1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1522 By: Pemberton
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6 AS INTRODUCED
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7 An Act relating to the State Board of Education;
7 amending 70 O.S. 2021, Section 3-104, as last amended
8 by Section 4, Chapter 323, O.S.L. 2023 (70 O.S. Supp.
8 2023, Section 3-104), which relates to powers and
9 duties of the State Board of Education; modifying
9 definition; updating statutory language; repealing 70
10 O.S. 2021, Section 3-104, as amended by Section 1,
10 Chapter 290, O.S.L. 2023, which relates to powers and
11 duties of the State Board of Education; providing an
11 effective date; and declaring an emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-104, as
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16 last amended by Section 4, Chapter 323, O.S.L. 2023 (70 O.S. Supp.
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17 2023, Section 3-104), is amended to read as follows:
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18 Section 3-104. A. The supervision of the public school system
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19 of Oklahoma shall be vested in the State Board of Education and,
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20 subject to limitations otherwise provided by law, the State Board of
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21 Education shall:
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22 1. Adopt policies and make rules for the operation of the
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23 public school system of the state;
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 1 2. Appoint, prescribe the duties, and fix the compensation of a
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2 secretary, an attorney, and all other personnel necessary for the
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3 proper performance of the functions of the State Board of Education.
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4 The secretary shall not be a member of the Board;
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5 3. Submit to the Governor a departmental budget based upon
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6 major functions of the Department as prepared by the Superintendent
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7 of Public Instruction and supported by detailed data on needs and
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8 proposed operations as partially determined by the budgetary needs
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9 of local school districts filed with the State Board of Education
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10 for the ensuing fiscal year. Appropriations therefor shall be made
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11 in lump-sum form for each major item in the budget as follows:
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12 a. State Aid to schools,
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13 b. the supervision of all other functions of general and
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14 special education including general control, free
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15 textbooks, school lunch, Indian education, and all
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16 other functions of the Board and an amount sufficient
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17 to adequately staff and administer these services, and
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18 c. the Board shall determine the details by which the
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19 budget and the appropriations are administered.
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20 Annually, the Board shall make preparations to
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21 consolidate all of the functions of the Department in
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22 such a way that the budget can be based on two items,
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23 administration and aid to schools. A maximum amount
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 1 for administration shall be designated as a part of
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2 the total appropriation;
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3 4. On the first day of December preceding each regular session
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4 of the Legislature, prepare and deliver to the Governor and the
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5 Legislature a report for the year ending June 30 immediately
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6 preceding the regular session of the Legislature. The report shall
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7 contain:
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8 a. detailed statistics and other information concerning
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9 enrollment, attendance, expenditures including State
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10 Aid, and other pertinent data for all public schools
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11 in this state,
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12 b. reports from each and every division within the State
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13 Department of Education as submitted by the
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14 Superintendent of Public Instruction and any other
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15 division, department, institution, or other agency
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16 under the supervision of the Board,
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17 c. recommendations for the improvement of the public
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18 school system of the state,
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19 d. a statement of the receipts and expenditures of the
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20 State Board of Education for the past year, and
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21 e. a statement of plans and recommendations for the
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22 management and improvement of public schools and such
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23 other information relating to the educational
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 1 interests of the state as may be deemed necessary and
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2 desirable;
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3 5. Provide for the formulation and adoption of curricula,
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4 courses of study, and other instructional aids necessary for the
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5 adequate instruction of pupils in the public schools;
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6 6. Have authority in matters pertaining to the licensure and
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7 certification of persons for instructional, supervisory, and
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8 administrative positions and services in the public schools of the
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9 state subject to the provisions of Section 6-184 of this title, and
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10 shall formulate rules governing the issuance and revocation of
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11 certificates for superintendents of schools, principals,
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12 supervisors, librarians, clerical employees, school nurses, school
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13 bus drivers, visiting teachers, classroom teachers, and for other
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14 personnel performing instructional, administrative, and supervisory
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15 services, but not including members of boards of education and other
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16 employees who do not work directly with pupils, and may charge and
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17 collect reasonable fees for the issuance of such certificates:
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18 a. the State Department of Education shall not issue a
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19 certificate to and shall revoke the certificate of any
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20 person who has been convicted, whether upon a verdict
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21 or plea of guilty or upon a plea of nolo contendere,
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22 or received a suspended sentence or any probationary
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23 term for a crime or an attempt to commit a crime
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24 provided for in Section 843.5 of Title 21 of the
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 1 Oklahoma Statutes if the offense involved sexual abuse
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2 or sexual exploitation as those terms are defined in
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3 Section 1-1-105 of Title 10A of the Oklahoma Statutes,
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4 Section 741, 843.1, if the offense included sexual
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5 abuse or sexual exploitation, 865 et seq., 885, 888,
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6 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
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7 1111.1, 1114, or 1123 of Title 21 of the Oklahoma
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8 Statutes or who enters this state and who has been
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9 convicted, received a suspended sentence, or received
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10 a deferred judgment for a crime or attempted crime
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11 which, if committed or attempted in this state, would
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12 be a crime or an attempt to commit a crime provided
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13 for in any of the laws, and
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14 b. all funds collected by the State Department of
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15 Education for the issuance of certificates to
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16 instructional, supervisory, and administrative
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17 personnel in the public schools of the state shall be
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18 deposited in the “Teachers’ Certification Fund” in the
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19 State Treasury and may be expended by the State Board
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20 of Education to finance the activities of the State
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21 Department of Education necessary to administer the
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22 program, for consultative services, publication costs,
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23 actual and necessary travel expenses as provided in
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24 the State Travel Reimbursement Act incurred by persons
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 1 performing research work, and other expenses found
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2 necessary by the State Board of Education for the
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3 improvement of the preparation and certification of
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4 teachers in this state. Provided, any unobligated
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5 balance in the Teachers’ Certification Fund in excess
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6 of Ten Thousand Dollars ($10,000.00) on June 30 of any
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7 fiscal year shall be transferred to the General
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8 Revenue Fund of this state. Until July 1, 1997, the
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9 State Board of Education shall have authority for
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10 approval of teacher education programs. The State
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11 Board of Education shall also have authority for the
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12 administration of teacher residency and professional
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13 development, subject to the provisions of the Oklahoma
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14 Teacher Preparation Act;
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15 7. Promulgate rules governing the classification, inspection,
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16 supervision, and accrediting of all public nursery, kindergarten,
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17 elementary and secondary schools, and on-site educational services
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18 provided by public school districts or state-accredited private
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19 schools in partial hospitalization programs, day treatment programs,
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20 and day hospital programs as defined in this act section, Section 3-
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21 104.7 of this title, and Section 603.4 of Title 10 of the Oklahoma
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22 Statutes for persons between the ages of three (3) and twenty-one
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23 (21) years of age in the state. However, no school shall be denied
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24 accreditation solely on the basis of average daily attendance.
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 1 Any school district which maintains an elementary school and
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2 faces the necessity of relocating its school facilities because of
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3 construction of a lake, either by state or federal authority, which
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4 will inundate the school facilities, shall be entitled to receive
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5 probationary accreditation from the State Board of Education for a
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6 period of five (5) years after June 12, 1975, and any school
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7 district, otherwise qualified, shall be entitled to receive
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8 probationary accreditation from the State Board of Education for a
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9 period of two (2) consecutive years to attain the minimum average
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10 daily attendance. The Head Start and public nurseries or
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11 kindergartens operated from Community Action Agency community action
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12 agency funds shall not be subjected to the accrediting rules of the
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13 State Board of Education. Neither will the State Board of Education
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14 make rules affecting the operation of the public nurseries and
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15 kindergartens operated from federal funds secured through Community
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16 Action Agencies community action agencies even though they may be
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17 operating in the public schools of the state. However, any of the
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18 Head Start or public nurseries or kindergartens operated under
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19 federal regulations may make application for accrediting from the
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20 State Board of Education but will be accredited only if application
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21 for the approval of the programs is made. The status of no school
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22 district shall be changed which will reduce it to a lower
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23 classification until due notice has been given to the proper
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 1 authorities thereof and an opportunity given to correct the
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2 conditions which otherwise would be the cause of such reduction.
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3 Private and parochial schools may be accredited and classified
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4 in like manner as public schools or, if an accrediting association
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5 is approved by the State Board of Education, by procedures
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6 established by the State Board of Education to accept accreditation
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7 by such accrediting association, if application is made to the State
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8 Board of Education for such accrediting;
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9 8. Be the legal agent of this state to accept, in its
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10 discretion, the provisions of any Act of Congress appropriating or
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11 apportioning funds which are now, or may hereafter be, provided for
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12 use in connection with any phase of the system of public education
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13 in Oklahoma. It shall prescribe such rules as it finds necessary to
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14 provide for the proper distribution of such funds in accordance with
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15 the state and federal laws;
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16 9. Be and is specifically hereby designated as the agency of
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17 this state to cooperate and deal with any officer, board, or
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18 authority of the United States Government under any law of the
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19 United States which may require or recommend cooperation with any
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20 state board having charge of the administration of public schools
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21 unless otherwise provided by law;
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22 10. Be and is hereby designated as the “State Educational
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23 Agency” referred to in Public Law 396 of the 79th Congress of the
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24 United States, which law states that the act may be cited as the
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 1 “National School Lunch Act”, and the State Board of Education is
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2 hereby authorized and directed to accept the terms and provisions of
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3 the act and to enter into such agreements, not in conflict with the
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4 Constitution of Oklahoma or the Constitution and Statutes of the
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5 United States, as may be necessary or appropriate to secure for this
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6 state the benefits of the school lunch program established and
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7 referred to in the act;
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8 11. Have authority to secure and administer the benefits of the
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9 National School Lunch Act, Public Law 396 of the 79th Congress of
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10 the United States, in this state and is hereby authorized to employ
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11 or appoint and fix the compensation of such additional officers or
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12 employees and to incur such expenses as may be necessary for the
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13 accomplishment of the above purpose, administer the distribution of
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14 any state funds appropriated by the Legislature required as federal
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15 matching to reimburse on children’s meals;
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16 12. Accept and provide for the administration of any land,
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17 money, buildings, gifts, donation, or other things of value which
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18 may be offered or bequeathed to the schools under the supervision or
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19 control of the Board;
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20 13. Have authority to require persons having administrative
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21 control of all school districts in Oklahoma to make such regular and
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22 special reports regarding the activities of the schools in the
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23 districts as the Board may deem needful for the proper exercise of
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24 its duties and functions. Such authority shall include the right of
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 1 the State Board of Education to withhold all state funds under its
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2 control, to withhold official recognition including accrediting,
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3 until such required reports have been filed and accepted in the
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4 office of the Board and to revoke the certificates of persons
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5 failing or refusing to make such reports;
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6 14. Have general supervision of the school lunch program. The
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7 State Board of Education may sponsor workshops for personnel and
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8 participants in the school lunch program and may develop, print, and
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9 distribute free of charge or sell any materials, books, and
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10 bulletins to be used in the school lunch programs. There is hereby
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11 created in the State Treasury a revolving fund for the Board, to be
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12 designated the School Lunch Workshop Revolving Fund “School Lunch
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13 Workshop Revolving Fund”. The fund shall consist of all fees
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14 derived from or on behalf of any participant in any such workshop
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15 sponsored by the State Board of Education, or from the sale of any
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16 materials, books, and bulletins, and funds shall be disbursed for
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17 expenses of such workshops and for developing, printing, and
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18 distributing of the materials, books, and bulletins