HB 1277 — State Board of Education; providing reasons for which a license or certificate may be revoked or suspended; providing for notice; effective date; emergency.

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, expenditures including State ENR.

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1277 Page 2 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 interests of the state as may be deemed necessary and desirable;

5.

Provide for the formulation and adoption 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, and 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 education 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 upon 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 the ENR.

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1277 Page 3 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 attempted 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.

except as provided for in subparagraph a of this paragraph, the State Board of Education shall have the authority to revoke or suspend a license or certificate only for the following reasons:

(1) a willful violation of any federal or state law, (2) the abuse or neglect of a child, (3) moral turpitude, or (4) a conviction for any of the offenses or basis for revocation set forth in this section and Section 3-104.1 of this title, c.

the State Board of Education shall not have the authority to summarily revoke or suspend a license or certificate pending an individual proceeding for revocation or other action unless for a valid emergency as defined in the Administrative Procedures Act.

Upon initiating a formal investigation, the State Department of Education shall notify via certified mail and electronic mail the superintendent of the school district where the license or certificate holder is employed.

In no event shall the State Board of Education move to revoke or suspend a license or certificate, for an emergency or otherwise, unless the license or certificate holder and any employing school district received notice via certified mail and electronic mail within three (3) ENR.

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1277 Page 4 days of the date the application was filed with the State Board of Education, and d.

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 performing research work, and other expenses found necessary by the State Board of Education for the improvement of the preparation 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 for 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, 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.

However, no school shall be denied accreditation solely on the basis of average daily attendance.

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 ENR.

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1277 Page 5 probationary accreditation 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 State Board of Education for a period of two (2) consecutive years to attain the minimum average daily attendance.

The Head Start and public nurseries or kindergartens operated from community action agency funds shall not be subjected to the accrediting rules of the State Board of Education.

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 operating in the public schools of the state.

However, any of the Head Start or public nurseries or kindergartens operated under federal regulations may make application for accrediting from 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 proper authorities thereof and an opportunity given to correct the conditions which 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 association 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 state board having charge of the administration of public schools unless otherwise provided by law;

ENR.

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1277 Page 6 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 Statutes 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 States, 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 land, money, buildings, gifts, donation donations, or other things of 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 districts 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, 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;

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 ENR.

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1277 Page 7 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 of the Oklahoma Statutes;

15.

Prescribe all forms for school district and county 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 school 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 establishment of a uniform system of pupil and personnel accounting, records, and reports;

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 supervision of the transportation of pupils;

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 all 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 ENR.

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1277 Page 8 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 buildings, 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 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 section.

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 compensation 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 the principals and teachers in such schools.

Provided, that rules of the State Board of Education for the classification, inspection, and accreditation of public schools shall be applicable to such schools;

and such schools shall comply with standards set by the State Board of Education;

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 ENR.

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1277 Page 9 purpose as designated by the Legislature.

The State Board of Education is hereby authorized to enter into agreements with school 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 Title of the Oklahoma Statutes.

B.

AThe publicredbud school districtgrants seeking a grant to establish a phone-free space in a middle school, junior high school, or high school site shall applybe todetermined by the State BoardDepartment of Education inas thefollows: ENGR.

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 of Article X of the Oklahoma Constitution for each school district as reported in the Oklahoma Cost Accounting System for the preceding 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 nonchargeable 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 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 the baseline local ENR.

1277 Page 110 mannerfunding andper onstudent afrom formthe prescribedaverage bynonchargeable millage per student of the Board.school district or eligible charter school to determine the nonchargeable millage per student shortfall for each district, and g.

Thethe Boardnonchargeable shallmillage prioritizeper student shortfall for a school districtsdistrict thator submiteligible ancharter applicationschool shall be multiplied by Julythe 1,average 2025.daily membership of the preceding school year of the eligible school district or eligible charter school.

AnyThis applicationsamount receivedshall afterbe Julythe 1,redbud 2025,school shallgrant beamount consideredfor onthe aschool firstdistrict come,or firsteligible servedcharter basis.school.

AfterFor reviewingfiscal theyear applications2022, submitted,monies for the Boardredbud school grants shall attemptbe expended from the funds apportioned pursuant to selectSection recipients426 equallyof fromTitle each63 of the followingOklahoma criteria:Statutes.

a.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.

middleFor schools,fiscal junioryear high2023 schools, and higheach schoolssubsequent thatfiscal eachyear, haveif such appropriated funds are insufficient to fund the redbud school grants, then an averageadditional dailyapportionment membershipof (ADM)funds shall be made from sales tax collections as provided by subsection D of fewerSection than1353 fiveof hundredTitle (500)68 students,of b.the Oklahoma Statutes.

middleIf schools,both juniorfunds highare schools,insufficient, andthe highDepartment schoolsshall thatpromulgate eachrules haveto anpermit ADMa ofdecrease fiveto hundredthe (500)baseline orlocal morefunding studentsper butstudent fewerto thanthe onehighest thousandamount fiveallowed hundredwith (1,500)the students,funding andavailable. c.

middle schools, junior high schools, and high schools that each have an ADM of one thousand five hundred (1,500) or more students.

WhenAs selectingused grantin recipients pursuant to this subsection,section, the“eligible Boardcharter school” shall attemptmean to select a varietycharter ofschool schools which areis broadlysponsored representativepursuant ofto schools in the stateprovisions in terms of geographicthe locationOklahoma andCharter studentSchools population.Act.

C.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.

The4. grants awarded pursuant to this section shall be used to purchase devices or equipment in which students enrolled in a grant recipient school site can store their cell phones during the school ENGR.

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 represent the school districts and eligible charter schools.

ENR.

1277 Page 211 day.5.

InThe conjunctionDepartment withshall thecreate Officea ofdedicated Managementpage andon Enterpriseits Services,website thelisting Stateannual Boardredbud ofschool Educationgrant mayrecipients, negotiateamount andawarded contract with a vendor to offereach arecipient, stateand rateother pricepertinent forinformation devicesabout orthe equipmentRedbud toSchool grantFunding recipientAct. school sites.

Passed6. the House of Representatives the 13th day of March, 2025.

7The PresidingDepartment Officershall provide the chair of the House ofAppropriations Representativesand PassedBudget Committee and the Senatechair of the ___Senate dayAppropriations Committee no later than February 1 of __________,each 2025.year with an estimate of the upcoming year’s redbud school grant allocation as prescribed by this section.

PresidingSECTION Officer2. of the Senate ENGR.

This act shall become effective July 1, 2025.

SECTION 3.

It being immediately necessary for the preservation 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.

ENR.

1277 Page 312 Passed the House of Representatives the 21st day of May, 2025.

Presiding Officer of the House of Representatives Passed the Senate the 7th day of May, 2025.

Presiding Officer of the Senate OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.

By:

_________________________________ Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

_________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this __________ day of ___________________, 20_______, at _______ o'clock _______ M.

By:

_________________________________ ENR.

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