Okla. Stat. tit. 70, § 70-506.1 — OK Code / Title 70 / Section 70-506.1
Enactment of Compact - Text
Status: in_force

The compact for education is hereby entered into and enacted

into law with all jurisdictions legally joining therein, in the form

substantially as follows:

COMPACT FOR EDUCATION

ARTICLE I. PURPOSE AND POLICY

A. It is the purpose of this Compact to:

1. Establish and maintain close cooperation and understanding

among executive, legislative, professional educational and lay

leadership on a nationwide basis at the state and local levels.

2. Provide a forum for the discussion, development,

crystallization and recommendation of public policy alternatives in

the field of education.

3. Provide a clearinghouse of information on matters relating

to educational problems and how they are being met in different

places throughout the nation, so that the executive and legislative

branches of state government and of local communities may have ready

access to the experience and record of the entire country, and so

that both lay and professional groups in the field of education may

have additional avenues for the sharing of experience and the

interchange of ideas in the formation of public policy in education.

4. Facilitate the improvement of state and local educational

systems so that all of them will be able to meet adequate and

desirable goals in a society which requires continuous qualitative

and quantitative advice in educational opportunities, methods and

facilities.

B. It is the policy of this Compact to encourage and promote

local and state initiative in the development, maintenance,

improvement and administration of educational systems and

institutions in a manner which will accord with the needs and

advantages of diversity among localities and states.

Oklahoma Statutes - Title 70. Schools Page 997

C. The party states recognize that each of them has an interest

in the quality and quantity of education furnished in each of the

other states, as well as in the excellence of its own educational

systems and institutions, because of the highly mobile character of

individuals within the nation, and because the products and services

contributing to the health, welfare and economic advancement of each

state are supplied in significant part by persons educated in other

states.

ARTICLE II. STATE DEFINED

As used in this Compact, "State" means a state, territory, or

possession of the United States, the District of Columbia, or the

Commonwealth of Puerto Rico.

ARTICLE III. THE COMMISSION

A. The Educational Commission of the states, hereinafter called

"the Commission", is hereby established. The Commission shall

consist of seven (7) members representing each party state. One of

such members shall be the Governor; two shall be members of the

State Legislature selected by its respective houses and serving in

such manner as the Legislature may determine; one shall be the

Chancellor of the State Regents for Higher Education; one shall be

the State Superintendent of Public Instruction; and two shall be

appointed by and serve at the pleasure of the Governor, unless the

laws of the state otherwise provide. If the laws of a state prevent

legislators from serving on the Commission, six members shall be

appointed by and serve at the pleasure of the Governor, unless the

laws of the state otherwise provide. In addition to any other

principles or requirements which a state may establish for the

appointment and service of its members of the Commission, the

guiding principle for the composition of the membership on the

Commission from each party state shall be that the members

representing such state shall, by virtue of their training,

experience, knowledge or affiliations be in a position collectively

to reflect broadly the interests of the state government, higher

education, the state education system, local education, lay and

professional, public, and nonpublic educational leadership. Of

those appointees, one shall be the head of a state agency or

institution, designated by the Governor, having responsibility for

one or more programs of public education. In addition to the

members of the Commission representing the party states, there may

be not to exceed ten nonvoting Commissioners selected by the

steering committee for terms of one year. Such Commissioners shall

represent leading national organizations of professional educators

or persons concerned with educational administration.

B. The members of the Commission shall be entitled to one vote

each on the Commission. No action of the Commission shall be

binding unless taken at a meeting at which a majority of the total

number of votes on the Commission are cast in favor thereof. Action

Oklahoma Statutes - Title 70. Schools Page 998

of the Commission shall be only at a meeting at which a majority of

the Commissioners are present. The Commission shall meet at least

once a year. In its bylaws, and subject to such directions and

limitations as may be contained therein, the Commission may delegate

the exercise of any of its powers to the steering committee or the

Executive Director, except for the power to approve budgets or

requests for appropriations, the power to make policy

recommendations pursuant to Article IV and adoption of the annual

report pursuant to Article III(j).

C. The Commission shall have a seal.

D. The Commission shall elect annually, from among its members,

a chairman, who shall be a Governor, a vice-chairman and a

treasurer. The Commission shall provide for the appointment of an

executive director. Such executive director shall serve at the

pleasure of the Commission, and together with the treasurer and such

other personnel as the Commission may deem appropriate shall be

bonded in such amount as the Commission shall determine. The

executive director shall be secretary.

E. Irrespective of the civil service, personnel or other merit

system laws of any of the party states, the Executive Director

subject to the approval of the steering committee shall appoint,

remove or discharge such personnel as may be necessary for the

performance of the functions of the Commission, and shall fix the

duties and compensation of such personnel. The Commission in its

bylaws shall provide for the personnel policies and programs of the

Commission.

F. The Commission may borrow, accept or contract for the

services of personnel from any party jurisdiction, the United

States, or any subdivision or agency of the aforementioned

governments, or from any agency of two or more of the party

jurisdictions or their subdivisions.

G. The Commission may accept for any of its purposes and

functions under this Compact any and all donations, and grants of

money, equipment, supplies, materials and services, conditional or

otherwise, from any state, the United States or any other

governmental agency, or from any person, firm, association,

foundation, or corporation, and may receive, utilize and dispose of

the same. Any donation or grant accepted by the Commission pursuant

to this paragraph or services borrowed pursuant to paragraph (f) of

this article shall be reported in the annual report of the

Commission. Such report shall include the nature, amount and

conditions, if any, of the donation, grant, or services borrowed,

and the identity of the donor or lender.

H. The Commission may establish and maintain such facilities as

may be necessary for the transacting of its business. The

Commission may acquire, hold, and convey real and personal property

and any interest therein.

Oklahoma Statutes - Title 70. Schools Page 999

I. The Commission shall adopt bylaws for the conduct of its

business and shall have the power to amend and rescind these bylaws.

The Commission shall publish its bylaws in convenient form and shall

file a copy thereof and a copy of any amendment thereto, with the

appropriate agency or officer in each of the party states.

J. The Commission annually shall make to the Governor and

Legislature of each party state a report covering the activities of

the Commission for the preceding year. The Commission may make such

additional reports as it may deem desirable.

ARTICLE IV. POWERS

In addition to authority conferred on the Commission by other

provisions of the compact, the Commission shall have authority to:

1. Collect, correlate, analyze and interpret information and

data concerning educational needs and resources.

2. Encourage and foster research in all aspects of education,

but with special reference to the desirable scope of instruction,

organization, administration, and instructional methods and

standards employed or suitable for employment in public educational

systems.

3. Develop proposals for adequate financing of education as a

whole and at each of its many levels.

4. Conduct or participate in research of the types referred to

in this article in any instance where the Commission finds that such

research is necessary for the advancement of the purposes and

policies of this Compact, utilizing fully the resources of national

associations, regional compact organizations for higher education,

and other agencies and institutions, both public and private.

5. Formulate suggested policies and plans for the improvement

of public education as a whole, or for any segment thereof, and make

recommendations with respect thereto available to the appropriate

governmental units, agencies and public officials.

6. Do such other things as may be necessary or incidental to

the administration of any of its authority or functions pursuant to

this Compact.

ARTICLE V. COOPERATION WITH FEDERAL GOVERNMENT

A. If the laws of the United States specifically so provide, or

if administrative provision is made therefor within the federal

government, the United States may be represented on the Commission

by not to exceed ten representatives. Any such representative or

representatives of the United States shall be appointed and serve in

such manner as may be provided by or pursuant to federal law, and

may be drawn from any one or more branches of the federal

government, but no such representative shall have a vote on the

Commission.

B. The Commission may provide information and make

recommendations to any executive or legislative agency or officer of

the federal government concerning the common educational policies of

Oklahoma Statutes - Title 70. Schools Page 1000

the state, and may advise with any such agencies or officers

concerning any matter of mutual interest.

ARTICLE VI. COMMITTEES

A. To assist in the expeditious conduct of its business when

the full Commission is not meeting, the Commission shall elect a

Steering Committee of thirty (30) members which, subject to the

provisions of this compact and consistent with the policies of the

Commission, shall be constituted and function as provided in the by-

laws of the Commission. One-third of the voting membership of the

Steering Committee shall consist of Governors, and the remainder

shall consist of other members of the Commission. A federal

representative on the Commission may serve with the Steering

Committee, but without vote. The voting members of the Steering

Committee shall serve for terms of two (2) years, except that

members elected to the first Steering Committee of the Commission

shall be elected as follows: fifteen for one (1) year and fifteen

for two (2) years. The Chairman, Vice Chairman, and Treasurer of

the Commission shall be members of the Steering Committee and,

anything in this paragraph to the contrary notwithstanding, shall

serve during their continuance in these offices. Vacancies in the

Steering Committee shall not affect its authority to act, but the

Commission at its next regularly ensuing meeting following the

occurrence of any vacancy shall fill it for the unexpired term. No

person shall serve more than two terms as a member of the steering

committee: provided that service for a partial term of one (1) year

or less shall not be counted toward the two term limitation.

B. The Commission may establish advisory and technical

committees composed of state, local, and federal officials, and

private persons to advise it with respect to any one or more of its

functions. Any advisory or technical committee may, on request of

the states concerned, be established to consider any matter of

special concern to two or more of the party states.

C. The Commission may establish such additional committees as

its bylaws may provide.

ARTICLE VII. FINANCE

A. The Commission shall advise the Governor or designated

officer or officers of each party state of its budget and estimated

expenditures for such period as may be required by the laws of that

party state. Each of the Commission's budgets of estimated

expenditures shall contain specific recommendations of the amount or

amounts to be appropriated by each of the party states.

B. The total amount of appropriation requests under any budget

shall be apportioned among the party states. In making such

apportionment, the Commission shall devise and employ a formula

which takes equitable account of the populations and per capita

income levels of the party states.

Oklahoma Statutes - Title 70. Schools Page 1001

C. The Commission shall not pledge the credit of any party

states. The Commission may meet any of its obligations in whole or

in part with funds available to it pursuant to Article III(g) of

this Compact, provided that the Commission takes specific action

setting aside such funds prior to incurring an obligation to be met

in whole or in part in such manner. Except where the Commission

makes use of funds available to it pursuant to Article III(g)

thereof, the Commission shall not incur any obligation prior to the

allotment of funds by the party states adequate to meet the same.

D. The Commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the Commission

shall be subject to the audit and accounting procedures established

by its bylaws. However, all receipts and disbursements of funds

handled by the Commission shall be audited yearly by a qualified

public accountant, and the report of the audit shall be included in

and become part of the annual reports of the Commission.

E. The accounts of the Commission shall be open at any

reasonable time for inspection by duly constituted officers of the

party states and by any persons authorized by the Commission.

F. Nothing contained herein shall be construed to prevent

Commission compliance with laws relating to audit or inspection of

accounts by or on behalf of any government contributing to the

support of the Commission.

ARTICLE VIII. ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL

A. This compact shall have as eligible parties all states,

territories, and possessions of the United States, the District of

Columbia, and the Commonwealth of Puerto Rico. In respect of any

such jurisdiction not having a Governor, the term "Governor", as

used in this compact, shall mean the closest equivalent official of

such jurisdiction.

B. Any state or other eligible jurisdiction may enter into this

compact and it shall become binding thereon when it has adopted the

same: provided that in order to enter into initial effect, adoption

by at least ten eligible party jurisdictions shall be required.

C. Adoption of the compact may be either by enactment thereof

or by adherence thereto by the Governor; provided that in the

absence of enactment, adherence by the Governor shall be sufficient

to make his state a party only until December 31, 1967. During any

period when a state is participating in this compact through

gubernatorial action, the Governor shall appoint those persons who,

in addition to himself, shall serve as the members of the Commission

from his state, and shall provide to the Commission an equitable

share of the financial support of the Commission from any source

available to him.

D. Except for a withdrawal effective on December 31, 1967, in

accordance with paragraph C of this article, any party state may

withdraw from this compact by enacting a statute repealing the same,

Oklahoma Statutes - Title 70. Schools Page 1002

but no such withdrawal shall take effect until one year after the

Governor of the withdrawing state has given notice in writing of the

withdrawal to the Governors of all other party states. No

withdrawal shall affect any liability already incurred by or

chargeable to a party state prior to the time of such withdrawal.

ARTICLE IX. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate

the purposes thereof. The provisions of this compact shall be

severable and if any phrase, clause, sentence or provision of this

compact is declared to be contrary to the constitution of any state

or of the United States, or the applicability thereof to any

government, agency, person or circumstance is held invalid, the

validity of the remainder of this compact and the applicability

thereof to any Government, agency, person or circumstance shall not

be affected thereby. If this compact shall be held contrary to the

constitution of any state participating therein, the compact shall

remain in full force and effect as to the State affected as to all

severable matters.
Okla. Stat. tit. 70, § 70-24-165 — OK Code / Title 70 / Section 70-24-165
Short title — Federal Education Guidance Disclosure Act
Status: in_force

— Online publication.

A. This act shall be known and may be cited as the "Federal

Education Guidance Disclosure Act".

B. Within five (5) days of receiving a guidance document from

the United States Department of Education, the State Department of

Education shall publish the guidance document on an Internet website

designated by the State Superintendent of Public Instruction unless

the guidance document contains sensitive or confidential information

not legal to disclose due to privacy laws.

C. 1. The State Department of Education shall create the

designated Internet website for publication described in subsection

B of this section no later than ninety (90) days after the effective

date of this act.

2. The State Department of Education shall include hyperlinks

on the Internet website, in a conspicuous manner, that provide

Oklahoma Statutes - Title 70. Schools Page 960

access to the guidance documents received pursuant to subsection B

of this section.

D. If a guidance document is rescinded by the United States

Department of Education, the State Department of Education shall

maintain the rescinded guidance document at the location described

in subsection C of this section and indicate within fifteen (15)

days of such rescission:

1. That the document has been rescinded; and

2. The date the document was rescinded.

E. For purposes of this section, "guidance document" means a

federal agency statement of general applicability, other than a rule

that has the force and effect of law promulgated in accordance with

the notice and comment procedures under 5 U.S.C., Section 553, that

is designated by an agency official as setting forth a policy or

interpretation on a statutory, regulatory, or technical issue. A

guidance document may include, but is not limited to, a memorandum,

notice, bulletin, directive, letter, or no-action letter. The term

guidance document shall be construed broadly to effectuate the

purpose and intent of this act.
Okla. Stat. tit. 70, § 70-1210.278 — OK Code / Title 70 / Section 70-1210.278
Systems to provide educational screening
Status: in_force

A. The board of education for each school district in the state

shall implement a system to provide educational screening as

required in this section.

B. The service centers are charged with the responsibility of

ensuring that educational screening is implemented in each public

school in the state for all first grade students in each school

year. The service centers shall provide assistance and training to

school districts for implementation of effective procedures for

educational screening and analysis of the results.

C. Second grade through twelfth grade students shall be

educationally screened as needed or upon request of a parent, legal

guardian, or teacher pursuant to regulations promulgated by the

State Board of Education.

D. Students entering the public school system from another

state or from within the state without previous educational

screening shall be educationally screened within six (6) months from

the date of such entry.

E. No child shall be educationally screened whose parent or

legal guardian has filed written objection with the local school

district.
Okla. Stat. tit. 70, § 70-3407 — OK Code / Title 70 / Section 70-3407
Murray State College
Status: in_force

The state educational institution located at Tishomingo shall

continue at the same location and its official name shall be Murray

State College.

Wherever the laws of this state refer to such institution as

Murray State Agricultural College or Murray State College of

Agriculture and Applied Science or Murray State College of

Technology, or any other name, the reference shall be deemed to be

to Murray State College. Greater emphasis, rather than predominant

emphasis, to technical education shall be the object of the study

made by the Oklahoma State Regents for Higher Education under the

following section (3407.1) to determine the feasibility of changes

in the functions of Murray State College.
Okla. Stat. tit. 70, § 70-3208 — OK Code / Title 70 / Section 70-3208
Functions and courses of study - Hearings
Status: in_force

All functions and courses of study of the constituent

institutions of the State System shall stand as they now are until

changed with the approval or by order of the State Regents. In the

determination of the functions of the said constituent institutions,

and the approval or disapproval of courses of study prescribed by

them, the State Regents shall afford any and all institutions

affected a full public hearing, after such notice as may be

prescribed by the State Regents, before ordering any change, and

shall allow sufficient time before final action is taken for the

said institution or institutions to prepare and present its or their

arguments and briefs in support of or in opposition to any such

proposed change.
Okla. Stat. tit. 70, § 70-4706 — OK Code / Title 70 / Section 70-4706
Defining roles, goals and missions of like institutions - Admission standard -
Status: in_force

Commendation of two-year colleges for providing universal access and State Regents for updating

Oklahoma Statutes - Title 70. Schools Page 87Admission standard - Commendation of two-year colleges for providing

universal access and State Regents for updating and enforcing

viability standard.

A. Recognizing the increasing demand for college and university

education, the rapid changes facing our society, and the worldwide

competition facing our citizens, the Legislature acknowledges the

need to reexamine the state's higher education system to ensure that

the system created half a century ago will meet the changing needs.

It is the intent of the Legislature that the State Regents for

Higher Education fully exercise their constitutional authority to

reexamine and more clearly define the roles, goals and missions of

Oklahoma Statutes - Title 70. Schools Page 1676

like institutions within The Oklahoma State System of Higher

Education. It is further the intent of the Legislature that the

State Regents examine the current system of governance of Oklahoma

institutions of higher education and submit a report and

recommendations to the Oklahoma Legislature by January 1, 1993.

Such recommendations shall also examine qualifications for board

service and shall be consistent with the functions assigned each

institution.

B. The Legislature encourages the State Regents to set

admissions standards reflecting the differences between the various

institutions. The implementation of such standards shall not have a

negative impact on current funding.

C. The Legislature commends the two-year colleges for providing

universal access. In the interest of economy and of value for each

dollar invested in the system, unnecessary duplication should be

avoided.

D. The Legislature commends the State Regents for Higher

Education for updating and enforcing the viability standards for

institutions of higher education.
Okla. Stat. tit. 70, § 70-6-187A — OK Code / Title 70 / Section 70-6-187A
Competency examinations - Refund
Status: in_force

If a company that provides competency examinations within this

state requires payment from a teacher candidate for an examination

prior to the release of the previous competency examination results

for that candidate, it shall be required to provide a full refund to

the teacher candidate in the event he or she successfully passes the

previous examination.
Okla. Stat. tit. 70, § 70-3-107 — OK Code / Title 70 / Section 70-3-107
Administrative and executive duties
Status: in_force

The State Superintendent of Public Instruction is hereby

authorized to administer oaths. Upon proper request, the State

Superintendent shall advise school district superintendents and

technology center school district superintendents on questions as to

the powers, duties and functions of school district officials. The

State Superintendent shall have control of and direct the State

Department of Education and shall perform any other duties

pertaining to the public school system as shall be prescribed by law

or the State Board of Education. The State Superintendent may

affiliate with the National Council of Chief State School Officers

and any other national and state organizations as will be of service

and benefit to the public school system of Oklahoma, and dues or

assessments for membership therein shall be payable from any

appropriation that is available for the payment of current operative

expenses of the State Department of Education.

Oklahoma Statutes - Title 70. Schools Page 157
Okla. Stat. tit. 70, § 70-1210.201 — OK Code / Title 70 / Section 70-1210.201
Segregation in public schools prohibited
Status: in_force

Oklahoma Statutes - Title 70. Schools Page 1187

Segregation of children in the public schools of the State of

Oklahoma on account of race, creed, color or national origin is

prohibited.
Okla. Stat. tit. 70, § 70-9-110 — OK Code / Title 70 / Section 70-9-110
Special Transportation Revolving Fund
Status: in_force

There is hereby created a revolving fund, to be known and

designated as the "Special Transportation Revolving Fund," which

shall consist of all appropriations made for the purposes

hereinafter designated and shall also include all proceeds resulting

from the use and/or resale of pupil-transportation equipment

purchased out of monies in said revolving fund. Said revolving fund

shall be a continuing fund and shall be nonfiscal in character.
Okla. Stat. tit. 70, § 70-17-116.7 — OK Code / Title 70 / Section 70-17-116.7
Supplemental pension benefits - Audits - Reports
Status: in_force

A. After the effective date of this act, before entering into

any type of contract that creates an unfunded liability and is for

Oklahoma Statutes - Title 70. Schools Page 791

the purpose of enhancing pension benefits for employees beyond the

provisions of the Teachers' Retirement System of Oklahoma, a state

institution of higher education, technology center school district,

or public school district, unless otherwise provided by law, shall

forward to the Office of the Attorney General a copy of the contract

and a copy of an actuarial report indicating the amount of unfunded

liability that would be created pursuant to the contract. The

Attorney General shall review the contract to ensure that the

contract conforms to state law. No such contract shall be signed by

the education entity until the Attorney General approves the

contract. Any such contract entered into without complying with the

requirements of this section shall be void.

B. In order to make the Legislature and Governor more aware of

the effect of unfunded pension benefits and other post-employment

benefits on state finances, annual audits conducted pursuant to law

on state institutions of higher education, technology center school

districts, and school districts shall be prepared in accordance with

appropriate accounting standards pertaining to unfunded pension

benefits and other post-employment benefits. The State Regents for

Higher Education, the State Board of Career and Technology Education

and the State Board of Education, jointly, shall have the

information pertaining to benefits compiled into an annual report

that shall be distributed to the Governor, the Speaker of the House

of Representatives, and the President Pro Tempore of the Senate.
Okla. Stat. tit. 70, § 70-9-101.1 — OK Code / Title 70 / Section 70-9-101.1
Inspection of transportation equipment - Official
Status: in_force

inspector.

A. The board of education of any school district furnishing

transportation shall require that all transportation equipment, as

defined in paragraph 1 of subsection A of Section 9-104 of this

title, operated by that school district be inspected once a year by

an official inspector, as designated by the State Board of

Education, to verify that the transportation equipment is being

maintained and operated in accordance with all the requirements of

the rules of the State Board of Education and state and federal law.

The inspection shall include an examination and test of the brakes,

steering, front and rear wheel suspension, exhaust systems, wheels

and tires, windshield wipers, horn or warning device, proper

adjustment of turn signals, windshield, and other glass and lighting

equipment, and if applicable, stop signal arms, and emergency exits

and equipment. A record of the inspection shall be maintained by

the school district and shall be available for inspection upon

request.

B. For purposes of this section, “official inspector” means a

person who, by training and experience specified by rule promulgated

by the State Board of Education, is eligible to conduct inspections.

C. Failure to comply with subsection A of this section shall

result in a loss of state funds to that school district in an amount

to be determined by the State Board of Education.

Oklahoma Statutes - Title 70. Schools Page 505

D. The Oklahoma Department of Public Safety may perform

inspections of all school transportation equipment and inspection

records.
Okla. Stat. tit. 70, § 70-6-187 — OK Code / Title 70 / Section 70-6-187
Competency examinations
Status: in_force

A. Prior to July 1, 2014, a competency examination shall be

adopted by the Oklahoma Commission for Teacher Preparation and

beginning July 1, 2014, a competency examination shall be adopted by

the Commission for Educational Quality and Accountability for the

professional education and various subject areas and grade levels

for purposes of ensuring academic achievement and competency of each

teacher candidate or teacher in the subject area the person is

seeking certification to teach which shall also include

Oklahoma Statutes - Title 70. Schools Page 421

certification as an administrator, as prescribed by the State Board

of Education.

The Commission, consistent with the purposes of this section,

shall promulgate rules and procedures to guarantee the

confidentiality of examinations.

B. No teacher candidate shall be eligible for certification

until successfully completing the competency examination except

those candidates who make application to the Board and meet the

criteria for the alternative placement program pursuant to Section

6-122.3 of this title. Certification shall be limited to areas of

approval in which the certified teacher has successfully completed

the examination. Subject to the provisions of subsection C of this

section, testing for certification for subjects in which a teacher

candidate or teacher is seeking a minor teaching assignment or an

endorsement to teach shall be limited to the specific subject area

test.

A teacher candidate or teacher may take the professional

education or subject area portions of the examination subject to any

limit imposed by the Commission.

C. 1. Except as otherwise provided for in this subsection, a

teacher may be certified in as many areas as the teacher meets the

necessary requirements provided by law and has successfully

completed the subject area portion of the examination.

2. Except as otherwise provided for in this paragraph,

certification in early childhood, elementary, or special education

shall require completion of an appropriate teacher education program

approved by the Commission and effective July 1, 2025, successful

completion of a comprehensive reading instruction assessment as

provided for in Section 1210.508F of this title.

Any teacher who is certified to teach elementary education may

be certified in early childhood education upon meeting the

requirements provided in law and successful completion of the

appropriate subject area portion of the examination. Any teacher

who is certified to teach early childhood education may be certified

in elementary education upon meeting the requirements provided in

law and successful completion of the appropriate subject area

portion of the examination. Any special education teacher who

becomes certified to teach through completion of an accredited

teacher preparation program may be certified in early childhood or

elementary education upon meeting the requirements provided in law

and successful completion of the appropriate subject portion of the

examination. Any teacher who becomes certified to teach through

completion of an accredited teacher preparation program or becomes

alternatively certified to teach through the Troops to Teachers

program may be certified in special education upon meeting the

requirements provided in law and successful completion of the

appropriate subject area portion of the examination. Any special

Oklahoma Statutes - Title 70. Schools Page 422

education teacher who has not completed a Commission-approved

teacher education program in elementary education or early childhood

education but who has successfully completed the subject area

portion of the examination may be certified in elementary education

or early childhood education for the purpose of providing direct

instruction and serving as the teacher of record for grading

purposes in special education settings only.

D. The Commission shall offer the competency examination at

least four times per calendar year on dates to be established by the

Commission.

E. If a teacher candidate or teacher is a non-native-English

speaker, the Commission shall offer the subject area competency

examination in the native language of the teacher candidate or

teacher only if the teacher candidate or teacher is employed or has

been offered employment by a school district as a teacher in a

foreign language immersion program offered by the school district.

If a non-native-English speaker who has received certification in a

subject area after taking the subject area competency examination in

the native language of the speaker seeks to add a certification area

in the future and that person is no longer employed as a teacher in

a foreign language immersion program, the examination for the

additional certification area shall be taken in English. The State

Board of Education shall issue a restricted license or certificate

to any teacher who has completed a subject area competency

examination in the native language of the teacher as provided for in

this subsection restricting the teacher to teaching only in a

foreign language immersion program.

F. The State Board of Education, in consultation with the

Commission for Educational Quality and Accountability, may grant an

exception to the requirement to complete a subject area examination

for initial certification in a field which does not require an

advanced degree if the candidate has an advanced degree in a subject

that is substantially comparable to the content assessed on a

subject area examination. The advanced degree shall be from an

institution accredited by a national or regional accrediting agency

which is recognized by the Secretary of the United States Department

of Education. The Commission shall provide the Board with the

necessary information to determine comparability.

G. 1. Nothing in the Oklahoma Teacher Preparation Act shall

restrict the right of the State Board of Education to issue an

emergency or provisional certificate, as needed. Provided, however,

prior to the issuance of an emergency certificate, the district

shall document substantial efforts to employ a teacher who holds a

provisional or standard certificate. In the event a district is

unable to hire an individual meeting this criteria, the district

shall document efforts to employ an individual with a provisional or

standard certificate in another curricular area with academic

Oklahoma Statutes - Title 70. Schools Page 423

preparation in the field of need. Only after these alternatives

have been exhausted shall the district be allowed to employ an

individual meeting minimum standards as established by the State

Board of Education for the issuance of emergency certificates.

2. The State Board of Education may renew the emergency or

provisional certificate of an individual who has been employed by a

school district board of education for at least two (2) years if the

following criteria are met:

a. the individual has been granted an emergency or

provisional certificate pursuant to paragraph 1 of

this subsection for two (2) years,

b. the individual has not successfully completed the

competency examinations required by this section,

c. the individual submits a portfolio of his or her work

to the State Board of Education, which shall include

evidence of progress toward standard certification,

d. the employing school district board of education

agrees to renew the individual’s contract to teach for

the ensuing fiscal year, and

e. the superintendent of the employing school district

submits to the State Board of Education the reason the

emergency or provisional certificate should be renewed

and provides evidence of the district’s inability to

hire a teacher who holds a standard certificate.

3. Individuals employed by a school district under an emergency

or provisional certificate shall not be considered career teachers

and therefore not entitled to the protections of the Teacher Due

Process Act of 1990.

H. The State Board of Education may grant an exception to the

requirements for all certification examinations for teacher

candidates who are “deaf”, which for the purposes of this section

shall mean having a hearing loss so severe that the person cannot

process auditory linguistic information with or without

accommodation and whose primary language and teaching environment is

American Sign Language. The Board may grant an exception upon:

1. Verification by a licensed audiologist of a hearing loss so

severe that the teacher candidate cannot process auditory linguistic

information with or without accommodation;

2. Demonstration of fluency in American Sign Language;

3. Demonstration of competency in the subject area of

specialization as approved by the Board in lieu of certification

examinations; and

4. Sponsorship by a certified deaf education teacher for a

mentorship program.

The Board may promulgate rules and other requirements as

necessary to grant the exceptions described in this subsection.

Applicable teaching environments may include American Sign Language

Oklahoma Statutes - Title 70. Schools Page 424

immersion programs, the Oklahoma School for the Deaf, programs for

the deaf, or other classroom settings in which American Sign

Language is the language of instruction.
Okla. Stat. tit. 70, § 70-6-149.9 — OK Code / Title 70 / Section 70-6-149.9
Act does not limit other laws
Status: in_force

Oklahoma Statutes - Title 70. Schools Page 408

The School Protection Act shall be in addition to and shall not

limit or amend The Governmental Tort Claims Act or any other

applicable law.
Okla. Stat. tit. 70, § 70-21-110 — OK Code / Title 70 / Section 70-21-110
Judicial review
Status: in_force

Any action of the Board respecting the issuance, denial, or

revocation of a permit pursuant to Sections 3, 4, 5, 6 and 8 of this

act shall be subject to judicial review by the district court having

jurisdiction.
Okla. Stat. tit. 70, § 70-6-101 — OK Code / Title 70 / Section 70-6-101
Teachers - Contract
Status: in_force

Oklahoma Statutes - Title 70. Schools Page 336

A. Except as provided in subsection E of this section, no

person shall be permitted to teach in any school district of the

state without a written contract, except as provided herein for

substitute teachers and except teachers of classes in adult

education. Except as provided in subsection J of this section, the

board of education of each school district, wherein school is

expected to be conducted for the ensuing year, shall employ and

contract in writing with qualified teachers for and in the name of

the district. One copy of the contract shall be filed with the

clerk of the board of education and one copy shall be retained by

the teacher.

B. Except as otherwise provided by subsections J and K of this

section and any other law, no board of education shall have

authority to enter into any written contract with a teacher who does

not hold an Oklahoma criminal history record check as required by

Section 6-190 of this title and who does not hold a valid

certificate issued or recognized by the State Board of Education

authorizing the teacher to teach the grades or subject matter for

which the teacher is employed. Any board of education paying or

authorizing the payment of the salary of any teacher not holding a

certificate, as required herein, shall be adjudged to be guilty of a

fraudulent expenditure of public funds and members voting for such

payment shall be held jointly responsible for the return of the

amount of any public monies thus expended, upon suit brought by the

district attorney or by any interested citizen in the district where

such funds have been expended.

C. It shall be the duty of the superintendent of schools under

whose supervision teachers have been contracted to teach to certify

to the treasurer of the contracting district the names of the

teachers holding valid certificates and student teachers with whom

contracts have been made and the names of substitute teachers

employed in accordance with law. The treasurer shall not register

any warrant issued in payment of salary to any teacher whose name is

not included in such list and shall be liable on the official bond

for the treasurer for the amount of any warrant registered in

violation of the provisions of this section.

D. Whenever any person shall enter into a contract with any

school district in Oklahoma to teach in such school district the

contract shall be binding on the teacher and on the board of

education until the teacher legally has been discharged from the

teaching position or released by the board of education from the

contract. Except as provided in Section 5-106A of this title, until

such teacher has been thus discharged or released, the teacher shall

not have authority to enter into a contract with any other board of

education in Oklahoma for the same time covered by the original

contract. If upon written complaint by the board of education in a

district any teacher is reported to have failed to obey the terms of

Oklahoma Statutes - Title 70. Schools Page 337

the contract previously made and to have entered into a contract

with another board of education without having been released from

the former contract except as provided in Section 5-106A of this

title, the teacher, upon being found guilty of such charge at a

hearing held before the State Board of Education, shall have such

teacher’s certificate suspended for the remainder of the term for

which the contract was made.

E. A board of education shall have authority to enter into

written contracts with teachers for the ensuing fiscal year prior to

the beginning of such year. If, prior to the first Monday in June,

a board of education has not entered into a written contract with a

regularly employed teacher or notified the teacher in writing by

registered or certified mail that a recommendation has been made not

to reemploy the teacher for the ensuing fiscal year, and if, by

fifteen (15) days after the first Monday in June, such teacher has

not notified the board of education in writing by registered or

certified mail that such teacher does not desire to be reemployed in

such school district for the ensuing year, such teacher shall be

considered as employed on a continuing contract basis and on the

same salary schedule used for other teachers in the school district

for the ensuing fiscal year, and such employment and continuing

contract shall be binding on the teacher and on the school district.

F. Whenever a school district is engaged in contract

negotiations with teachers employed by that school district after

the school year has begun and the teachers are employed on a

continuing contract basis, the school district shall, beginning at

the first of the school year, pay the teachers any state-mandated

salary increases and salary schedule increases to which each teacher

is otherwise entitled.

G. No school district or any member of the board of education

of a district shall be liable for the payment of compensation to a

teacher or administrator under the provisions of any contract for

the ensuing year, if it becomes necessary to close the school

because of insufficient attendance, disorganization, annexation,

consolidation, or by dispensing with the school according to law,

provided, such cause is known or action is taken prior to July 1 of

such ensuing year.

H. No school district or any member of a board of education

shall be liable for the payment of compensation to any teacher or

administrator for the unexpired term of any contract if the school

building to which the teacher or administrator has been assigned is

destroyed by accident, storm, fire, or otherwise and it becomes

necessary to close the school because of inability to secure a

suitable building or buildings for continuation of school. Teachers

and administrators shall be entitled to pay for any time lost when

school is closed on account of epidemics or otherwise when an order

Oklahoma Statutes - Title 70. Schools Page 338

for such closing has been issued by a health officer authorized by

law to issue the order.

I. A teacher may contract with more than one school district

for the same school year as provided in Section 5-106A of this

title.

J. A board of education shall have authority to enter into

written contracts for the ensuing fiscal year prior to the beginning

of the year with persons who are not certified to teach by the State

Board of Education as long as the person is actively in the process

of securing certification. The person shall not be allowed to teach

in a classroom until the person has met or completed all of the

requirements for certification as provided for in Section 6-190 of

this title. If the person has not obtained valid certification by

the first day of the ensuing school year, the contract shall be

terminated.

K. A board of education of a school district shall have the

authority to enter into written contracts for employment for the

ensuing fiscal year with persons who are student teachers as defined

in Section 1-116 of this title while such persons are still student

teachers. A student teacher shall not be allowed to teach in a

classroom during the ensuing fiscal year until meeting or completing

all of the requirements for certification as provided for in Section

6-190 of this title. If the student teacher has not obtained valid

certification by the first day of the ensuing school year, the

contract shall be terminated. A board of education of a school

district shall have the authority to commit to payment of a stipend

or signing bonus to a student teacher as defined in Section 1-116 of

this title while that person is still a student teacher, if that

person has entered into a written contract for employment for the

ensuing fiscal year. A board of education shall make any such

student teacher stipend or signing bonus conditional on such person

fulfilling the first year of his or her contract for the ensuing

fiscal year. Any stipend or signing bonus paid under the terms of

this subsection shall not be considered compensation for purposes of

teacher retirement or the minimum salary schedule.

L. A teacher whose certificate was suspended by the State Board

of Education pursuant to Section 3-104 of this title and Sections

314 and 314.1 of Title 75 of the Oklahoma Statutes shall be placed

on suspension pursuant to the provisions of Section 6-101.29 of this

title while proceedings for revocation or other action are pending

before the State Board of Education. The provisions of this

subsection shall not preclude the initiation of due process

procedures in accordance with Section 6-101.20 et. seq of this

title.
Okla. Stat. tit. 70, § 70-10-103.2 — OK Code / Title 70 / Section 70-10-103.2
Student information referral procedure
Status: in_force

By January 1, 1995, each school district in this state shall

develop a student information referral procedure whereby the

Oklahoma State Bureau of Investigation would, if authorized by a

parent or legal guardian at any time, have access through a

designated district employee to information currently maintained by

the school district not prohibited from being released to law

enforcement officers by state or federal law regarding past and

present students in the district including but not limited to names

of the parents of the student and their addresses.
Okla. Stat. tit. 70, § 70-820.15 — OK Code / Title 70 / Section 70-820.15
Criminal penalty
Status: in_force

CRIMINAL PENALTY.

A. An athlete agent who violates Section 14 of this act is

guilty of a misdemeanor and, upon conviction, shall be subject to a

fine of not less than Ten Thousand Dollars ($10,000.00) and not more

than Two Hundred Fifty Thousand Dollars ($250,000.00), or to

imprisonment not to exceed one (1) year, or to both such fine and

imprisonment.

B. An athlete agent who violates Section 14 of this act upon a

second or subsequent conviction shall be guilty of a felony and

subject to a fine of not less than Fifty Thousand Dollars

($50,000.00) and not more than Five Hundred Thousand Dollars

($500,000.00), or to imprisonment not to exceed three (3) years, or

Oklahoma Statutes - Title 70. Schools Page 1124

to both such fine and imprisonment. All prior convictions in any

state of acts that would constitute a violation under Section 14 of

this act shall also constitute prior convictions under this section.

C. Fifty percent (50%) of all fines collected pursuant to this

section shall be deposited in the Attorney General's Law Enforcement

Revolving Fund created in Section 19.1 of Title 74 of the Oklahoma

Statutes.
Okla. Stat. tit. 70, § 70-3-110.1 — OK Code / Title 70 / Section 70-3-110.1
Allocation of funds for adult education
Status: in_force

Funds appropriated to the State Board of Career and Technology

Education for Adult Education Matching Funds shall be provided to

school districts which offer courses leading to a high school

equivalency diploma. The State Board of Career and Technology

Education shall promulgate rules for the distribution of the funds.
Okla. Stat. tit. 70, § 70-6-104.6 — OK Code / Title 70 / Section 70-6-104.6
Leave sharing programs and banks
Status: in_force

A. The board of education of each school district may establish

a leave sharing program for all district employees. The program

shall permit district employees to donate sick leave to a fellow

district employee who is pregnant or recovering from childbirth or

who is suffering from or has a relative or household member

suffering from an extraordinary or severe illness, injury,

impairment, or physical or mental condition which has caused or is

likely to cause the employee to take leave without pay or to

terminate employment.

B. As used in this section:

1. “Relative of the employee” means a spouse, child, stepchild,

grandchild, grandparent, stepparent, or parent of the employee;

2. “Household members” means those persons who reside in the

same home, who have reciprocal duties to and do provide financial

support for one another. This term shall include foster children

and legal wards even if they do not live in the household. The term

does not include persons sharing the same general house, when the

living style is primarily that of a dormitory or commune;

Oklahoma Statutes - Title 70. Schools Page 373

3. “Severe” or “extraordinary” means serious, extreme, or life-

threatening including temporary disability resulting from pregnancy,

miscarriage, childbirth, and recovery therefrom; and

4. “District employee” means a teacher or any full-time

employee of the school district.

C. A district employee may be eligible to receive shared leave

pursuant to the following conditions:

1. The board of education determines that the employee meets

the criteria described in this section; and

2. The employee has abided by district policies regarding the

use of sick leave.

D. A district employee may donate annual leave to another

district employee only pursuant to the following conditions:

1. The receiving employee has exhausted, or will exhaust,

maternity leave granted pursuant to Section 1 of this act or sick

leave earned pursuant to Section 6-104 of this title due to

pregnancy, miscarriage, childbirth and recovery therefrom, an

illness, injury, impairment, or physical or mental condition, which

is of an extraordinary or severe nature, and involves the employee,

a relative of the employee, or household member;

2. The condition has caused, or is likely to cause, the

employee to go on leave without pay or to terminate employment;

3. The board of education of the district permits the leave to

be shared with an eligible employee;

4. The amount of leave to be donated is within the limits set

by the board of education of the district; and

5. District employees may not donate excess sick leave that the

donor would not be able to otherwise take.

E. The board of education of each school district shall

determine the amount of donated leave an employee may receive.

F. The board of education shall require the employee to submit,

prior to approval or disapproval, a medical certificate from a

licensed physician or health care practitioner verifying the severe

or extraordinary nature and expected duration of the condition.

G. Donated sick leave is transferable between employees of

different school districts in the state with the agreement of both

boards of education of each school district.

H. The receiving employee shall be paid the regular rate of pay

of the employee. The sick leave received will be designated as

shared sick leave and be maintained separately from all other sick

leave balances.

I. Any donated sick leave may only be used by the recipient for

the purposes specified in this section.

J. Maternity leave granted pursuant to Section 1 of this act

and sick leave earned pursuant to Section 6-104 of this title

available for use by the recipient shall be used prior to using

shared sick leave.

Oklahoma Statutes - Title 70. Schools Page 374

K. Any shared sick leave not used by the recipient during each

occurrence as determined by the board of education shall be returned

to the donor. The shared sick leave remaining will be divided among

the donors on a prorated basis based on the original donated value

and returned at its original donor value and reinstated to the

annual leave balance of each donor.

L. All donated sick leave shall be given voluntarily. No

employee shall be coerced, threatened, intimidated, or financially

induced into donating sick leave for purposes of the leave sharing

program.

M. In addition to the sick leave sharing program provided for

in this section, the board of education of each school district may

establish a sick leave sharing bank for all district employees. A

district employee may donate sick leave to a common fund which may

be used by any district employee who is eligible to receive shared

leave as set forth in subsection A of this section. The terms and

conditions for donation and use of sick leave to a leave sharing

bank shall be subject to the provisions of this section, unless

negotiations, entered into pursuant to Section 509.1 et seq. of this

title, between district employees and the school district establish

terms and conditions for a sick leave sharing bank in excess of

those provided for in this section.
Okla. Stat. tit. 70, § 70-509.11 — OK Code / Title 70 / Section 70-509.11
Denial of statewide professional educators' association access to employees prohibited. 1018
Status: in_force

Oklahoma Statutes - Title 70. Schools Page 40access to employees prohibited.

A. No school district, employee of a school district, or

employee organization shall deny by any means, including a

Oklahoma Statutes - Title 70. Schools Page 1018

collective bargaining agreement, a statewide professional educators’

association equal access to employees of the school district, to the

same extent that access is granted to other educators’ associations.

For purposes of this section, access shall include, but is not

limited to:

1. Setting up informational tables at in-service or other

similar teacher meetings;

2. Speaking at in-service or other similar teacher meetings;

3. Distributing information in school mail boxes or through the

school e-mail system;

4. Utilizing school district meeting rooms during nonworking

hours;

5. Representing employees in employment matters, when requested

by the employee;

6. Posting information on school district bulletin boards; and

7. Utilizing school district printing services.

B. Any association which utilizes school district facilities or

services shall reimburse the district for any costs incurred by the

district.
Okla. Stat. tit. 70, § 70-18-113.1 — OK Code / Title 70 / Section 70-18-113.1
Class size limitation - Penalties - Exemptions
Status: in_force

A. The provisions of this subsection shall apply only to grades

one through three.

1. Except as otherwise provided for in this section, no child

shall be included in the average daily membership of a school

district for the purpose of computing and paying state-appropriated

funds if that child is regularly assigned to a teacher or to a class

that includes more than twenty (20) students.

2. If a class or classes in a grade exceed the class size

limitation provided for in this subsection, the class size

limitation and penalty shall not apply if:

a. the creation of an additional class would cause a

class to have fewer than ten (10) students; and

b. a teacher's assistant, as defined in Section 6-127 of

this title, is employed to serve with each teacher in

a class that exceeds the class size limitation

provided for in this subsection.

3. No school district shall be penalized for exceeding class

size limitations set forth in this subsection if the limitations are

exceeded beginning after the first nine (9) weeks of the school

year.

Any school district found to be in violation of the provisions

of this subsection shall receive a penalty in the State Aid formula

as a reduction to State Aid to be determined as follows:

a. Multiply each pupil in excess of the class size

membership limit as provided in this subsection by the

grade level weight and by the Base Foundation Support

Level for the current school year, and

Oklahoma Statutes - Title 70. Schools Page 827

b. Multiply each pupil in excess of the class size

membership limit as provided in this subsection by the

grade level weight and by the Incentive Aid guarantee

for the current school year times twenty (20), and

c. Sum the products of subparagraphs a and b of this

paragraph.

B. The provisions of this subsection shall apply only to grades

four through six.

1. Except as otherwise provided for in this section, no child

shall be included in the average daily membership of a school

district for the purpose of computing and paying state-appropriated

funds if that child is regularly assigned to a teacher or to a class

that includes more than twenty (20) students.

2. If a class or classes in a grade exceed the class size

limitation provided for in this subsection, the class size

limitation and penalty shall not apply if the creation of an

additional class would cause a class to have fewer than sixteen (16)

students.

3. No school district shall be penalized for exceeding class

size limitations set forth in this subsection if the limitations are

exceeded beginning after the first nine (9) weeks of the school

year.

4. Any school district found to be in violation of the

provisions of this subsection shall receive a penalty in the State

Aid formula as a reduction to State Aid to be determined as follows:

a. Multiply each pupil in excess of the class size

membership limit as provided in this subsection by the

grade level weight and by the Base Foundation Support

Level for the current school year, and

b. Multiply each pupil in excess of the class size

membership limit as provided in this subsection by the

grade level weight and by the Incentive Aid guarantee

for the current school year times twenty (20), and

c. Sum the products of subparagraphs a and b of this

paragraph.

C. Classes in the following subjects shall not be subject to

the class size limitations provided for in subsections A and B of

this section:

1. Physical education; and

2. Chorus, band, orchestra and similar music classes.

D. If a school district groups its grades as grades one through

five, grades six through eight, and grades nine through twelve, then

as to such district the provisions of subsection B of this section

shall apply to grades four and five rather than grades four through

six, and the provisions of Section 18-113.3 of this title shall

apply to grades six through twelve.

Oklahoma Statutes - Title 70. Schools Page 828

E. Any violations of the provisions of this section shall

result in denial of accreditation in accordance with the

requirements of Section 3-104.4 of this title.

F. Any school district which at the beginning of the school

year does not have sufficient classrooms to meet the class size

limitation provided for in this section as determined by guidelines

established by the State Board of Education shall not be penalized

for failure to meet the class size limitations provided for in this

section if:

a. the school district has voted indebtedness, at any

time within the five (5) years preceding the year the

district exceeds the class size limitations or during

the year the district exceeds the class size

limitations, through the issuance of bonds or approval

by voters of issuance of new bonds for more than

eighty-five percent (85%) of the maximum allowable

pursuant to the provisions of Section 26 of Article X

of the Oklahoma Constitution as shown on the school

district budget filed with the State Equalization

Board for the current school year and certifications

by the Attorney General prior to February 1 of the

current school year; and

b. on the date of filing of the school district budget

with the State Equalization Board, the school district

is voting the maximum millage allowable for the

support, maintenance and construction of schools as

provided for in subsections (a), (c), (d) and (d-1) of

Section 9 of Article X of the Oklahoma Constitution

and Section 10 of Article X of the Oklahoma

Constitution.

G. Any school district which exceeds the class size limitations

as set forth in this section shall submit a written report to the

State Board of Education, on or before July 1 of each year, setting

forth the procedures that the district will follow in order to

comply with this section.

H. School districts which receive state-appropriated funds

pursuant to the provisions of Section 18-112.2 of this title and do

not comply with the provisions of this section shall be subject to

loss of State Aid for each child in excess of the class size

limitations specified in this section.
Okla. Stat. tit. 70, § 70-6-190.4 — OK Code / Title 70 / Section 70-6-190.4
Interstate Teacher Mobility Compact Commission —
Status: in_force

Commissioners — Powers and duties — Immunity.

A. The member states of the Interstate Teacher Mobility Compact

hereby create and establish a joint public agency known as the

Interstate Teacher Mobility Compact Commission. The Commission

shall be a joint interstate governmental agency comprised of states

that have enacted the Interstate Teacher Mobility Compact. Nothing

in the Interstate Teacher Mobility Compact shall be construed as a

waiver of sovereign immunity.

B. 1. Each member state shall have and be limited to one

delegate to the Commission, who shall be given the title of

commissioner and shall be the primary administrative officer of the

state licensing authority or his or her designee.

2. Any commissioner may be removed or suspended from office as

provided by the law of the state from which the commissioner is

appointed. The member state shall fill any vacancy occurring in the

Commission within ninety (90) days.

3. Each commissioner shall be entitled to one vote on the

promulgation of rules and the creation of bylaws and shall otherwise

have an opportunity to participate in the business and affairs of

the Commission. A commissioner shall vote in person or by other

means as provided for in the bylaws. The bylaws may provide for

commissioners’ participation in meetings by telephone or other means

of communication.

Oklahoma Statutes - Title 70. Schools Page 442

4. The Commission shall meet at least once during each calendar

year. Additional meetings shall be held as set forth in the bylaws.

5. The Commission shall establish by rule a term of office for

commissioners.

C. The Commission shall have the following powers and duties:

1. Establish a code of ethics for the Commission;

2. Establish the fiscal year of the Commission;

3. Establish bylaws for the Commission;

4. Maintain its financial records in accordance with the bylaws

of the Commission;

5. Meet and take such actions as are consistent with the

provisions of the Interstate Teacher Mobility Compact, the bylaws,

and the rules of the Commission;

6. Promulgate uniform rules to implement and administer the

Interstate Teacher Mobility Compact. The rules shall have the force

and effect of law and shall be binding on all member states. In the

event the Commission exercises its rule-making authority in a manner

that is beyond the scope of the purposes of the compact or the

powers thereunder, then such action by the Commission shall be

invalid and shall have no force and effect of law;

7. Bring and prosecute legal proceedings or actions in the name

of the Commission, provided that the standing of any member state

licensing authority to sue or be sued under applicable law shall not

be affected;

8. Purchase and maintain insurance bonds;

9. Borrow, accept, or contract for services of personnel

including but not limited to employees of a member state or an

associated non-governmental organization that is open to membership

by all states;

10. Hire employees, elect or appoint officers, fix

compensation, define duties, grant individuals appropriate authority

to carry out the purposes of the Interstate Teacher Mobility

Compact, and establish the Commission’s personnel policies and

programs relating to conflicts of interest, qualifications for

personnel, and other related personnel matters;

11. Lease, purchase, accept appropriate gifts or donations, or

otherwise own, hold, improve, or use any real, personal, or mixed

property, provided that at all times the Commission shall avoid any

appearance of impropriety;

12. Sell, convey, mortgage, pledge, lease, exchange, abandon,

or otherwise dispose of any real, personal, or mixed property;

13. Establish a budget and make expenditures;

14. Borrow money;

15. Appoint committees, including standing committees comprised

of members and other interested persons as may be designated in the

Interstate Teacher Mobility Compact or Commission rules or bylaws;

Oklahoma Statutes - Title 70. Schools Page 443

16. Provide and receive information from and cooperate with law

enforcement agencies;

17. Establish and elect an executive committee;

18. Establish and develop a charter for an executive

information governance committee to advise on facilitating exchange

of information, use of information, data privacy, and technical

support needs and provide reports as needed;

19. Perform such other functions as may be necessary or

appropriate to achieve the purposes of the Interstate Teacher

Mobility Compact consistent with the state regulation of teacher

licensure; and

20. Determine whether a state’s adopted language is materially

different from the model compact language in such a way that the

state would not qualify for participation in the Interstate Teacher

Mobility Compact.

D. The executive committee of the Interstate Teacher Mobility

Compact shall have the power to act on behalf of the Commission

according to the terms of the compact.

1. The executive committee shall be comprised of eight (8)

voting members including:

a. the Commission chair, vice chair, and treasurer, and

b. five members who are elected by the Commission from

its membership including:

(1) four voting members representing geographic

regions in accordance with Commission rules, and

(2) one at large voting member in accordance with

Commission rules.

2. The Commission may add or remove members of the executive

committee as provided for in Commission rules.

3. The executive committee shall meet at least once annually.

4. The executive committee shall have the following duties and

responsibilities:

a. recommend to the entire Commission changes to the

rules or bylaws, changes to the Interstate Teacher

Mobility Compact legislation, fees to be paid by

compact member states such as annual dues, and any

compact fee charged by the member states on behalf of

the commission,

b. ensure Commission administration services are

appropriately provided, contractual or otherwise,

c. prepare and recommend the budget,

d. maintain financial records on behalf of the

Commission,

e. monitor compliance of member states and provide

reports to the Commission, and

f. perform other duties as provided in rules or bylaws.

Oklahoma Statutes - Title 70. Schools Page 444

5. All Commission meetings shall be open to the public, and

public notice of meetings shall be given in accordance with

Commission bylaws. Provided, however, the Commission, its executive

committee, or other committees of the Commission may convene in a

closed, non-public meeting if the Commission, its executive

committee, or other committees of the Commission discuss:

a. non-compliance of a member state with its obligations

under the Interstate Teacher Mobility Compact,

b. the employment, compensation, discipline, or other

matters, practices, or procedures related to specific

employees or other matters related to the Commission’s

internal personnel practices or procedures,

c. current, threatened, or reasonably anticipated

litigation,

d. negotiation of contracts for the purchase, lease, or

sale of goods, services, or real estate,

e. accusing any person of a crime or formally censuring

any person,

f. disclosure of trade secrets or commercial or financial

information that is privileged or confidential,

g. disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

h. disclosure of investigative records compiled for law

enforcement purposes,

i. disclosure of information related to any investigative

reports prepared by or on behalf of or for the use of

the Commission or other committees charged with

responsibility of investigating and determining

compliance issues pursuant to the Interstate Teacher

Mobility Compact,

j. matters specifically exempted from disclosure by

federal or member state statute, and

k. other matters as set forth by the Commission bylaws

and rules.

6. If a meeting or portion of a meeting is closed pursuant to

the provisions of paragraph 5 of this subsection, the Commission’s

legal counsel or designee shall certify that the meeting may be

closed and shall reference each relevant exempting provision.

7. The Commission shall keep minutes of the Commission meetings

and shall provide a full and accurate summary of actions taken and

the reasons for the actions including a description of the views

expressed. All documents considered in connection with an action

shall be identified in the minutes. All minutes and documents of a

closed meeting shall remain under seal, subject to release by a

majority vote of the Commission or an order of a court of competent

jurisdiction.

Oklahoma Statutes - Title 70. Schools Page 445

E. 1. The Commission shall pay or provide for the payment of

the reasonable expenses of its establishment, organization, and

ongoing activities.

2. The Commission may accept all appropriate donations and

grants of money, equipment, supplies, materials, and services and

receive, utilize, and dispose of the same, provided that at all

times the Commission shall avoid any appearance of impropriety or

conflict of interest.

3. The Commission may levy on and collect an annual assessment

from each member state or impose fees on other parties to cover the

cost of the operations and activities of the Commission, in

accordance with Commission rules.

4. The Commission shall not incur obligations of any kind prior

to securing the funds adequate to meet the same, nor shall the

Commission pledge the credit of any of the member states, except by

and with the authority of the member state.

5. The Commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the Commission

shall be subject to accounting procedures established under

Commission bylaws. All receipts and disbursements of funds of the

Commission shall be reviewed annually in accordance with Commission

bylaws, and a report of the review shall be included in and become

part of the annual report of the Commission.

F. 1. The members, officers, executive director, employees,

and representatives of the Commission shall be immune from suit and

liability, either personally or in their official capacity, for any

claim for damage to or loss of property or personal injury or other

civil liability caused by or arising out of any actual or alleged

act, error, or omission that occurred, or that the person against

whom the claim is made had a reasonable basis for believing occurred

within the scope of Commission employment, duties, or

responsibilities. Provided, however, nothing in this paragraph

shall be construed to protect any such person from suit or liability

for any damage, loss, injury, or liability caused by the

intentional, willful, or wanton misconduct of the person.

2. The Commission shall defend any member, officer, executive

director, employee, or representative of the Commission in any civil

action seeking to impose liability arising out of any actual or

alleged act, error, or omission that occurred within the scope of

Commission employment, duties, or responsibilities or that the

person against whom the claim is made had a reasonable basis for

believing had occurred within the scope of Commission employment,

duties, or responsibilities. Provided, however, that nothing in

this paragraph shall be construed to prohibit the person from

retaining his or her own legal counsel, and provided further that

the actual or alleged act, error, or omission did not result from

the person’s intentional, willful, or wanton misconduct.

Oklahoma Statutes - Title 70. Schools Page 446

3. The Commission shall indemnify and hold harmless any member,

officer, executive director, employee, or representative of the

Commission for the amount of any settlement or judgment obtained

against the person arising out of any actual or alleged act, error,

or omission that occurred within the scope of Commission employment,

duties, or responsibilities, or that the person had a reasonable

basis for believing had occurred within the scope of Commission

employment, duties, or responsibilities. Provided, however, that

the actual or alleged act, error, or omission did not result from

the intentional, willful, or wanton misconduct of the person.

G. 1. The Commission shall exercise its rule-making powers

pursuant to the criteria set forth in the Interstate Teacher

Mobility Compact. Rules and amendments shall become binding as of

the date specified in each rule or amendment.

2. The Commission shall promulgate reasonable rules to achieve

the intent and purpose of the Interstate Teacher Mobility Compact.

In the event the Commission exercises its rule-making authority in a

manner that is beyond the purpose and intent of the Interstate

Teacher Mobility Compact or the powers granted thereunder, such

action by the Commission shall be invalid and have no force and

effect of law in the member states.

3. If a majority of the legislatures of the member states

rejects a rule by enactment of a statute or resolution in the same

manner used to adopt the Interstate Teacher Mobility Compact within

four (4) years of the date of the adoption of the rule, then the

rule shall have no further force and effect in any member state.

4. Rules or amendments to the rules shall be adopted or

ratified at a regular or special meeting of the Commission, in

accordance with Commission bylaws and rules.

5. Upon determination that an emergency exists, the Commission

may consider and adopt an emergency rule within forty-eight (48)

hours’ notice with opportunity to comment, provided that the usual

rule-making procedures shall be retroactively applied to the rule as

soon as reasonably possible and in no event later than ninety (90)

days after the effective date of the rule. For purposes of this

paragraph, an emergency rule is one that must be adopted immediately

in order to:

a. meet an imminent threat to public health, safety, or

welfare,

b. prevent a loss of Commission or member state funds,

c. meet a deadline for the promulgation of an

administrative rule that is established by federal law

or rule, or

d. protect public health and safety.

H. 1. The Commission shall provide for facilitating the

exchange of information to administer and implement the provisions

of the Interstate Teacher Mobility Compact in accordance with

Oklahoma Statutes - Title 70. Schools Page 447

Commission rules, consistent with generally accepted data protection

principles.

2. Nothing in the Interstate Teacher Mobility Compact shall be

deemed or construed to alter, limit, or inhibit the power of a

member state to control and maintain ownership of its licensee

information or alter, limit, or inhibit the laws or regulations

governing licensee information in the member state.

I. 1. The executive and judicial branches of state government

in each member state shall enforce the Interstate Teacher Mobility

Compact and take all actions necessary and appropriate to effectuate

the compact’s purposes and intent. The provisions of the compact

shall have standing as statutory law.

2. Venue is proper and judicial proceedings by or against the

Commission shall be brought solely and exclusively in a court of

competent jurisdiction where the principal office of the Commission

is located. The Commission may waive venue and jurisdictional

defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings. Nothing herein shall

affect or limit the selection or propriety of venue in any action

against a licensee for professional malpractice, misconduct, or any

similar matter.

3. All courts and administrative agencies shall take judicial

notice of the Interstate Teacher Mobility Compact, the rules of the

Commission, and any information provided to a member state pursuant

thereto in any judicial or quasi-judicial proceeding in a member

state pertaining to the subject matter of the compact or which may

affect the powers, responsibilities, or actions of the Commission.

4. The Commission shall be entitled to receive service of

process in any proceeding regarding the enforcement or

interpretation of the Interstate Teacher Mobility Compact and shall

have standing to intervene in a proceeding for all purposes.

Failure to provide the Commission service of process shall render a

judgement or order void as to the Commission, the Interstate Teacher

Mobility Compact, or rules of the Commission.

J. 1. If the Commission determines that a member state has

defaulted in the performance of its obligations or responsibilities

under the Interstate Teacher Mobility Compact or Commission rules,

the Commission shall:

a. provide written notice to the defaulting state and

other member states of the nature of the default, the

proposed means of curing the default, or any other

action to be taken by the Commission, and

b. provide remedial training and specific technical

assistance regarding the default.

2. If a state in default fails to cure the default, the

defaulting state may be terminated from the Interstate Teacher

Mobility Compact upon an affirmative vote of a majority of the

Oklahoma Statutes - Title 70. Schools Page 448

commissioners of the member states, and all rights, privileges, and

benefits conferred on the state by the compact may be terminated on

the effective date of termination. A cure of the default shall not

relieve the offending state of obligations or liabilities incurred

during the period of default.

3. Termination of membership in the Interstate Teacher Mobility

Compact shall be imposed only after all other means of securing

compliance have been exhausted. Notice of intent to suspend or

terminate shall be given by the Commission to the governor, the

majority and minority leaders of the defaulting state’s legislature,

the state licensing authority, and each of the member states.

4. A state that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the

effective date of termination including all obligations that extend

beyond the effective date of termination.

5. The Commission shall not bear any costs related to a state

that is found to be in default or that has been terminated from the

Interstate Teacher Mobility Compact, unless agreed upon in writing

between the Commission and the defaulting state.

6. The defaulting state may appeal the action of the Commission

by petitioning the U.S. District Court for the District of Columbia

or the federal district court where the Commission has its principal

offices. The prevailing party shall be awarded all costs of

litigation including reasonable attorney fees.

7. Upon request by a member state, the Commission shall attempt

to resolve disputes related to the Interstate Teacher Mobility

Compact that arise among member states and between member states and

non-member states. The Commission shall promulgate a rule providing

for both binding and non-binding alternative dispute resolution for

disputes as appropriate.

8. The Commission, in the reasonable exercise of its

discretion, shall enforce the provisions and rules of the Interstate

Teacher Mobility Compact. By majority vote, the Commission may

initiate legal action in the U.S. District Court for the District of

Columbia or the federal district where the Commission has its

principal offices against a member state in default to enforce

compliance with the provisions of the compact and the Commission’s

promulgated rules and bylaws. The relief sought may include both

injunctive relief and damages. In the event judicial enforcement is

necessary, the prevailing party shall be awarded all costs of

litigation including reasonable attorney fees. The remedies shall

not be exclusive of remedies of the Commission. The Commission may

pursue any other remedies available under federal or state law.

K. The Interstate Teacher Mobility Compact shall be in effect

on the date on which the compact is enacted into law in the tenth

member state.

Oklahoma Statutes - Title 70. Schools Page 449

1. On or after the effective date of the compact, the

Commission shall convene and review the enactment of the compact by

each member state to determine if the statute enacted by each member

state is materially different from the model statute.

2. A member state whose enactment is found to be materially

different from the model compact statute shall be entitled to the

default process set forth in subsection J of this section.

3. Member states enacting the compact subsequent to the

effective date shall be subject to the process set forth in

paragraph 20 of subsection C of this section to determine if the

enactments are materially different from the model compact statute

and whether they qualify for participation in the compact.

4. If any member state is later found to be in default or is

terminated or withdraws from the compact, the Commission shall

remain in existence and the compact shall remain in effect even if

the number of member states is fewer than ten (10).

5. Any state that joins the compact after the Commission’s

initial adoption of the rules and bylaws shall be subject to the

rules and bylaws as they exist on the date on which the compact

becomes law in the state. Any rule that has been previously adopted

by the Commission shall have the full force and effect of law on the

day the compact becomes law in the state, as the rules and bylaws

may be amended as provided for in the Interstate Teacher Mobility

Compact.

6. Any member state may withdraw from the Interstate Teacher

Mobility Compact by enacting a statute repealing the compact. A

member state’s withdrawal shall not take effect until six (6) months

after enactment of the repealing statute. Withdrawal shall not

affect the continuing requirement of the withdrawing state’s

licensing authority to comply with the investigative and adverse

action reporting requirements of the compact prior to the effective

date of withdrawal.

7. The Interstate Teacher Mobility Compact may be amended by

the member states; provided, however, that no amendment to the

compact shall become effective and binding upon any member state

until it is enacted into law by all member states.

L. The Interstate Teacher Mobility Compact shall be liberally

construed to effectuate its purposes. The provisions of the compact

shall be severable, and if any phrase, clause, sentence, or

provision of the compact is declared to be contrary to the

constitution of any member state or a state seeking membership in

the compact or of the U.S. Constitution or the applicability thereof

to any other government, agency, person, or circumstance is held

invalid, the validity of the remainder of the compact and the

applicability thereof to any government, agency, person, or

circumstance shall not be affected. If the compact is held contrary

to the constitution of any member state, the compact shall remain in

Oklahoma Statutes - Title 70. Schools Page 450

full force and effect as to the remaining member states and in full

force and effect as to the member state affected as to all severable

matters.

M. Nothing in this act shall prevent or inhibit the enforcement

of any other law of a member state that is not inconsistent with the

Interstate Teacher Mobility Compact. Any laws, statutes,

regulations, or other legal requirements in a member state in

conflict with the compact are superseded to the extent of the

conflict. All permissible agreements between the Commission and the

member states are binding in accordance with their terms.
Okla. Stat. tit. 70, § 70-6-206.1 — OK Code / Title 70 / Section 70-6-206.1
Oklahoma School Psychologist, Speech-Language Pathologist, and Audiologist National
Status: in_force

Oklahoma Statutes - Title 70. Schools Page 15Pathologist, and Audiologist National Certification Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the State Board of Education to be designated the "Oklahoma

School Psychologist, Speech-Language Pathologist, and Audiologist

National Certification Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies appropriated or transferred to the fund by the

Legislature. All monies accruing to the credit of the fund are

hereby appropriated and may be budgeted and expended by the State

Board of Education to provide an annual bonus for individuals

meeting the requirements of Section 6-206 of this title.

Expenditures from the fund shall be made upon warrants issued by the

State Treasurer against claims filed as prescribed by law with the

Oklahoma Statutes - Title 70. Schools Page 471

Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 70, § 70-628.18 — OK Code / Title 70 / Section 70-628.18
Appropriation - Amendment
Status: in_force

Not less than One Million Two Hundred Fifty Thousand Dollars

($1,250,000.00) of the funds appropriated by Section 4 of this act

shall be used for the purpose of establishing new special education

classes in school districts. Provided, none of such appropriation

shall be allocated to school districts for existing programs or

classes. If a school district qualifies under the rules and

regulations which the State Board of Education is hereby authorized

to promulgate, such district shall be allocated Five Thousand

Dollars ($5,000.00) per class.
Okla. Stat. tit. 70, § 70-6-149.8 — OK Code / Title 70 / Section 70-6-149.8
Benefits not lost by leaves of absence due to assault
Status: in_force

or battery.

An education employee who is injured as a result of an assault

or battery upon the person of the employee while the employee is in

the performance of any duties as an education employee shall be

entitled to a leave of absence from employment with the school

without a loss of leave benefits.
Okla. Stat. tit. 70, § 70-4423.3 — OK Code / Title 70 / Section 70-4423.3
Seminole Junior College - Name change
Status: in_force

A. The state educational institution located at Seminole which

is known and designated as "Seminole Junior College" shall continue

at the same location and the official name of the institution shall

be designated in all future references as "Seminole State College".

B. It is the intent of the Legislature that expendable supplies

including, but not limited to, letterheads, which on the effective

date of this section carry or are labeled with the name "Seminole

Junior College" shall be utilized after the effective date of this

section until such supplies are depleted. For purposes of this

section, "supplies" shall not mean college catalogs and shall not

mean signs designating the name of the college.
Okla. Stat. tit. 70, § 70-3213.1 — OK Code / Title 70 / Section 70-3213.1
University Center at Ponca City
Status: in_force

A. The Oklahoma State Regents for Higher Education shall make

educational program resources at institutions in The Oklahoma State

Oklahoma Statutes - Title 70. Schools Page 1428

System of Higher Education available to the people in the Ponca City

area. This program shall be known as the University Center at Ponca

City.

B. The State Regents shall draw upon the educational programs

of institutions best suited to provide the kind of educational

programs needed and shall, in pursuance of Article XIII-A of the

Oklahoma Constitution and appropriate statutes, set the standards of

education as they relate to the programs operated to assure that

credits earned by students will be fully accepted at institutions of

higher education to which the students may transfer the credit to

apply toward an educational study objective.

C. The State Regents may establish appropriate funds and

accounts, including a revolving fund, in the Office of Management

and Enterprise Services for servicing the fiscal operations of the

University Center at Ponca City. The funds and accounts shall be

subject to the direct supervision, management, and control of the

board of trustees created by subsection D of this section. The

people locally shall provide suitable physical plant accommodations

for the University Center at Ponca City.

D. There is hereby created a board of nine (9) trustees to be

appointed by the Governor by and with the consent of the Senate to

serve as the administrative agency for the University Center at

Ponca City. The board shall be a body corporate and shall adopt and

use an official seal. The board so created shall have the authority

to submit a budget annually to the Oklahoma State Regents for Higher

Education, administer monies budgeted by the State Regents, provide

educational facilities, recommend courses and programs to be offered

by participating institutions, select a chief executive officer

whose duties include the general coordination of approved programs

and services and the selection of other appropriate nonteaching

personnel. The board of trustees is authorized to expend all monies

allocated to the University Center at Ponca City as may be necessary

to perform the duties and responsibilities imposed upon the board by

this section. For purposes of acquiring and taking title to real

and personal property from sources other than state appropriations,

the board is authorized to enter into contracts and to adopt rules

and regulations pertaining to such actions. The initial nine (9)

members shall serve their terms for the period to which originally

appointed, in numbered positions having dates of expiration

identical to the dates of expiration of the original appointments:

Position No. 1. The term of office of one member shall expire

on June 30, 2013, and each nine (9) years thereafter;

Position No. 2. The term of office of one member shall expire

on June 30, 2014, and each nine (9) years thereafter;

Position No. 3. The term of office of one member shall expire

on June 30, 2015, and each nine (9) years thereafter;

Oklahoma Statutes - Title 70. Schools Page 1429

Position No. 4. The term of office of one member shall expire

on June 30, 2016, and each nine (9) years thereafter;

Position No. 5. The term of office of one member shall expire

on June 30, 2017, and each nine (9) years thereafter;

Position No. 6. The term of office of one member shall expire

on June 30, 2018, and each nine (9) years thereafter;

Position No. 7. The term of office of one member shall expire

on June 30, 2019, and each nine (9) years thereafter;

Position No. 8. The term of office of one member shall expire

on June 30, 2020, and each nine (9) years thereafter; and

Position No. 9. The term of office of one member shall expire

on June 30, 2021, and each nine (9) years thereafter.

The board shall organize and elect a chair, vice-chair, and

secretary annually.

E. The board of trustees may establish and maintain plans for

tenure and retirement of its employees and for payment of deferred

compensation of employees and may provide hospital and medical

benefits, accident, health and life insurance and annuity contracts

for employees and pay for all or part of the cost with funds

available for payment of its operating expenses.

F. The board may establish with the State Treasurer any

accounts as are necessary to operate retirement, deferred

compensation or benefits plans for its employees. The accounts

shall be revolving funds not subject to fiscal year limitations.

Funds deposited in the accounts may be invested in any of the types

of instruments in which the State Treasurer is authorized by law to

invest.
Okla. Stat. tit. 70, § 70-24-100.2 — OK Code / Title 70 / Section 70-24-100.2
Short title - School Safety and Bullying Prevention
Status: in_force

Act.

Sections 24-100.2 through 24-100.5 of this title shall be known

and may be cited as the "School Safety and Bullying Prevention Act".
Okla. Stat. tit. 70, § 70-1210.213 — OK Code / Title 70 / Section 70-1210.213
Prohibited uses
Status: in_force

A. The use of a tobacco product or vapor product shall be

prohibited in or on an educational facility that offers an early

childhood education program or in which children in grades

kindergarten through twelve are educated. The use of a tobacco

product or vapor product shall also be prohibited in school

vehicles, and at any school-sponsored or school-sanctioned event or

activity.

B. Nothing in this section shall be construed to prohibit a

public school district or private school from having more

restrictive policies regarding tobacco products and vapor products

in or on an educational facility, in school vehicles and at any

school-sponsored or school-sanctioned event or activity.
Okla. Stat. tit. 70, § 70-17-110 — OK Code / Title 70 / Section 70-17-110
Fraud - Errors in record
Status: in_force

Any person who shall knowingly make any false statement or shall

falsify or permit to be falsified, any record or records of this

retirement system in any attempt to defraud such system as a result

of such act shall be guilty of a Class D3 felony offense and shall

be punished by imprisonment as provided for in subsections B through

F of Section 20P of Title 21 of the Oklahoma Statutes. Should any

charge or error in the records result in any member or beneficiary

receiving from the retirement system more or less than he would have

been entitled to receive had the records been correct, the Board of

Trustees shall correct such error, and so far as practicable, shall

adjust the payment in such a manner that the actuarial equivalent of

the benefit to which such member or beneficiary was correctly

entitled shall be paid, and to take from the Interest Fund

sufficient to reimburse the Fund where an overpayment had already

been made, and any such overpayment recovered from the member shall

be placed in the Interest Fund.
Okla. Stat. tit. 70, § 70-3245 — OK Code / Title 70 / Section 70-3245
Agreements to sell student data for marketing of consumer
Status: in_force

credit prohibited - Definitions.

No institution within The Oklahoma State System of Higher

Education or technology center school within the state system of

career and technology education shall enter into any agreement on or

after the effective date of this act to sell student data to any

creditor for purposes of marketing consumer credit to students.

Provided, nothing in this section shall preclude an institution or

school from releasing student data as permitted by the Oklahoma Open

Records Act.

As used in this section:

1. “Creditor” means a person, partnership, corporation,

association, or other entity who, in the ordinary course of

business, regularly extends consumer credit. The term creditor

shall include any agent of a creditor for collection, processing, or

other purposes;

2. “Consumer credit” means credit extended to a consumer as a

consumer loan as defined in Section 3-104 of Title 14A of the

Oklahoma Statutes or a lender credit card or seller credit card as

defined in Section 1-301 of Title 14A of the Oklahoma Statutes; and

3. “Student data” means the same as directory information as

defined in Section 24A.16 of Title 51 of the Oklahoma Statutes.
Okla. Stat. tit. 70, § 70-17-103 — OK Code / Title 70 / Section 70-17-103
Membership
Status: in_force

Except as provided in the Alternate Retirement Plan for

Comprehensive Universities Act, the membership of the retirement

system shall consist of the following:

A. All classified personnel shall become members of the

retirement system as a condition of their employment.

B. For the period from August 2, 1969, to June 30, 2021, all

full-time nonclassified optional personnel regularly employed for

more than one (1) year may join the Teachers’ Retirement System of

Oklahoma subject to the rules and regulations adopted pursuant to

the Teachers’ Retirement System of Oklahoma. On or after July 1,

2021, all nonclassified optional personnel regularly employed for

twenty (20) hours or more per week may join the System upon hiring

or eligibility, subject to the provisions of subsection C of this

section and the rules and regulations adopted by the System pursuant

to Section 17-101 et seq. of this title.

C. 1. Nonclassified optional personnel shall have thirty (30)

days from the initial date of hire or eligibility to make a one-time

irrevocable election to opt out of participation in the System, in a

Oklahoma Statutes - Title 70. Schools Page 721

manner required by the Board of Trustees. If an eligible employee

fails to make an election within the thirty-day period, the eligible

employee shall be deemed to participate in the System.

2. If an eligible employee elects to opt out of participation

in the System, the employee shall not make any required employee

contributions to the System and the employee’s employer shall not

make any required employer contributions to the System.

3. If an eligible nonclassified optional employee does not

timely opt out of participation in the System, such an employee

shall make employee contributions to the System pursuant to Section

17-116.2 of this title and the employer shall make employer

contributions to the System pursuant to Section 17-108.1 of this

title. Nothing in this subsection shall be construed to prohibit

the employer from making the contribution of the employee to the

System on behalf of the employee.

4. Nonclassified optional personnel who opt out of

participation in the System shall be ineligible for future

participation in the System; provided, however, that if such an

employee is hired for a classified position, he or she shall become

a member of the System pursuant to subsection A of this section but

shall not be eligible for prior service credit for service performed

while employed in a nonclassified position during which the employee

opted out of participation in the System.

D. The Board of Trustees may, in its discretion, deny the right

to become members to any class of members whose compensation is only

partly paid by the state, or who is serving on a temporary or other

than per annum basis, and it also may, in its discretion, make the

individual entrance into the retirement system for members in any

such class optional.

E. Should any non-vested member, in any period of six (6)

consecutive years after becoming a member, be absent from service

more than five (5) years, withdraw his or her contributions, retire

or die, he or she shall thereupon cease to be a member. The

provisions of this subsection shall not apply to any member of the

Teachers’ Retirement System of Oklahoma who has been a member of

such classes of military services as may be approved by the Board of

Trustees, until a period of one and one-half (1 1/2) years from date

of termination of such service shall have elapsed.

F. Effective November 1, 2019, a retired member of the

Teachers’ Retirement System of Oklahoma who becomes employed by the

State Department of Education for the first time on or after

November 1, 2019, shall have the option to remain a member of the

Teachers’ Retirement System of Oklahoma subject to any applicable

limitations placed on retired members returning to work or may

choose to participate as an active member in the Oklahoma Public

Employees Retirement System defined benefit plan or the Oklahoma

Public Employees Retirement System defined contribution system,

Oklahoma Statutes - Title 70. Schools Page 722

whichever is applicable under the laws and rules governing those

systems.
Okla. Stat. tit. 70, § 70-6-180 — OK Code / Title 70 / Section 70-6-180
Short title
Status: in_force

This act shall be known and may be cited as the "Oklahoma

Teacher Preparation Act".
Okla. Stat. tit. 70, § 70-23-115 — OK Code / Title 70 / Section 70-23-115
Rights of trustee
Status: in_force

Any holder of bonds issued under the provisions of this article

or any of the coupons appertaining thereto, and the trustee under

the trust agreement, except to the extent the rights herein given

may be restricted by such trust agreement, may, either at law or in

equity, by suit, action, mandamus or other proceeding protect and

enforce any and all rights under the laws of the state or granted

hereunder or under such trust agreement or the resolution

authorizing the issuance of such bonds, and may enforce and compel

the performance of all duties required by this article or by such

trust agreement or resolution to be performed by the Authority or by

any officer thereof including the fixing, charging and collecting of

fees.
Okla. Stat. tit. 70, § 70-5-160 — OK Code / Title 70 / Section 70-5-160
Interaccount and interfund transfers
Status: in_force

The chief executive officer, or designee, as authorized by the

governing body, may transfer any unexpended and unencumbered

appropriation or any portion thereof from one account to another

within the same fund; except that no appropriation for debt service

or other appropriation required by law or regulation may be reduced

below the minimums required. Other interfund transfers may be made

only as authorized by this act or as provided in the budget as

adopted or amended according to this act. Whenever the necessity

for maintaining any special fund of a school district has ceased to

exist and a balance remains in the fund, the governing body may

Oklahoma Statutes - Title 70. Schools Page 328

authorize the transfer of the balance to the general fund.

Applicable law shall govern the use or transfer of any remaining

balance in any debt service or bond fund.
Okla. Stat. tit. 70, § 70-16-108 — OK Code / Title 70 / Section 70-16-108
Surety bond - Approval of contract - Recoveries
Status: in_force

The bidder to whom one or more contracts may be awarded shall

make and execute a good and sufficient surety bond, payable to the

State of Oklahoma, in a sum not less than Two Thousand Dollars

($2,000.00), nor more than Ten Thousand Dollars ($10,000.00), to be

fixed by the Committee, conditioned that the contractor shall

perform all of the conditions of the contract. Prior to acceptance,

the contract shall be approved by an attorney for the State

Department of Education and shall be in conformity with, and subject

to, all of the provisions of this article. The bond shall not be

exhausted by a single recovery thereon but may be sued upon until

the full amount thereof is recovered; and the Committee may, after

twenty (20) days' notice, require a new bond to be given, and in the

event the contractor shall fail to furnish such new bond, such

contract may at the option of the Committee be forfeited.
Okla. Stat. tit. 70, § 70-6-194.2 — OK Code / Title 70 / Section 70-6-194.2
Scholarships for attending Great Expectations Summer
Status: in_force

Institutes for Teachers.

A. Beginning with the 1997-98 school year, the State Board of

Education shall award scholarships to public school districts who

wish to have teachers and administrators from certain school sites

attend the Great Expectations Summer Institutes for Teachers offered

by an institution within The Oklahoma State System of Higher

Education. Any school district applying for a scholarship for

teachers and administrators from a school site which is currently,

or has been, identified as a school in need of improvement pursuant

to the provisions of Section 1210.541 of this title for any of the

previous three (3) school years, shall be given priority for receipt

of such scholarship. Scholarships shall be awarded based on the

amount of funds allocated to the State Department of Education for

such purpose.

B. The State Board of Education shall develop criteria for

scholarship awards and shall promulgate rules as necessary to

implement the process by which the scholarships shall be awarded.
Okla. Stat. tit. 70, § 70-3910 — OK Code / Title 70 / Section 70-3910
Limitation on contracts for accounting services
Status: in_force

A board of regents shall not contract for or otherwise obtain

the services of an independent accounting firm or individual to

perform financial audits for an institution for more than five (5)

consecutive years. If an independent accounting firm or individual

has conducted financial audits of an institution of higher education

for five (5) consecutive years, the board shall not obtain the

auditing services of said firm or individual for said institution

for at least two (2) years.
Okla. Stat. tit. 70, § 70-821.4 — OK Code / Title 70 / Section 70-821.4
Fees and charges - Maturity and interest - Redemption - Negotiability - Registration -
Status: in_force

Proceeds - Recitals - Exemption from taxation - Corporate trustee - Rights of bondholders -

Oklahoma Statutes - Title 70. Schools Page 46

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Oklahoma Statutes - Title 70. Schools Page 48

Oklahoma Statutes - Title 70. Schools Page 49

Oklahoma Statutes - Title 70. Schools Page 50

Oklahoma Statutes - Title 70. Schools Page 51

Oklahoma Statutes - Title 70. Schools Page 52

Oklahoma Statutes - Title 70. Schools Page 53

Oklahoma Statutes - Title 70. Schools Page 54Negotiability - Registration - Proceeds - Recitals - Exemption from

taxation - Corporate trustee - Rights of bondholders - Depository.

The provisions set forth in this section shall be applicable to

all bonds issued under authority of this act.

(a). It shall be the mandatory duty of the governing body of

any independent school district to fix such fees, tolls, rent and

other charges for use of the facilities of any such stadium, sport

arena or other recreational facility and for additions thereto and

for additions to existing stadium, sport arena or other recreational

facility, in this act sometimes referred to as the "Project," as

will yield revenues fully sufficient to operate and maintain such

Project, pay the principal of and interest on the bonds when due,

and to establish and maintain such reserve as may be prescribed in

the resolution authorizing the bonds or in the Indenture securing

them.

(b). The bonds shall mature serially or otherwise at such time

or times, and shall bear interest at such rate or rates, as shall be

prescribed in the resolution authorizing the bonds or in the

Indenture securing them; provided that the sale of the bonds shall

be for cash at not less than par and accrued interest and shall be

sold after competitive bidding to produce the maximum sale price at

the lowest possible interest rate. The interest cost shall not

exceed four percent (4%) per annum, computed on average maturities

according to Standard Tables of Bond Values.

Oklahoma Statutes - Title 70. Schools Page 1133

(c). The resolution authorizing, or the Indenture securing the

bonds, shall prescribe the rights, if any, which the independent

school district may have to redeem all or any part of said bonds

prior to maturity, and the conditions under which and the prices not

in excess of par and accrued interest at which they may be

redeemable and the rights of the independent school district to

redeem the bonds prior to scheduled maturity dates shall be limited

to such provisions.

(d). All bonds issued hereunder shall have and are hereby

declared to have all of the qualifications and incidents of

negotiable instruments.

(e). The resolution authorizing, or the Indenture accruing any

such bonds, may contain provisions that the bonds shall be

registerable as to principal or as to both principal and interest.

(f). The proceeds of the bonds shall be used solely to pay the

cost of the Project. There may be included in the cost of the

Project for which bonds are to be issued reasonable allowance for

legal and engineering services, interest during construction and for

six (6) months after estimated date of completion of construction.

Such proceeds shall be disbursed under such restrictions as may be

provided in the bond resolution or Indenture, and there shall be and

there is hereby created and granted a lien upon such monies, until

so applied, in favor of the holders of the bonds or of any trustee

provided for in respect to such bonds. If so provided in such

resolution or Indenture in the event that proceeds of the bonds

prove insufficient to pay the cost of the project additional bonds

may be issued to the amount of the deficit and shall be deemed to be

of the same issue and entitled to payment from the same fund without

preference or priority of the bonds first issued. Any surplus

remaining from bond proceeds after the cost of the project has been

paid in full shall be used in retiring bonds.

(g). The resolution authorizing the bonds may provide that such

bonds shall contain a recital that they are issued pursuant to this

act.

(h). Any bond issued pursuant to the provisions of this act

shall be exempt from taxation by the State of Oklahoma or by any

county or municipal corporation, or other political subdivision

therein.

(i). If so provided in the resolution authorizing the bonds the

Indenture may be executed by and between such independent school

district and a corporate trustee, which may be any trust company or

bank within or outside of the State of Oklahoma, having powers of a

trust company.

(j). Either the resolution providing for the issuance of the

bonds or such Indenture may contain such provisions for protecting

or enforcing the rights of remedies of the bondholders as may be

reasonable or proper and not in violation of law, including

Oklahoma Statutes - Title 70. Schools Page 1134

covenants setting forth the duties of the independent school

district in relationship to the acquisition of properties and the

construction, maintenance, operation or repair and insurance of the

project and the custody, safeguarding and application of all monies

received from the sale of the bonds and from the operation of the

Projects.

(k). It shall be lawful for any bank or trust company in this

state to act as depository for the proceeds of bonds or revenues

derived from the operation of the Project and to furnish such

indemnity bonds or to pledge such securities as may be required by

the independent school district. Such Indenture or resolution may

set forth the rights and remedies of the bondholders and of the

trustee and may restrict the individual rights of action of the

bondholders. In addition such bond resolution or Indenture may

contain such other provisions as the governing body of such

independent school district may deem reasonable and proper for the

security of the bondholders including, but without limitation,

covenants prescribing all happenings, or occurrences which

constitute events of default and the terms and conditions upon which

all or any of the bonds shall become or may be declared to be due

before maturity, and as to the rights, liabilities, powers and

duties arising from the breach by the independent school district of

any of its duties or obligations.

(l). That any holder or holders of bonds issued hereunder,

including a trustee or trustees for such holders, shall have the

right in addition to all other rights by mandamus or other

proceedings in any Court of competent jurisdiction to enforce his or

their rights against the independent school district and its

employees and against any Board of trustees which may be created to

operate the Project, the agents and employees thereof, or any lessee

of any such Project, including, but not limited to, the right to

require the independent school district and such board to impose and

collect sufficient income, tolls, fees, rents, charges and other

revenues to carry out the agreements contained in the bond

resolution or Indenture and to perform all agreements and covenants

therein contained and duties arising therefrom, and in the event of

default as defined in the resolution authorizing the bonds or in the

Indenture, to apply for and obtain the appointment of a receiver for

any properties involved. If such receiver be appointed, he may

enter and take possession of the project and until the independent

school district may no longer be in default or until relieved by the

Court retain possession of the properties involved, and collect and

receive all revenues and tolls arising therefrom in the same manner

as the independent school district itself might do and shall dispose

of such monies and apply same in accordance with the obligations of

the independent school district under the bond or resolution or

Indenture and as the court may direct. Nothing in this act shall

Oklahoma Statutes - Title 70. Schools Page 1135

authorize any bondholder to require the independent school district

to use any funds in the payment of the principal of, or interest on,

such bonds except out of revenues pledged to their payment.

(m). The resolution authorizing, or the Indenture securing

bonds issued under this act may contain provisions to the effect

that so long as the revenues of the Project are pledged to the

payment of bonds no fee admission or use can be given.

(n). The provisions contained in the resolution authorizing the

bonds and in the Indenture and the applicable provisions of this act

shall constitute an irrepealable contract between such independent

school district and the holders of such bonds.
Okla. Stat. tit. 70, § 70-24-100.4 — OK Code / Title 70 / Section 70-24-100.4
School Safety and Bullying Prevention Act - Discipline of child - Prohibition of bullying
Status: in_force

Oklahoma Statutes - Title 70. Schools Page 31Discipline of child - Prohibition of bullying at school and online –

Policy requirements.

A. Each school district board of education shall adopt a policy

for the discipline of all children attending public school in that

district, and for the investigation of reported incidents of

bullying. The policy shall provide options for the discipline of

the students and shall define standards of conduct to which students

are expected to conform. The policy shall:

1. Specifically address bullying by students at school and by

electronic communication, if the communication is specifically

directed at students or school personnel and concerns bullying at

school;

Oklahoma Statutes - Title 70. Schools Page 913

2. Contain a procedure for reporting an act of bullying to a

school official or law enforcement agency, including a provision

that permits a person to report an act anonymously. No formal

disciplinary action shall be taken solely on the basis of an

anonymous report;

3. Contain a requirement that any school employee that has

reliable information that would lead a reasonable person to suspect

that a person is a target of bullying shall immediately report it to

the principal or a designee of the principal;

4. Contain a statement of how the policy is to be publicized

including a requirement that:

a. an annual written notice of the policy be provided to

parents, guardians, staff, volunteers and students,

with age-appropriate language for students,

b. notice of the policy be posted at various locations

within each school site, including but not limited to

cafeterias, school bulletin boards, and administration

offices,

c. the policy be posted on the Internet website for the

school district and each school site that has an

Internet website, and

d. the policy be included in all student and employee

handbooks;

5. Require that appropriate school district personnel involved

in investigating reports of bullying make a determination regarding

whether the conduct is actually occurring;

6. Contain a procedure for providing timely notification to the

parents or guardians of a victim of documented and verified bullying

and to the parents or guardians of the perpetrator of the documented

and verified bullying;

7. Identify by job title the school official responsible for

enforcing the policy;

8. Contain procedures for reporting to law enforcement all

documented and verified acts of bullying which may constitute

criminal activity or reasonably have the potential to endanger

school safety;

9. Require training for administrators and school employees as

developed and provided by the State Department of Education in

preventing, identifying, responding to and reporting incidents of

bullying. The training shall be completed the first year an

administrator or school employee is employed by a school district,

and then once every fifth academic year;

10. Provide for an educational program as designed and

developed by the State Department of Education and in consultation

with the Office of Juvenile Affairs for students and parents in

preventing, identifying, responding to and reporting incidents of

bullying;

Oklahoma Statutes - Title 70. Schools Page 914

11. Establish a procedure for referral of a person who commits

an act of bullying to a delinquency prevention and diversion program

administered by the Office of Juvenile Affairs;

12. Address prevention by providing:

a. consequences and remedial action for a person who

commits an act of bullying,

b. consequences and remedial action for a student found

to have falsely accused another as a means of

retaliation, reprisal or as a means of bullying, and

c. a strategy for providing counseling or referral to

appropriate services, including guidance, academic

intervention, and other protection for students, both

targets and perpetrators, and family members affected

by bullying, as necessary;

13. Establish a procedure for:

a. the investigation, determination and documentation of

all incidents of bullying reported to school

officials,

b. identifying the principal or a designee of the

principal as the person responsible for investigating

incidents of bullying,

c. reporting the number of incidents of bullying, and

d. determining the severity of the incidents and their

potential to result in future violence;

14. Establish a procedure whereby, upon completing an

investigation of bullying, a school may recommend that available

community mental health care, substance abuse or other counseling

options be provided to the student, if appropriate; and

15. Establish a procedure whereby a school may request the

disclosure of any information concerning students who have received

mental health, substance abuse, or other care pursuant to paragraph

14 of this subsection that indicates an explicit threat to the

safety of students or school personnel, provided the disclosure of

the information does not violate the requirements and provisions of

the Family Educational Rights and Privacy Act of 1974, the Health

Insurance Portability and Accountability Act of 1996, Section 2503

of Title 12 of the Oklahoma Statutes, Section 1376 of Title 59 of

the Oklahoma Statutes, or any other state or federal laws regarding

the disclosure of confidential information.

B. In developing the policy, the district board of education

shall make an effort to involve the teachers, parents,

administrators, school staff, school volunteers, community

representatives, local law enforcement agencies and students. The

students, teachers, and parents or guardian of every child residing

within a school district shall be notified by the district board of

education of its adoption of the policy and shall receive a copy

upon request. The school district policy shall be implemented in a

Oklahoma Statutes - Title 70. Schools Page 915

manner that is ongoing throughout the school year and is integrated

with other violence prevention efforts.

C. The teacher of a child attending a public school shall have

the same right as a parent or guardian to control and discipline

such child according to district policies during the time the child

is in attendance or in transit to or from the school or any other

school function authorized by the school district or classroom

presided over by the teacher.

D. Except concerning students on individualized education plans

(IEP) pursuant to the Individuals with Disabilities Education Act

(IDEA), P.L. No. 101-476, the State Board of Education shall not

have authority to prescribe student disciplinary policies for school

districts or to proscribe corporal punishment in the public schools.

The State Board of Education shall not have authority to require

school districts to file student disciplinary action reports more

often than once each year and shall not use disciplinary action

reports in determining a school district's or school site's

eligibility for program assistance including competitive grants.

E. The board of education of each school district in this state

shall have the option of adopting a dress code for students enrolled

in the school district. The board of education of a school district

shall also have the option of adopting a dress code which includes

school uniforms.

F. The board of education of each school district in this state

shall have the option of adopting a procedure that requires students

to perform campus-site service for violating the district's policy.

G. The State Board of Education shall:

1. Promulgate rules for periodically monitoring school

districts for compliance with this section and providing sanctions

for noncompliance with this section;

2. Establish and maintain a central repository for the

collection of information regarding documented and verified

incidents of bullying; and

3. Publish a report annually on the State Department of

Education website regarding the number of documented and verified

incidents of bullying in the public schools in the state.
Okla. Stat. tit. 70, § 70-13-114.5 — OK Code / Title 70 / Section 70-13-114.5
Allocation of funds for Hissom Compliance
Status: in_force

Funds appropriated to the State Board of Education for Hissom

Compliance purposes shall be used to provide resources and programs

determined by the Board to be necessary to comply with any federal

court order pertaining to Hissom Memorial Center which requires any

such resources and programs.
Okla. Stat. tit. 70, § 70-11-101.1 — OK Code / Title 70 / Section 70-11-101.1
Voluntary prayer
Status: in_force

The board of education of each school district shall permit

those students and teachers who wish to do so to participate in

voluntary prayer. Nothing in this act shall be construed to be in

conflict with Section 11-101 of Title 70 of the Oklahoma Statutes.
Okla. Stat. tit. 70, § 70-21-111 — OK Code / Title 70 / Section 70-21-111
Penalties
Status: in_force

Any person violating any of the provisions of this act shall be

guilty of a misdemeanor and upon conviction shall be punished by a

Oklahoma Statutes - Title 70. Schools Page 890

fine of not less than One Hundred Dollars ($100.00) nor more than

Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment

for a period of time not to exceed thirty (30) days.
Okla. Stat. tit. 70, § 70-4418.2 — OK Code / Title 70 / Section 70-4418.2
References deemed to be to Western Oklahoma State
Status: in_force

College - Legal status not affected.

Wherever the laws of this state refer to this institution as

Altus Junior College or any other name, the reference shall be

deemed to be to Western Oklahoma State College. The name herein

prescribed shall not affect in any manner whatsoever any legal

relationships, bonds, contracts, supervisory authority by the

Oklahoma State Regents for Higher Education, title to property,

obligations, or any other phase or aspect of the legal status of the

institution or its Board of Regents for any purpose, except that

this institution shall be referred to as "Western Oklahoma State

College" and its Board of Regents shall be referred to as the "Board

of Regents of Western Oklahoma State College."
Okla. Stat. tit. 70, § 70-6-194v1 — OK Code / Title 70 / Section 70-6-194v1
District professional development programs
Status: in_force

A. The district boards of education of this state shall

establish professional development programs for the certified

teachers and administrators of the district. Programs shall be

adopted by each board based upon recommendations of a professional

development committee appointed by the board of education for the

district.

B. Each professional development committee shall include

classroom teachers, administrators, school counselors or licensed

mental health providers, and parents, guardians, or custodians of

children in the school district and shall consult with a higher

education faculty. A majority of the members of the professional

development committee shall be composed of classroom teachers. The

teacher members shall be selected by a designated administrator of

the school district from a list of names submitted by the teachers

in the school district. The members selected shall be subject to

the approval of a majority vote of the teachers in the district.

C. In developing program recommendations, each professional

development committee shall annually utilize a data-driven approach

to analyze student data and determine district and school

Oklahoma Statutes - Title 70. Schools Page 454

professional development needs. The professional development

programs adopted shall be directed toward development of

competencies and instructional strategies in the core curriculum

areas for the following goals:

1. Increasing the academic performance data scores for the

district and each school site;

2. Closing achievement gaps among student subgroups;

3. Increasing student achievement as demonstrated on state-

mandated tests and the ACT;

4. Increasing high school graduation rates; and

5. Decreasing college remediation rates.

Each program may also include components on classroom management

and student discipline strategies, outreach to parents, guardians,

or custodians of students, special education, and racial and ethnic

education, which all personnel defined as teachers in Section 1-116

of this title shall be required to complete at a frequency as

determined by the board of education. The State Board of Education

shall provide guidelines to assist school districts in developing

and implementing racial and ethnic education components into

professional development programs.

D. A program which includes the following information shall be

completed the first year a certified teacher is employed by a school

district, and then once every fifth academic year:

1. Training on recognition of child abuse and neglect;

2. Recognition of child sexual abuse;

3. Proper reporting of suspected abuse including the reporting

requirements of Section 1-2-101 of Title 10A of the Oklahoma

Statutes and Section 1210.163 of this title and associated penalties

for failure to report; and

4. Available resources.

E. One time per year, beginning in the 2009-2010 school year,

training in the area of autism shall be offered and all resident

teachers of students in early childhood programs through grade three

shall be required to complete the autism training during the

resident year and at least one time every three (3) years

thereafter. All other teachers and education support professionals

of students in early childhood programs through grade three shall be

required to complete the autism training at least one time every

three (3) years. The autism training shall include a minimum

awareness of the characteristics of autistic children, resources

available and an introduction to positive behavior supports to

challenging behavior. Each adopted program shall allow school

counselors to receive at least one-third (1/3) of the hours or

credit required each year through programs or courses specifically

designed for school counselors.

Districts are authorized to utilize any means for professional

development that is not prohibited by law including, but not limited

Oklahoma Statutes - Title 70. Schools Page 455

to, professional development provided by the district, any state

agency, institution of higher education, or any private entity.

F. One time per year, beginning in the 2020-2021 school year, a

dyslexia awareness program shall be offered. Beginning in the 2023-

2024 school year, the program shall include information and training

in dysgraphia. At a minimum, the program shall include:

1. Training in awareness of dyslexia characteristics in

students;

2. Training in effective classroom instruction to meet the

needs of students with dyslexia; and

3. Available dyslexia resources for teachers, students and

parents.

G. Except as otherwise provided for in this subsection, each

certified teacher in this state shall be required by the district

board of education to meet the professional development requirements

established by the board, or established through the negotiation

process. Except as otherwise provided for in this subsection, the

professional development requirements established by each board of

education shall require every teacher to annually complete a minimum

number of the total number of points required to maintain

employment; provided, no more than a total of one hundred fifty

(150) hours of local, state, or federal professional development or

training shall be required for classroom teachers during any five-

year period. Failure of any teacher to meet district board of

education professional development requirements may be grounds for

nonrenewal of such teacher’s contract by the board. Such failure

may also be grounds for nonconsideration of salary increments

affecting the teacher. Teachers shall maintain written

documentation of all their completed professional development.

H. Each district shall annually submit a report to the State

Department of Education on the district level professional

development needs, activities completed, expenditures, and results

achieved for each school year by each goal as provided in subsection

C of this section. If a school district elects not to adopt and

offer a professional development program as provided for in

subsection A of this section, the district shall not be required to

submit an annual report as required pursuant to this subsection but

shall report to the State Department of Education its election not

to offer a program and all professional development activities

completed by teachers and administrators of the school district.

I. Subject to the availability of funds, the Department shall

develop an online system for reporting as required in subsection H

of this section. The Department shall also make such information

available on its website.
Okla. Stat. tit. 70, § 70-6-149.5 — OK Code / Title 70 / Section 70-6-149.5
Awarding of costs and attorney fees – Expert witness
Status: in_force

fees.

A. In any civil action or proceeding against a school or an

education employee, the court may award costs and reasonable

attorney fees to the prevailing party. In any civil action or

proceeding by or between any education employee and a school or

other education employee, the provisions of this section shall not

apply.

B. Expert witness fees may be included as part of the costs

awarded under this section.
Okla. Stat. tit. 70, § 70-821.5 — OK Code / Title 70 / Section 70-821.5
Board of Trustees
Status: in_force

During the time any such Project is encumbered by the pledge of

its revenues, the resolution authorizing the bonds or the Indenture

may vest its management and control in a Board of Trustees, to be

named in such resolution or Indenture, consisting of three members,

or maybe a corporation organized for such purpose. The compensation

of the members of such board of trustees shall be fixed by such

resolution or Indenture, but shall never exceed one percent (1%) of

the gross receipts of such Project in any one (1) year. The terms

of office of the members of such board of trustees, whether

individuals, or the corporation referred to their powers and duties,

and manner of exercising same the manner of the selection of their

successors, and all matters pertaining to their duties and the

organization of such board of trustees shall be specified in such

resolution or Indenture. Any such board of trustees may adopt bylaws

regulating the procedure of the board and fixing the duties of its

officers, but the bylaws shall not contain any provision in conflict

with the covenants and provisions contained in the resolution

authorizing the bonds or the Indenture. In all matters wherein the

resolution or Indenture are silent as to the powers, duties,

obligations and procedure of the board, the laws and rules governing

the governing body of such independent school district shall control

the board of trustees in so far as applicable. The board may be

granted by the resolution or Indenture, and in that event shall

have, all or any of the powers and authority, which could be

exercised by the governing body of the independent school district,

insofar as the management and operation of any such Project is

concerned.
Okla. Stat. tit. 70, § 70-17-108 — OK Code / Title 70 / Section 70-17-108
Contributions and funds
Status: in_force

A. Each local school district, or state college or university,

or State Board of Education, or State Board of Career and Technology

Education, or other state agencies whose employees are members of

the Teachers’ Retirement System of Oklahoma (“participating

employers”), shall match, on a pro rata basis, in accordance with

subsection B of this section the contributions of members whose

salaries are paid by federal funds or externally sponsored

agreements such as grants, contracts and cooperative agreements.

These funds shall be remitted at the same time as the regular

contributions of members are remitted to the Teachers’ Retirement

System of Oklahoma and deposited in the Retirement Benefit Fund.

B. On an annual basis, the Board of Trustees shall set two

contribution rates to be paid by contributing employers as provided

in subsection A of this section. Both contribution rates shall be

determined using cost principles established by federal regulations

and shall be consistent with policies, regulations and procedures

Oklahoma Statutes - Title 70. Schools Page 747

that apply uniformly to both federally assisted and other

activities, and be accorded consistent treatment through application

of generally accepted accounting principles. The Board shall

approve the contribution rates for each fiscal year ending June 30,

no later than April 1 of the previous fiscal year. The first rate

shall be applied to service performed during the regular school year

of the participating employer. The second rate shall be applied to

service performed by members during a summer school program of the

participating employer. For the purposes of this subsection,

“summer school program” is defined as a program offering academic

enrichment for students from prekindergarten through twelfth grade

during the summer term after the close of the school year. Members

shall only be considered as providing service to a summer school

program if such service is provided pursuant to a separate summer

school contract between the member and the participating employer.

The term summer school program does not include services performed

at a participating employer offering an extended school year

pursuant to Section 1-109.1 of this title, or services performed by

staff pursuant to a twelve-month contract with the employer. The

method applied to setting the second contribution rate may take into

consideration whether, or to what extent, such service is likely to

add to members’ service credit or final average salary; provided,

however, the second rate shall not exceed one-half (1/2) of the

first rate established in this subsection. The actuary retained by

the Board may recommend such rates using assumptions that apply to

the group of those members whose service is subject to the second

contribution rate.

C. All the assets of the retirement system shall be credited

according to the purpose for which they are held to one of seven

funds, namely: The Teachers’ Savings Fund, the Retirement Benefit

Fund, the Interest Fund, the Permanent Retirement Fund, the Expense

Fund, the Suspense Fund, and the Retiree Medical Benefit Fund.

1. The Teachers’ Savings Fund shall be a fund in which shall be

accumulated the regular contributions from the compensation of

members, including applicable interest earnings prior to July 1,

1968. Contributions to and payments from the Teachers’ Savings Fund

shall be made as specifically provided in each plan available within

the retirement system.

2. The deductions provided for in the plans within the

retirement system shall be made notwithstanding that the minimum

compensation provided for any member shall be reduced thereby.

Every member shall be deemed to consent and agree to the deductions

made and provided for herein and payment of salary or compensation,

less the deduction, shall be a full and complete discharge and

acquittance of all claims and demands whatsoever for the services

rendered by such person during the period covered by such payment,

except as to the benefits provided under Section 17-101 et seq. of

Oklahoma Statutes - Title 70. Schools Page 748

this title. The employer shall certify to the Board of Trustees on

each and every payroll, or in such other manner as the Board may

prescribe, the amounts to be deducted, and each of the amounts shall

be deducted, and when deducted shall be paid into the Teachers’

Savings Fund, and shall be credited to the individual account of the

member from whose compensation the deduction was made.

3. Following the termination of membership in the retirement

system for any member who has been absent from service for five (5)

years in any period of six (6) consecutive years, the Teachers’

Savings Fund Account of such member shall be closed and the amount

due the member as provided in Section 17-105 of this title shall be

paid upon the filing of formal application. At the time such

membership is terminated the amount due the member as provided in

Section 17-105 of this title shall be transferred to the Suspense

Fund.

4. Upon the retirement of a member, the balance of money the

member had in the Teachers’ Savings Fund shall be transferred to the

Retirement Benefit Fund.

5. Retirement Benefit Fund.

a. After August 2, 1969, there shall be transferred from

the Teachers’ Savings Fund for those members drawing

retirement benefits from the Teachers’ Retirement

System of Oklahoma an amount necessary to provide the

monthly annuity payments and payments as required in

Section 17-107 of this title. In addition, the fund

shall consist of monies received from any state

dedicated revenue, monies received from state

appropriations, monies received from federal matching

funds, and the residue of the interest on investments

after the requirements of Section 17-107 of this title

have been fully met. The Retirement Benefit Fund

shall consist of an amount of money necessary for the

making of retirement payments to retirees.

b. From the Retirement Benefit Fund shall be paid all

monthly retirement allowances.

6. The Interest Fund is hereby created to facilitate the

crediting of interest to the various other funds to which interest

is to be credited. All income, interest and dividends derived from

the deposits and investments authorized by Section 17-101 et seq. of

this title shall be paid into the Interest Fund. On June 30, each

year, interest shall be transferred to the other funds as herein

provided.

7. The Permanent Retirement Fund shall consist of the

accumulated gifts, awards, and bequests made to the retirement

system, and transfers from the Suspense Fund, the principal of which

is hereby held and dedicated as a perpetual endowment of the

retirement system and shall not be diverted or appropriated to any

Oklahoma Statutes - Title 70. Schools Page 749

other cause or purpose unless specifically provided for in such

gifts, awards or bequests.

8. The Expense Fund shall be the fund from which the expense of

administration and maintenance of the retirement system shall be

paid. The Board of Trustees shall cause to be prepared and adopt

annually an itemized budget showing the amount required to defray

the expenses for the ensuing fiscal year.

Transfers to and payments from this fund shall be made as

follows: first, from the Interest Fund; second, from any dedicated

revenue; and, third, from appropriation by the Legislature.

All monies for the operation of the Teachers’ Retirement System

of Oklahoma shall be paid from the Expense Fund upon the approval by

the Board of Trustees and the checks signed by two people designated

to sign such checks by the Board of Trustees of the Teachers’

Retirement System of Oklahoma.

9. The Suspense Fund shall be comprised of amounts transferred

to the fund as provided in this section and Section 17-105 of this

title and obligations of the retirement system to any member or

person which cannot be legally discharged.

10. Collection of Contributions. The collection of members’

contributions shall be as follows:

a. Each employer shall cause to be deducted on each and

every payroll or claim of a member for each and every

payroll claim period subsequent to the date of

establishment of the retirement system the

contribution payable by such member as provided in

Section 17-101 et seq. of this title. With each and

every payroll or claim the employer shall deliver to

the treasurer of the employer warrants issued to the

employees as shown to be due by the payroll or claim,

together with a warrant or warrants in favor of the

Teachers’ Retirement System of Oklahoma as shown by

the payroll or claim.

b. The treasurer or disbursing officer upon delivery of

the warrants and a true copy of the payroll or claims

as provided above shall register the warrants as

provided for the registration of other school

warrants, and shall deliver to the employer warrants

issued in favor of the employees, and shall deliver

warrants issued in favor of the Teachers’ Retirement

System of Oklahoma and the copy of the payroll or

claims to the school district superintendent as

designated by the Board of Trustees. For the purpose

of collecting contributions of teachers in the public

schools, the superintendent of a school district is

hereby designated to receive the Teachers’ Retirement

warrants from the treasurer or proper disbursing

Oklahoma Statutes - Title 70. Schools Page 750

officer of the several school districts for the

purpose of transmitting such warrants and payroll or

claims to the Executive Director of the Teachers’

Retirement System of Oklahoma. Any college or

university or other educational institution or agency

operated in whole or in part by the state shall have

the amount retained or deducted from the funds

regularly appropriated by the state for the current

maintenance for such educational departments and

institutions.

c. For the purpose of enabling the collection of the

contributions of the members of the retirement system

to be made as simple as possible, the Board of

Trustees shall require the secretary or other officer

of each employer board or agency, within thirty (30)

days after the beginning of each school year, to make

a list of all teachers in its employ who are members

of the retirement system, certify to the correctness

of this list, and file the same with the Executive

Director of the Board of Trustees of the Teachers’

Retirement System of Oklahoma. If additions to or

deductions from this list should be made during the

year such additions or deductions shall likewise be

certified to the Board of Trustees of the Teachers’

Retirement System of Oklahoma.

d. The State Treasurer shall furnish annually to the

Board of Trustees a sworn statement of the amount of

the funds in his or her custody belonging to the

retirement system. The records of the Board of

Trustees shall be open to public inspection and any

member of the retirement system shall be furnished

with a statement of the amount of the credit to the

member’s individual account upon written request by

such member, provided the Board of Trustees shall not

be required to answer more than one such request of a

member in any one (1) year.

e. Failure of any superintendent, officer, or other

person to discharge the duties imposed upon him or her

by this act shall render him or her or his or her

bondsman liable for any loss occasioned thereby to the

Teachers’ Retirement System of Oklahoma or the

employees of the school district, or both.

f. On a showing by the Teachers’ Retirement System of

Oklahoma that a warrant, voucher or check issued to it

has, for any reason, been lost or never received,

after ninety (90) days from the date of issue or from

transmittal for payment, it shall be the duty of the

Oklahoma Statutes - Title 70. Schools Page 751

issuing authority forthwith, without any indemnifying

bond or other requirements, to issue a duplicate

thereof in lieu of that which was lost, to the

Teachers’ Retirement System of Oklahoma; and the

Teachers’ Retirement System of Oklahoma shall save

harmless any school district or agency of state

government making payment under the provisions hereof

to the Teachers’ Retirement System of Oklahoma if the

original warrant, voucher or check is later presented

for payment and same is paid after a duplicate

warrant, voucher or check has been issued and paid to

the Teachers’ Retirement System of Oklahoma, and any

loss sustained therefrom shall be charged to the

Interest Fund.

11. Rollover Contributions and Direct Trustee-to-Trustee

Transfers from Other Plans.

Any member may purchase credit for service, to the extent

specified in this title, with rollovers from an eligible retirement

plan as defined by the Internal Revenue Code of 1986, as amended

from time to time. A member may also purchase permissive service

credit, as defined by Title 26, United States Code, Section

415(n)(3)(A), with a direct trustee-to-trustee transfer from a

governmental Title 26, United States Code, Section 403(b) plan or

governmental Title 26, United States Code, Section 457(b) plan. All

rollovers and direct trustee-to-trustee transfers shall be allowed

to the extent permitted by federal law. Rollovers or direct

transfers in excess of the amount necessary to purchase such service

credit shall not be allowed.

12. Retiree Medical Benefit Fund.

The Retiree Medical Benefit Fund shall be maintained as a

subaccount under the Retirement Benefit Fund. The Retiree Medical

Benefit Fund is composed of all assets contributed to this

subaccount to pay the retirement system’s portion of the monthly

retiree health insurance benefits described in Section 1316.3 of

Title 74 of the Oklahoma Statutes. All allocated assets and the

earnings thereon in the Retiree Medical Benefit Fund shall be held

for the exclusive purpose of providing retiree medical benefits

pursuant to Section 1316.3 of Title 74 of the Oklahoma Statutes.

The Retiree Medical Benefit Fund shall be administered in accordance

with the requirements under Section 401(h) of the Internal Revenue

Code of 1986, as amended from time to time. An amount necessary to

pay the health insurance premiums for retired members as provided by

Section 1316.3 of Title 74 of the Oklahoma Statutes shall be

deposited each month into the Retiree Medical Benefit Fund.
Okla. Stat. tit. 70, § 70-3311.13 — OK Code / Title 70 / Section 70-3311.13
CLEET Private Security Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Council on Law Enforcement Education and Training to be

designated the "CLEET Private Security Revolving Fund". The fund

shall be a continuing fund, not subject to fiscal year limitations,

and shall consist of all monies received by the Council on Law

Enforcement Education and Training from the issuance of licenses to

security guards, security guard agencies, private investigators and

private investigative agencies. All monies accruing to the credit

of said fund are hereby appropriated and may be budgeted and

expended by the Council on Law Enforcement Education and Training

for the purpose of fulfilling all statutory obligations pursuant to

the provisions of the Oklahoma Security Guard and Private

Investigator Act and providing training and education programs for

security guards, security guard agencies, private investigators and

private investigative agencies. Expenditures from said fund shall

be made upon warrants issued by the State Treasurer against claims

filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment.

Oklahoma Statutes - Title 70. Schools Page 1506
Okla. Stat. tit. 70, § 70-4105 — OK Code / Title 70 / Section 70-4105
Existing private educational institutions
Status: in_force

Oklahoma Statutes - Title 70. Schools Page 1635

Nothing in this article shall affect any private educational

institution in existence when this Code becomes effective if such

institution is accredited as provided in this article.
Okla. Stat. tit. 70, § 70-6-211 — OK Code / Title 70 / Section 70-6-211
Educator supply-and-demand study
Status: in_force

The State Board of Education in cooperation with the Commission

for Educational Quality and Accountability, the Oklahoma State

Regents for Higher Education and institutions of higher education

shall conduct an educator supply-and-demand study every three (3)

years. The study shall identify areas of teacher shortage and make

recommendations for addressing the areas of most critical need. The

Board shall submit a report outlining the findings to the Governor,

the Speaker of the House of Representatives and the President Pro

Tempore of the Senate.
Okla. Stat. tit. 70, § 70-17-116.17 — OK Code / Title 70 / Section 70-17-116.17
Benefit calculations and increase
Status: in_force

A. Beginning July 1, 2000, a classified member who retired

prior to July 1, 1999, who continues to receive benefits on or after

July 1, 2000, shall have the member’s retirement allowance

calculated on the member’s current average salary plus Five Hundred

Dollars ($500.00).

B. Beginning July 1, 2000, a nonclassified member who retired

prior to July 1, 1999, who continues to receive benefits on or after

July 1, 2000, shall have the member’s retirement allowance

Oklahoma Statutes - Title 70. Schools Page 798

calculated on the member’s current average salary plus Two Hundred

Fifty Dollars ($250.00).

C. Beginning July 1, 2000, those individuals receiving benefits

pursuant to subsection (3) of Section 17-105 of Title 70 of the

Oklahoma Statutes whose benefits commenced prior to July 1, 1999,

shall receive an increase in benefits of one and eight-tenths

percent (1.8%).
Okla. Stat. tit. 70, § 70-3980.4 — OK Code / Title 70 / Section 70-3980.4
Authorized revenues for repayment of obligations -
Status: in_force

Approval procedures for issuance of obligations - Restrictions on

issuance.

A. The Oklahoma State Regents for Higher Education shall be

authorized to issue indebtedness for capital projects to benefit

each and every institution within The Oklahoma State System of

Higher Education except the University of Oklahoma and Oklahoma

State University.

B. The Board of Regents of the University of Oklahoma shall be

authorized to issue indebtedness for capital projects to benefit the

University of Oklahoma as provided by paragraph (n) of Section 3305

of this title. The Board of Regents of the University of Oklahoma,

acting for the benefit of the University of Oklahoma, shall be

authorized to pledge any lawfully available source of revenue other

than revenues appropriated by the Legislature from tax receipts, but

inclusive of revenues derived from the Oklahoma Education Lottery

Act accruing to the credit of the University of Oklahoma to the

Oklahoma Statutes - Title 70. Schools Page 1598

repayment of obligations issued pursuant to this subsection and,

with respect to obligations issued for the purpose specified in

Section 160.1 of Title 62 of the Oklahoma Statutes, inclusive of

monies accruing to the credit of the Comprehensive Cancer Center

Debt Service Revolving Fund.

C. The Board of Regents for the Oklahoma Agricultural and

Mechanical Colleges shall be authorized to issue indebtedness for

capital projects to benefit Oklahoma State University pursuant to

paragraph 16 of Section 3412 of this title. The Board of Regents

for the Oklahoma Agricultural and Mechanical Colleges, acting for

the benefit of Oklahoma State University, shall be authorized to

pledge any lawfully available source of revenue, other than revenues

appropriated by the Legislature from tax receipts, but inclusive of

revenues derived from the Oklahoma Education Lottery Act, accruing

to the credit of Oklahoma State University to the repayment of

obligations issued pursuant to this subsection.

D. The Board of Regents of Oklahoma Colleges, also known as the

Regional University System of Oklahoma (RUSO) pursuant to Section

3507.1 of this title, shall be authorized to issue indebtedness for

capital projects to benefit the institutions supervised and managed

by RUSO. RUSO shall be authorized to pledge any lawfully available

source of revenue, other than revenue appropriated by the

Legislature from tax receipts, but inclusive of revenues derived

from the Oklahoma Education Lottery Act, accruing to the credit of

institutions supervised and managed by RUSO to the repayment of

obligations issued pursuant to this subsection.

E. The Oklahoma State Regents for Higher Education shall be

required to affirmatively approve the issuance of obligations

pursuant to the provisions of the Oklahoma Higher Education Promise

of Excellence Act of 2005 by either the Board of Regents of the

University of Oklahoma, acting for the benefit of the University of

Oklahoma, the Board of Regents for the Oklahoma Agricultural and

Mechanical Colleges, acting for the benefit of Oklahoma State

University, or RUSO, acting for the benefit of institutions

supervised and managed by RUSO. For each of the proposed bond

issues authorized pursuant to the Oklahoma Higher Education Promise

of Excellence Act of 2005, a Statement of Essential Facts shall be

prepared by the issuing Board of Regents for the use and information

of prospective bond purchasers. It shall be the duty of the

Oklahoma State Regents for Higher Education to examine such

Statement of Essential Facts and determine that, based upon such

facts and projections, the projected revenue will satisfy the

financial obligation to be incurred under the proposed bond issue.

If the facts are found by the State Regents to be substantially

accurate and if the State Regents find that, based upon such facts

and projections, the projected revenue will satisfy the financial

obligation to be incurred under the proposed bond issue, then the

Oklahoma Statutes - Title 70. Schools Page 1599

Oklahoma State Regents for Higher Education shall certify such to

the Governor, the Speaker of the House of Representatives, and the

President Pro Tempore of the Senate. The certificate shall be made

in substantially the following form:

The Oklahoma State Regents for Higher Education do hereby

certify that the provisions of this section have been complied with

in proper order, for the bond issue mentioned above.

F. All obligations except refunding or defeasance obligations

proposed to be issued by an authorized issuer pursuant to the

Oklahoma Higher Education Promise of Excellence Act of 2005 shall be

subject to final approval by the Legislature as provided by this

subsection. The authorized issuer shall communicate the proposed

projects and the terms of the financing to the Governor, the Speaker

of the House of Representatives, and the President Pro Tempore of

the Senate prior to the time any such obligations are sold. The

communication required by this subsection shall be made not later

than April 1 each year. The communication to such elected officials

shall occur upon the same date for purposes of computing the time

within which action must be taken as further prescribed by this

subsection. The Legislature shall have a period of forty-five

calendar days from the date as of which the information is

communicated to the presiding officers of both chambers in order to

pass a Concurrent Resolution disapproving the proposed issuance. If

the Concurrent Resolution has not received a majority of votes of

those elected to and constituting both the House of Representatives

and the Senate by the end of the forty-fifth day following the date

upon which the proposed issuance is communicated to the presiding

officers of both chambers, the proposed issuance shall be deemed to

have been approved by the Legislature.

G. With the approval of the Oklahoma State Regents for Higher

Education, the total revenues described by subsection B and

subsection C of this section may be pledged to the repayment of

obligations issued by either the Board of Regents of the University

of Oklahoma or obligations issued by the Board of Regents for the

Oklahoma Agricultural and Mechanical Colleges in order to obtain the

highest possible credit rating. If the Board of Regents of the

University of Oklahoma and the Board of Regents for the Oklahoma

Agricultural and Mechanical Colleges agree to the use of the total

revenues available to each such Board of Regents pursuant to this

subsection for a project that benefits either the University of

Oklahoma or Oklahoma State University or both such comprehensive

universities, there shall be an agreement executed by both such

Boards of Regents describing the project, the principal amount of

the indebtedness, the terms of the financing, and such other matters

as the two Boards of Regents may mutually agree. Such agreement

shall be executed prior to the sale of any obligations by either

Board of Regents with respect to the proposed project or projects.

Oklahoma Statutes - Title 70. Schools Page 1600

The agreement shall provide for one or the other Board of Regents to

be the authorized issuer with respect to the project or projects.

The agreement shall also provide for the ownership or control of any

real or personal property to be improved or acquired with the

proceeds from the sale of any such obligations including any

requirements for the transfer of real or personal property from one

comprehensive university to the other comprehensive university if

such transfer is required in order to promote or ensure the

marketability of any obligations sold by either Board of Regents.

H. The Oklahoma State Regents for Higher Education may pledge

all lawfully available revenues, other than revenues appropriated by

the Legislature from tax receipts, but inclusive of revenues derived

from the Oklahoma Education Lottery Act, and other than the revenues

described by subsection B, C, or D of this section, to the repayment

of obligations issued by the State Regents.

I. The authorized issuers shall be subject to the following

restrictions governing the issuance of the obligations authorized by

the Oklahoma Higher Education Promise of Excellence Act of 2005:

1. Obligations used to pay for the following assets shall be

repaid in a period not to exceed five (5) years:

a. computers,

b. portable telecommunications equipment costing less

than Fifty Thousand Dollars ($50,000.00),

c. motor vehicles, and

d. any other item of tangible personal property with an

original useful life of six (6) years or less;

2. Obligations used to pay for the following assets shall be

repaid in a period not to exceed ten (10) years:

a. equipment with an original cost of less than One

Hundred Thousand Dollars ($100,000.00) per item, and

b. renovation of existing structures, unless the cost of

the renovation exceeds the fair market value of the

existing structure or unless the improvement extends

the useful life of the existing structure, but in no

case shall the maturity period exceed the period by

which the life of the existing structure is extended;

and

3. Obligations used to pay for all other assets shall be repaid

in a period not to exceed thirty (30) years and in no case shall the

latest maturity date of an obligation exceed the expected useful

life of the asset.
Okla. Stat. tit. 70, § 70-5-131 — OK Code / Title 70 / Section 70-5-131
Educational courses - Buildings and equipment
Status: in_force

The board of education of every school district in this state is

hereby authorized to provide educational courses for all persons and

said board is authorized to provide necessary buildings, equipment,

and other facilities for such persons. Such educational courses may

include grades one to twelve, inclusive, for persons between the

ages of six (6) and twenty-one (21) years and may also include

nursery and kindergarten classes, junior college grades, vocational

and technical instruction, adult and part-time classes and other

special classes. The curricula and qualifications of teachers shall

be determined by the State Board of Education except as otherwise

provided herein. Provided, any district offering educational

courses shall charge tuition fees for such courses unless the school

district has funds available to pay the cost thereof which are not

needed to maintain the common school program.
Okla. Stat. tit. 70, § 70-1-121 — OK Code / Title 70 / Section 70-1-121
Conflicting provisions
Status: in_force

The provisions of this act shall control over any conflicting

provisions in the laws of this state.
Okla. Stat. tit. 70, § 70-18-111 — OK Code / Title 70 / Section 70-18-111
Average daily membership - Legally resident pupils
Status: in_force

No pupil shall be counted in the average daily membership of any

district for the purpose set out in this article unless said pupil

is a legal resident of said district as provided for in Section 1-

Oklahoma Statutes - Title 70. Schools Page 825

113 of this title or has been transferred to said district. A pupil

moving from a school district during a school term shall be entitled

to attend such school for the remainder of that school term. School

districts shall not include out-of-state pupils in their average

daily membership for the purpose set out in this article. The

following pupils shall not be counted: Those who have attained

twenty-one (21) years of age by September 1 of that school year, or

who have completed the twelfth grade, except as elsewhere provided

for by law for veterans of World War II, the Korean War, or the

Vietnam Conflict, and those who have not attained four (4) years of

age by September 1 of that school year. In determining the ages of

pupils for State Aid purposes, birth certificates shall be

presented, if obtainable, as proof of age. Underage pupils in

kindergarten and first grade who have been in legal school

attendance in a public or private school in another state or in a

Department of Defense School for military dependents may be legally

enrolled and attend an Oklahoma school.
Okla. Stat. tit. 70, § 70-3954 — OK Code / Title 70 / Section 70-3954
Trustee duty of care - Indemnity insurance - Investment
Status: in_force

committee - Investment managers - Fund custodian - Investment plan -

Financial reports - Annual reports.

A. The Oklahoma State Regents for Higher Education shall

discharge their duties as trustees of the Oklahoma State Regents'

Endowment Trust Fund, as trustees of the Oklahoma State Regents'

Academic Scholars Trust Fund, as trustees of the Oklahoma Higher

Learning Access Trust Fund, as trustees of the Oklahoma GEAR UP

Scholarship Trust Fund, and as trustees of the Oklahoma Tuition

Equalization Grant Trust Fund, hereafter "Trust Funds":

1. With the care, skill, prudence, and diligence under the

circumstances then prevailing that a prudent person acting in a like

capacity and familiar with such matters would use in the conduct of

an enterprise of a like character and with like aims;

2. By diversifying the investments of the Trust Funds so as to

minimize the risk of large losses, unless under the circumstances it

is clearly prudent not to do so; and

3. In accordance with the laws, documents and instruments

governing the Trust Funds.

B. The State Regents may procure insurance indemnifying the

members of the State Regents from personal loss or accountability

from liability resulting from a member's action or inaction as a

trustee.

C. The State Regents may establish an investment committee for

any of the Trust Funds or any combination of such Trust Funds. Such

investment committee shall be composed of members of the State

Regents appointed by the chair of the State Regents. The committee

shall make recommendations to the entire membership of the State

Regents on all matters related to the choice of custodians and

managers of the assets of the Trust Funds, on the establishment of

investment and fund management guidelines, and in planning future

investment policy. The committee shall have no authority to act on

behalf of the State Regents in any circumstances whatsoever. No

recommendation of the committee shall have effect as an action of

the State Regents nor take effect without the approval of the State

Regents.

D. The State Regents may retain qualified investment managers

to provide for the investment of the monies of the Trust Funds and

may pay the fees for the services of such investment managers from

Oklahoma Statutes - Title 70. Schools Page 1582

the investment proceeds attributable to each of the Trust Funds.

The investment managers shall be chosen by a solicitation of

proposals on a competitive bid basis pursuant to standards set by

the State Regents. Subject to the overall investment guidelines set

by the State Regents, the investment managers shall have full

discretion in the management of those monies of the Trust Funds

allocated to the investment managers. The State Regents shall

manage those monies not specifically allocated to the investment

managers. The monies of the Trust Funds allocated to the investment

managers shall be actively managed by the investment managers, which

may include selling investments and realizing losses if such action

is considered advantageous to longer term return maximization.

Because of the total return objective, no distinction shall be made

for management and performance evaluation purposes between realized

and unrealized capital gains and losses.

E. Funds and revenues for investment by the investment managers

or the State Regents shall be placed with a custodian selected by

the State Regents. Payment of the fees for the custodians' services

may be paid from the applicable Trust Fund. The custodian shall be

a bank or trust company offering pension fund master trustee and

master custodial services. The custodian shall be chosen by a

solicitation of proposals on a competitive bid basis pursuant to

standards set by the State Regents. In compliance with the

investment policy guidelines of the State Regents, the custodian

bank or trust company shall be contractually responsible for

ensuring that all monies of the Trust Funds are invested in income-

producing investment vehicles at all times. If a custodian bank or

trust company has not received direction from the investment

managers of the Trust Funds as to the investment of the monies of

the Trust Funds in specific investment vehicles, the custodian bank

or trust company shall be contractually responsible to the State

Regents for investing the monies in appropriately collateralized

short-term interest-bearing investment vehicles.

F. By November 1, 1989, and prior to August 1 of each year

thereafter, the State Regents shall develop written investment plans

for the Trust Funds.

G. The State Regents shall compile quarterly financial reports

of all the funds and accounts of the Oklahoma State Regents'

Endowment Trust Fund, the Oklahoma State Regents' Academic Scholars

Trust Fund, the Oklahoma Higher Learning Access Trust Fund, the

Oklahoma GEAR UP Scholarship Trust Fund, and the Oklahoma Tuition

Equalization Grant Trust Fund on a fiscal year basis. The reports

shall include several relevant measures of investment value,

including acquisition cost and current fair market value with

appropriate summaries of total holdings and returns. The reports

shall contain combined and individual rates of returns of the

investment managers by category of investment, over periods of time.

Oklahoma Statutes - Title 70. Schools Page 1583

The reports shall be distributed to the Director of the Legislative

Service Bureau and the Chair of the Joint Committee on Fiscal

Operations.

H. After July 1 and before October 1 of each year, the State

Regents shall publish four annual reports presented in simple and

easily understood language. The reports shall be submitted to the

Governor, the Speaker of the House of Representatives, the President

Pro Tempore of the Senate, the Director of the Legislative Service

Bureau, and the Chair of the Joint Committee on Fiscal Operations.

The annual reports shall cover the operation of the Oklahoma State

Regents' Endowment Trust Fund, the Oklahoma State Regents' Academic

Scholars Trust Fund, the Oklahoma Higher Learning Access Trust Fund,

the Oklahoma GEAR UP Scholarship Trust Fund, and the Oklahoma

Tuition Equalization Grant Trust Fund during the past fiscal year,

including income, disbursements, and the financial condition of the

Trust Funds at the end of the fiscal year. The annual reports shall

also contain the information issued in the quarterly reports

required pursuant to subsection G of this section as well as a

summary of the results of the most recent actuarial valuation to

include total assets, total liabilities, unfunded liability or over-

funded status, contributions and any other information deemed

relevant by the State Regents.
Okla. Stat. tit. 70, § 70-3980.2 — OK Code / Title 70 / Section 70-3980.2
Power to issue obligations for capital improvements
Status: in_force

A. It is the intent of the Legislature to authorize the Board

of Regents of the University of Oklahoma, acting for the benefit of

the University of Oklahoma, the Board of Regents for the Oklahoma

Agricultural and Mechanical Colleges, acting for the benefit of

Oklahoma State University, the Oklahoma State Regents for Higher

Education, acting for the benefit of other institutions within The

Oklahoma State System of Higher Education, the Board of Regents of

Oklahoma Colleges, also known as the Regional University System of

Oklahoma (RUSO) pursuant to Section 3507.1 of this title, acting for

the benefit of the institutions supervised and managed by RUSO, and

the Oklahoma Capitol Improvement Authority to become issuers of

obligations according to the provisions and for the purposes

authorized by the Oklahoma Higher Education Promise of Excellence

Act of 2005.

B. Obligations issued by any of the authorized issuers pursuant

to the Oklahoma Higher Education Promise of Excellence Act of 2005

supported by appropriation of revenues from the Oklahoma Education

Lottery Trust Fund pursuant to Section 41 of Article X of the

Oklahoma Constitution shall be considered and deemed to have been

Oklahoma Statutes - Title 70. Schools Page 1596

authorized for the purposes of construction or acquisition of

educational facilities or equipment owned by or under the control of

the Oklahoma State Regents for Higher Education within the meaning

of paragraph 4 of subsection B of Section 41 of Article X of the

Oklahoma Constitution and/or capital outlay projects within the

meaning of paragraph 5 of subsection B of Section 41 of Article X of

the Oklahoma Constitution.

C. Obligations issued pursuant to the authority of the Oklahoma

Higher Education Promise of Excellence Act of 2005 shall not be

deemed or considered to be general obligations of this state, but

shall be limited and special obligations of the authorized issuer

for the benefit of the applicable institutions within The Oklahoma

State System of Higher Education under their respective auspices and

control.

D. Neither the appropriations powers of the Legislature

pursuant to Article V of the Oklahoma Constitution nor the powers

described by Section 3 of Article XIII-A of the Oklahoma

Constitution with respect to monies lawfully appropriated to the

Oklahoma State Regents for Higher Education nor the power of the

Legislature to impose taxes, generally, shall be pledged to the

repayment of any obligations issued pursuant to the provisions of

the Oklahoma Higher Education Promise of Excellence Act of 2005 and

any obligation issued by any authorized issuer hereunder shall

affirmatively state this restriction.

E. It is the intent of the Legislature to improve the ability

of the Oklahoma State Regents for Higher Education and the other

specifically designated Boards of Regents within The Oklahoma State

System of Higher Education to finance capital improvements and to

provide a method by which the total revenues available to each

respective authorized issuer of obligations, or revenues available

within The Oklahoma State System of Higher Education as prescribed

by the Oklahoma Higher Education Promise of Excellence Act of 2005,

may be pledged to the repayment of the obligations, resulting in a

higher credit rating and an interest cost savings to The Oklahoma

State System of Higher Education.
Okla. Stat. tit. 70, § 70-5-107B — OK Code / Title 70 / Section 70-5-107B
Expansion of a board of education - Chair and other
Status: in_force

positions.

Oklahoma Statutes - Title 70. Schools Page 248

A. The board of education of a district with an average daily

membership (ADM) of more than thirty thousand (30,000) students may

be expanded to add a member who shall be elected at large for a term

of four (4) years and who shall serve as chair of the board. The

chair of the board position may be added upon a majority vote of the

district board of education to add the position. If the board opts

to add the chair of the board position, the chair of the board shall

be elected at the next regular election of board members, held

pursuant to Section 13A-103 of Title 26 of the Oklahoma Statutes,

following the decision of the board.

B. The chair of the board of education shall possess the same

qualifications as required for other board members, shall assume

office as provided for other members of the board of education,

shall be a full, voting member of the board, and shall count for

purposes of a quorum or a majority, or other requirements based on

number of members on the board. The chair shall preside at all

meetings of the board of education in accordance with rules of

parliamentary procedure which have been adopted by a majority vote

of the board, provided that, in the absence of rules adopted by the

board, the chair shall determine and set forth the rules of

parliamentary procedure that shall apply at board meetings; assemble

and control the agenda for board meetings, provided that, upon

approval of a majority of the members of the board, an item shall be

placed on the agenda for the same or a subsequent meeting, in

accordance with the Oklahoma Open Meeting Act; appoint all

committees whose appointment is not otherwise provided for by law;

and shall sign all warrants ordered by the board of education to be

drawn upon the treasurer for school money. The chair of the board

shall possess all powers otherwise provided by law for a member of a

board of education, all powers provided by law for the president of

a board of education, and such other lawful powers as may be

conferred upon the chair by majority vote of the board. The chair

shall receive compensation and benefits as conferred upon other

members of the district board of education.

C. For a district in which a chair of the board has been

elected, the district board of education, during the meeting at

which the chair of the board assumes office, shall elect a vice-

chair who shall serve a one-year term and until a successor is

elected and qualified. The vice-chair shall perform all duties of

the chair of the board in case of the chair’s absence or disability.

The board shall also elect clerks and deputies as provided in

Section 5-119 of this title. The board shall not elect a president

or vice president.

D. If a district board of education is expanded to include the

chair of the board position, the chair of the board position shall

not be abolished except by a majority vote of the voters of the

school district voting on such question at a special election called

Oklahoma Statutes - Title 70. Schools Page 249

for that purpose. The question may be presented only upon a

resolution adopted by three-fourths (3/4) of the board membership or

upon petition for an election on the question, that complies with

the requirements for petition and election set forth in Section 7-

101 of this title. If the question is approved, the chair of the

board position shall be abolished at the end of the term of the

chair who holds the office when the election is held or upon the

chair’s resignation or vacancy of the office following the election

on the question.
Okla. Stat. tit. 70, § 70-3-104.11 — OK Code / Title 70 / Section 70-3-104.11
Imagination Library Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the State Department of Education to be designated the

"Imagination Library Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies received by the State Department of Education

from appropriations, gifts, grants, donations and bequests. All

monies accruing to the credit of the fund are hereby appropriated

and may be budgeted and expended by the State Department of

Education for the purpose of implementing the provisions of Section

1 of this act. Expenditures from the fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 70, § 70-14-108.2 — OK Code / Title 70 / Section 70-14-108.2
Agricultural education programs
Status: in_force

A. Agricultural education programs shall be provided by

comprehensive school districts. The Oklahoma Department of Career

and Technology Education shall determine the grade levels that may

be offered agricultural education programs. Technology center

school districts shall be prohibited from operating agricultural

education programs or FFA chapters in any location.

B. Each student enrolled in an agricultural education program

shall participate in a supervised agricultural experience project.

C. For each agricultural education program which is funded by

the Oklahoma Department of Career and Technology Education, the

local school district shall provide transportation services for

agricultural-education-program- and FFA-program-related duties and

activities.
Okla. Stat. tit. 70, § 70-5-113.2 — OK Code / Title 70 / Section 70-5-113.2
Board member involved in certain litigation may be
Status: in_force

denied participation in executive sessions of school board.

Any school board member who, before serving or while serving on

the board of education, initiated litigation against the school

district, school board of education, or an individual board member

of the board of education on which he/she serves, or who is a

governing member of a group, organization, or entity that has

authorized and initiated litigation against that school district,

school board of education, or an individual board member of the

board of education on which he/she serves, may be excluded upon a

majority vote of the board members from any executive session where

the litigation is discussed or from any other form of participation

in the board's defense of the litigation, including any vote on

issues related to that legal action.
Okla. Stat. tit. 70, § 70-623 — OK Code / Title 70 / Section 70-623
Guaranteeing of loans - Conditions - Rules
Status: in_force

A. The Oklahoma State Regents for Higher Education are hereby

authorized to utilize the Student Educational Assistance Fund and to

administer the student loan guarantee program under the federal

Higher Education Act of 1965, as amended, for guaranteeing loans

made by private or public lending institutions to loan guarantee

applicants for the purpose of obtaining financial assistance for

attendance at any participating school, to participate in any other

federal student loan program and to provide support services for

students and others in conjunction with the United States Department

of Education in areas including, but not limited to, default

prevention, financial literacy, financial aid awareness, college

access and outreach and other areas as permitted or mandated by

current or future federal legislation. The State Regents are

authorized to provide the student and parent borrower assistance

services described in this section for any and all federal student

loan programs through contracts and agreements with the United

States Department of Education or other entities.

Oklahoma Statutes - Title 70. Schools Page 1045

B. No loan guaranteed by the State Regents, except as required

by federal regulation, shall require repayment while the student is

pursuing at least a half-time course of study on a continuing basis

in a participating school. The rate of interest on the loan shall

be as established in the Higher Education Act of 1965, as amended.

C. The State Regents are further authorized and empowered to

promulgate rules and procedures with respect to applicant

eligibility, terms of loans, repayment agreements and other matters

considered appropriate, as will facilitate the program authorized by

this section and the Higher Education Act of 1965, as amended, and

as will not conflict with the terms hereof. The procedures may

include, but not be limited to, entering into agreements with other

federal loan program participants such as schools, lenders,

servicers, secondary markets, collection agencies, guarantee

agencies, the United States Department of Education and other

entities.

D. 1. A licensing agency shall provide information indexed by

social security number to the State Regents when the information is

requested for use in the default prevention efforts or collection of

defaulted student loans guaranteed by the State Regents.

2. Any information disclosed under the provision of this

subsection shall be utilized for the purpose outlined in this

subsection and shall be held strictly confidential by the State

Regents.

3. No member or employee of any entity who discloses

information pursuant to this subsection shall be criminally or

civilly liable for any error or omission in the disclosure of the

information.

4. In addition to other collection methods authorized by law,

the State Regents may establish and implement programs for

administrative garnishment and wage withholding, in accordance with

applicable federal laws and regulations, to collect on defaulted

student loans.
Okla. Stat. tit. 70, § 70-13-134 — OK Code / Title 70 / Section 70-13-134
On-time graduation - Curriculum options
Status: in_force

A. To facilitate the on-time graduation of a student who has

been placed in state care during the ninth through twelfth grades,

the student shall be automatically enrolled in the core curriculum,

as set forth in Section 11-103.6 of Title 70 of the Oklahoma

Statutes. However, students who have been accepted into the

Oklahoma Higher Learning Access Program pursuant to Section 2601 et

seq. of Title 70 of the Oklahoma Statutes shall be given the

Oklahoma Statutes - Title 70. Schools Page 635

opportunity to complete the program's curricular requirements. The

school district in which the student is enrolled shall work in

collaboration with the parent(s), legal guardian(s) or legal

custodian(s) of the student and the student to determine if he or

she should complete the college preparatory/work ready curriculum or

the core curriculum requirements established by Section 11-103.6 of

Title 70 of the Oklahoma Statutes.

B. In making decisions related to the on-time graduation of the

student, the school district in which the student is enrolled shall

be authorized to waive any applicable graduation requirements

established by the school district board of education.
Okla. Stat. tit. 70, § 70-24-160 — OK Code / Title 70 / Section 70-24-160
Wearing tribal regalia during official graduation
Status: in_force

ceremonies.

A. 1. A student enrolled in a public school district, a public

charter school, or a technology center school may wear tribal

regalia during the school’s official graduation ceremonies, whether

held at a public or private location.

2. Nothing in this subsection shall limit or alter the

authority of school personnel to regulate student behavior pursuant

to the School Safety and Bullying Prevention Act.

B. A student enrolled in an institution within The Oklahoma

State System of Higher Education may wear tribal regalia during the

institution’s official graduation ceremonies, whether held at a

public or private location.

C. A school district board of education, a governing board of a

charter school, a governing board of a technology center school, or

the board of regents of an institution within The Oklahoma State

System of Higher Education may adopt a policy pursuant to the

Oklahoma Statutes - Title 70. Schools Page 956

provisions of this section, which may specify the characteristics of

any garment, jewelry, other adornment, or object that the school or

institution finds will endanger the safety of a student or others or

interfere with graduation ceremonies if worn by a student.

D. For the purposes of this section, “tribal regalia” means

traditional garments, jewelry, other adornments such as an eagle

feather, an eagle plume, a beaded cap, a stole, or similar objects

of cultural and religious significance worn by members of a

federally recognized Indian tribe or the tribe of another country.

Tribal regalia does not include any firearm or other weapon. Tribal

regalia does not include any object that is otherwise prohibited by

federal law, except in compliance with an appropriate federal

permit.
Okla. Stat. tit. 70, § 70-5-141.2 — OK Code / Title 70 / Section 70-5-141.2
Incentive pay plans
Status: in_force

A. In addition to incentive pay plans authorized pursuant to

Section 4 of this act, the State Board of Education shall develop

not fewer than five different model incentive pay plans and shall

distribute information about each plan to every school district

board of education. No plan developed by the Board or implemented

by a school district board of education shall permit payment in any

one (1) year of incentives to any one teacher amounting to more than

fifty percent (50%) of the regular salary of the teacher, exclusive

of fringe benefits or extra duty pay. Any incentive pay award shall

be an annual award and shall not be a part of a continuing contract

of a teacher. Any incentive pay awards received shall be excluded

from the compensation of a teacher for purposes of calculating

retirement pursuant to the Teachers' Retirement System of Oklahoma

and shall not be subject to taxes levied by the Federal Insurance

Contributions Act (F.I.C.A.), to the extent an exemption is provided

by federal law.

B. A school district board of education may adopt an

academically based, district incentive pay plan for the classroom

teachers in the district. The district may adopt any incentive pay

plan consistent with the requirements of this section, which may

include any incentive pay plan developed by the State Board of

Education pursuant to this section. The school district board of

education shall appoint an advisory committee consisting of

teachers, parents, business persons or farmers and other local

citizens to advise the board in formulating an incentive pay plan.

Oklahoma Statutes - Title 70. Schools Page 305

Prior to the adoption of a plan, the board of education shall place

the plan on the school board agenda for public comment and shall

submit the plan to the State Board of Education for final approval

on or before March 1 prior to implementation of the plan during the

succeeding school year. The board of education shall comply with

the provisions of this subsection for any year a plan is to be

modified.

C. A school district shall be required to adopt and implement

an academically based, district incentive pay plan for any school

year following the receipt by the school district board of

education, of a petition signed by twenty percent (20%) of the

classroom teachers employed in the district which calls for the

adoption of an incentive pay plan for the district.

D. Student test scores shall not be the sole criterion for

allocation of incentive pay under any plan developed or approved by

the Board.

E. For the purposes of this section only, "classroom teacher"

shall mean any employee who holds certification and assignment

outside the classification of administrator.

F. The State Board of Education shall promulgate rules

necessary for the effective implementation and administration of

this section.

G. Each school district board of education shall provide for a

local evaluation committee which shall advise the board on which

teachers are to receive incentive pay awards and the amount of each

incentive pay award according to the plan.

H. Nothing herein shall preclude a school district from

supplementing any monies appropriated to the district for the

purposes of funding the incentive pay plan of the district with

monies from the general fund for the district.
Okla. Stat. tit. 70, § 70-3402 — OK Code / Title 70 / Section 70-3402
Oklahoma Panhandle State College of Agriculture and
Status: in_force

Applied Science.

The state educational institution located at Goodwell shall

continue at the same location and its official name shall be

Oklahoma Panhandle State College of Agriculture and Applied Science.
Okla. Stat. tit. 70, § 70-4301 — OK Code / Title 70 / Section 70-4301
Oil and gas mining leases - Terms - Bids - Use of
Status: in_force

proceeds.

The Board of Regents of any state educational institution in the

State System may sell and execute oil and gas leases, and other

mining leases, on any of the lands of the State of Oklahoma under

the control of the Board of Regents, whenever in the judgment of the

Board such leasing of the lands will not interfere with the use to

which the lands are being used by the state and will not injure the

buildings or other property situated on tracts adjoining the lands

Oklahoma Statutes - Title 70. Schools Page 1636

leased, all sales to be made on a basis of a retained royalty of not

less than one-eighth (1/8) of all of the oil, gas and other minerals

produced therefrom, and such additional cash bonus as may be

procured. All such leases shall contain a provision that in the

event of the discovery of natural gas, such gas shall be furnished

free of charge to any state educational institution located or

thereafter located upon the lands covered by the lease. Such leases

shall be sold only after advertisement for a period of three (3)

weeks in a legal newspaper published and of general circulation in

the county in which the lands are located. Sales shall be made to

the highest and best bidder, and all bids for any tract shall be

presented to the Board of Regents of the institution in sealed

envelopes and shall all be opened and considered at the same time.

The Board of Regents shall have the right to reject any and all of

the bids submitted, and again readvertise the lease or leases for

sale. The Board of Regents may make and promulgate such additional

rules and regulations as it may deem necessary and for the best

interest of the state in facilitating the sale of the leases. All

monies derived from the sale of such leases, and from any royalties

subsequently accruing, shall be deposited in the State Treasury and

credited to a special fund for the institution, to be used by the

institution upon approval by its Board of Regents for capital

improvements, including buildings, repairs and modernization,

classroom and laboratory equipment, and for such other purposes as

may be approved by the State Regents.
Okla. Stat. tit. 70, § 70-19-123 — OK Code / Title 70 / Section 70-19-123
Reinstatement of lapsed certification
Status: in_force

Any person who held a valid certificate to teach driver

education in this state, between 1980 and the effective date of this

act, and whose certificate has lapsed shall be eligible to have the

certification to teach driver education reinstated upon request

provided the person is otherwise eligible for teacher certification.