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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1797 By: Kerbs
AS INTRODUCED
An Act relating to agriculture; designating the
Oklahoma Department of Agriculture, Food, and
Forestry as the state educational agency ref erenced
by the National School Lunch Act; providing that the
Oklahoma Department of Agriculture, Food, and
Forestry may secure and administer the benefits of
the National School Lunch Act; directing the Oklahoma
Department of Agriculture, Food, and Forestr y to
provide general supervision of the school lunch
program; creating the Sch ool Lunch Workshop Revolving
Fund; providing for the allocation of funds for the
school lunch program; amending 70 O.S. 2021, Section
3-104, as last amended by Section 2, Chapter 445,
O.S.L. 2024 (70 O.S. Supp. 2024, Section 3 -104),
which relates to the State Board of Education 's
powers and duties; removing the State Board of
Education from overseeing and administering school
lunch program under the National School Lunch Act;
repealing 70 O.S. 2021, Section 3 -119, which relates
to the school lunch program; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 3041 of Title 2, unless there is
created a duplication in numbering, reads as follows:
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The Oklahoma Department of Agriculture, Food, and Forestry
shall:
1. 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 act may be cited as the
"National School Lunch Act ", and said Oklahoma Department of
Agriculture, Food, and Forestry is hereby au thorized and directed to
accept the terms and provisions of said act and to enter into such
agreements, not in conflict with the Constitution of Oklahoma or the
Constitution and statutes of the United States, as may be necessary
or appropriate to secure fo r the State of Oklahoma the benefits of
the school lunch program established a nd referred to in said act;
2. Have authority to secure and administer the benefits of the
National School Lunch Act, Public Law 396 of the 79th Congress of
the United States, i n the State of Oklahoma and is hereby authorized
to employ or appoint and fix the compensation of such additional
officers or employees and to incur such expenses as may be necessary
for the accomplishment of the above purpose, administer the
distribution of any state funds appropriated by the Legislature
required as federal matchin g to reimburse on children 's meals; and
3. Have general supervision of the school lunch program. The
Oklahoma Department of Agriculture, Food, and Forestry may sponsor
workshops for personnel and participants in the school lunch program
and may develop, print, and distribute free of charge or sell any
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materials, books, and bulletins to be used in such school lunch
programs. There is hereby created in the State Treasury a revolv ing
fund for the Oklahoma Department of Agriculture, Food, and Forestry,
to be designated the "School Lunch 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 Okl ahoma
Department of Agriculture, Food, and Forestry, 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 such materials, books, and bulleti ns
related to the school lunch program. The fund shall be administered
in accordance with Section 155 of Title 62 of the Oklahoma Statutes.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3042 of Title 2, unless there is
created a duplication in numbering, reads as follows:
Funds appropriated to the Oklahoma Department of Agriculture,
Food, and Forestry for school lunch matching and the school lunch
program shall be apportioned by the Oklah oma Department of
Agriculture, Food, and Forestry to each school district for the
purpose of providing meals for children in compliance with the
National School Lunch Act and the Child Nutrition Act of 1966 and
Public Law 91-248, as they may hereafter be a mended or supplemented.
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SECTION 3. AMENDATORY 70 O.S. 2021, Section 3 -104, as
last amended by Section 2, Chapter 445, O.S.L. 2024 (70 O.S. Supp.
2024, 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 State 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 functions of the State Board of Education.
The secretary shall not be a membe r of the Board;
3. Submit to the Governor a departmental budget based upon
major functions of the Department as prepared by the Superintendent
of Public Instruction and supported by detailed data on needs and
proposed operations as partially determined by the budgetary needs
of local school districts filed with 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 genera l control, free
textbooks, school lunch, Indian education, and all
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other functions of the Board and an amount sufficient
to adequately staff and 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 functions 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 th e
Legislature a report for the year ending June 30 immediately
preceding the regular session of the Legislature. The report shall
contain:
a. detailed statistics and other information concerning
enrollment, attendance, expenditures 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 submitted by the
Superintendent of Public Instruction and any other
division, department, institution, or other agency
under the supervision of the Board,
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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 past 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 state as may be deemed necessary and
desirable;
5. Provide for the formulation and adoption of curricula,
courses of study, and other instructional aids necessary for the
adequate instruction of pupils in the public schools;
6. Have authority in matters pertaining to the licensure and
certification of persons for instructional, supervisory, and
administrative positio ns and services in the public schools of the
state subject to the provisions o f Section 6-184 of this title, and
shall formulate rules governing the issuance and revocation of
certificates for superintendents of schools, principals,
supervisors, librarians , clerical employees, school nurses, school
bus drivers, visiting teachers, classroom teachers, and for other
personnel performing instructional, administrative, and supervisory
services, but not including members of boards of education and other
employees who do not work directly with pupils, and may charge and
collect reasonable f ees for the issuance of such certificates:
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a. the State Department of Education shall not issue a
certificate to and shall revoke the certificate of any
person who has been convi cted, 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 th e offense involved sexual abuse
or sexual exploitation as those terms are defi ned 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,
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 sentence, 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 the laws, and
b. all funds collected by the State Department of
Education for the issuance of certificates to
instructional, supervisory, and adminis trative
personnel in the public schools of the state shall be
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deposited in the "Teachers' Certification Fund" in the
State Treasury and may be expended by the State Board
of Education to finance the activities of the State
Department of Education necessary to administer the
program, for consultative services, publication costs,
actual and necessary travel expenses as provided in
the State Travel Reimbursement Act incurred by persons
performing research work, and other expenses found
necessary by the State B oard of Education for the
improvement of the preparation and certification of
teachers in this state. Provided, any unobligated
balance in the Teachers ' 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 this state. Until July 1, 1997, the
State Board of Education shall have authority for
approval of teacher education programs. The State
Board of Education shall 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, inspection,
supervision, and accrediting of all public nursery, kindergarten,
elementary and secondary schools, and on -site educational services
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provided by public schoo l districts or state -accredited private
schools in partial hospitalization programs, day treatment programs,
and day hospital programs as defined in this section, Section 3 -
104.7 of this title, and Section 603.4 of Title 10 of the Oklahoma
Statutes 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 attendanc e.
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 receive
probationary accreditation from the State Board of Education for a
period of five (5) years after June 12, 1975, and any school
district, otherwise qualified, shall be entitled to receive
probationary accreditation from the State Board of Educatio n 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 agency funds shall not
be subjected to the 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
agencies even though they may be operating in the public sch ools of
the state. However, any of the Head Start or public nurseries or
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kindergartens operated under federal regulations may make
application for accrediting from the State Board of Education but
will be accredited only if application for the approval of the
programs is made. The status of no school district shall be changed
which will reduce it to a lower classification until due notice has
been given to the proper authorities thereof and an opportunity
given to correct the conditions which otherwise wo uld 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 association
is approved by the State Board of Education, by procedures
established by the State Board of Education to accept accreditation
by such accrediting association, if application is made to the State
Board of Education for such accrediting;
8. Be the legal agent of this state to accept, in its
discretion, the provisions of any Act of Congress appr opriating or
apportioning funds which are now, or may hereafter be, provided f or
use in connection with any phase of the system of public education
in Oklahoma. It shall prescribe such rules as it finds necessary to
provide for the proper distribution of such funds in accordance with
the state and federal laws;
9. Be and is specifically hereby designated as the agency of
this state to cooperate and deal with any officer, board, or
authority of the United States Government under any law of the
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United States which may require or recommend cooperation with any
state board having charg e of the administration of public schools
unless otherwise provided by law;
10. Be and is hereby designated as the "State Educational
Agency" referred to in Public Law 396 of th e 79th Congress of the
United States, which law states that the act may be cited as the
"National School Lunch Act ", and the State Board of Education is
hereby authorized and directed to accept the terms and provisions of
the act and to enter into such agr eements, not in conflict with the
Constitution of Oklahoma or the Constitution and Statutes of the
United States, as may be necessary or appropriate to secure for this
state the benefits of the school lunch program established and
referred to in the act;
11. Have authority to secure and administer the benefits of the
National School Lunch Act, Public Law 396 of the 79th Congress of
the United States, in this state and is hereby authorized to employ
or appoint and fix the compensation of such additional off icers or
employees and to incur such expenses as may be necessary for the
accomplishment of the above purpose, administer the distribution of
any state funds appropriated by the Legislature required as federal
matching to reimburse on children 's meals;
12. Accept and provide for the administration of any land,
money, buildings, gifts, donation, or other things of value which
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may be offered or bequeathed to the schools under the supervision or
control of the Board;
13. 11. Have authority to require person s having
administrative control of all school districts in Oklahoma to make
such regular and special reports regarding the activities of the
schools in the districts as the Board may deem needful for the
proper exercise of its duties and functions. Such a uthority 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 the Board and to revoke the
certificates of persons failing or refusing to make such reports ;
14. Have general supervision of the school lunch program. The
State Board of Education may sponsor workshops for personnel and
participants in the school lunch program and ma y develop, print, and
distribute free of charge or sell any materials, books, and
bulletins to be used in the school lunch programs. There is hereby
created in the State Treasury a revolving fund for the Board, to be
designated the "School Lunch 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 funds shall be disbursed for expe nses of such workshops and for
developing, printing, and distributing of the materials, books, and
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bulletins relating to the school lunch program. The fund shall be
administered in accordance with Section 155 of Title 62 of the
Oklahoma Statutes;
15. 12. Prescribe all forms for school district and 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 shall 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. 13. Provide for the establishment of a uniform sys tem of
pupil and personnel accounting, records, and reports;
17. 14. Have authority to provide for the health and safety of
school children and school personnel while under the jurisdiction of
school authorities;
18. 15. Provide for the supervision of the transportation of
pupils;
19. 16. 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. 17. Have authority and is hereby required to perform all
duties necessary to the administration of the public school system
in Oklahoma as specified in the Oklahoma School Code; and, in
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addition thereto, those duties not specifically mentioned herein if
not delegated by law to any other agency or official;
21. 18. Administer the State Public Common 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 b e 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 holdin g
of real estate by corporations, and capital gains on assets of the
permanent school funds, shall be deposited in the State Public
Common School Building Equalization Fund. The fund shall be used to
aid school districts and charter schools in acquiring b uildings,
subject to the limitations fixed by Section 32 of Article X of the
Oklahoma Constitution. It is hereby declared that redbud school
grants disbursed from the State Public Common School Building
Equalization Fund shall be used for the same purpose s as a building
fund, as provided for in Section 1 -118 of this title. 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 define d in subsection B of this
section. The State Board of Education shall disburs e redbud school
grants annually from the State Public Common School Building
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Equalization Fund to public schools and eligible charter schools
pursuant to subsection B of this sec tion. The Board shall
promulgate rules for the implementation of disbursing redbud school
grants pursuant to this section. The State Board of Education shall
prescribe rules for making grants of aid from, and for otherwise
administering, the fund pursuan t to the provisions of this
paragraph, and may employ and fix the duties and c ompensation of
technicians, aides, clerks, stenographers, attorneys, and other
personnel deemed necessary to carry out the provisions of this
paragraph. The cost of administerin g the fund shall be paid from
monies appropriated to the State Board of Education for the
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. 19. Recognize that the Director of the 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 the
State Board of Education; and
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23. 20. Have authority to administer a revolvin g fund which is
hereby created in the State Treasury, to be designated the
"Statistical Services Revolving Fund ". The fund shall consist of
all monies received from the various school districts of the state,
the United States Government, and other sources 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 enter into agreements with school
districts, municipalities, the United State s Government,
foundations, and other agencies or individuals for services,
programs, or research projects. The Statistical Services Revolving
Fund shall be administered in accor dance 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 fou r-mill revenue
for each school district,
b. determine the amount of new revenu e 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,
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c. add the amounts calculated 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 dai ly
membership in public schools statewide based on the
preceding school year 's average daily membership,
according to the provisions of Section 18 -107 of this
title. This amount is the statewide nonchargeable
millage per student, known as the baseline local
funding per student,
e. all eligible charter schools shall be included in
these calculations as unique school districts,
separate from the school district that may sponsor the
eligible charter school, and the total number of
districts shall be used to d etermine 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
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charter school to determine the nonchargeable millage
per student shortfall for each district, and
g. the nonchargeable millage per student shortfall for a
school district or eligi ble charter school shall be
multiplied by the average daily membership of the
preceding school year of the eligible school district
or eligible charter school. This amount shall be the
redbud school grant amount for the school district or
eligible charter school.
2. For fiscal year 2022, monies for the redbud school grants
shall be expended from the funds apportioned pursuant to Section 426
of Title 63 of the Oklahoma Statutes. For fiscal year 2023 and each
subsequent fiscal year, monies for the redbud s chool grants shall be
appropriated pursuant to Section 426 of Title 63 of the Oklahoma
Statutes, not to exceed three -fourths (3/4) of the tax collected in
the preceding fiscal ye ar pursuant to Section 426 of Title 63 of the
Oklahoma Statutes as determined by the Oklahoma Tax Commission. For
fiscal year 2023 and each subsequent fiscal year, if such
appropriated funds are insufficient to fund the redbud school
grants, then an addit ional apportionment of funds shall be made from
sales tax collections as provi ded by subsection D of Section 1353 of
Title 68 of the Oklahoma Statutes. If both funds are insufficient,
the Department shall promulgate rules to permit a decrease to the
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baseline local funding per student 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 Schools Act. P rovided, however, eligible
charter school shall not include a statewide virtua l charter school
sponsored by the Statewide Charter School Board but shall only
include those which provide in -person or blended instruction, as
provided by Section 1 -111 of this title, to not less than two -thirds
(2/3) of students as the primary means of instructional service
delivery.
4. The Department shall develop a program to acknowledge the
redbud school grant recipients and shall include elected members of
the House of Representatives and Senate who represent the school
districts and eligible charte r 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 in formation about the Redbud
School Funding Act.
6. The Department shall provide the chair of the House
Appropriations and Budget Committee and the chair of the Senate
Appropriations Committee no later than February 1 of each year with
an estimate of the up coming year's redbud school grant allocation as
prescribed by this section.
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SECTION 4. REPEALER 70 O.S. 2021, Section 3 -119, is
hereby repealed.
SECTION 5. This act shall become effective July 1, 2026.
60-1-10701 JL 12/06/24