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Oklahoma House Bill HB1941

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1941 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
3131
3232 HOUSE BILL 1941 By: Woolley
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3838 AS INTRODUCED
3939
4040 An Act relating to school superintendent elections;
4141 prescribing day and year of general elections for
4242 school superintendents; prescribin g day and year of
4343 primaries for school superintendents; specifying
4444 ballot procedures for certain number of candidates;
4545 requiring a candidate to be elected based on primary
4646 results under certain circumstances; providing filing
4747 procedures, requirements, and locations for
4848 declarations of candidacy; establishing candidacy
4949 eligibility requirements; providing voting
5050 registration requirements; requiring local boards of
5151 education to deliver resolution regarding school
5252 superintendent vacancies; specifying resolution
5353 content; prescribing resolution filing periods;
5454 requiring local boards of education to publish notice
5555 and news release of certain elections; construing
5656 publication and news release requirements; clarifying
5757 how boards can fulfill the resolutions and notice s
5858 requirements; establishing term for school
5959 superintendent vacancies; providi ng notification,
6060 declaration, and election processes for vacancies;
6161 allowing appointment by the local board for certain
6262 unfilled vacancies; requiring public comment period
6363 before filling certain vacancies; providing term for
6464 certain appointed vacancies; amending 70 O.S. 2021,
6565 Section 5-106, which relates to the governing body of
6666 a school district; changing reference from appointed
6767 superintendents to elected superintendents;
6868 eliminating reference to board -directed duties;
6969 clarifying duties of elected superin tendents;
7070 eliminating provisions related to contractual
7171 agreements; providing compensation requirements for
7272 elected superintendents; allowing two or more school
7373 districts to vote for a shared agreement for certain
7474 superintendents; allowing local boards to discontinue
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101101 shared agreements under certain circumstances;
102102 establishing notification and procedural requirements
103103 for discontinuance; amending 70 O.S. 2021, Section 5 -
104104 106A, which relates to employment contracts of
105105 multiple school districts; eliminating refe rences to
106106 superintendents; prohibiting certain employees or
107107 relatives from being eligible to run for school
108108 superintendent; providing exemptions to eligibility
109109 prohibitions; amending 70 O.S. 2021, Section 5 -117,
110110 which relates to local boards of education powers and
111111 duties; clarifying references; eliminating references
112112 to contractual superintendents; requiring elected
113113 superintendents to be recognized as certified
114114 administrators for their term of office; providing
115115 for codification; providing an effective date ; and
116116 declaring an emergency.
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121121 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
122122 SECTION 1. NEW LAW A new section of law to be codified
123123 in the Oklahoma Statutes as Section 13A -103.1 of Title 26, unless
124124 there is created a duplication in numbering, reads as follows:
125125 A. The general election of the superintendent of schools of
126126 every school district shall be conducted on the first Tuesday after
127127 the first Monday of November in each even -numbered year beginning in
128128 2028.
129129 B. The primary election of the superintendent of schools of
130130 every school district, if necessary, shall be conducted on the
131131 fourth Tuesday of August in each even -numbered year beginni ng in
132132 2028.
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159159 C. If only two candidates qualify to have their names appear on
160160 the ballot, the names of both candidates shall appear on the ballot
161161 at the superintendent of schools general election.
162162 D. If more than two candidates qualify to have their names
163163 appear on the ballot, the names of all such candidates shall appear
164164 on the ballot at the superintendent of schools primary election. A
165165 candidate receiving more than fifty percent (50%) of the votes cast
166166 in the superintendent of schools primary election sh all be elected
167167 to the office. If no candidate receives more than fifty percent
168168 (50%) of the votes cast in the superintendent of schools primary
169169 election, then the two candidates with the highest number of votes
170170 shall appear on the ballot at the superinten dent of schools general
171171 election.
172172 SECTION 2. NEW LAW A new section of law to be codified
173173 in the Oklahoma Statutes as Section 13A -105.1 of Title 26, unless
174174 there is created a duplication in numbering, reads as follows:
175175 A. Candidates for superintendent of schools of every school
176176 district shall file declarations of candidacy in the same place and
177177 with the same officials as candidates for county office. The
178178 declaration of candidacy to be signed by the candidate shall have an
179179 attachment to be signed by the candidate listing the requirements of
180180 a candidate for election or reelection to as superintendent of
181181 schools for the district, pursuant to Sections 3 and 8 of this act
182182 and Section 5-105a of Title 26 of the Oklahoma Statutes, or any
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209209 succeeding statute, and the candidate shall swear or affirm that he
210210 or she is eligible to run for the office or serve in the office if
211211 elected. Candidates may file on the first Monday in December and
212212 shall file no later than the following Wednesday.
213213 B. Candidates for a superintendent of schools office in a
214214 special election shall file on a Monday and shall file no later than
215215 the following Wednesday that is at least ten (10) days after the
216216 seat has been declared vacant. For school districts located in more
217217 than one county, filing may be either in the county wherein
218218 supervision of the district is located or in the county where the
219219 candidate resides. For school districts that agree to jointly elect
220220 a single superintendent to serve them as a group, pursuant to
221221 Section 5-106 of Title 70 or any succeeding statute, located in more
222222 than one county, filing shall be in the county where the candidate
223223 resides; provided the candidates resident address is within one of
224224 the participating districts.
225225 SECTION 3. NEW LAW A new section of law to be codified
226226 in the Oklahoma Statutes as Section 13A -106.1 of Title 26, unless
227227 there is created a duplication in numbering, reads as follows:
228228 A. To be eligible to be a candidate for superintendent of
229229 schools of a school district, a person shall have resided in that
230230 district for at least six (6) months preceding the first day of the
231231 filing period, pursuant to Section 2 of this act or any succeeding
232232 statute, and have been a registered voter registered with the county
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259259 election board at an address located within the geographical
260260 boundaries of the district for six (6) months preceding the first
261261 day of the filing period.
262262 B. To be eligible to vote in a superintendent of schools
263263 election, a person shall be registered with the county election
264264 board at an address located within the geographical bounda ries of
265265 the district.
266266 C. To be eligible to vote in a superintendent of schools
267267 election under a superintendent sharing agreement allowed under
268268 Section 5-106 of Title 70 or any s ucceeding statute, a person shall
269269 be registered with the county election board at an address located
270270 within the geographical boundaries of one of the participating
271271 districts.
272272 SECTION 4. NEW LAW A new section of law to be codified
273273 in the Oklahoma Statutes as Section 13A -109.1 of Title 26, unless
274274 there is created a duplication in numbering, reads as follows:
275275 A. The board of education of every school district shall
276276 notify, by resolution, the secretary of the county election board
277277 responsible for certifying its election of any regular or special
278278 election needed to fill the office of superintendent of schools.
279279 B. The resolution calling for an election shall include, but
280280 shall not be limited to, the following information:
281281 1. Date or dates of the election;
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308308 2. Identification of the office , to be filled, qualificati ons
309309 of candidates for office , and the length of term;
310310 3. Information describing the persons eligible to vote in the
311311 election; and
312312 4. All other information necessary for conduct ing the election.
313313 C. Resolutions calling for regular elections shall be delivered
314314 to the secretary of the county election board no fewer than fifteen
315315 (15) days preceding the first day of the filing period established
316316 in Section 2 of this act or any succee ding statute. The resolution
317317 shall contain all questions to be voted upon at the election to be
318318 held on the day as required in Section 1 of this act or any
319319 succeeding statute.
320320 D. Resolutions calling for special elections shall be delivered
321321 to the secretary of the county election board no fewer than sixty
322322 (60) days preceding the election. A special filing period, if
323323 necessary, shall be scheduled for three (3) days and shall begin not
324324 more than twenty (20) days following the date the resolution is
325325 required to be submitted to the county election board.
326326 E. 1. The board of education of every school district shall
327327 publish a legal notice for each regular and special election in one
328328 issue of a legal newspaper of the county, as defined by Section 106
329329 of Title 25 of the Oklahoma Statutes or any succeeding statute, in
330330 the county wherein the school district administrative office is
331331 located at least ten (10) days prior to the filing period. The
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358358 board of education of every school district shall also issue a news
359359 release of the upcoming filing period and election to a newspaper of
360360 general circulation in the county wherein the school district
361361 administrative office is located. The legal notice and press
362362 release shall include, but shall not be limited to, the dates of th e
363363 filing period for the election or elections for the office of
364364 superintendent of schools. The notice shall also be posted at the
365365 school district administrative offices and county election board
366366 offices.
367367 2. If the notice includes a vacancy declaration on the board of
368368 education of a school district as provided for in Section 5 of t his
369369 act or any succeeding statute, the notice shall also be posted on
370370 the school district’s website and distributed via email to parents
371371 and legal guardians of students enrolled in the district.
372372 F. All resolutions and notices required by this section shall
373373 be included in the resolutions and notices required in Section 13A -
374374 109 of Title 26 of the Oklahoma Statutes or any succeeding statute.
375375 The requirements of this section that a re fulfilled by such
376376 inclusion shall be considered to have been met. The provision in
377377 subsection E of this section shall not be considered to have been
378378 met unless Section 13A -109 of Title 26 of the Oklahoma Statutes or
379379 any succeeding statute is changed to include the same provision.
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406406 SECTION 5. NEW LAW A new section of law to be codified
407407 in the Oklahoma Statutes as Section 13A -110.1 of Title 26, unless
408408 there is created a duplication in numbering, reads as follows:
409409 A. Vacancies for superintendent of schools of every school
410410 district shall be filled by an elect ion for the balance of the
411411 unexpired term. A district discontinuing a superintendent sharing
412412 agreement established by Section 5 -106 of Title 70 of the Oklahoma
413413 Statutes or any succeeding statute shall not be considered as having
414414 a vacancy. The superintendent of schools for such a district shall
415415 be elected during the next primary or general superintendent of
416416 schools election pursuant to Section 1 of this act or any succeeding
417417 statute.
418418 B. Except as provided for in subsection D of this section, upon
419419 notification of a vacancy for the office of superintendent of
420420 schools, the board of education shall make a vacancy declaration at
421421 its next regularly scheduled meeting, set the filing da tes for
422422 declarations of candidacy, and adopt the resolution calling for a
423423 regular or special election as provided for in Section 4 of this act
424424 or any succeeding statutes. If the vacancy is declared within the
425425 first fourteen (14) days of November, the boar d of education shall
426426 use the regular election process provided for in subsecti on A of
427427 Section 1 of this act, or any succeeding statute, to fill the
428428 office. If the vacancy is declared at any other time of the year,
429429 the board of education shall call for a s pecial election as provided
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456456 for in subsection C of Section 1 of this act or any succeeding
457457 statute and Section 4 of this act or any succeeding statute. The
458458 special election shall be called on a date established by subsection
459459 B of Section 3-101 of Title 26 of the Oklahoma Statutes or any
460460 succeeding statute, and the special filing pe riod shall be scheduled
461461 as required in subsection D of Section 4 of this act or any
462462 succeeding statute. Persons elected to fill unexpired terms shall
463463 begin those terms at the ne xt regular meeting of the board of
464464 education following the election.
465465 C. If, after the filing period is closed , no candidate for
466466 superintendent of schools has filed and therefore a vacancy is
467467 created, the vacancy shall be filled by appointment by the board of
468468 education; provided, that person appointed by the board meets all
469469 the same requirements of a candidate filing to run for election to
470470 the office. Prior to holding a meeting to fill a vacancy as
471471 required by this subsection, the board of education shall provide a
472472 fourteen-day public comment period during which interested parties
473473 may submit comments via email or on a form provided on the school
474474 district’s website. Additionally, prior to the discussion and
475475 possible vote to fill a vacancy as required by thi s subsection, the
476476 board of education shall provide for an in -person public comment
477477 period, subject to reasonable time limitations. Persons appointed
478478 to fill vacancies as provided for in this subsection shall be
479479 eligible to serve only for the balance of th e term.
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506506 SECTION 6. AMENDATORY 70 O.S. 2021, Section 5 -106, is
507507 amended to read as follows:
508508 Section 5-106. A. The governing board of each school district
509509 in Oklahoma is hereby designated and shall hereafter be known as the
510510 board of education of such district. Except as otherwise provided
511511 in this section, the superintendent of schools appointed and
512512 employed by the board elected pursuant to Section 1 of this act or
513513 any succeeding statute shall be the executive officer of the board
514514 and shall perform all executive duties as the board directs needed
515515 to enforce all education -related law in the district under the
516516 Constitution of the United States, the Constitution of the State of
517517 Oklahoma, the laws and regulations of the United States, th e laws
518518 and regulations of the State of Oklahoma, and policies of the local
519519 board of education.
520520 B. The board may contract with a superintendent for a term as
521521 mutually agreed upon but not to exceed three (3) years beyond the
522522 fiscal year in which the contrac t is approved by the board and
523523 accepted by the superintendent. The contract shall include all
524524 other terms and conditions as agreed upon in writing by the board
525525 and the superintendent
526526 1. The annual compensation including salary for the
527527 superintendent of schools, shall be, set on or before every fourth
528528 Tuesday of August in each odd number year by the local board of
529529 education.
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556556 2. The compensation for the superintendent of schools
557557 established by the local board of education shall neither increase
558558 nor decrease more than five percent (5%) in total value, adjusted
559559 for inflation, during the biannual setting of compensation for the
560560 office of superintendent of schools of the district. The
561561 compensation for the superintendent of schools may be reduced in
562562 excess of five percent (5%) if the school district experiences a
563563 budget shortfall of more than five percent (5%) adjusted for
564564 inflation.
565565 C. The boards of two or more school districts may contract with
566566 one superintendent to serve as superintendent of the school
567567 districts as provided in Section 4 of this act vote at regularly
568568 scheduled meetings to enter into a superintendent sharing agreement
569569 where a single superintendent of schools shall be elected to serve
570570 their districts, pursuant to Section 1 of this act or any suc ceeding
571571 statute. The compensation for the superintendent of schools shall
572572 be collaboratively agreed to, set, and approved by each
573573 participating board of education on or before every fourth Tuesday
574574 of August in each odd -numbered year. A board of education
575575 participating in any such agreement may vote to discontinue sharing
576576 a single superintendent of schools. A vote to discontinue such an
577577 agreement shall take place at least six (6) months before the
578578 biannual setting of the compensation of superintendent of schools.
579579 The board of education to take such a vote shall notify all other
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606606 participating boards of education by either certified mail or
607607 official electronic mail. The superintendent of schools, for the
608608 board of education that discontinues such an agreeme nt, shall be
609609 elected during the immediate next regular election pursuant to
610610 Section 1 of this act or any succeeding statu te. The board of
611611 education that discontinues such an agreement shall continue to
612612 govern their district with the shared superintendent of schools
613613 until the superintendent of schools is sworn into office during the
614614 first regular board of education meeting after the superintendent of
615615 schools general election .
616616 D. No board of a school district having average daily
617617 membership (ADM) of fewer t han five hundred (500) pupils shall be
618618 prohibited from allowing a superintendent to serve simultaneously as
619619 a principal.
620620 E. The chief executive officer of the board of education of a
621621 district in which a public developmental research school is
622622 established shall be the director of the school appointed as
623623 provided in Section 1210.577 of this title.
624624 SECTION 7. AMENDATORY 70 O.S. 2021, Section 5 -106A, is
625625 amended to read as follows:
626626 Section 5-106A. A superintendent, An administrator, teacher, or
627627 person providing support services may contract with more than one
628628 school district to serve as superintendent, administrator, or
629629 teacher, as appropriately qualified, or to provide support services
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656656 for each contracting district. The contract may be mutual with all
657657 the districts as parties, or the contracts may be separate;
658658 provided, that a superintendent, an administrator, teacher, or
659659 person providing support services may not enter into contracts with
660660 more than one school district without the asse nt and knowledge of
661661 all the school districts with which they are contracting. The
662662 districts who contract either mutually or separately with a
663663 superintendent, an administrator, or teacher, or with a person to
664664 provide support services may enter into agreeme nts upon such terms
665665 and conditions as the parties may agree and may include te rms
666666 related to the division of payments for items including, but not
667667 limited to, payment of benefits or travel for the superintendent,
668668 administrator, teacher, or person providing support services.
669669 Unless otherwise provided by contract, each district shall pay into
670670 the Teachers’ Retirement System of Oklahoma the district’s pro rata
671671 share of the payment required to be paid into the System on behalf
672672 of the employee.
673673 SECTION 8. NEW LAW A new section of law to be codified
674674 in the Oklahoma Statutes as Section 5 -113.3 of Title 70, unless
675675 there is created a duplication in numbering, reads as follows:
676676 A. Except as otherwise provided in this section, no person
677677 shall be eligible to be a candidate for or serve as superintendent
678678 of schools of a district if the person is currently employed by the
679679 school district governed by the board of education of that district
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706706 or is related within the second degree by affinity or consa nguinity
707707 to any member of that board of education or to any employee of the
708708 school district governed by that board of education. The purpose of
709709 this section is both to prohibit persons who are related within the
710710 second degree by affinity or consanguinity from serving
711711 simultaneously in governing the same school district of this state
712712 and to prohibit persons who are related within the second degree of
713713 consanguinity or affinity to an employee of a school district from
714714 serving as the superintendent of schools governing the school
715715 district while such relative is employed , except as otherwise
716716 provided in this section.
717717 B. The prohibitions set forth in this section shall not apply
718718 if:
719719 1. The person related to the superintendent of schools within
720720 the second degree of affinity or consanguinity is employed as a
721721 substitute teacher by the school district, pursuant to the
722722 provisions of Section 6 -105 of Title 70 of the Oklahoma Statutes or
723723 any succeeding statute, or as a temporary substitute support
724724 employee if the schoo l district has an Average Daily Membership
725725 (ADM) of less than five thousand (5 ,000); or
726726 2. The school district has an Average Daily Membership (ADM) of
727727 less than four hundred (400), the board of education has adopted a
728728 policy providing for such candidate eligibility, and the
729729 superintendent of schools who is related within the second degree by
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756756 affinity or consanguinity to any employee of the school district
757757 governed by the board of education complies with the provisions of
758758 subsection E of Section 5 -113.1 of Title 70 of the Oklahoma Statutes
759759 or any succeeding statute.
760760 SECTION 9. AMENDATORY 70 O.S. 2021, Section 5 -117, is
761761 amended to read as follows:
762762 Section 5-117. A. The board of education of each school
763763 district shall have power to :
764764 1. Elect its own officers; provided that the chair of the board
765765 authorized in Section 5 -107B of this title, or any succeeding
766766 statute, shall be elected by the electors of the school district;
767767 2. Make rules, not inconsistent with the law or rules of the
768768 State Board of Education, governing the board and the school system
769769 of the district, including converting all or part of a traditional
770770 public school to a conversion school;
771771 3. Maintain and operate a complete public school system of such
772772 character as the board of education shall deem best suited to the
773773 needs of the school district;
774774 4. Designate the schools to be attended by the children of the
775775 district;
776776 5. Provide and operate, when deemed advisable, cafeterias or
777777 other eating accommodations, thrift banks or other facilities for
778778 the teaching and practice of thrift and economy, book stores, print
779779 shops, and vocational and other shops;
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806806 6. Provide informational material concerning school bond
807807 elections and millage elections, including but not limited to all
808808 pertinent financial information relative to the bond issue, a
809809 statement of revenue sources necessary to retire proposed bonds, a
810810 statement of current bonded indebtedness of the school district, and
811811 a statement of proposed use of funds to be generated by the proposed
812812 bond issue. The informational material shall not contain the words
813813 “vote yes” or “vote no” or any similar words or statement any place
814814 on such informational material;
815815 7. Purchase, construct or rent, and operate and maintain,
816816 classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation
817817 places and playgrounds, teacherages, school bus garages,
818818 laboratories, administration buildings, and other schoolhouses and
819819 school buildings, and acquire sites and equipment for the operation
820820 of public schools or conversion schools;
821821 8. a. Insure the school district or its employees a gainst
822822 any loss, damage or liability as defined by Sections
823823 702 through 708 of Title 36 of the Oklahoma Statutes,
824824 or any succeeding statute, or other forms of insurance
825825 provided for in Title 36 of the Oklahoma Statutes.
826826 b. Subject to the restrictions of liability in the
827827 Governmental Tort Claims Act:
828828 (1) insure the school district against all or any
829829 part of any liability it may incur for death,
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856856 injury or disability of any person, o r for damage
857857 to property, either real or personal,
858858 (2) insure any employee of the school district
859859 against all or any part of the employee’s
860860 liability for injury or damage resulting from an
861861 act or omission in the scope of employment, or
862862 (3) insure against the expense of defending a claim
863863 against the school district or its employee,
864864 whether or not liability exists on such claim.
865865 c. As used in this subsection, “employee” means any
866866 person who has acted in behalf of a school district,
867867 whether that person is acti ng on a permanent or
868868 temporary basis with or without being compensated or
869869 on a full-time or part-time basis. Employee also
870870 includes all elected or appointed officers, members of
871871 governing bodies of a school district, and persons
872872 appointed, and other perso ns designated by a school
873873 district to act in its behalf.
874874 d. The cost or premium of any such insurance is a proper
875875 expenditure of the school district.
876876 e. Any insurance authorized by law to be purchased,
877877 obtained or provided by a school district may be
878878 provided by:
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905905 (1) self-insurance, which may be, but is not required
906906 to be, funded by appropriations to establish or
907907 maintain reserves for self -insurance purposes.
908908 Any self-insurance reserve fund shall be
909909 nonfiscal and shall not be considered in
910910 computing any levy when the school district makes
911911 its annual estimate for needed appropriations,
912912 (2) insurance in any insurer authorized to transact
913913 insurance in this state,
914914 (3) insurance secured in accordance with any other
915915 method provided by law, or
916916 (4) any combination of insurance authorized by this
917917 section.
918918 f. Two or more school districts or pu blic agencies, by
919919 interlocal agreement made pursuant to the Interlocal
920920 Cooperation Act, may provide insurance for any purpose
921921 by any one or more of the methods specified in this
922922 section. The pooling of self -insured reserves, claims
923923 or losses among governments as authorized in this
924924 section shall not be construed to be transacting
925925 insurance nor otherwise subject to the provisions of
926926 the laws of this state regulating insurance or
927927 insurance companies, except as to the provisions of
928928 Section 607.1 of Title 36 of the Oklahoma Statutes , or
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955955 any succeeding statute . Two or more school districts
956956 may also be insured under a master policy or contract
957957 of insurance. Premium costs may be set ind ividually
958958 for each school district or apportioned among
959959 participating school districts as provided by the
960960 master policy or contract;
961961 9. Acquire property by condemnation proceedings in the same
962962 manner as land is condemned for railroad purposes. School dis trict
963963 funds may be used to erect buildings on leased land on which other
964964 buildings have been erected prior to April 3, 1969, or on land which
965965 is leased from a governmental entity;
966966 10. Lease real or personal property to the state or any
967967 political subdivision thereof or a not-for-profit entity operating
968968 pursuant to Section 868 of Title 18 of the Oklahoma Statutes or any
969969 succeeding statute for nominal cash consideration for so long as the
970970 use of the property by the lessee substantially benefits, in whole
971971 or in part, the same public served by the school district;
972972 11. a. Dispose of personal or real property no longer needed
973973 by the district by sale, exchange, lease, lease -
974974 purchase, sale and partial lease back, or otherwise.
975975 Real property shall be conveyed pursua nt to a public
976976 sale, public bid, or private sale; provided however,
977977 unless otherwise prohibited by law, the board of
978978 education of a consolidated or annexed school district
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10051005 or any other school district may convey real property
10061006 to a local political subdivisi on or to an educational
10071007 institution within The Oklahoma State System of Higher
10081008 Education or to a housing authority formed pursuant to
10091009 the provisions of Section 1057 of Title 63 of the
10101010 Oklahoma Statutes, or any succeeding statute, without
10111011 consideration. Prior to the sale of any real
10121012 property, the board of education shall have the real
10131013 property appraised. The appraisal shall be
10141014 confidential until the real property is sold. When
10151015 the real property is sold, the board of education
10161016 shall make the appraisal avai lable for public
10171017 inspection. Prior to the conveyance of any real
10181018 property by private sale, the board of education shall
10191019 have offered the real property for sale by public sale
10201020 or public bid. Any conveyance of real property by
10211021 private sale to a nonprofit o rganization, association,
10221022 or corporation to be used for public purposes, unless
10231023 for exchange, shall contain a reversionary clause
10241024 which returns the real property to the board of
10251025 education upon the cessation of the use without profit
10261026 or for public purposes by the purchaser or the assigns
10271027 of the purchaser,
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10541054 b. If a board of education m akes the decision to dispose
10551055 of real or personal property that is leased at the
10561056 time the decision is made, whether such disposal is by
10571057 public sale, public bid or private sale, th e lessee
10581058 shall have a right of first refusal to purchase the
10591059 property on the following terms and conditions:
10601060 (1) if a board of education receives a bid or offer
10611061 in a public sale, public bid or private sale for
10621062 any real or personal property that it desires to
10631063 accept, then it shall provide notice to the
10641064 lessee of the property. The no tice shall include
10651065 the identity of the prospective purchaser of the
10661066 property, the terms and conditions of the
10671067 proposed sale and the purchase price to be paid
10681068 by the prospective p urchaser, and
10691069 (2) the lessee shall have thirty (30) days after
10701070 receipt of the notice to inform the board of
10711071 education that it elects to purchase the property
10721072 on the same terms and conditions set forth in the
10731073 notice, in which event the board of education
10741074 shall convey the property to the lessee on all
10751075 the same terms and conditions set forth in the
10761076 notice; provided, however, that if any portion of
10771077 the consideration included in the purchase price
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11041104 set forth in the notice is not in cash, then the
11051105 lessee shall be entitled to pay the fair market
11061106 value in cash of such noncash consideration;
11071107 12. Purchase necessary property, equipment, furniture and
11081108 supplies necessary to maintain and operate an adequate school
11091109 system;
11101110 13. Incur all expenses, within the limitations pr ovided for by
11111111 law, necessary to perform all powers granted by the provisions o f
11121112 this section;
11131113 14. Contract with and fix the duties and compensation of
11141114 physicians, dentists, optometrists, nurses, attorneys,
11151115 superintendents, principals, teachers, bus driver s, janitors and
11161116 other necessary employees of the district;
11171117 15. Establish a written policy for reimbursement of necessary
11181118 travel expenses of employees and members of the board. The policy
11191119 may include in-district travel from the site of employment
11201120 assignment which is necessary in the performance of employment
11211121 duties. The written po licy shall specify procedures, contain
11221122 documentation requirements, and may include payment of meal expenses
11231123 during authorized travel on a per diem allowance basis rather than
11241124 itemized documentation;
11251125 16. Pay necessary travel expenses and other related expenses of
11261126 prospective employees for sponsored visits to the school district
11271127 pursuant to a written policy specifying procedures containing
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11541154 documentation requirements equal to or gre ater than the requirements
11551155 specified by law for state employees in the State T ravel
11561156 Reimbursement Act;
11571157 17. Provide for employees’ leaves of absence without pay;
11581158 18. Exercise sole control over all the schools and property of
11591159 the district, subject to other provisions of the Oklahoma School
11601160 Code;
11611161 19. Allow district-owned school buses to be used for
11621162 transportation of students from other districts or educational
11631163 institutions while within the district on educational tours. This
11641164 shall not restrict the authorit y of the board to authorize any other
11651165 use of such buses which may now be permi tted by law or rule of the
11661166 State Board of Education;
11671167 20. Enter into contractual agreements with the board of
11681168 trustees of a multicounty library system, as defined in Section 4 -
11691169 103 of Title 65 of the Oklahoma Statutes, or any succeeding statute,
11701170 a city-county library commission, as defined in Section 152 of Title
11711171 65 of the Oklahoma Statutes, or any succeeding statute, or a rural
11721172 single county library system, as defined in Section 1 -104 of Title
11731173 65 of the Oklahoma Statutes, or any succeeding statute, on such
11741174 terms as may be mutually agreed, except no district board of
11751175 education may enter into any agreement under which the library
11761176 services for the school would be provided at any site other than the
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12031203 school site or which would result in library services that do not
12041204 meet accreditation standards as required by law or rule;
12051205 21. Perform all functions necessary to the administration of a
12061206 school district in Oklahoma as specified in the Oklaho ma School
12071207 Code, and in addition thereto, those powers necessarily implied but
12081208 not delegated by law to any other agency or official;
12091209 22. Prepare and distribute at the expense of the school
12101210 district any and all material which has the purpose of informing th e
12111211 public about district activities;
12121212 23. Solicit and accept any gift, grant, or donation of money or
12131213 property for the use of the school district. Any gift, grant, or
12141214 donation of money may be deposited in the general fund or building
12151215 fund of the school dis trict; and
12161216 24. Pay necessary meal and lodging expenses of school district
12171217 students and sponsors involved in authorized school -sponsored
12181218 cocurricular activities. The board of education shall establish a
12191219 written policy for reimbursement of necessary meal a nd lodging
12201220 expenses of school district students and sponsors. The written
12211221 policy shall specify procedures, contain documentation requirements,
12221222 and designate the funds from which reimbursement may be made.
12231223 Reimbursement may be made from the General Fund.
12241224 B. The board of education of any school district may rent real
12251225 and personal property, if such items are necessary for the operation
12261226 of the school, and pay the rental charges for the usage during any
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12531253 fiscal year, or portion thereof, out of appropriations m ade and
12541254 approved for current expense purposes during the fiscal year. Any
12551255 rental contract extending beyond June 30 of the fiscal year shall be
12561256 void unless it contains provisions for mutual ratification of
12571257 renewal pursuant to the conditions provided for in this subsection.
12581258 It is the intent of this subsection to authorize boards of education
12591259 to enter into lease contracts but not to incur any obligation
12601260 against the school district in excess of the income and revenue
12611261 provided for such purposes for the fiscal year in which the lease
12621262 contract is operative. Any lease or lease -purchase agreement
12631263 entered into by any board of education shall state the purchase
12641264 price of real or personal property so leased. The lease or lease -
12651265 purchase shall not be extended so as to cause payment of more than
12661266 the original purchase price of the real or personal property, plus
12671267 interest not to exceed the legal rate. When the purchase price plus
12681268 interest has been paid, the property shall belong to the lessee and
12691269 the lessor shall deliver a deed or bill of sale to the property to
12701270 the lessee. When any real or personal property has been leased or
12711271 rented during any fiscal year pursuant to the provisions of any
12721272 contract which permits continuance of the rental for the remainder
12731273 of the fiscal year, the renting or leasing of the property shall be
12741274 continued for the remainde r of the fiscal year unless the board of
12751275 education renting or leasing the same certifies by proper resolution
12761276 entered in the minutes of the board of education that the
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13031303 continuance of the rental is unnecessary and contrary to the public
13041304 interest. Any lease -purchase agreement entered into shall include
13051305 the right of a school district to acquire buildings, equipment or
13061306 other facilities or discrete components thereof or improve school
13071307 sites through a lease -purchase agreement. A school district may use
13081308 proceeds derived from the sale of bonds as authorized by Section 26
13091309 of Article X of the Oklahoma Constitution to make lease -purchase
13101310 payments, including interest, under a lease -purchase agreement. For
13111311 purposes of this subsection, the term “acquired” as used in Section
13121312 26 of Article X of the Oklahoma Constitution shall mean the
13131313 possession, control, or power to dispose of personal or real
13141314 property.
13151315 C. The boards of education of two or mor e school districts may
13161316 enter into cooperative agreements and maintain joint pr ograms
13171317 including, but not limited to, courses of instruction for
13181318 handicapped children, courses of instruction in music and other
13191319 subjects, practical instruction for trades and vo cations, practical
13201320 instruction in driver training courses, and health programs
13211321 including visual care by persons legally licensed for such purpose,
13221322 without favoritism as to either profession. The revenues necessary
13231323 to operate a joint program approved in co operative agreements,
13241324 whether from federal, state or local sources, including the
13251325 individual contributions of participating school districts, shall be
13261326 deposited into a fund separate from all other appropriated funds.
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13531353 The beginning fund balance each year, combined with all actual
13541354 revenues, including collected and estimated revenues, must be
13551355 appropriated before being expended. Purchase orders shall be issued
13561356 against available appropriations and, once goods or services have
13571357 been received, either payable or n onpayable warrants shall be issued
13581358 in payment of all purchase orders. The fun d shall be reported as a
13591359 separate appropriated fund in all the financial reports of the
13601360 school district which is chosen by the other school districts to
13611361 keep the accounting recor ds of the joint program.
13621362 D. The boards of education of two or more school districts may
13631363 enter into a mutual contract or separate contracts with a
13641364 superintendent, an administrator, or teacher, or with a person to
13651365 provide support services, to serve as superintendent, administrator,
13661366 or teacher, as appropriately qualified, or to provid e support
13671367 services, for each contracting district upon such terms and
13681368 conditions as the parties may agree. Nothing in this section shall
13691369 be construed to authorize or require ann exation or consolidation of
13701370 any school districts or the closing of any school site except
13711371 pursuant to law as set forth in Section 7 -101 et seq. of this title
13721372 or any succeeding statutes .
13731373 E. Any school district may operate or maintain a school or
13741374 schools on any military reservation which is within the boundaries
13751375 of the school distric t or which is adjacent to the school district,
13761376 and provide the instruction in the school or schools to children of
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14031403 personnel on the military reservation and, in doing so, shall
14041404 conform to all federal laws and requirements.
14051405 F. The board of education of each school district shall adopt
14061406 and maintain on file in the office of the superintendent of schools
14071407 appropriate personnel policy and sick leave guide. The guide shall
14081408 be made available to the public.
14091409 G. The board of education of any school district with an
14101410 average daily membership of thirty thousand (30,000) or more and all
14111411 or part of which school district is located in a county having more
14121412 than five hundred thousand (500,000) pop ulation according to the
14131413 latest Federal Decennial Census may contract with a public or
14141414 private nonsectarian entity for that entity to provide educational
14151415 and administrative services for the school district. The
14161416 educational services provided by a contracti ng entity may include
14171417 but are not limited to the delivery of instructional ser vice in core
14181418 and noncore academic subjects to the students enrolled in the school
14191419 district at one or more school sites or parts of sites within the
14201420 district pursuant to the terms of an educational services contract.
14211421 All educational service providers and their employees and
14221422 representatives and all educational and administrative services
14231423 provided under an educational services contract shall be exempt from
14241424 all statutes and rules rel ating to schools, boards of education and
14251425 school districts to the same extent that a charter school is exempt
14261426 under the Oklahoma Charter Schools Act. For all purposes including
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14531453 but not limited to attendance, funding from all sources and
14541454 accountability, all students who are provided services by a
14551455 contracting entity pursuant to an educational services contract
14561456 shall at all times be and remain students of the school district.
14571457 SECTION 10. NEW LAW A new section of law to be codified
14581458 in the Oklahoma Statutes as Section 5 -108A of Title 70, unless there
14591459 is created a duplication in numbering, reads as follows:
14601460 Candidates who win election to the office of superintendent of
14611461 schools shall be recognized by the State Board of Education as
14621462 certified as an administrator as required by Section 1 -116 of Title
14631463 70 of the Oklahoma Statutes or any succeeding statute. The
14641464 superintendent shall no longer be recognized by the State Board of
14651465 Education as certified under this section at the end of their tenure
14661466 in office.
14671467 SECTION 11. This act shall become effective July 1, 2025.
14681468 SECTION 12. It being immediately necessary for the preservation
14691469 of the public peace, health or safety, an emergency is hereby
14701470 declared to exist, by reason w hereof this act shall take effect and
14711471 be in full force from and after its passage and approval.
14721472
14731473 60-1-11351 SW 01/16/25