e. the total number, total dollar amount, and percentage 
of educational scholarships awarded and funded during 
the previous academic year disaggregated into the 
following categories: 
(1) low-income eligible students, 
(2) students who during the immediately preceding 
school year attended or who were eligible by 
virtue of the residence of the student to attend 
a public school in the state which was identified 
for school improvement by the State Board of 
Education, 
(3) eligible special needs students, and 
(4) students who were first-time recipients of a 
scholarship including information about the type 
of public or private school the student was   
 
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enrolled in during the entire previous academic 
year, 
f. the percentage of annual revenue received by the 
organization from donations which qualify for tax 
credits pursuant to this section which was not 
expended on scholarsh ips, 
g. disaggregated data reported under this subsection 
shall be redacted if reporting would allow for 
identification of specific children, and shall be 
reported in accordance with the Student Data 
Accessibility, Transparency and Accountability Act of 
2013, division b of subparagraph 2 of subsection C of 
Section 3-168 of Title 70 of the Oklahoma Statutes, 
and the Family Educational Rights and Privacy Act of 
1974 (FERPA), 20 U.S.C., Section 1232g, and 
h. the percentage of the total amount of education 
scholarship expenditures spent on low-income eligible 
students. 
2.  The Tax Commission shall make available on its website: 
a. the information submitted by the scholarship-granting 
organization pursuant to paragraph 1 of this 
subsection, 
b. a list of participating schools, and   
 
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c. all other application information submitted to the Tax 
Commission by a scholarship-granting organization, 
except that information which would violate the 
privacy of an individual. 
3.  A scholarship-granting organization shall an nually submit 
verification to the Tax Commission that the organization still meets 
the criteria set forth in paragraph 7 of subsection H of this 
section. 
N. Contributions made pursuant to subsections B, C, and D of 
this section shall not be used by the Legis lature to reduce the 
amount appropriated for the f inancial support of public schools. 
O. In consultation with the State Department of Education, the 
Tax Commission shall promulgate rules necessary to implement the 
Oklahoma Equal Opportunity Education Scholarship Act. The rules 
shall include procedures for the registration of a scholarship-
granting organization, an educational improvement grant 
organization, a public school foundation, or public school district 
for purposes of determining if the organization meets the 
requirements of the Oklahoma Equal Opportunity Education Scholarship 
Act or for the revocation of the registration of an organization, if 
applicable, and for notice as required in subsection I of this 
section.  
 
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SECTION 2.  This act shall become effective November 1, 2024. 
 
59-2-10626 JM 02/29/24