Oklahoma 2025 Regular Session

Oklahoma House Bill HB1491 Compare Versions

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	3	+	HB1491 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1491 By: Johns, Moore, Provenzano,
30		-	Munson, and Waldron of the
31		-	House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 60th Legislature (2025)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 1491 By: Johns of the House
32	38
33	39		and
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35	41		Reinhardt of the Senate
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	46	+
	47	+	COMMITTEE SUBSTITUTE
	48	+
40	49		An Act relating to education; amending 70 O.S. 2021,
41	50		Section 3-102, which relates to meetings of the State
42	51		Board of Education; authorizing members to add items
43	52		to agendas; providing procedure for adding requested
44		-	item to an agenda; amending 70 O.S. 2021, Sections 5 -
45		-	107B and 5-118, which relate to school district
46		-	boards of education; authorizing members to add items
47		-	to agendas; providing procedure for adding requested
48		-	item to an agenda; and declaring an emergency .
	53	+	item to agenda; and providing an effective date.
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54	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	60		SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -102, is
56	61		amended to read as follows:
57	62		Section 3-102. A. The State Board of Edu cation shall meet in
58	63		regular session once eac h month. Special meetings may be called by
59	64		the president or by a majority of the members of the Board.
60	65		B. Upon written request by at least two members of the Board,
61	66		any member of the Board shall be authorized to place an item on a
62	67		Board agenda. The item shall be placed on the agenda for the next
63		-	meeting or a subsequent meeting, as decided by the requesting
64		-	members, in accordance with the Oklahoma Open Meeting Act.
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91		-	SECTION 2. AMENDATORY 70 O.S. 2021, Section 5 -107B, is
92		-	amended to read as follows:
93		-	Section 5-107B. A. The board of education of a district with
94		-	an average daily membership (ADM) of more than thirty thousand
95		-	(30,000) students may be expanded to add a member who shall be
96		-	elected at large for a term of four (4) years and who shall serve as
97		-	chair of the board. The chair of the board position may be added
98		-	upon a majority vote of the district board of education to add the
99		-	position. If the board opts to add the chair of the board position,
100		-	the chair of the board shall be elected at the next regular election
101		-	of board members, held pursuant to Section 13A -103 of Title 26 of
102		-	the Oklahoma Statutes, following the decision of the board.
103		-	B. The chair of the board of education shall possess the same
104		-	qualifications as required for ot her board members, shall assume
105		-	office as provided for other members of the board of education,
106		-	shall be a full, voting member of the board, and shall count for
107		-	purposes of a quorum or a majority, or other requirements based on
108		-	number of members on the board. The chair shall preside at all
109		-	meetings of the board of education in accordance with rules of
110		-	parliamentary procedure which have been adopted by a majority vote
111		-	of the board, provided that, in the absence of rules adopted by the
112		-	board, the chair shall determine and set forth the rules of
113		-	parliamentary procedure that shall apply at board meetings ; assemble
114		-	and control the agenda for board meetings, provided that, upon
	95	+	meeting or a subsequent meeting, as decided by the requesting
	96	+	members, in accordance with the Oklahoma Open Meeting Act.
	97	+	SECTION 2. This act shall bec ome effective November 1, 2025.
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141		-	approval of a majority of the members of the board, an item shall be
142		-	placed on the agenda for the same or a subsequent meeting, in
143		-	accordance with the Oklahoma Open Meeting Act except as provided by
144		-	subsection B of Section 5 -118 of this title; appoint all committees
145		-	whose appointment is not otherwise provided for by law; and shall
146		-	sign all warrants ordered by the board of education to be drawn upon
147		-	the treasurer for school money. The chair of the board shall
148		-	possess all powers otherwise provided by law f or a member of a board
149		-	of education, all powers provided by law for the president of a
150		-	board of education, and such other lawful powers as may be conferred
151		-	upon the chair by majority vote of the board. The chair shall
152		-	receive compensation and benefits as conferred upon other members of
153		-	the district board of education.
154		-	C. For a district in w hich a chair of the board has been
155		-	elected, the district board of education, during the meeting at
156		-	which the chair of the board assumes office, shall elect a vice -
157		-	chair who shall serve a one -year term and until a successor is
158		-	elected and qualified. The vice -chair shall perform all duties of
159		-	the chair of the board in case of the chair 's absence or disability.
160		-	The board shall also elect clerks and deputies as provided in
161		-	Section 5-119 of this title. The board shall not elect a president
162		-	or vice president.
163		-	D. If a district board of education is expanded to include the
164		-	chair of the board position, the chair of the board position shall
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191		-	not be abolished except by a majority vote of the voters of the
192		-	school district voting on such question at a special election called
193		-	for that purpose. The question may be presented only upon a
194		-	resolution adopted by three -fourths (3/4) of the board membership or
195		-	upon petition for an election on the question, that complies with
196		-	the requirements for petition and election set forth in Section 7-
197		-	101 of this title. If the question is approved, the chair of the
198		-	board position shall be abolished at the end of the term of the
199		-	chair who holds the offi ce when the election is held or upon the
200		-	chair's resignation or vacancy of the office following the election
201		-	on the question.
202		-	SECTION 3. AMENDATORY 70 O.S. 2021, Section 5 -118, is
203		-	amended to read as follows:
204		-	Section 5-118. A. Regular meetings of the board of education
205		-	of each school district shall be held upon the first Monday of each
206		-	month, or upon such day as may be fixed by the board. Special
207		-	meetings may be held from time to time as circumstances may demand.
208		-	B. Upon written request by at least two members for boards of
209		-	five or more members and one member of boards with four or fewer
210		-	members, any member of the board shall be authorized to place an
211		-	item on a board agenda. The item shall be placed on the agenda for
212		-	the next meeting or a subsequent meeting, as decided by the
213		-	requesting member or members, in accord ance with the Oklahoma Open
214		-	Meeting Act. For the purposes of this subsection, the calculation
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241		-	of the number of members of a board shall exclude any vacant
242		-	positions.
243		-	C. All meetings of the boards of education shall be public
244		-	meetings, and in all such meetings the vote of each member must be
245		-	publicly cast and recorded. Executive sessions will be permitted
246		-	only for the purpose of discussing the employment, hiring,
247		-	appointment, promotion, demotion, disciplining, or resignations of
248		-	any or all of the employee s or volunteers of the school district,
249		-	and for the purpose of discussing negotiations concerning employees
250		-	and representatives of employee groups, and for the purpose of
251		-	hearing evidence and discussing the expulsion or suspension of a
252		-	student or students only when requested by the student involved or
253		-	his or her parent, attorney, or legal guardian; provided, however,
254		-	that any vote or action thereon must be taken in a pub lic meeting
255		-	with the vote of each member publicly cast and recorded. It is
256		-	required that the board of education shall provide notice to the
257		-	student, his or her parent, attorney or legal guardian that said
258		-	student is entitled to an executive session regard ing the discussion
259		-	of expulsion or suspension of said student.
260		-	D. Any action taken in violation of the provisions of this act
261		-	shall be invalid.
262		-	E. Each member of the board of education of a school district
263		-	with an average daily attendance exceeding fifte en thousand (15,000)
264		-	or a school district where boundaries encompass a total population
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291		-	exceeding one hundred thousand (100,000) persons according to the
292		-	last preceding Federal Decennial Census may be paid from the
293		-	district's general fund a stipend of Twen ty-five Dollars ($25.00)
294		-	for each regular, special or adjourned meeting of the board of
295		-	education that he or she attends, but not for more than four
296		-	meetings in any calendar month.
297		-	SECTION 4. It being immediately necessary for the preserva tion
298		-	of the public peace, health or safety, an emergency is hereby
299		-	declared to exist, by reason whereof this act shall take effect and
300		-	be in full force from and after its passage and approval.
301		-	Passed the House of Representatives the 26th day of March, 2025.
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306		-	Presiding Officer of the House
307		-	of Representatives
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311		-	Passed the Senate the ___ day of __________, 2025.
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316		-	Presiding Officer of the Senate
	99	+	COMMITTEE REPORT BY: COMMITTEE ON EDUCATION OVERSIGHT, dated
	100	+	03/05/2025 - DO PASS, As Amended and Coauthored.
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