Req. No. 912 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) SENATE BILL 374 By: Mann AS INTRODUCED An Act relating to schools; directing the Accreditation Standards Division of the State Department of Education to be placed under the authority of the Commission for Educational Quality and Accountability during certain time period; directing division employees to remain under the Department; directing division employees to make certain reports and recommendations to the Commission until certain date; providing for contractual succession; specifying effectiveness of c ertain rules; 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 powers and duties of the State Board of Education; directing the Commission to make certain accreditation determinations until certain date and directing the Board to make such determinations beginning on certain date; updating statutory language and references; amending 7 0 O.S. 2021, Section 3-104.3, which relates to withdrawal or denial of state accreditation; updating statutory references; directing the Commission to take certain action until certain date and directing the Board to take certain action beginning on certai n date; amending 70 O.S. 2021, Section 3 -104.4, which relates to standards for accreditation of schools; directing the Commission to adopt standards for accreditation until certain date and directing the Board to adopt such standards beginning on certain d ate; directing standards to be made available for public inspection at the Office of Educational Quality and Accountability until certain date and directing such standards to be made available for public inspection at the State Department of Education begi nning on certain date; directing the Office of Educational Req. No. 912 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Quality and Accountability to investigate certain complaints and make certain report until certain date and directing the State Department of Education to conduct such investigations and make such report beginning on certain date; allowing the Commission to withdraw certain accreditation until certain date and allowing the Board to withdraw certain accreditation beginning on certain date; authorizing the Commission to close a school under certain ci rcumstances until certain date and authorizing the Board to close a school under certain circumstances beginning on certain date; directing the Commission to provide certain assistance until certain date and directing the Board to provide such assistance b eginning on certain date; prohibiting the Commission from assessing certain pe nalty under certain circumstances until certain date and prohibiting the Board from assessing certain penalty under certain circumstances beginning on certain date; updating stat utory reference; updating statutory language; amending 70 O.S. 2021, Section 3 -116.2, which relates to the Commission for Educational Quality and Accountability; updating statutory references; directing the Commission to assume certain duties during certain time period; providing for promulgation of rules; providing for codification ; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new sect ion of law to be codified in the Oklahoma Statutes as Section 3 -116.7 of Title 70, unless there is created a duplication in numbering, reads as follows: A. Upon the effective date of this act and until March 31, 2027, the Accreditation Standards Division of the State Department of Education shall be placed under the authority of th e Commission for Educational Quality and Accountability. Except as otherwise Req. No. 912 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provided for in this section, the transfer shall include all records associated with the Accreditation Standards Division. B. Upon the effective date of this act, a ll employees of the Accreditation Standards Division of the State Department of Education, shall remain under the State Department of Education and shall, until March 31, 2027, make reports a nd recommendations regarding accreditation to the Commission . C. The Commission for Educational Quality and Accountability shall succeed to any contractual rights and responsibilities incurred by the Accreditation Standards Division of the State Department of Education. D. The rules of the State Board of Education relating to accreditation of schools in this state that are in effect on the effective date of this act , shall be enforceable by the Commission for Educational Quality and Accountability until March 31, 2027. SECTION 2. AMENDATORY 70 O.S. 2021, S ection 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 th e 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; Req. No. 912 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 member of the Board; 3. Submit to the Governor a departmental budget based upon major functions of the State Department of Education as prepared by the Superintendent of Public Instruction and supported by detailed data on needs and proposed operations as partially det ermined 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 general control, free textbooks, school lunch, Indian education, and all other functions of the Board and an amount sufficient to adequately staff and administer these servic es, 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 t wo items, administration and aid to schools. A maximum amount Req. No. 912 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 electronically to the Governor and the 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, expenditure s 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, 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 Req. No. 912 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 interests of the state as may be deemed necessary and desirable; 5. Provide for the formulation and adopti on 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, a nd administrative positions and services in the public schools of the state subject to the provisions of 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 educ ation and other employees who do not work directly with pupils, and may charge and collect reasonable fees for the issuance of such certificates: a. the State Department of Education shall not issue a certificate to and shall revoke the certificate of any person who has been convicted, whether upon a verdict or plea of guilty or upo n 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 th e Req. No. 912 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma Statutes if the offense involved sexual abuse or sexual exploitation as those terms are defined 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 atte mpted 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 administrative personnel in the public schools of the state shall be 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 Req. No. 912 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 performing research work, and other expenses found necessary by the State Board of Education for the improvement of the preparat ion 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 fo r 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, and supervision, and accrediting of all public nursery , kindergarten, elementary , and secondary schools, and on -site educational services provided by public school 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 603.4 175.20 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. Beginning on the effective date of this act until March 31, 2027, the Req. No. 912 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Commission for Educational Quality and Accountability shall enforce rules governing the accreditation of all public nursery, kindergarten, elementary, and secondary schools, and on -site educational services provided by public school districts o r state- accredited private schools in partial hospitalization programs, day treatment programs, and day hospital programs as defined in Section 3-104.7 of this title and Section 175.20 of Title 10 of the Oklahoma Statutes for persons between the ages of th ree (3) and twenty-one (21) years of age in this state. Beginning April 1, 2027, the Board shall promulgate rules governing the accrediting of all public nursery, kindergarten, elementary, and secondary schools, and on - site educational services provided b y public school districts or state-accredited private schools in partial hospi talization programs, day treatment programs, and day hospital programs as defined in Section 3 -104.7 of this title and Section 175.20 of Title 10 of the Oklahoma Statutes for per sons between the ages of three (3) and twenty-one (21) years of age in the state. However, beginning on the effective date of this act until March 31, 2027, no school shall be denied accreditation by the Commission for Educational Quality and Accountabili ty solely on the basis of average daily attendance. Beginning April 1, 2027, no school shall be denied accreditation by the Board solely on the basis of average daily attendance. Req. No. 912 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Commission for Educational Quality and Accountability beginning on the effective date of this act, and beginning April 1, 2027, 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 Commission until March 31, 2027, and beginning April 1, 2027, from the State Board of Education for a period of two (2) consecutive years to attain the minimum average daily attendance. The Head Start and public nurserie s or kindergartens operated from community action agency funds shall not be subjected to the accrediting rules of the Commission until March 31, 2027, and beginning April 1, 2027, from the State Board of Education. Neither will the Commission until March 31, 2027, and beginning April 1, 2027, 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 oper ating in the public schools of the state. However, any of the Head Start or p ublic nurseries or kindergartens operated under federal regulations may make application for accrediting from the Commission until March 31, Req. No. 912 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2027, and beginning April 1, 2027, fr om 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 pr oper authorities thereof and an opportunity given to correct the conditions wh ich otherwise would be the cause of such reduction. Private and parochial schools may be accredited and classified in like manner as public schools or, if an accrediting associat ion 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 appropriating or apportioning funds which are now, or may hereafter be, provided for 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 United States which may require or recommend cooperation with any Req. No. 912 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 state board having charge of the administration of public schools unless otherwise provided by law; 10. Be and is hereby designated as the “State Educational Agency” state educational agency referred to in Public Law 396 of the 79th Congress of the United States, as amended, which law states that the act may be cited known as the “National Richard B. Russell National School Lunch Act” 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 agreements, not in conflict with the Constitution of Oklahoma or the Constitution and Stat utes 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 Richard B. Russell National School Lunch Act, Public Law 396 of the 79th Congress of the United State s, as amended, in this state 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, and 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 l and, money, buildings, gifts, donation donations, or other things of Req. No. 912 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 value which may be offered or bequeathed to the schools under the supervision or control of the Board; 13. Have authority to require persons having administrative control of all school d istricts 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 authority shall include the right of the State Board of Education to withhold all state funds under its control, and 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 . Until March 31, 2027, the Commission for Educational Quality and Accountability, and beginning April 1, 2027, the State Board of Education shall have the authority to withhold accreditation until such required reports have been filed and accepted 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 may 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 Req. No. 912 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 expenses of such workshops and for developing, printing, and distributing of the materials, books, and bulletins relating to the school lunch program. The fund shall be administered in accordance with Section 155 of Title 62 o f the Oklahoma Statutes; 15. Prescribe all forms for school district and coun ty 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 sc hool 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. Provide for the establi shment of a uniform system of pupil and personnel accounting, records, and rep orts; 17. Have authority to provide for the health and safety of school children and school personnel while under the jurisdiction of school authorities; 18. Provide for the su pervision of the transportation of pupils; Req. No. 912 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 19. 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. Have authority and is hereby required to perform a ll duties necessary to the administration of the public school system in Oklahoma as specified in the Oklahoma School Code; and, in addition thereto, those duties not specifically mentioned herein if not delegated by law to any other agency or official; 21. 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 be 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 holding 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 bui ldings, 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 purposes as a building Req. No. 912 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 defined in subsection B of this section. The State Board of Education shall disburse redbud school grants annually from the State Public Common School Building Equalization Fund to public schools and eligible charter schools pursuant to subsection B of this secti on. 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 pursuant to the provisions of this paragraph, and may employ and fix the duties and com pensation of technicians, aides, clerks, stenographers, attorneys, and other personnel deemed necessary to carry out the provisions of this paragraph. The cost of administering 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. 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 Req. No. 912 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the principals and teachers in such schools. Provided, that rules of the State Board of Education for the classification , and inspection, and accreditation of public schools shall be applicable to such schools; and such schools shall comply with standards set rules adopted by the State Board of Education . Until March 31, 2027, the rules of the Co mmission for Educational Quality and Accountability, and beginning April 1, 2027, the rules of the Board for accreditation of public schools shall be applicable to such schools; and 23. Have authority to administer a revolving 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 sc hool districts, municipalities, the United States Government, foundations, and other agencies or individuals for services, programs, or research projects. The Statistical Services Revolving Fund shall be administered in accordance with Section 155 of Titl e 62 of the Oklahoma Statutes. B. 1. The redbud school grants shall be deter mined by the State Department of Education as follows: Req. No. 912 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. divide the county four -mill levy revenue by four to determine the nonchargeable county four -mill revenue for each school district, b. determine the amount of new revenue 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 preced ing fiscal year, 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 calculated in subparagraph c of this paragraph and divide the total by the average daily 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 nonchargeabl e 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 Req. No. 912 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 districts shall be used to determine 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 t he baseline local funding per student from the average nonchargeable millage per student of the school district or eligible 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 eligible 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 am ount for the school district or eligible charter school. 2. For fiscal year 2 022, 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 school 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 year pursuant to Section 426 of Title 63 of the Oklahoma Statutes as determined by the Oklahoma Tax Commission . For Req. No. 912 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 fiscal year 2023 and each subsequent fiscal year, if such appropriated funds are insufficient to fund the redbud school grants, then an additional apportionment of funds s hall be made from sales tax collections as provided 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 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. Provided, however, eligible charter school shall not include a statewide virtual 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 re present the school districts and eligible charter schools. 5. The Department shall create a dedicated page on its website listing annual redbud school grant recipients, amount awarded to Req. No. 912 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 each recipient, and other pertinent information 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 upcoming year ’s redbud school grant allocation as prescribed by this section. SECTION 3. AMENDATORY 70 O.S. 2021, Section 3 -104.3, is amended to read as follows: Section 3-104.3. A. The Legislature, recognizing its obligation to the children of this state to e nsure their opportunity to receive an excellent education, and recognizing its obligation to the taxpayers of this state to ensure that schooling is accomplished in an efficient manner, hereby establishes requirements for compliance with quality standards which the public schools and school districts, within the limits of resources now or subsequently available, must meet. B. State accreditation shall be withdrawn from or denied to schools or school districts that do not meet the requirements of Sections 2 3-104.4, 3 11-103, 6 11-103.6, 28 18-113.1, 29 18-113.2, 30 18-113.3, 44, 45, 46, 47, 48 18-114.15, and 49 5-141 of this act title, and until March 31, 2027, the Commission for Educational Quality and Accountability, and beginning April 1, 2027, the State Board of Education shall take action as required by this act section Req. No. 912 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to ensure that students affected are enrolled in schools that are able to maintain state accreditation. Nothing herein shall be construed as prohibiting the withdrawing or denial of acc reditation for failure to meet requirements as elsewhere provided by law. SECTION 4. AMENDATORY 70 O.S. 2021, Section 3 -104.4, is amended to read as follows: Section 3-104.4. A. The Until March 31, 2027, the Commission for Educational Quality and Accountability, and beginning April 1, 2027, the State Board of Education shall adopt standards for the accreditation of the public schools in this state according to the requirements of Section 3 -104.3 et seq. of this title, to be effective as set forth in Section 3 -104.3 et seq. of this title. The accreditation standards shall incorporate the curricular standards established pursuant to Section 11 -103.6 of this title. The accreditation standards shall equal or exceed nationally recognized accreditation standards to the extent that the standards are consistent with an academic results oriented approach to accreditation. The accreditation adopted by the State Commission for Educational Quality and Accountability until March 31, 2027, an d beginning April 1, 2027, the accreditation adopted by the Board shall encompass accreditation for elementary schools, middle schools, junior high schools, and high schools. The accreditation standards shall be made available for public inspection at the offices of the Office of Educational Quality and Accountability Req. No. 912 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 until March 31, 2027, and beginning April 1, 2027, at the offices of the State Department of Education. B. Standards for accreditation adopted by the Commission for Educational Quality and A ccountability until March 31, 2027, and beginning April 1, 2027, standards for accreditation adopted by the State Board of Education shall include standards relating to the provision of school counselors to the public school children of this state. The Until March 31, 2027, the Commission, and beginning April 1, 2027, the State Board of Education shall require each local school district to provide information regarding the number of counselors serving each school site, the duties of all such counselors including all administrative duties, the number of students served by each counse lor, and information regarding the number of counselors employed per elementary school, middle school, junior high school, and high school. C. Except as otherwise provided, scho ols shall meet the accreditation standards as a condition of continued accreditation. Nothing herein shall be construed as preventing changes to the adopted standards by the Commission for Educational Quality and Accountability until March 31, 2027, and b y the State Board of Education beginning April 1, 2027, pursuant to the Admini strative Procedures Act. The accreditation standards shall provide for warnings, probation, or nonaccredited status for schools that fail to meet the standards. The Until March 31, 2027, the Office of Req. No. 912 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Educational Quality and Accountability , and beginning April 1, 2027, the Department shall investigate a complaint of failure to provide educational services or failure to comply with accreditation standards within thirty (30) days of receiving the complaint. If the Office of Educational Quality and Accounta bility until March 31, 2027, and beginning April 1, 2027, the Department determines that a school has failed to comply with the accreditation standards, the Office until March 31, 2027, and beginning April 1, 2027, the Department shall report the recommended warning, probation , or nonaccredited accreditation status to the Commission for Educational Quality and Accountability until March 31, 2027, and beginning April 1, 2027, to the State Board of Education within ninety (90) days. If a school does not take action to comply with the accreditation standards within ninety (90) days after a report is filed by the Office until March 31, 2027, and beginning April 1, 2027, by the Department, the Commission for Educational Quality and Accountability until March 31, 2027, and beginning April 1, 2027, the Board shall withdraw accreditation for the school. The State Board Until March 31, 2027, the Commission ’s accreditation regulations, and beginning April 1, 2027, the Board ’s accreditation regulations shall provide for warnings and for assistance to schools and school districts whenever there is reason to believe a school is in danger of losing its state accreditation. Req. No. 912 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. If one or more sch ool sites fail to receive accreditation as required pursuant to this section or subsequently lose accreditation, the Commission for Educational Quality and Accountability until March 31, 2027, and beginning April 1, 2027, the State Board of Education shall close the school and reassign the students to accredited schools within the d istrict or shall annex the district to one or more other districts in which the students can be educated in accredited schools. E. Standards for accreditation adopted by the Commission for Educational Quality and Accountability until March 31, 2027, and beginning April 1, 2027, by the State Board of Education shall include standards relating to the provision of educational services provided in partial hospitalization programs, da y treatment programs, day hospital programs, residential treatment programs , and emergency shelter programs for persons between the ages of three (3) and twenty-one (21) years of age. The accreditation standards shall apply to on-site and off-site educational services provided by public school districts or state -accredited private schools. Each school which is providing or is required to provide educational services for students placed in a program as described in this subsection shall be actively monitor ed by the State Department of Education. The Department shall determine on an ongoing basis if the educational program and services are in compliance with the accreditation standards. Req. No. 912 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 F. The Commission for Educational Quality and Accountability until March 31, 2027, and beginning April 1, 2027, the State Board of Education shall provide assistance to districts in considering the possibility of meeting accreditation requirements through the use of nontraditional means of instruction. The State Commission until March 31, 2027, and beginning April 1, 2027, the Board shall also assist districts in forming cooperatives and making arrangements for the use of satellite instruction or other instructional technologies to the extent that use of such instructional means meets accreditation standards. G. 1. Accreditation shall not be withdrawn from or denied nor shall a penalty be assessed against a school or school district for failing to meet the media materials and equipment standards, media program expenditure s tandards, and media personnel standards as set forth in the accreditation stan dards adopted by the Commission for Educational Quality and Accountability until March 31, 2027, and beginning April 1, 2 027, by the Board. 2. The provisions of paragraph 1 of t his subsection shall cease to be effective during the fiscal year which begins on the July 1 immediately succeeding the legislative session during which the measure appropriating monies to the State Board of Education for the financial support of public sc hools is enacted as law and such appropriation amount is at least Fifty Millio n Dollars ($50,000,000.00) greater than the amount of money appropriated to Req. No. 912 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the State Board of Education for the financial support of public schools for the fiscal year ending Ju ne 30, 2019, pursuant to Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars ($50,000,000.00) shall not include any amount of appropriations dedicated for support or certified employee salary increases. Accreditation shall not be withdrawn from or denied nor shall a penalty be assessed against a school or school district for failing to meet the media personnel standards as set forth in accreditation standards adopted by the Commission until March 31, 2027, and beginning April 1, 2027, by the Board. H. 1. The State Commission for Educational Quality and Accountability until March 31, 2027, and beginning April 1, 2027, the Board shall not assess a financial penalty against any school district which is given a deficiency in accreditation status du ring any fiscal year as provided for in this subsection. 2. Beginning with th e fiscal year which begins July 1, 2021, if the amount of money appropriated to the State Board of Education for the financial support of public schools including funds apportion ed pursuant to Section 2 426 of this act Title 63 of the Oklahoma Statutes, is at least One Hundred Million Dollars ($100,000,000.00) greater than the amount of money appropriated to the State Board of Education for the financial support of public schools for the fiscal year ending June 30, 2019, pursuant to Chapter 146, O.S.L. 2018 , a financial penalty shall be assessed against any school districts Req. No. 912 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 that do not comply with the class size limitations for kindergarten as provided for in Section 18 -113.2 of this title and class size limitations for grade one as provided for in subsection A of Section 18-113.1 of this title. Provided, the One Hundred Million Dollars ($100,000,000.00) shall not include any amount of appropriations dedicated for support or certif ied employee salary increases. 3. The State Department of Education shall sub mit a report on statewide classroom sizes to the President Pro Tempore of the Oklahoma State Senate and the Speaker of the Oklahoma House of Representatives no later than January 1, 2022. I. Except as provided for in subsection J of this section, beginning with the 2019 -2020 school year, evaluations of schools to determine whether they meet the accreditation standards set forth in accordance with this section shall occur once eve ry four (4) years on a schedule adopted by the Commission for Educational Qual ity and Accountability until March 31, 2027, and beginning April 1, 2027, by the State Board of Education . The Commission until March 31, 2027, and beginning April 1, 2027, the Board may interrupt the evaluation schedule provided in this subsection for reasons including a change in the superintendent of the school district; determination that one or more school district board members have not met the continuing education requirements as defined by this title; determination that the school district falsifie d information submitted to any public city, county, state, or federal official or agency; initiation of an Req. No. 912 Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 investigation by the Commission until March 31, 2027, and by the Board beginning April 1, 2027, or a law enforcement agency; or other determination by the Commission until March 31, 2027, and beginning April 1, 2027, by the Board that standards for accreditation are not being met by the school district. The schedule adopted by the Commission until March 31, 2027, and beginning April 1, 2027, by the Board shall allow for school districts receiving no deficiencies for two (2) consecutive years to be reviewed for accreditation less than annually. Provided, however, that schools shall be evaluated annually for the purposes of: 1. Local, state, and federal funding; 2. Health and safety; 3. Certification requirements for teachers, principals , and superintendents; 4. School board governance , including instructional and continuing education requirements for school board members; and 5. Any other requireme nts under state or federal law. J. Beginning with the 2019 -2020 school year, if a public school receives a deficiency on its accreditation report, the public school shall be evaluated annually to determine if it meets the accreditation standards set forth in accordance with this section. If the public school receives no deficiencies for two (2) consecutive years, the public school shall be subject to the evaluation timeline esta blished in subsection I of this section. Req. No. 912 Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 5. AMENDATORY 70 O.S. 2021, Section 3 -116.2, is amended to read as follows: Section 3-116.2. A. Effective January 1, 2013, there is hereby created the Commission for Educational Q uality and Accountability. The membership of the Commission shall consist of: 1. The Secretary of Education, who shall serve as the chair of the Commission; 2. One member appointed by the Governor, with the advice and consent of the Senate, representing business and industry from an Oklahoma employer with five hundred (500) or fe wer employees; 3. One member, appointed by the Governor, with the advice and consent of the Senate, who is a parent of a child enrolled in a public school in this state; 4. One member, appointed by the Governor, with the advice and consent of the Senate, who is an administrator of a public school district; 5. One member, appointed by the Governor, with the advice and consent of the Senate, who shall represent higher education t eacher education programs; 6. One member appointed by the Governor, with the advice and consent of the Senate, who shall be an active classroom teacher in kindergarten through grade six; and Req. No. 912 Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 7. One member appointed by the Governor, with the advice and consent of the Senate, who shall be an active classroom teacher in grades seven through twelve. The terms of the initial appointed members shall commence on January 1, 2013, and shall end on June 30, 2014. The terms of subsequently appointed members shall c ommence on July 1 of each year following the election of the Governor thereaft er and shall be for four (4) years. If a vacancy occurs, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. B. A quorum of the Commission, which shall consist of four members, shall be present in order for the Commission to transact any business. Members shall be reimbursed for travel in the performance of their official duties in accordance with the State Travel Reimbursement Act. C. Prior to July 1, 2013, the Commission shall meet to organize and plan for the assumption of the powers and duties of the Education Oversight Board and the Oklahoma Commission for Teacher Preparation. D. Beginning July 1, 2013, the Commission shall assume the following duties: 1. Oversee implementation of the provisions of Enrolled House Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature; Req. No. 912 Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Implementation of the provisions of the Oklahoma Teacher Preparation Act as provided for in law; 3. Make recommendations to the Governor and Legislat ure on methods to achieve an aligned, seamless system from preschool through postsecondary education; and 4. Set performance levels and corresponding cut scores pursuant to the Oklahoma School Testing Program Act and as provided for in Section 1210.541 of Title 70 of the Oklahoma Statutes this title. E. Beginning July 1, 2013, the Commission shall govern the operation of the Office of Educational Quality and Accountability created in Section 3-117 of Title 70 of the Oklahoma Statutes this title. F. 1. Beginning July 1, 2014, the Commission shall assume the following duties of the Oklahoma Commission for Teacher Preparation according to the provisions of the Oklahoma Teacher Pre paration Act: a. approval and accreditation of teacher education programs, and b. assessment of candidates for licensure and certification. 2. To implement the provisions of this subsection the Commission shall: a. include the State Board of Education in the process, b. review and assess approved, accredited , and new programs of teacher education, and Req. No. 912 Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. encourage studies and research designed to improve teacher education. G. Upon the effective date of this act and until March 31, 2027, the Commission sha ll assume the following duties: 1. Adoption of standards for the accreditation of public schools in this state pursuant to the provisions of Section 3 -104.4 of this title; and 2. Evaluating schools to determine whether they meet the accreditation standar ds adopted by the Commission. H. The Commission shall promulgate rules to imp lement the provisions of this act. SECTION 6. This act shall become effective July 1, 2025. SECTION 7. It being immediately necessary for the pr eservation of the public peace, health, or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 60-1-912 EB 1/6/2025 11:06:13 AM