Req. No. 1399 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
1st Session of the 59th Legislature (2023)
SENATE BILL 1026 By: Jett
AS INTRODUCED
An Act relating to school district boards of
education; amending 70 O.S. 2021, Sectio n 5-107A,
which relates to board membership and elect ion
procedures; updating statutory references; modifying
term of office of board of education members;
limiting the number of terms a board of education
member may serve as a member or chair; providing for
nonconsecutive service, service on other boards, and
partial terms; providing exception for less than a
full term to fill a vacancy in office; prohibiting a
member who has completed the maximum number of terms
from serving a partial term as a member or a chair;
amending 70 O.S. 2021, Section 5 -107B, which relates
to the election of board of education chair;
modifying term of office of board of education chair;
limiting the number of terms a board of education
chair may serve as chair or as a member; providi ng
for nonconsecutive service, service on other bo ards,
and partial terms; providing exception for less tha n
a full term to fill a vacancy in office; prohibiting
a chair who has completed the maximum number of terms
from serving a partial term as chair or as a member;
providing an effective date; and decl aring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 5 -107A, is
amended to read as follows:
Req. No. 1399 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 5-107A. The following provisions and the provisions of
Section 13A-101 et seq. of Title 26 of the Oklahoma St atutes shall
govern the election of members of the board of educat ion for a
school district:
A. For purposes of this section, temporary positions ad ded to a
board of education pursuant to Section 7 -101 or 7-105 of this title
and the chair of the board of education elected pursuant to Section
1 Section 5-107B of this act title shall not be considered in
determining the size of the board. The number an d term of each
board of education shall be as foll ows:
District Members Term (Years)
Elementary 3 3 2
Independent
1. Districts having a five -member
board 5 5 2
2. Districts having a seven -
member board unless an
election is conducted
pursuant to subsectio n C of
this section 7 4 2
The term of office of a board of education member elected
pursuant to the provis ions of this section after the effective date
of this act shall be two (2) years.
Req. No. 1399 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
B. In all school districts , the members of the board of
education shall be elected as follows:
1. a. Between August 1 and December 31 of the year following
the submission by the United States Department of
Commerce to the President of the United States of the
official Federal Decen nial Census, the board of
education shall reapportion the territory of the
school district into board districts. Beginning with
the reapportionment following the 1990 Federal
Decennial Census, all boundaries of board districts
shall follow clearly visible , definable, and
observable physical boundaries which are based upon
criteria established a nd recognized by the Bureau of
the Census of the United S tates Department of Commerce
for purposes of defining census blocks for its
decennial census and shall follo w, as much as is
possible, precinct boundaries. Board districts shall
be compact, contiguo us and shall be as equal in
population as practical with not more than a ten
percent (10%) variance between the most populous and
least populous board districts.
b. School districts having fewer than one thousand eight
hundred (1,800) students in average d aily membership
during the preceding school year may choo se not to
Req. No. 1399 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
establish board districts and may nominate and elect
all board members at large.
c. Elementary school districts shall have board members
elected at large.
d. A city located in an independen t school district
having four or more wards and an outlyi ng area with
such outlying area comprising no more than twenty
percent (20%) of the population of such indep endent
school district, then such independent school district
may adopt such wards and outl ying area in lieu of the
board districts provided for in subparagraph a of this
paragraph, and at least one member of the board of
education of such independent scho ol district shall be
a member of each ward; and
2. One member of the board of education sh all be elected by the
electors of the school district to represent each such board
district. Provided, however, that in any school district where the
electors of each board district, rather than the electors of the
entire school district, elect board memb ers to represent that board
district, that district shall elect board members in that manner.
If during the term of office to which a person was elected, that
member ceases to be a resident of the board district for which the
person was elected, the office shall become vacant and such the
Req. No. 1399 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
vacancy shall be filled as provided in Section 13A -110 of Title 26
of the Oklahoma Statutes; and
3. In a school district having more than ten thousand (10,0 00)
children in average daily membership, the following provision and
the provisions of Section 13A -101 et seq. of Title 26 of the
Oklahoma Statutes shall control as to election of the members of the
school district’s board of education:
a. There shall be held an election in which the electors
of each board district in which a term is expiring or
in which a vacancy exists shall s elect two candidates
from among the candidates for board member to
represent the board district,
b. If, in the election, one candi date has a majority of
all votes cast, then a run-off election is not
required. If no candidate receives a majority of all
votes cast, then the two candidates receiving the
greatest number of votes shall become the candidates
for the board district in the general election, and
c. At the run-off election, all of the ele ctors of the
board district shall select one of the two candi dates
as the member of the board of education representing
the board district.
C. Any seven-member board shall have the option of reducing its
board to a five-member board either after approval of a board
Req. No. 1399 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
resolution or a vote of the electors of the school district to take
such action pursuant to Section 13A -109 of Title 26 of the Oklahoma
Statutes. The electi on pursuant to a vote o f the electors of the
school district shall be called upon the su bmission of a petition
requesting the election signed by ten percent (10%) of the school
district electors in the school district, the percentage being
applied to the highest number of voters voting in a regular school
district election in the district in the preceding five (5) years as
determined by the secretary o f the county election board, who shall
certify the adequacy of the number of signatures on the petition.
If the question is put b efore the voters of the district, such the
election shall be held along with and at the same time and place as
the next school election if all requirements of Section 13A -101 et
seq. of Title 26 of the Oklahoma Statutes for such elec tion are met.
After such the resolution or election, the board shall
reapportion the district, determining by resolution or by lot which
board member offices shall be abolished at the end of the current
board member’s term and which shall become one of the offices of the
new board.
Election of the resulting board members shall be carried out
according to procedures stated in this section and Section 13A -101
et seq. of Title 26 of the Oklahoma Statutes.
Req. No. 1399 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
School board members currently serving in offices aboli shed
pursuant to this subsectio n shall continue serving until the end of
their current terms as at-large members.
D. Except for the chair of the board of ed ucation elected
pursuant to Section 1 Section 5-107B of this act title, offices of
members of the board of education shall be desi gnated by consecutive
numbers and shall correspond with board districts when applicable.
E. Except for those members elected prior to July 1, 1992 , the
terms of office of the members of a five -member board of education
shall commence on the first regular, special, or emergency school
board meeting after the date of the annual school election and after
the member has been certified as elected:
Office No. 1 1991
Office No. 2 1992
Office No. 3 1993
Office No. 4 1994
Office No. 5 1995
The terms of office of th e members of a seven-member board of
education shall be staggered, with one member being elected in 1991,
two members being elected in 1992, two mem bers being elected in
1993, and two members being elected in 1994 and shall c ommence on
the first regular, s pecial, or emergency school board meeting after
the date of the annual school election and after the member has been
certified as elected; provided, i n districts needing to elect two
Req. No. 1399 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
members in 1991 to maintain a full complem ent of board members, two
members shall be elected in 1991, one for a full term and one for a
one-year term, as determined by the local board. If a seven-member
board is formed upon consolidation pursuant to Section 7 -105 of this
title, or upon annexation pursuant to Section 7-101 of this title,
the formation agreement shall specify initial short terms as
necessary to extend until the beginning of the regular terms for
seven-member boards established herein.
Upon reduction of a seven -member board pursuant to subsection C
of this section, the terms of the five-member board shall be
staggered pursuant to this subsection.
One member of a three -member board of education shall be elected
each year, and the terms of office shall commence on the first
regular, special, or emergency school board meeting after the member
has been certified as elected.
F. The term of office of each board member elected after July
1, 1992, shall commence on the first regular, special , or emergency
school board meeting after the date o f the annual school election
and after the member has been certified as elected. Board members
elected prior to July 1, 1992, may remain in office until their
successor is elected an d seated pursuant to Sections 13A -101 through
13A-111 of Title 26 of the Oklahoma Statutes. The remainin g term of
any member who completes the term for which the member was elected
but not wishing to serve until the successor of the member takes
Req. No. 1399 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
office on the first regular, special , or emergency school board
meeting after the successor has been certified as elected, shall be
filled by appointment by the remaining members of the board of
education.
G. A member of a board of education elected to office pursuant
to the provisions of this section after the effective date of this
act shall be eligible to serve no more than five (5) terms on one
board of education as a member or as a chair of the board of
education elected pursuant to the provisions of Section 5 -107B of
this title. Terms of office on one board of education need not be
consecutive in determining t he total number of terms in office. The
terms served by a member of a board of education as a member or as a
chair on a separate board of education shall not be included in the
five-term limitation. A member shall not be eligible to serve an
additional term of office if, by serving that full additional term,
it would result in the member serving more than a total of five (5)
terms as a member or as a chair of the same board of education;
provided, however, the terms served by any member elected or
appointed to serve less than a full term to fill a vacancy in
office, as provided for in Section 13A-110 of Title 26 of the
Oklahoma Statutes, shall not be included in the five-term
limitation. A member who has completed five (5) terms in office
shall thereafter not be eligible to serve a partial term as a member
or as a chair of the same board of education.
Req. No. 1399 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
SECTION 2. AMENDATORY 70 O.S. 2021, Section 5 -107B, is
amended to read as follows:
Section 5-107B. A. The board of education of a district with
an average daily membership (ADM) of more than thirty thousand
(30,000) students may be expanded to add a member who shall be
elected at large for a term of four (4) two (2) years and who shall
serve as chair of the board. The term of office of a board chair
elected pursuant to the provis ions of this subsection after the
effective date of this act shall be two (2) years. The chair of the
board position may be added upon a majori ty vote of the district
board of education to add the position. If th e board opts to add
the chair of the board po sition, the chair of the board shall be
elected at the next regular election of board members, held pursu ant
to Section 13A-103 of Title 26 of the Oklahoma Statutes, followi ng
the decision of the board.
B. The chair of the board of education shall possess the same
qualifications as required for other board members, shall assume
office as provided for other m embers of the board of education,
shall be a full, voting member of the board, and shall count for
purposes of a quorum or a majority, or other require ments based on
number of members on the board. The chair shall preside at all
meetings of the board of e ducation in accordance with rules of
parliamentary procedure which h ave been adopted by a majority vote
of the board, provided that, in the absence of rules adopted by the
Req. No. 1399 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
board, the chair shall determine and set forth the rules of
parliamentary procedure that shall apply at board meetings; assemble
and control the agenda for board meetings, provided that, upo n
approval of a majority of the members of th e board, an item shall be
placed on the agenda for the same or a subsequent meeting, in
accordance with the Oklahoma Open Meeting Act; appoin t all
committees whose appointme nt is not otherwise provided for by la w;
and shall sign all warrants ordered by the board of education to be
drawn upon the treasurer for school money. The chair of the board
shall possess all powers otherwise provided by l aw for a member of a
board of education, all powers provided by law fo r the president of
a board of education, and such other lawful powers as may be
conferred upon the chair by majority vote of the board. The chair
shall receive compensation and benefits as conferred upon other
members of the district board of education.
C. For a district in which a chair of the boar d has been
elected, the district board of education, during the meeting at
which the chair of the board a ssumes office, shall elect a vice-
chair vice chair who shall serve a one-year term and until a
successor is elected and qualified. The vice-chair vice chair shall
perform all duties of the chair of the board in case of the chair ’s
absence or disability. The board shall also elect clerks a nd
deputies as provided in Secti on 5-119 of this title. The board
shall not elect a president or vice president.
Req. No. 1399 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
D. If a district board of education is expanded to include the
chair of the board position, the chair of t he board position shall
not be abolished except by a majority vote of the voters of the
school district voting on such the question at a special election
called for that purpose. The question may be presented only upon a
resolution adopted by three -fourths (3/4) of the board membership or
upon petition for an election on the question, that complies with
the requirements for petition and election set forth i n Section 7-
101 of this title. If the question is approved, the chair of the
board position shall be abo lished at the end of the term of th e
chair who holds the office when the election is held or upon the
chair’s resignation or vacancy of the office foll owing the election
on the question.
E. The chair of a board of education elected to office pursuant
to the provisions of this section after the effective date of this
act shall be eligible to serve no more than five (5) terms on one
board of education as chair or as a member of the board of education
elected pursuant to the provisions of Section 5 -107A of this title.
Terms of office on one board of education need not b e consecutive in
determining the total number of terms in office. The terms served
by the chair of a board of education as a chair or as a member on a
separate board of education shall not be included in the five-term
limitation. A chair shall not be eligible to serve an additional
term of office if, by serving the full additional term, it would
Req. No. 1399 Page 13 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
result in the chair serving more than a total of five (5) terms as
chair or as a member of the same board of education; provided,
however, the terms served by any chair elected or appointed to serve
less than a full term to fill a vacancy in office, as provided for
in Section 13A-110 of Title 26 of the Oklahoma Statutes , shall not
be included in the five-term limitation. A chair who has completed
five (5) terms in office shall thereafter not be eligible to serve a
partial term as a chair or as a memb er of the same board of
education.
SECTION 3. This act shall become effective July 1, 2023.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-1-1399 EB 1/19/2023 12:43:36 PM