Oklahoma 2025 Regular Session

Oklahoma House Bill HB1797 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 1797 By: Kerbs
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3838 AS INTRODUCED
3939
4040 An Act relating to agriculture; designating the
4141 Oklahoma Department of Agriculture, Food, and
4242 Forestry as the state educational agency ref erenced
4343 by the National School Lunch Act; providing that the
4444 Oklahoma Department of Agriculture, Food, and
4545 Forestry may secure and administer the benefits of
4646 the National School Lunch Act; directing the Oklahoma
4747 Department of Agriculture, Food, and Forestr y to
4848 provide general supervision of the school lunch
4949 program; creating the Sch ool Lunch Workshop Revolving
5050 Fund; providing for the allocation of funds for the
5151 school lunch program; amending 70 O.S. 2021, Section
5252 3-104, as last amended by Section 2, Chapter 445,
5353 O.S.L. 2024 (70 O.S. Supp. 2024, Section 3 -104),
5454 which relates to the State Board of Education 's
5555 powers and duties; removing the State Board of
5656 Education from overseeing and administering school
5757 lunch program under the National School Lunch Act;
5858 repealing 70 O.S. 2021, Section 3 -119, which relates
5959 to the school lunch program; providing for
6060 codification; and providing an effective date.
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6666 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6767 SECTION 1. NEW LAW A new se ction of law to be codified
6868 in the Oklahoma Statutes as Section 3041 of Title 2, unless there is
6969 created a duplication in numbering, reads as follows:
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9696 The Oklahoma Department of Agriculture, Food, and Forestry
9797 shall:
9898 1. Be and is hereby designated as the "State Educational
9999 Agency" referred to in Public Law 396 of the 79th Congress of the
100100 United States, which law states that said act may be cited as the
101101 "National School Lunch Act ", and said Oklahoma Department of
102102 Agriculture, Food, and Forestry is hereby au thorized and directed to
103103 accept the terms and provisions of said act and to enter into such
104104 agreements, not in conflict with the Constitution of Oklahoma or the
105105 Constitution and statutes of the United States, as may be necessary
106106 or appropriate to secure fo r the State of Oklahoma the benefits of
107107 the school lunch program established a nd referred to in said act;
108108 2. Have authority to secure and administer the benefits of the
109109 National School Lunch Act, Public Law 396 of the 79th Congress of
110110 the United States, i n the State of Oklahoma and is hereby authorized
111111 to employ or appoint and fix the compensation of such additional
112112 officers or employees and to incur such expenses as may be necessary
113113 for the accomplishment of the above purpose, administer the
114114 distribution of any state funds appropriated by the Legislature
115115 required as federal matchin g to reimburse on children 's meals; and
116116 3. Have general supervision of the school lunch program. The
117117 Oklahoma Department of Agriculture, Food, and Forestry may sponsor
118118 workshops for personnel and participants in the school lunch program
119119 and may develop, print, and distribute free of charge or sell any
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146146 materials, books, and bulletins to be used in such school lunch
147147 programs. There is hereby created in the State Treasury a revolv ing
148148 fund for the Oklahoma Department of Agriculture, Food, and Forestry,
149149 to be designated the "School Lunch Workshop Revolving Fund ". The
150150 fund shall consist of all fees derived from or on behalf of any
151151 participant in any such workshop sponsored by the Okl ahoma
152152 Department of Agriculture, Food, and Forestry, or from the sale of
153153 any materials, books, and bulletins, and such funds shall be
154154 disbursed for expenses of such workshops and for developing,
155155 printing, and distributing such materials, books, and bulleti ns
156156 related to the school lunch program. The fund shall be administered
157157 in accordance with Section 155 of Title 62 of the Oklahoma Statutes.
158158 SECTION 2. NEW LAW A new section of law to be codified
159159 in the Oklahoma Statutes as Section 3042 of Title 2, unless there is
160160 created a duplication in numbering, reads as follows:
161161 Funds appropriated to the Oklahoma Department of Agriculture,
162162 Food, and Forestry for school lunch matching and the school lunch
163163 program shall be apportioned by the Oklah oma Department of
164164 Agriculture, Food, and Forestry to each school district for the
165165 purpose of providing meals for children in compliance with the
166166 National School Lunch Act and the Child Nutrition Act of 1966 and
167167 Public Law 91-248, as they may hereafter be a mended or supplemented.
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194194 SECTION 3. AMENDATORY 70 O.S. 2021, Section 3 -104, as
195195 last amended by Section 2, Chapter 445, O.S.L. 2024 (70 O.S. Supp.
196196 2024, Section 3-104), is amended to read as follows:
197197 Section 3-104. A. The supervision of the public school system
198198 of Oklahoma shall be vested in the State Board of Education and,
199199 subject to limitations otherwise provided by law, the State Board of
200200 Education shall:
201201 1. Adopt policies and make rules for the operation of the
202202 public school system of the state;
203203 2. Appoint, prescribe the duties, and fix the compensation of a
204204 secretary, an attorney, and all other personnel necessary for the
205205 proper performance of the functions of the State Board of Education.
206206 The secretary shall not be a membe r of the Board;
207207 3. Submit to the Governor a departmental budget based upon
208208 major functions of the Department as prepared by the Superintendent
209209 of Public Instruction and supported by detailed data on needs and
210210 proposed operations as partially determined by the budgetary needs
211211 of local school districts filed with the State Board of Education
212212 for the ensuing fiscal year. Appropriations therefor shall be made
213213 in lump-sum form for each major item in the budget as follows:
214214 a. State Aid to schools,
215215 b. the supervision of all other functions of general and
216216 special education including genera l control, free
217217 textbooks, school lunch, Indian education, and all
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244244 other functions of the Board and an amount sufficient
245245 to adequately staff and administer these services, and
246246 c. the Board shall determine the details by which the
247247 budget and the appropriations are administered.
248248 Annually, the Board shall make preparations to
249249 consolidate all of the functions of the Department in
250250 such a way that the budget can be based on two items,
251251 administration and aid to schools. A maximum amount
252252 for administration shall be designated as a part of
253253 the total appropriation;
254254 4. On the first day of December preceding each regular session
255255 of the Legislature, prepare and deliver to the Governor and th e
256256 Legislature a report for the year ending June 30 immediately
257257 preceding the regular session of the Legislature. The report shall
258258 contain:
259259 a. detailed statistics and other information concerning
260260 enrollment, attendance, expenditures including State
261261 Aid, and other pertinent data for all public schools
262262 in this state,
263263 b. reports from each and every division within the State
264264 Department of Education as submitted by the
265265 Superintendent of Public Instruction and any other
266266 division, department, institution, or other agency
267267 under the supervision of the Board,
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294294 c. recommendations for the improvement of the public
295295 school system of the state,
296296 d. a statement of the receipts and expenditures of the
297297 State Board of Education for the past year, and
298298 e. a statement of plans and recommendations for the
299299 management and improvement of public schools and such
300300 other information relating to the educational
301301 interests of the state as may be deemed necessary and
302302 desirable;
303303 5. Provide for the formulation and adoption of curricula,
304304 courses of study, and other instructional aids necessary for the
305305 adequate instruction of pupils in the public schools;
306306 6. Have authority in matters pertaining to the licensure and
307307 certification of persons for instructional, supervisory, and
308308 administrative positio ns and services in the public schools of the
309309 state subject to the provisions o f Section 6-184 of this title, and
310310 shall formulate rules governing the issuance and revocation of
311311 certificates for superintendents of schools, principals,
312312 supervisors, librarians , clerical employees, school nurses, school
313313 bus drivers, visiting teachers, classroom teachers, and for other
314314 personnel performing instructional, administrative, and supervisory
315315 services, but not including members of boards of education and other
316316 employees who do not work directly with pupils, and may charge and
317317 collect reasonable f ees for the issuance of such certificates:
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344344 a. the State Department of Education shall not issue a
345345 certificate to and shall revoke the certificate of any
346346 person who has been convi cted, whether upon a verdict
347347 or plea of guilty or upon a plea of nolo contendere,
348348 or received a suspended sentence or any probationary
349349 term for a crime or an attempt to commit a crime
350350 provided for in Section 843.5 of Title 21 of the
351351 Oklahoma Statutes if th e offense involved sexual abuse
352352 or sexual exploitation as those terms are defi ned in
353353 Section 1-1-105 of Title 10A of the Oklahoma Statutes,
354354 Section 741, 843.1, if the offense included sexual
355355 abuse or sexual exploitation, 865 et seq., 885, 888,
356356 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
357357 1111.1, 1114, or 1123 of Title 21 of the Oklahoma
358358 Statutes or who enters this state and who has been
359359 convicted, received a suspended sentence, or received
360360 a deferred judgment for a crime or attempted crime
361361 which, if committed or attempted in this state, would
362362 be a crime or an attempt to commit a crime provided
363363 for in any of the laws, and
364364 b. all funds collected by the State Department of
365365 Education for the issuance of certificates to
366366 instructional, supervisory, and adminis trative
367367 personnel in the public schools of the state shall be
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394394 deposited in the "Teachers' Certification Fund" in the
395395 State Treasury and may be expended by the State Board
396396 of Education to finance the activities of the State
397397 Department of Education necessary to administer the
398398 program, for consultative services, publication costs,
399399 actual and necessary travel expenses as provided in
400400 the State Travel Reimbursement Act incurred by persons
401401 performing research work, and other expenses found
402402 necessary by the State B oard of Education for the
403403 improvement of the preparation and certification of
404404 teachers in this state. Provided, any unobligated
405405 balance in the Teachers ' Certification Fund in excess
406406 of Ten Thousand Dollars ($10,000.00) on June 30 of any
407407 fiscal year shall be transferred to the General
408408 Revenue Fund of this state. Until July 1, 1997, the
409409 State Board of Education shall have authority for
410410 approval of teacher education programs. The State
411411 Board of Education shall also have authority for the
412412 administration of teacher residency and professional
413413 development, subject to the provisions of the Oklahoma
414414 Teacher Preparation Act;
415415 7. Promulgate rules governing the classification, inspection,
416416 supervision, and accrediting of all public nursery, kindergarten,
417417 elementary and secondary schools, and on -site educational services
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444444 provided by public schoo l districts or state -accredited private
445445 schools in partial hospitalization programs, day treatment programs,
446446 and day hospital programs as defined in this section, Section 3 -
447447 104.7 of this title, and Section 603.4 of Title 10 of the Oklahoma
448448 Statutes for persons between the ages of three (3) and twenty -one
449449 (21) years of age in the state. However, no school shall be denied
450450 accreditation solely on the basis of average daily attendanc e.
451451 Any school district which maintains an elementary school and
452452 faces the necessity of relocating its school facilities because of
453453 construction of a lake, either by state or federal authority, which
454454 will inundate the school facilities, shall be entitled to receive
455455 probationary accreditation from the State Board of Education for a
456456 period of five (5) years after June 12, 1975, and any school
457457 district, otherwise qualified, shall be entitled to receive
458458 probationary accreditation from the State Board of Educatio n for a
459459 period of two (2) consecutive years to attain the minimum average
460460 daily attendance. The Head Start and public nurseries or
461461 kindergartens operated from community action agency funds shall not
462462 be subjected to the accrediting rules of the State Board of
463463 Education. Neither will the State Board of Education make rules
464464 affecting the operation of the public nurseries and kindergartens
465465 operated from federal funds secured through community action
466466 agencies even though they may be operating in the public sch ools of
467467 the state. However, any of the Head Start or public nurseries or
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494494 kindergartens operated under federal regulations may make
495495 application for accrediting from the State Board of Education but
496496 will be accredited only if application for the approval of the
497497 programs is made. The status of no school district shall be changed
498498 which will reduce it to a lower classification until due notice has
499499 been given to the proper authorities thereof and an opportunity
500500 given to correct the conditions which otherwise wo uld be the cause
501501 of such reduction.
502502 Private and parochial schools may be accre dited and classified
503503 in like manner as public schools or, if an accrediting association
504504 is approved by the State Board of Education, by procedures
505505 established by the State Board of Education to accept accreditation
506506 by such accrediting association, if application is made to the State
507507 Board of Education for such accrediting;
508508 8. Be the legal agent of this state to accept, in its
509509 discretion, the provisions of any Act of Congress appr opriating or
510510 apportioning funds which are now, or may hereafter be, provided f or
511511 use in connection with any phase of the system of public education
512512 in Oklahoma. It shall prescribe such rules as it finds necessary to
513513 provide for the proper distribution of such funds in accordance with
514514 the state and federal laws;
515515 9. Be and is specifically hereby designated as the agency of
516516 this state to cooperate and deal with any officer, board, or
517517 authority of the United States Government under any law of the
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544544 United States which may require or recommend cooperation with any
545545 state board having charg e of the administration of public schools
546546 unless otherwise provided by law;
547547 10. Be and is hereby designated as the "State Educational
548548 Agency" referred to in Public Law 396 of th e 79th Congress of the
549549 United States, which law states that the act may be cited as the
550550 "National School Lunch Act ", and the State Board of Education is
551551 hereby authorized and directed to accept the terms and provisions of
552552 the act and to enter into such agr eements, not in conflict with the
553553 Constitution of Oklahoma or the Constitution and Statutes of the
554554 United States, as may be necessary or appropriate to secure for this
555555 state the benefits of the school lunch program established and
556556 referred to in the act;
557557 11. Have authority to secure and administer the benefits of the
558558 National School Lunch Act, Public Law 396 of the 79th Congress of
559559 the United States, in this state and is hereby authorized to employ
560560 or appoint and fix the compensation of such additional off icers or
561561 employees and to incur such expenses as may be necessary for the
562562 accomplishment of the above purpose, administer the distribution of
563563 any state funds appropriated by the Legislature required as federal
564564 matching to reimburse on children 's meals;
565565 12. Accept and provide for the administration of any land,
566566 money, buildings, gifts, donation, or other things of value which
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593593 may be offered or bequeathed to the schools under the supervision or
594594 control of the Board;
595595 13. 11. Have authority to require person s having
596596 administrative control of all school districts in Oklahoma to make
597597 such regular and special reports regarding the activities of the
598598 schools in the districts as the Board may deem needful for the
599599 proper exercise of its duties and functions. Such a uthority shall
600600 include the right of the State Board of Education to withhold all
601601 state funds under its control, to withhold official recognition
602602 including accrediting, until such required reports have been filed
603603 and accepted in the office of the Board and to revoke the
604604 certificates of persons failing or refusing to make such reports ;
605605 14. Have general supervision of the school lunch program. The
606606 State Board of Education may sponsor workshops for personnel and
607607 participants in the school lunch program and ma y develop, print, and
608608 distribute free of charge or sell any materials, books, and
609609 bulletins to be used in the school lunch programs. There is hereby
610610 created in the State Treasury a revolving fund for the Board, to be
611611 designated the "School Lunch Workshop Revolving Fund". The fund
612612 shall consist of all fees derived from or on behalf of any
613613 participant in any such workshop sponsored by the State Board of
614614 Education, or from the sale of any materials, books, and bulletins,
615615 and funds shall be disbursed for expe nses of such workshops and for
616616 developing, printing, and distributing of the materials, books, and
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643643 bulletins relating to the school lunch program. The fund shall be
644644 administered in accordance with Section 155 of Title 62 of the
645645 Oklahoma Statutes;
646646 15. 12. Prescribe all forms for school district and county
647647 officers to report to the State Board of Education where required.
648648 The State Board of Education shall also prescribe a list of
649649 appropriation accounts by which the funds of school districts shall
650650 be budgeted, accounted for, and expended; and it shall be the duty
651651 of the State Auditor and Inspector in prescribing all budgeting,
652652 accounting, and reporting forms for school funds to conform to such
653653 lists;
654654 16. 13. Provide for the establishment of a uniform sys tem of
655655 pupil and personnel accounting, records, and reports;
656656 17. 14. Have authority to provide for the health and safety of
657657 school children and school personnel while under the jurisdiction of
658658 school authorities;
659659 18. 15. Provide for the supervision of the transportation of
660660 pupils;
661661 19. 16. Have authority, upon request of the local school
662662 board, to act in behalf of the public schools of the state in the
663663 purchase of transportation equipment;
664664 20. 17. Have authority and is hereby required to perform all
665665 duties necessary to the administration of the public school system
666666 in Oklahoma as specified in the Oklahoma School Code; and, in
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693693 addition thereto, those duties not specifically mentioned herein if
694694 not delegated by law to any other agency or official;
695695 21. 18. Administer the State Public Common School Building
696696 Equalization Fund established by Section 32 of Article X of the
697697 Oklahoma Constitution. Any monies as may be appropriated or
698698 designated by the Legislature, other than ad valorem taxes, any
699699 other funds identified by the State Department of Education, which
700700 may include, but not b e limited to, grants -in-aid from the federal
701701 government for building purposes, the proceeds of all property that
702702 shall fall to the state by escheat, penalties for unlawful holdin g
703703 of real estate by corporations, and capital gains on assets of the
704704 permanent school funds, shall be deposited in the State Public
705705 Common School Building Equalization Fund. The fund shall be used to
706706 aid school districts and charter schools in acquiring b uildings,
707707 subject to the limitations fixed by Section 32 of Article X of the
708708 Oklahoma Constitution. It is hereby declared that redbud school
709709 grants disbursed from the State Public Common School Building
710710 Equalization Fund shall be used for the same purpose s as a building
711711 fund, as provided for in Section 1 -118 of this title. It is hereby
712712 declared that the term "school districts" as used in Section 32 of
713713 Article X of the Oklahoma Constitution shall mean school districts
714714 and eligible charter schools as define d in subsection B of this
715715 section. The State Board of Education shall disburs e redbud school
716716 grants annually from the State Public Common School Building
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743743 Equalization Fund to public schools and eligible charter schools
744744 pursuant to subsection B of this sec tion. The Board shall
745745 promulgate rules for the implementation of disbursing redbud school
746746 grants pursuant to this section. The State Board of Education shall
747747 prescribe rules for making grants of aid from, and for otherwise
748748 administering, the fund pursuan t to the provisions of this
749749 paragraph, and may employ and fix the duties and c ompensation of
750750 technicians, aides, clerks, stenographers, attorneys, and other
751751 personnel deemed necessary to carry out the provisions of this
752752 paragraph. The cost of administerin g the fund shall be paid from
753753 monies appropriated to the State Board of Education for the
754754 operation of the State Department of Education. From monies
755755 apportioned to the fund, the State Department of Education may
756756 reserve not more than one -half of one percent (1/2 of 1%) for
757757 purposes of administering the fund;
758758 22. 19. Recognize that the Director of the Department of
759759 Corrections shall be the administrative authority for the schools
760760 which are maintained in the state reformatories and shall appoint
761761 the principals and teachers in such schools. Provided, that rules
762762 of the State Board of Education for the classification, inspection,
763763 and accreditation of public schools shall be applicable to such
764764 schools; and such schools shall comply with standards set by the
765765 State Board of Education; and
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792792 23. 20. Have authority to administer a revolvin g fund which is
793793 hereby created in the State Treasury, to be designated the
794794 "Statistical Services Revolving Fund ". The fund shall consist of
795795 all monies received from the various school districts of the state,
796796 the United States Government, and other sources for the purpose of
797797 furnishing or financing statistical services and for any other
798798 purpose as designated by the Legislature. The State Board of
799799 Education is hereby authorized to enter into agreements with school
800800 districts, municipalities, the United State s Government,
801801 foundations, and other agencies or individuals for services,
802802 programs, or research projects. The Statistical Services Revolving
803803 Fund shall be administered in accor dance with Section 155 of Title
804804 62 of the Oklahoma Statutes.
805805 B. 1. The redbud school grants shall be determined by the
806806 State Department of Education as follows:
807807 a. divide the county four -mill levy revenue by four to
808808 determine the nonchargeable county fou r-mill revenue
809809 for each school district,
810810 b. determine the amount of new revenu e generated by the
811811 five-mill building fund levy as authorized by Section
812812 10 of Article X of the Oklahoma Constitution for each
813813 school district as reported in the Oklahoma Cost
814814 Accounting System for the preceding fiscal year,
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841841 c. add the amounts calculated in subparagraphs a and b of
842842 this paragraph to determine the nonchargeable millage
843843 for each school district,
844844 d. add the nonchargeable millage in each district
845845 statewide as calculat ed in subparagraph c of this
846846 paragraph and divide the total by the average dai ly
847847 membership in public schools statewide based on the
848848 preceding school year 's average daily membership,
849849 according to the provisions of Section 18 -107 of this
850850 title. This amount is the statewide nonchargeable
851851 millage per student, known as the baseline local
852852 funding per student,
853853 e. all eligible charter schools shall be included in
854854 these calculations as unique school districts,
855855 separate from the school district that may sponsor the
856856 eligible charter school, and the total number of
857857 districts shall be used to d etermine the statewide
858858 average baseline local funding per student,
859859 f. for each school district or eligible charter school
860860 which is below the baseline local funding per student,
861861 the Department shall subtract the baseline local
862862 funding per student from the average nonchargeable
863863 millage per student of the school district or eligible
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890890 charter school to determine the nonchargeable millage
891891 per student shortfall for each district, and
892892 g. the nonchargeable millage per student shortfall for a
893893 school district or eligi ble charter school shall be
894894 multiplied by the average daily membership of the
895895 preceding school year of the eligible school district
896896 or eligible charter school. This amount shall be the
897897 redbud school grant amount for the school district or
898898 eligible charter school.
899899 2. For fiscal year 2022, monies for the redbud school grants
900900 shall be expended from the funds apportioned pursuant to Section 426
901901 of Title 63 of the Oklahoma Statutes. For fiscal year 2023 and each
902902 subsequent fiscal year, monies for the redbud s chool grants shall be
903903 appropriated pursuant to Section 426 of Title 63 of the Oklahoma
904904 Statutes, not to exceed three -fourths (3/4) of the tax collected in
905905 the preceding fiscal ye ar pursuant to Section 426 of Title 63 of the
906906 Oklahoma Statutes as determined by the Oklahoma Tax Commission. For
907907 fiscal year 2023 and each subsequent fiscal year, if such
908908 appropriated funds are insufficient to fund the redbud school
909909 grants, then an addit ional apportionment of funds shall be made from
910910 sales tax collections as provi ded by subsection D of Section 1353 of
911911 Title 68 of the Oklahoma Statutes. If both funds are insufficient,
912912 the Department shall promulgate rules to permit a decrease to the
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939939 baseline local funding per student to the highest amount allowed
940940 with the funding available.
941941 3. As used in this section, "eligible charter school " shall
942942 mean a charter school which is sponsored pursuant to the provisions
943943 of the Oklahoma Charter Schools Act. P rovided, however, eligible
944944 charter school shall not include a statewide virtua l charter school
945945 sponsored by the Statewide Charter School Board but shall only
946946 include those which provide in -person or blended instruction, as
947947 provided by Section 1 -111 of this title, to not less than two -thirds
948948 (2/3) of students as the primary means of instructional service
949949 delivery.
950950 4. The Department shall develop a program to acknowledge the
951951 redbud school grant recipients and shall include elected members of
952952 the House of Representatives and Senate who represent the school
953953 districts and eligible charte r schools.
954954 5. The Department shall create a dedicated page on its website
955955 listing annual redbud school grant recipients, amount awarded to
956956 each recipient, and other pertinent in formation about the Redbud
957957 School Funding Act.
958958 6. The Department shall provide the chair of the House
959959 Appropriations and Budget Committee and the chair of the Senate
960960 Appropriations Committee no later than February 1 of each year with
961961 an estimate of the up coming year's redbud school grant allocation as
962962 prescribed by this section.
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989989 SECTION 4. REPEALER 70 O.S. 2021, Section 3 -119, is
990990 hereby repealed.
991991 SECTION 5. This act shall become effective July 1, 2026.
992992
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994994 60-1-10701 JL 12/06/24