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SENATE FLOOR VERSION
February 14, 2023
SENATE BILL NO. 299 By: Thompson (Roger) and
Pemberton
An Act relating to the Oklahoma Advisory Council on
Indian Education; amendi ng 70 O.S. 2021, Section 3 -
173, which relates to composition and duti es of the
Council; recreating the council until certain date;
modifying appointment authority for certain members;
modifying date by which appointments are to be made;
providing for the filling of certain vacancies;
updating statutory language; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -173, is
amended to read as follows:
Section 3-173. A. There is hereby r e-created to continue until
July 1, 2023 July 1, 2026, in accordance with the provisions of the
Oklahoma Sunset Law, the Oklahoma Advisory Council on Indian
Education.
B. The Council shall:
1. Make recommendations to the State Board of Education and the
Superintendent of Public Instruction in educational matters
affecting the education of Native American students;
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2. Promote educational opportunities and i mprovement of the
quality of education provided to Native American students throughout
the state;
3. Advocate for Native American students in the state; and
4. Monitor and evaluate how the public education system of the
state impacts Native American stud ents.
C. The Council shall b e composed of eighteen (18) members as
follows:
1. Five members who sh all each represent an Indian tribe in the
state, of which at least one shall represent an Indian tribe which
has an enrollment of less than ten thousand (10 ,000) members who
reside in the state, appointed by the Governor Speaker of the House
of Representatives from a list of nominations submitted by the
elected executive leaders of different Indian tribes in the state;
2. Four members who shall each represen t the tribal education
departments of an Indian tribe in the state, appointed by the
Governor President Pro Tempore of the Senate from a list of
nominations submitted by the elected executive leaders of different
Indian tribes in the state;
3. One member who shall represent the Oklah oma Council on for
Indian Education, appointed by the Governor;
4. Two members who shall represent two different statewide
organizations representing public school teachers, appointed by the
President Pro Tempore of the Senate;
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5. One member who shall re present a statewide organization
representing public school superintend ents, appointed by the Speaker
of the House of Representatives;
6. One member who shall represent Oklahoma tribal colleges,
appointed by the Chancellor of High er Education;
7. The Director of the Native American Cultural and Educational
Authority, or designee;
8. The Chancellor of Higher Education, or designee;
9. The Director of the Oklahoma Department of Career and
Technology Education, or designee; and
10. The Superintendent of P ublic Instruction, or designee.
D. Appointments to the Council shall b e made by September 1,
2010 2023. The first meeting of the Council shall be called by the
Superintendent of Public Instruction. At the first meeting, the
members of the Council shall elect a chair and vice-chair vice chair
from among the members. Meetin gs of the Council shall be held at
least quarterly at the call of the chair. Members s hall serve at
the pleasure of their appointing authorities. A majority o f the
members of the Council shall constitute a quorum to transact
business, but no vacancy shal l impair the right of the remaining
members to exercise all of the powers of the Counci l. A vacancy on
the Council shall be filled by the original appointing a uthority. A
vacancy on the Council in a seat representing an Indian tribe in the
state or the tribal education department of an Indian tribe in the
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state shall be filled by the o riginal appointing authority from a
list of nominations submitted by the elec ted executive leaders of
Indian tribes in the state. Appointments to fill a ny vacancy on the
Council shall be made within three (3) months following the vacancy.
The State Department of Education, Oklahoma Department of Career and
Technology Education, a nd the Oklahoma State Reg ents for Higher
Education shall provide staff, support , and information as requested
by the Council.
E. Members of the Council shall receive no compensation for
serving on the Council , but shall receive travel reimbursement as
follows:
1. State employees who are members of the Council shall be
reimbursed for travel expenses incurred in the performance of their
duties by their respective agencies in accordance with the State
Travel Reimbursement Act; and
2. All other members of th e Council shall be reimbu rsed by the
Office of Management and Enterprise Services for travel expenses
incurred in the performance of their duties in accordance with the
State Travel Reimbursement Act.
F. The Council shall act in accordance with the provis ions of
the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.
G. Members who serve on the Council shall be exempt from the
dual-office-holding prohibitions of Section 6 of Title 51 of the
Oklahoma Statutes.
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H. The Council shall have the follow ing duties:
1. Identify strategies for developing an efficient and reliable
process of communications between Oklahoma education entities,
educators, tribal organizations , and other interested parties;
2. Identify and disseminate research -based, measurable
criteria, both behavio ral and academic, by which the success and
efficacy of the education offered to Native American students in
Oklahoma may be measured;
3. Analyze data to ensure that education agencies in Oklahoma
continue to address the education needs of Native American students;
4. Encourage and promote Native American educa tional leadership
at all levels of the education system; and
5. Make recommendations to the State Board of Education for
programs that will help achieve the purposes of the Oklahoma
Advisory Council on Indian Education Act.
I. The Council shall evaluate and make an annual report on the
effectiveness of the public education system in Oklahoma in meeting
the needs of Native American students in Oklahoma. The report shall
be submitted to the State Board of Education. The report shall also
contain a summary of the findings made by the Council pursuant to
subsection H of this section, a summary of all data collected by the
Council, a summary of the means by which all data was collected by
the Council, and any other information deemed necessary by the
Council.
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SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. 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.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
February 14, 2023 - DO PASS