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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 247 By: Deevers
AS INTRODUCED
An Act relating to students; stating legislative
findings; creating the Fund Students, Not Systems
Act; providing short title; defining terms; creating
the Fund Students, Not Systems Education Savings
Account Program to be administered by the State
Department of Education; providing application
procedures; providing for contents of application;
providing deadline for submission of applicat ion;
directing the State Board of Education to establish
procedures and timeli nes for application approval;
providing for calculation of education savings
account amount; directing the Department to make
quarterly transfers; allowing accrual of funds;
directing the Department to calculate the total cost
of all education savings accounts and reserve or
retain certain amount from the amount appropriated
for State Aid purposes; prohibiting the act from
limiting certain independence or autonomy of private
schools and homeschool families; prohibiting the act
from requiring private schools or homeschool families
be subject to certain requirements; directing the
Department to electronically submit a report by
certain date; providing for contents of report;
allowing the Legislature to use the report to make
certain fund adjustments; providing for promulgation
of rules; prohibiting certain rules or actions from
imposing certain requirements, oversight, or
regulations on private schools or homeschool
families; providing for severability; providing for
noncodification; providing for codification;
providing an effective date; and declaring an
emergency.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sect ion of law not to be
codified in the Oklahoma Statutes reads as follows:
The Legislature finds and declares the following:
1. Strengthening public education is a cornerstone of democracy
and must be supported, improved, and made more efficient to serve
all students effectively. The Fund Students, Not Systems Act
created in Section 2 of this act is designed to provide families
with options while incentivizing innovation and excellence within
public schools in this state;
2. This state’s education system m ust prioritize meeting the
diverse needs of every student, whether the student thrives in a
traditional public school, charter school, or alternative
educational setting. Providing families with additional options
will help ensure that no child is left be hind or underserved;
3. Taxpayers in this state invest heavily in education, and the
provisions of this act ensure that funding is allocated fairly to
benefit the students it is intended to serve. Public schools shall
continue to receive robust funding, and families shall have the
flexibility to choose the best educational setting for their
children;
4. Teachers and administrators are the backbone of the
education system in this state. The provisions of this act support
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their mission by reducing overcro wding, allowing them to focus on
students who thrive in public school environm ents, and providing
opportunities for public schools to innovate and compete ;
5. By encouraging parental choice and educational flexibility,
the provisions of this act provide opportunities for public schools
to highlight their strengths, develop new programs, and attract
families seeking high -quality education;
6. The ultimate goal of the provisions of this act is to
improve student outcomes across all educational settings. By
focusing resources on the individual needs of students, this state
shall foster a culture of academic excellence and lifelong success ;
and
7. A more dynamic and competitive educational landscape will
encourage the development of cutting -edge programs and teaching
methods that benefit public school teachers and administrators.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 28 -200 of Title 70, unless there
is created a duplication in number ing, reads as follows:
A. This act shall be known and may be cited as the “Fund
Students, Not Systems Act ”.
B. As used in this act:
1. “Compulsory attendance compliance ” means adherence to the
provisions of Section 10 -105 of Title 70 of the Oklahoma Sta tutes,
ensuring that all students meet attendance requirements through
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public, private, or charter school, or the other means of education
exception provided for in subsection A of Section 10 -105 of Title 70
of the Oklahoma Statutes ;
2. “Department” means the State Department of Education;
3. “Education savings account” or “ESA” means an account
established to receive state education funds for the benefit of an
eligible student;
4. “Eligible student” means a resident of this state who is
eligible to enroll in a public school in this state and is over the
age of five (5) and under the age of eighteen (18). Eligible
student includes students who have not reached the age of twenty -two
(22) if they are subject to the provisions of the Individuals with
Disabilities Education Act (IDEA);
5. “Participating educational provider ” means any public,
private, charter, or virtual charter school chosen by the parent or
legal guardian or the other means of education exception provided
for in subsection A of Section 10 -105 of Title 70 of the Oklahoma
Statutes;
6. “Program” means the Fund Students, Not Systems Education
Savings Account Program; and
7. “Qualified expense” means the following services provided by
a participating educational provider:
a. tuition and/or fees for curriculum and instruction,
b. instructional materials, textbooks, and s upplies,
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c. tutoring or educationally necessary occupational,
physical, or speech therapy,
d. fees for nationally standardized assessments
including, but not limited to, assessments used to
determine college admission and advanced placement
examinations,
e. fees for transportation related to travel to and from
a participating educational service provider, up to
One Thousand Dollars ($1,000.00) per school year,
f. tuition for a curriculum or program offered by a
technology center school,
g. fees associated with participation in extracurricular
activities, and
h. admission fees for s tate parks, museums, and other
educational field trips.
C. There is hereby created the Fund Students, Not Systems
Education Savings Account Program to be administered by the State
Department of Education to provide an education savings account
(ESA) for qualified expenses to support the education of an eligible
student in this state.
D. 1. To apply for an ESA, the parent or legal guardian of an
eligible student shall submit an ap plication to the State Department
of Education on a form prescribed by the Department and published on
its website. The form shall include, at a minimum, the eligible
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student’s name, the name of the eligible student ’s parent or legal
guardian, proof of the eligible student ’s residency in this state ,
and an attestation that the ESA will only be used for qualified
expenses. The application shall be submitted online or by mail by
April 1 preceding the school year for which an ESA is sought .
2. The State Board of Education shall establish procedures and
timelines to approve applications submitted pursuant to paragraph 1
of this subsection.
3. ESA renewal applications shall include confirmation of
continued eligibility and an attestation that the ESA will only be
used for qualified expenses.
E. 1. For each eligible student approved to participate in the
program, the State Department of Education shall calculate an amount
equivalent to the total State Aid factors for the applicable school
year multiplied by t he grade and disability weights for which the
student is eligible for the applicable school year. The Department
on a quarterly basis shall transfer the amount calculated pursua nt
to this paragraph into an ESA in the name of the eligible student.
Funds deposited into an ESA but unused shall accrue from quarter to
quarter and from year to year unless the ESA is closed or the
student is no longer eligible to participate in the pro gram.
2. The State Department of Education shall calculate the total
costs of all ESAs for all eligible students in this state and shall
reserve or retain from the total amount appropriated to the State
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Board of Education for State Aid purposes and any ot her revenue
available for allocation for State Aid purposes the total cost for
all ESAs.
F. 1. Nothing in this act shall limit the independence or
autonomy of private schools or homeschool families who provide
another means of education pursuant to the e xception provided for in
subsection A of Section 10 -105 of Title 70 of the Okl ahoma Statutes.
2. Nothing in this act shall require private schools or
homeschool families who provide another means of education pursuant
to the exception provided for in subs ection A of Section 10 -105 of
Title 70 of the Oklahoma Statutes to:
a. adhere to subject matter standards provided for in
Section 11-103.6 of Title 70 of the Oklahoma Statutes ,
b. obtain accreditation from the State Board of Education
or another accrediti ng association,
c. employ teachers who are certified pursuant to Sections
6-190 or 6-122.3 of Title 70 of the Oklahoma Statutes ,
or
d. be subject to auditing or financial reporting
requirements of the State Board of Education .
G. By December 31, 2026, and each December 31 thereafter, the
State Department of Education shall electronically submit a report
on the program to the Governor, the President Pro Tempore of the
Senate, and the Speaker of the House of Representatives. The report
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shall include the tot al amount of funds allocated to ESAs for the
prior school year and the average amount allocated per ESA. The
Legislature may use the report to make adjustments to the amount of
funds allocated for the financial support of public schools for the
ensuing fiscal year.
H. 1. The State Board of Education shall promulgate rules to
implement the provisions of this act.
2. No administrative rule promulgated by the Board or action of
the Board shall impose additional requirements, oversight, or
regulations on private schools or homeschool families who provide
another means of education pu rsuant to the exception provided for in
subsection A of Section 10 -105 of Title 70 of the Oklahoma Statutes
beyond those explicitly stated in this act.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 28 -201 of Title 70, unless there
is created a duplication in numbering, reads as follows:
The provisions of the Fund Students, Not Systems Act created
pursuant to Section 2 of this act are severable and if any part or
provision shall be held voi d, the decision of the court so holding
shall not affect or impair any of the remaining parts or provisions
of the Fund Students, Not Systems Act.
SECTION 4. This act shall become effective July 1, 2025.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-1288 EB 12/30/2024 5:44:27 PM