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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 357 By: Dossett
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 3-104, which relates to powers and duties of
the State Board of Education; updating statutory
language; allowing the Oklahoma School for the Blind
and the Oklahoma School for the Deaf to be eligible
for redbud school grants; updating statuto ry
references; 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 -104, is
amended to read as follows:
Section 3-104. A. The supervision of the public school system
of Oklahoma shall be vested in the State Board of Education and,
subject to limitations otherwise provided by law, the St ate Board of
Education shall:
1. Adopt policies and make rules for the operation of the
public school system of the state;
2. Appoint, prescribe the duties , and fix the compensation of a
secretary, an attorney , and all other personnel necessary for the
proper performance of the funct ions of the State Board of Education.
The secretary shall not be a member of the Board;
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3. Submit to the Governor a departmental bud get based upon
major functions of the Department as prepared by the State
Superintendent of Pu blic Instruction and support ed by detailed data
on needs and proposed o perations as partially determined by the
budgetary needs of local school districts filed wi th the State Board
of Education for the ensuing fiscal year. Appropriations therefor
shall be made in lump-sum form for each major item in the budget as
follows:
a. State Aid to schools,
b. the supervision of all other functions of general and
special education including general control, free
textbooks, school lunch, Indian education , and all
other functions of the Board and an amount sufficient
to adequately staff an d administer these services, and
c. the Board shall determine the details by which the
budget and the appropriations are administered.
Annually, the Board shall make preparations to
consolidate all of the functio ns of the Department in
such a way that the budget can be based on two items,
administration and aid to schools. A maximum amount
for administration shall be designated as a part of
the total appropriation;
4. On the first day of December preceding each regular session
of the Legislature, prepare and deliver to the Governor and the
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Legislature a report for the year ending June 30 immed iately
preceding the regular session of the Legislature. The report shall
contain:
a. detailed statistics and other infor mation concerning
enrollment, attendance, e xpenditures including State
Aid, and other pertinent data for all public schools
in this state,
b. reports from each and every division within the State
Department of Education as submi tted by the State
Superintendent of Public Instruction and any other
division, department, institution, or other agency
under the supervision of the Board,
c. recommendations for the improvement of the public
school system of the state,
d. a statement of the receipts and expenditures of the
State Board of Education for the pas t year, and
e. a statement of plans and recommendations for the
management and improvement of public schools and such
other information relating to the educational
interests of the stat e as may be deemed necessary and
desirable;
5. Provide for the formul ation and adoption of curricula,
courses of study, and other instructional aids necessary for the
adequate instruction of pupils in the public schools;
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6. Have authority in matters perta ining to the licensure and
certification of persons for instructional , supervisory, and
administrative positions and services in the public schools of the
state subject to the provisions of Section 6-184 of this title, and
shall formulate rules governing th e issuance and revocation of
certificates for superintendents of scho ols, principals,
supervisors, librarians, clerical employees, school nurses, school
bus drivers, visiting teachers, classroom teachers , and for other
personnel performing instructional, ad ministrative, and supervisory
services, but not including members of b oards of education and other
employees who do not work directly with pupils, and may charge a nd
collect reasonable fees for the issuance of such certificates:
a. the State Department of E ducation shall not issue a
certificate to and shall revoke the certi ficate of any
person who has been convicted, whether upon a verdict
or plea of guilty or upon a plea of nolo contendere,
or received a suspended sentence or any probationary
term for a crime or an attempt to commit a crime
provided for in Section 843.5 of Title 21 of the
Oklahoma Statutes if the offense involved sexual abuse
or sexual exploitation as those terms are defined in
Section 1-1-105 of Title 10A of the Oklahoma Statutes,
Section 741, 843.1, if the offense included sexual
abuse or sexual exploitation, 865 et seq., 885, 888,
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891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
1111.1, 1114, or 1123 of Title 21 of the Oklahoma
Statutes or who enters this state and who has been
convicted, received a suspended sente nce, or received
a deferred judgment for a crime or attempted crime
which, if committed or attempted in this state, would
be a crime or an attempt to commit a crime provided
for in any of said the laws,
b. all funds collected b y the State Department of
Education for the issuance of certificate s to
instructional, supervisory, and administrative
personnel in the public schools of the state shall be
deposited in the “Teachers’ Certificate Certification
Fund” in the State Treasury and may be expen ded by the
State Board of Education to finance the activities of
the State Department of Education necessary to
administer the program, for consultative se rvices,
publication costs, actual and necessary travel
expenses as provided in the State Travel Reimb ursement
Act incurred by persons performing research work, and
other expenses found necessary by the State Board of
Education for the improvement of the pr eparation and
certification of teachers in Oklahoma this state.
Provided, any unobligated balance in the Teache rs’
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Certificate Certification Fund in excess of Ten
Thousand Dollars ($10,000.00) on June 30 of any fiscal
year shall be transferred to the General Revenue Fund
of the State of Oklahoma this state. Until July 1,
1997, the State Board of Education shall have
authority for approval of teacher education progra ms.
The State Board of Education sha ll also have authority
for the administration of teacher residency and
professional development, subject to the provisions of
the Oklahoma Teacher Preparation Act;
7. Promulgate rules governing the classification, insp ection,
supervision, and accrediting of all public nursery, kindergarten,
elementary and secondary schools, and on-site educational serv ices
provided by public school districts or state -accredited private
schools in partial hospitalization programs, day tr eatment programs,
and day hospital programs as defined in this act for persons between
the ages of three (3) and twenty-one (21) years of age in the state.
However, no school shall be denied accreditation solely on the basis
of average daily attendance.
Any school district which maintains an elementary school and
faces the necessity of relocating its school facilities because of
construction of a lake, either by state or federal authority, which
will inundate the school facilities, shall be entitled to rec eive
probationary accreditation from the State Board of Education for a
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period of five (5) years after the effective date of this act June
12, 1975, and any school district, otherwise qualified, shall be
entitled to receive probationary accredit ation from the State Board
of Education for a period of two (2) consecutive years to attain the
minimum average daily attendance. The Head Start and public
nurseries or kindergartens operated from Community Action Program
Agency funds shall not be subjected to t he accrediting rules of the
State Board of Education. Neither will the State Board of Education
make rules affecting the operation of the public nurseries and
kindergartens operated from federal funds secured through Community
Action Programs Agencies even though they may be operating in the
public schools of the state. However, any of the Head Start or
public nurseries or kind ergartens operated under federal regulations
may make application for accrediting fr om the State Board of
Education but will be accred ited only if application for the
approval of the programs is made. The status of no school district
shall be changed whic h will reduce it to a lower classification
until due notice has been given to the pr oper authorities thereof
and an opportunity given to correct the conditions which otherwis e
would be the cause of such reduction.
Private and parochial schools may be accre dited and classified
in like manner as public schools or, if an accrediting associat ion
is approved by the State Board of Education, b y procedures
established by the State Bo ard of Education to accept accreditation
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by such accrediting association, if appli cation is made to the State
Board of Education for such accrediting;
8. Be the legal agent of the State of Oklahoma this state to
accept, in its discretion, the provisions o f any Act of Congress
appropriating or apportioning funds which are now, or may hereafter
be, provided for use in connection with any phas e of the system of
public education in Oklahoma. It shall prescribe such rule s as it
finds necessary to provide for t he proper distribution of such funds
in accordance with the state and federal laws;
9. Be and is specifically hereby designated as the ag ency of
this state to cooperate and deal with any officer, board , or
authority of the United States Government under a ny law of the
United States which may require or recommend cooperation with any
state board having charge of the administration of public s chools
unless otherwise provided by law;
10. Be and is hereby designated as the “State Educational
Agency” referred to in Public Law 396 of the 79th Congress of the
United States, which law states that said the act may be cited as
the “National School Lunch A ct”, and said the State Board of
Education is hereby authorized and direc ted to accept the terms a nd
provisions of said the act and to enter into such agreements, not in
conflict with the Constitution of Oklahoma or th e Constitution and
Statutes of the United Stat es, as may be necessary or appropriate to
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secure for the State of Oklahoma this state the benefits of the
school lunch program established and referred to in said the act;
11. Have authority to secure and administer the ben efits of the
National School Lunch Act, Public Law 396 of the 79th Congress of
the United States, in the State of Oklahoma this state and is hereby
authorized to employ or appoint and fix the compensation of such
additional officers or employees and to incur such exp enses as may
be necessary for the ac complishment of the above purpose, administer
the distribution of any state funds appropri ated by the Legislature
required as federal matching to reimburse on childr en’s meals;
12. Accept and provide for the administra tion of any land,
money, buildings, gifts, donation, or other things of value which
may be offered or bequeathed to the schools under the supervision or
control of said the Board;
13. Have authority to re quire persons having administrative
control of all school districts in Oklahoma to make such regular and
special reports regarding the activities of the schools in said the
districts as the Board may deem needful for the proper exercise of
its duties and funct ions. Such authority shall include the right of
the State Board of Education to withhold all state funds under its
control, to withhold official recognition , including accrediting,
until such required reports have been filed and accepted in the
office of said the Board and to revoke the certificates of persons
failing or refusing to make such reports;
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14. Have general supervision of the school lunch program. The
State Board of Education may sponsor workshops for personnel and
participants in the school lunc h program and may develop, print, and
distribute free of charge or sell any materials, books, and
bulletins to be used in such the school lunch programs. There is
hereby created in the State Treasury a revolving fund for the Board,
to be designated the School L unch Workshop Revolving Fund. The fund
shall consist of all fees derived from or on behalf of any
participant in any such workshop sponsored by the State Board of
Education, or from the sale of any materials, books, and bulletins,
and such funds shall be disbursed for expenses of such workshops and
for developing, printing, and distributing of such the materials,
books, and bulletins relating to the school lunch prog ram. The fund
shall be administered in accordance with Section 155 of Title 6 2 of
the Oklahoma Statutes;
15. Prescribe all forms for school district a nd county officers
to report to the State Board of Education where required. The State
Board of Education shall also prescribe a list of appropriation
accounts by which the funds of school districts shall be budgeted,
accounted for, and expended; and it sh all be the duty of the State
Auditor and Inspector in prescribing all budgeting, accounting , and
reporting forms for school funds to conform to such lists;
16. Provide for the establ ishment of a uniform system of pupil
and personnel accounting, records, and reports;
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17. Have authority to provide for the he alth and safety of
school children and school pers onnel while under the jurisdiction of
school authorities;
18. Provide for the su pervision of the transportation of
pupils;
19. Have authority, upon request of the local school board, to
act in behalf of the public schools of the state in the purchase of
transportation equipment;
20. Have authority and is hereby required to perform a ll duties
necessary to the adminis tration of the public school system in
Oklahoma as specified in the Oklahoma School Code; a nd, in addition
thereto, those duties not specific ally mentioned herein if not
delegated by law to any other agency or official;
21. Administer the State Public Com mon School Building
Equalization Fund established by Section 32 of Article X of the
Oklahoma Constitution. Any monies as may be appropriated or
designated by the Legislature, other than ad valorem taxes, any
other funds identified by the State Department of Education, which
may include, but not be limited to, grants-in-aid from the federal
government for building purposes, the proceeds of all property that
shall fall to the state by escheat, penalties for unlawful holding
of real estate by corporations, an d capital gains on assets of the
permanent school funds, shall be deposited in the State Pu blic
Common School Building Equalization Fund. Th e fund shall be used to
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aid school districts and charter schools in acquiring bui ldings,
subject to the limitations fixed by Section 32 of Article X of the
Oklahoma Constitution. It is hereby declared that the term
“acquiring buildings” as used in Section 32 of Article X of the
Oklahoma Constitution shall mean acquiring or improving s chool
sites, constructing, repairi ng, remodeling, or equipping buildings,
or acquiring school furniture, fixtures, or equipmen t. It is hereby
declared that the term “school districts” as used in Section 32 of
Article X of the Oklahoma Constitution shall mean school districts
and eligible charter schools as defined in subsection B of this
section. The State Board of Education sh all disburse redbud school
grants annually from the State Public Common School Building
Equalization Fund to the Oklahoma School for the Deaf, the Oklahoma
School for the Blind, public schools, and eligible charter schools
pursuant to subsection B of this sec tion. The Board shall
promulgate rules for the implementation of d isbursing redbud school
grants pursuant to this section. The State Board of Education shall
prescribe rules for making grants of a id from, and for otherwise
administering, the fund pursuan t to the provisions of this
paragraph, and may employ and fix the d uties and compensation of
technicians, aides, clerks, stenographers, attorneys, and other
personnel deemed necessary to carry out th e provisions of this
paragraph. The cost of administering the fund shall be paid from
monies appropriated to the State Board of Education for the
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operation of the State Department of Education. From monies
apportioned to the fund, the State Department of Education may
reserve not more than one -half of one percent (1/2 of 1%) for
purposes of administering the fund;
22. Recognize that the Director of the Oklahoma Department of
Corrections shall be the administrative authority for the schools
which are maintained in the state reformatories and shall appoint
the principals and teachers in such schools. Provided, that rules
of the State Board of Education for the classification, inspection,
and accreditation of public schools shall be applicable to such
schools; and such schools shall comply with standards set by th e
State Board of Education; and
23. Have authority to administer a revolving fund which is
hereby created in the State Treasury, to be designated the
Statistical Services Revolving Fund. The fund s hall consist of all
monies received from the various sch ool districts of the state, the
United States Government, and other s ources for the purpose of
furnishing or financing statistical services and for any other
purpose as designated by the Legislature. The State Board of
Education is hereby authorized to en ter into agreements with school
districts, municipalities, the United States Government,
foundations, and other agencies or individuals for services,
programs, or research projects. The Statistical Ser vices Revolving
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Fund shall be administered in accordance with Section 155 of Title
62 of the Oklahoma Statutes.
B. 1. The redbud school grants shall be determined by the
State Department of Education as follows:
a. divide the county four-mill levy revenue by four to
determine the nonchargeable county four -mill revenue
for each school district,
b. determine the amount of new re venue generated by the
five-mill building fund levy as authorized by Section
10 of Article X of the Oklahoma Constitution for each
school district as reported in the Oklahoma Cost
Accounting System for the preceding fiscal year,
c. add the amounts calculat ed in subparagraphs a and b of
this paragraph to determine the nonchargeable millage
for each school district,
d. add the nonchargeable millage in each district
statewide as calculat ed in subparagraph c of this
paragraph and divide the total by the average daily
membership in public schools statewide based on the
preceding school year’s average daily membership,
according to the provi sions of Section 18-107 of this
title. This amount is the statewide nonchargeable
millage per student, known as the baseline local
funding per student,
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e. all eligible charter schools shall be included in
these calculations as unique school districts,
separate from the school district that may sponsor th e
eligible charter school, and the total number of
districts shall be used to determine the statewide
average baseline local funding per student,
f. for each school district or eligible charter school
which is below the baseline local funding per student,
the Department shall subtract the baseline local
funding per student from the average nonchargeable
millage per student of the school district or eligible
charter school to determine the nonchargeable milla ge
per student shortfall for each district, and
g. the nonchargeable millage per student shortfall for a
school district or eligible charter school shall be
multiplied by the average daily membership of the
preceding school year of the eligible school dist rict
or eligible charter school. This amount sh all be the
redbud school grant amount for the school district or
eligible charter school. The Oklahoma School for the
Blind and the Oklahoma School for the Deaf shall be
eligible to receive redbud school grants calculated
pursuant to this paragraph.
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2. For fiscal year 2022, monies for the redbud school grants
shall be expended from the funds apportioned pursuant to Section 2
Section 426 of this act Title 63 of the Oklahoma Statutes . For
fiscal year 2023 and each subsequent fiscal year, monies for the
redbud school grants shall be appropri ated pursuant to Section 2
Section 426 of this act Title 63 of the Oklahoma Statutes, not to
exceed three-fourths (3/4) of the tax colle cted in the preceding
fiscal year pursuant to Section 426 of Title 63 of the Okla homa
Statutes as determined by the Oklahoma Tax Commission. For fiscal
year 2023 and each subsequent fis cal year, if such appropriated
funds are insufficient to fund the redbud school grants, then an
additional apportionment of funds shall be made from sales tax
collections as provided by subsection D of Section 3 Section 1353 of
this act Title 68 of the Oklah oma Statutes. If both funds are
insufficient, the Department shall promulgate rules to pe rmit a
decrease to the baseline local funding per st udent to the highest
amount allowed with the funding available.
3. As used in this section, “eligible charter school” shall
mean a charter school which is sponsored pursuant to the provisions
of the Oklahoma Charter School Schools Act. Provided, however,
“eligible charter school” shall not include a charter school
sponsored by the Statewide Virtual Charter School Board but shall
only include those which pr ovide in-person or blended instruction ,
as provided by Section 1-111 of this title, to not less than two-
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thirds (2/3) of students as the primary means of instructional
service delivery.
4. The Department shall d evelop a program to acknowledge the
redbud school grant recipients and shall include elected members of
the Oklahoma House of Representatives and Oklahoma State Senate who
represent the Oklahoma School for th e Blind, the Oklahoma School for
the Deaf, school districts, and eligible charter schools.
5. The Department shall create a dedicated page on its website
listing annual redbud school grant recipients, amount awarded to
each recipient, and other pertinent information about the Redbud
School Funding Act.
6. The Department shall provide the Chair chair of the House
Appropriations and Budget Committee and the Chair chair of the
Senate Appropriations Committee no later t han February 1 of each
year with an estimate of the upcoming year’s redbud school grant
allocation as prescribed by this section.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately nec essary 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.
59-1-645 EB 1/15/2023 12:22:38 PM