Okla. Stat. tit. 70, § 70-5-103.1 — OK Code / Title 70 / Section 70-5-103.1
Elementary school districts - Prohibition on certain
Status: in_force

grades.

On or after the effective date of this act, except upon approval

of the State Board of Education, an elementary school district that

did not offer any grade above the eighth grade during the 1993-94

school year may not offer grades above the eighth grade during the

1994-95 school year or any school year thereafter. No later than

August 1, 1994, the State Board of Education shall promulgate rules

to implement the provisions of this section.
Okla. Stat. tit. 70, § 70-4203 — OK Code / Title 70 / Section 70-4203
Courses - Programs - Certificates - Degrees
Status: in_force

Municipal Junior Colleges shall offer only those courses and

programs and shall grant only those certificates and degrees which

may be authorized by the Oklahoma State Regents for Higher

Education.
Okla. Stat. tit. 70, § 70-17-116.2 — OK Code / Title 70 / Section 70-17-116.2
Retirement allowance - Calculation - Contribution
Status: in_force

rates and benefits – Service credits.

A. 1. Beginning July 1, 1987, and prior to July 1, 1995, a

member who retires on or after the member's normal retirement age or

whose retirement is because of disability shall receive an annual

allowance for life, payable monthly, in an amount equal to two

percent (2%) of the member's highest three-year average salary upon

which member contributions were made, multiplied by the number of

the member's years of creditable service.

A classified member who retired prior to July 1, 1986, shall

have the member's retirement allowance calculated on a minimum

average salary of Eleven Thousand Five Hundred Dollars ($11,500.00)

or on the member's current minimum average salary plus Two Thousand

Dollars ($2,000.00), whichever is greater. Beginning July 1, 1994,

a classified member who retired prior to July 1, 1993, shall have

the member's retirement allowance calculated on the member's current

minimum average salary plus Five Hundred Fifty Dollars ($550.00).

An unclassified member who retired prior to July 1, 1986, shall have

the member's retirement allowance calculated on a minimum average

salary of Nine Thousand Five Hundred Dollars ($9,500.00) or on the

member's current minimum average salary plus One Thousand Dollars

($1,000.00), whichever is greater. Beginning July 1, 1994, an

unclassified member who retired prior to July 1, 1993, shall have

the member's retirement allowance calculated on the member's current

minimum average salary plus Two Hundred Seventy-five Dollars

($275.00). Those individuals receiving benefits pursuant to

subsection (3) of Section 17-105 of this title whose benefits

commenced prior to July 1, 1993, shall receive an increase in

benefits of two and one-half percent (2 1/2%). No retirement

benefit payments shall be made retroactively.

Oklahoma Statutes - Title 70. Schools Page 764

For those members retiring before normal retirement age, except

for those members retiring because of a disability, the retirement

allowance shall be subject to adjustment in accordance with the

actuarial equivalent factors adopted by the Board of Trustees.

2. Beginning July 1, 1995, a member, who has no service

performed on or after July 1, 1995, for an entity or institution

within The Oklahoma State System of Higher Education, who retires on

or after the member's normal retirement age or whose retirement is

because of disability shall receive an annual allowance for life,

payable monthly as follows:

a. if the member becomes a member after June 30, 1995,

and was not eligible to become a member prior to July

1, 1995, in an amount equal to two percent (2%) of the

member's average salary upon which member

contributions were made, multiplied by the number of

the member's years of creditable service, or

b. if the member became a member or is eligible to become

a member prior to July 1, 1995, and elected to have a

maximum compensation level in excess of Twenty-five

Thousand Dollars ($25,000.00) pursuant to paragraph 1

of subsection C of this section or pursuant to

subsection E of this section, or if the member's

salary has never exceeded Twenty-five Thousand Dollars

($25,000.00) prior to July 1, 1995, in an amount equal

to:

(1) two percent (2%) of the member's average salary

upon which member contributions were made not to

exceed Forty Thousand Dollars ($40,000.00),

multiplied by the number of the member's years of

credited service authorized and performed prior

to July 1, 1995, plus any years of prior service

authorized under this title, plus

(2) two percent (2%) of the member's average salary

upon which member contributions were made,

multiplied by the number of the member's years of

credited service authorized and performed after

June 30, 1995, or

c. if the member became a member or is eligible to become

a member prior to July 1, 1995, and was eligible to

elect to have a maximum compensation level in excess

of Twenty-five Thousand Dollars ($25,000.00) and did

not elect or elected not to have a maximum

compensation level of Forty Thousand Dollars

($40,000.00) pursuant to paragraph 1 of subsection C

of this section or pursuant to subsection E of this

section, in an amount equal to:

Oklahoma Statutes - Title 70. Schools Page 765

(1) two percent (2%) of the member's average salary

upon which member contributions were made not to

exceed Twenty-five Thousand Dollars ($25,000.00),

multiplied by the number of the member's years of

credited service authorized and performed prior

to July 1, 1995, plus any years of prior service

authorized under this title, plus

(2) two percent (2%) of the member's average salary

upon which member contributions were made,

multiplied by the number of the member's years of

credited service authorized and performed after

June 30, 1995.

B. Except as otherwise provided for in this section, the amount

contributed by each member to the retirement system shall be:

1. Beginning July 1, 1992, through June 30, 1996, six percent

(6%) of the regular annual compensation of such member not in excess

of Twenty-five Thousand Dollars ($25,000.00) and beginning July 1,

1995, through June 30, 1996, six percent (6%) of the maximum

compensation level;

2. Beginning July 1, 1996, through June 30, 1997, six and one-

half percent (6 1/2%) of the regular annual compensation of members,

who are not employed by an entity or institution within The Oklahoma

State System of Higher Education not in excess of Twenty-five

Thousand Dollars ($25,000.00) and beginning July 1, 1996, through

June 30, 1997, six and one-half percent (6 1/2%) of the regular

annual compensation of members, who are employed by an entity or

institution within The Oklahoma State System of Higher Education,

not in excess of Twenty-five Thousand Dollars ($25,000.00);

3. Beginning July 1, 1997, seven percent (7%) of the regular

annual compensation of the member not in excess of any applicable

maximum compensation level of the member; and

4. All public schools in this state shall treat the employee

contributions as being picked up under the provisions of Section 414

(h)(2) of the Internal Revenue Code of 1986 in determining tax

treatment.

Subject to Internal Revenue Service approval, paragraph 4 of this

subsection shall not apply to a comprehensive university group

established on or before July 1, 1998, whose employee contributions

were consistently treated as not picked up as of July 1, 1998, and

at all times thereafter.

C. 1. Prior to July 1, 1995, an active member of the System

may elect to have a maximum compensation level of Forty Thousand

Dollars ($40,000.00). Such an election shall be made in writing and

filed with the System. Members whose salaries are in excess of

Twenty-five Thousand Dollars ($25,000.00) on July 20, 1987, shall

file the election with the System prior to January 1, 1988. Members

whose salaries exceed Twenty-five Thousand Dollars ($25,000.00)

Oklahoma Statutes - Title 70. Schools Page 766

after July 20, 1987, shall file the election when the salary exceeds

Twenty-five Thousand Dollars ($25,000.00). If a member makes such

an election, the member shall contribute the following amounts:

a. beginning July 1, 1992, through June 30, 1993, eleven

percent (11%) of the regular annual compensation of

such member that is in excess of Twenty-five Thousand

Dollars ($25,000.00) and is not in excess of Forty

Thousand Dollars ($40,000.00),

b. beginning July 1, 1993, through June 30, 1994, nine

percent (9%) of the regular annual compensation of

such member that is in excess of Twenty-five Thousand

Dollars ($25,000.00) and is not in excess of Forty

Thousand Dollars ($40,000.00), and

c. beginning July 1, 1994, through June 30, 1995, eight

percent (8%) of the regular annual compensation of

such member that is in excess of Twenty-five Thousand

Dollars ($25,000.00) and is not in excess of Forty

Thousand Dollars ($40,000.00). Except as provided in

subsection E of this section, any such election shall

be irrevocable.

2. After June 30, 1995, in addition to the amount contributed

by each member to the retirement system pursuant to subsection B of

this section, the total amount contributed by each member to the

retirement system shall include, beginning July 1, 1995, through

June 30, 1997, seven percent (7%) of the regular annual compensation

of each member, who is not employed by an entity or institution

within The Oklahoma State System of Higher Education, that is in

excess of Twenty-five Thousand Dollars ($25,000.00) and beginning

July 1, 1996, through June 30, 1997, seven percent (7%) of the

regular annual compensation of each member who is employed by an

entity or institution within The Oklahoma State System of Higher

Education in excess of Twenty-five Thousand Dollars ($25,000.00),

but not in excess of any applicable maximum compensation level of

the member.

D. 1. Any member who was a contributing member of the

Retirement System between July 1, 1987, and June 30, 1995, who at

the time the member was eligible to make an election to increase the

maximum compensation level of the member, failed to make an election

or chose not to increase the maximum compensation level of the

member to Forty Thousand Dollars ($40,000.00), may elect to make

back contributions to the Retirement System. The member shall

complete a new election form and file with the Board of Trustees,

the form and a payment equaling the difference between the amount

contributed at the twenty-five-thousand-dollar level and the

appropriate contribution on compensation in excess of Twenty-five

Thousand Dollars ($25,000.00) up to a maximum of Forty Thousand

Dollars ($40,000.00) shall be made prior to the official retirement

Oklahoma Statutes - Title 70. Schools Page 767

date of the member. The required payment shall include any

contribution required by the employing school district, and shall

include interest compounded annually at ten percent (10%) per annum

of both employer and employee contributions.

2. Any changes made pursuant to this subsection shall be

irrevocable.

E. 1. An individual who withdrew from the Teachers' Retirement

System and whose salary was in excess of Seven Thousand Eight

Hundred Dollars ($7,800.00) and had elected to contribute only on

Seven Thousand Eight Hundred Dollars ($7,800.00) before his or her

withdrawal shall contribute on the earning ceiling as provided for

in this section on his or her reentry into membership in the

Teachers' Retirement System.

2. An individual who elected to contribute on a maximum of

Seven Thousand Eight Hundred Dollars ($7,800.00) per annum shall,

beginning July 1, 1979, contribute on his or her earning ceiling as

provided for in this section.

3. Any member who elected to contribute on Seven Thousand Eight

Hundred Dollars ($7,800.00) prior to January 1, 1978, and whose

salary was more than Seven Thousand Eight Hundred Dollars

($7,800.00) during the school years 1974-75 through 1978-79 may

elect to make back contributions to the retirement system by paying

the five percent (5%) contributions on the difference between Seven

Thousand Eight Hundred Dollars ($7,800.00) and the actual salary of

the member, not to exceed Ten Thousand Dollars ($10,000.00) for each

applicable school year, plus interest compounded annually at ten

percent (10%) per annum. Such payment shall be made prior to the

official retirement date of the member.

F. Each employer shall cause to be deducted from the salary of

each member on each and every payroll of such employer for each and

every payroll period, the proper percentage of his or her earnable

compensation as provided for in subsection B or subsection C of this

section.

1. Deductions shall begin with the first payroll period of the

school year. In determining the amount earnable by a member in a

payroll period, the Board of Trustees shall consider the rate of

annual compensation payable to such member on the first day of the

payroll period as continuing throughout such payroll period, and it

may omit deductions from compensation for any period less than a

full period, and to facilitate the making of deductions, it may

modify the deduction required of any member by such an amount as

shall not exceed one-tenth of one percent (1/10 of 1%) of the annual

compensation upon the basis of which such deduction is to be made.

Prior to January 1, 1991, any active contributing member who joined

the System subsequent to July 1, 1943, may pay the normal cost,

which shall mean the single sum which would have been paid under

existing statutes at the time the service was performed, plus

Oklahoma Statutes - Title 70. Schools Page 768

interest, for years of teaching service in Oklahoma from the date of

establishment of the System in 1943 to date of membership, in a lump

sum, or in installments equal to establishing one (1) year of

creditable service. Effective January 1, 1991, any active

contributing member who joined the System subsequent to July 1,

1943, may pay the amount determined by the Board of Trustees

pursuant to Section 17-116.8 of this title for years of teaching

service in Oklahoma from the date of establishment of the System in

1943 to date of membership, in a lump sum, or in installments equal

to establishing one (1) year of creditable service. For purposes of

this option, teaching service in Oklahoma shall include the teaching

of vocational agricultural courses within Oklahoma for the federal

government. Years for which contributions are paid shall count as

membership service under this plan. A member may receive credit for

not more than five (5) years of teaching service rendered while in

the Peace Corps or in the public schools of a territory of the

United States or the public schools, American Military Dependent

Schools or state colleges or state universities outside this state

by paying his or her contributions, plus interest, and membership

fees to the retirement system, subject to the regulations of the

Board of Trustees, providing he or she is not receiving and is not

eligible to receive retirement credit or benefits from said service

in any other public retirement system of this state, or any other

state or territory of the United States subject to the following

provisions:

a. the member is required to have two (2) years of

employed service teaching earned in Oklahoma for each

year of Peace Corps, territorial, out-of-state,

noncovered in-state or military membership credit

granted.

b. prior to January 1, 1991, the out-of-state or

noncovered in-state payment shall be the normal cost,

which means the single sum which would have been paid

under existing law at the time the service was

performed, plus interest, on the basis of what his or

her annual salary would have been in Oklahoma or out

of state, whichever is greater, had he or she been

employed as a teacher. Effective January 1, 1991, the

Peace Corps, territorial, out-of-state or noncovered

in-state payment shall be the amount determined by the

Board of Trustees pursuant to Section 17-116.8 of this

title.

2. In addition to the deductions hereinabove provided for, any

member who becomes a member of the Armed Forces of the United States

of America during any period of national emergency, including World

War II, the Korean conflict, the Vietnam conflict or others as may

be determined by the Board of Trustees, or whose entrance into or

Oklahoma Statutes - Title 70. Schools Page 769

training for the teaching profession was interrupted by his or her

entrance into the Armed Forces, and who was or shall have become a

member of the Teachers' Retirement System shall be granted the

privilege of making up his or her five percent (5%) contributions as

provided for in this section until January 1, 1991, for not to

exceed five (5) years of service in the Armed Forces by electing to

pay said contributions on the basis of the rate of pay in his or her

contract as a teacher at the time his or her service in the Armed

Forces commenced or in the case of a teacher who was not teaching

prior to entering the Armed Forces, on the basis of the salary of

the first year of teaching after being honorably discharged from the

Armed Forces. Effective January 1, 1991, the member will receive

such service upon payment of the amount determined by the Board of

Trustees pursuant to Section 17-116.8 of this title. Such

contributions shall be credited in the regular manner, and the

period for which said contributions were paid shall be counted as

creditable years of service and allocated to the period during which

the military service was rendered, except that the period for which

contributions were paid must have been continuous and shall be

credited in the aggregate, regardless of fiscal year limitations.

Notwithstanding any provision herein to the contrary, contributions,

benefits and service credit with respect to qualified military

service as defined by Section 414(u) of the Internal Revenue Code of

1986 shall be provided in accordance with Section 414(u) of the

Internal Revenue Code.

3. Retirement benefits for all service credits purchased

pursuant to this subsection shall be determined in accordance with

the provisions of paragraph 2 of this subsection.

G. Effective July 1, 2004, the total creditable service of a

member who retires or terminates employment and elects a vested

benefit shall include not to exceed one hundred twenty (120) days of

unused sick leave accumulated subsequent to August 1, 1959. Twenty

(20) days of unused sick leave shall equal one (1) month for

purposes of creditable service credit. If the member becomes a

member or was eligible to become a member prior to July 1, 1995, the

year of credit received in this section shall be treated as service

earned prior to July 1, 1995. This subsection shall apply to

members retiring or vesting on or after the effective date of this

act and shall not be retroactive.

H. Any member who:

1. Shall be absent from the teaching service because of

election to the State Legislature or appointment to the executive

branch in an education-related capacity shall be allowed thirty (30)

days from the date as of which the person is officially elected or

appointed to file an election with the Teachers' Retirement System

to retain his or her membership in the Teachers' Retirement System

upon payment of the contribution required of other members and

Oklahoma Statutes - Title 70. Schools Page 770

employers of said members as provided for in this section and his or

her service credits shall continue to be accumulated during such

absence, provided he or she is not receiving retirement credits or

benefits from said service beginning after July 1, 1992, in other

public retirement systems; or

2. Became an employee of the Oklahoma Commission for Teacher

Preparation on or subsequent to June 1, 2001, but prior to July 1,

2002, who was previously employed by a participating employer within

the Teachers' Retirement System of Oklahoma, may elect to cancel any

accumulated service credit accrued within the Oklahoma Public

Employees Retirement System on or after June 1, 2001, but prior to

July 1, 2002, by filing an election with the Oklahoma Public

Employees Retirement System for the cancellation of such service

credit. The election shall be irrevocable and shall require the

Oklahoma Public Employees Retirement System to transfer all

accumulated employer and employee contributions made on behalf of or

by the person making such election to the Teachers' Retirement

System for such period of time. The Teachers' Retirement System

shall compute the employee contributions that would have been made

to the System by such employee if the contributions had been

computed pursuant to this section. In order to receive the full

amount of creditable service for the period of time on or after June

1, 2001, but not later than June 30, 2002, the employee shall be

required to pay any difference between the transferred employee

contributions and the amount computed by the Teachers' Retirement

System. The employee may make payment of any required amount in the

manner provided by and subject to the requirements of Section 17-

116.8 of this title. After payment of all required employee

contributions, the Teachers' Retirement System shall credit the

period of time represented by the transferred employee contributions

as creditable service within the meaning of Section 17-101 of this

title. After the transfer of the employee contributions, the

Oklahoma Public Employees Retirement System shall cancel any service

credit previously accumulated for the period of time represented by

such transferred employee contributions. Any person who makes the

election provided for by this paragraph, and who continues

employment with the Oklahoma Commission for Teacher Preparation on

or after July 1, 2002, shall continue to accrue service credit in

the Teachers' Retirement System of Oklahoma. The employer shall

make employer contributions according to the requirements of Section

17-108.1 of this title and shall provide for the deduction of

employee contributions as required by this section.

I. Any member who shall be absent from the teaching service

because of election or appointment as a local, state or national

education association officer, prior to January 1, 2011, shall be

allowed to retain his or her membership in the Teachers' Retirement

System upon payment of the contribution required of other members

Oklahoma Statutes - Title 70. Schools Page 771

and employers of said members as provided for in this section and

his or her service credits shall continue to be accumulated during

such absence. Provided, however, any one such absence shall not

exceed twelve (12) continuous years. No member who has less than

ten (10) years of contributory service on July 1, 1994, may make

this election after June 30, 1994. Members contributing to the

System on July 1, 1994, may continue to contribute under this

subsection until they have completed eight (8) years allowed by this

subsection. The member may file for retirement when otherwise

eligible for retirement as provided by Section 17-105 of this title.

J. A member may receive credit for those years of service

accumulated by the member while employed by an entity which is a

participating employer in the Oklahoma Firefighters Pension and

Retirement System, the Oklahoma Police Pension and Retirement

System, the Uniform Retirement System for Justices and Judges, the

Oklahoma Law Enforcement Retirement System, or the Oklahoma Public

Employees Retirement System, if the member is not receiving or

eligible to receive retirement credit or benefits from said service

in any other public retirement system. A member also may receive

credit for those years of service with the Department of Wildlife

Conservation or with an employer that is a participating employer

within one of the state retirement systems specifically referred to

in this section when at the time of such service by the member the

employer was not such a participating employer, if the member is not

receiving or eligible to receive retirement credit or benefits from

said service in any other public retirement system. To receive the

service credit provided in this subsection, the member shall pay the

amount determined by the Board of Trustees pursuant to Section 17-

116.8 of this title. For purposes of this subsection, creditable

service transferred from the Oklahoma Public Employees Retirement

System shall include service authorized under paragraph (f) of

subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes

as amended from time to time. Members who retire prior to July 1,

1993, shall have their monthly benefit adjusted to include all

services accrued under paragraph (f) of subsection (2) of Section

913 of Title 74 of the Oklahoma Statutes. Provided however, any

adjustment of existing retirement benefits caused by reason of

inclusion of such service authorized under paragraph (f) of

subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes

shall not affect any retirement benefit paid prior to July 1, 1993.

K. 1. An active member of the Teachers' Retirement System of

Oklahoma may receive credit for those years of service accumulated

by the member while a member of the Oklahoma Public Employees

Retirement System if:

a. the member is an active member of the Teachers'

Retirement System of Oklahoma, and

Oklahoma Statutes - Title 70. Schools Page 772

b. the member provides notice to the Oklahoma Public

Employees Retirement System and the Teachers'

Retirement System of Oklahoma of the member's election

to transfer said service credit. The notice shall

include a list of the years to be transferred, and

c. the member is not receiving or eligible to receive

retirement credit or benefits from said service in any

other public retirement system, notwithstanding the

years of service sought to be transferred under this

subsection.

Members electing to take advantage of the transfer authorized by

this subsection who are receiving or eligible to receive retirement

credit or benefits from said service in any other public retirement

system shall have all service credit with the Oklahoma Public

Employees Retirement System canceled which is not transferred to the

Teachers' Retirement System of Oklahoma or used as a cash offset in

such a transfer pursuant to subparagraph d of paragraph 2 of this

subsection. Service credit transferred to the Teachers' Retirement

System of Oklahoma under this subsection shall also be canceled with

the Oklahoma Public Employees Retirement System.

2. For purposes of this subsection, the "sending system" shall

mean the Oklahoma Public Employees Retirement System. The

"receiving system" shall mean the Teachers' Retirement System of

Oklahoma.

a. Within thirty (30) days notification of an intent to

transfer is received by the sending system, the

sending system shall, according to its own rules and

regulations:

(1) for members who have accrued at least eight (8)

years of credited service with the sending

system, determine the present value of the

member's earned benefits attributable to the

years of service sought to be transferred,

discounted according to the member's age at the

time of transfer and computed as of the earliest

age at which the member would be able to retire.

Said computation shall assume an unreduced

benefit and be computed using interest and

mortality assumptions consistent with the

actuarial assumptions adopted by the Board of

Trustees for purposes of preparing the annual

actuarial evaluation, but shall not make any

projections regarding future salary. For

employees who have accrued at least eight (8)

years of credited service, the sending system

shall use the product of this calculation for

purposes of determining the transfer fee to be

Oklahoma Statutes - Title 70. Schools Page 773

paid by the employee under subparagraph c of this

paragraph so long as it is greater than the

product of the calculation in division (2) of

this subparagraph, and

(2) determine the sum of the employee and employer

contributions applicable to the years of service

sought to be transferred plus interest consistent

with the actuarial assumptions adopted by the

Board of Trustees for purposes of preparing the

annual actuarial evaluation. For all nonvested

members, and for members who have accrued at

least eight (8) years of credited service, if the

product of this calculation is greater than the

product of the calculation in division (1) of

this subparagraph, the sending system shall use

the product of this calculation for purposes of

determining the amount to be transferred by the

sending system under subparagraph c of this

paragraph and any transfer fee to be paid by the

member under subparagraph d of this paragraph.

b. Within thirty (30) days notification of an intent to

transfer is received by the receiving system, the

receiving system shall determine, according to the

system's own rules and regulations, the present value

of the member's incremental projected benefits

discounted according to the member's age at the time

of the transfer. Incremental projected benefits shall

be the difference between the projected benefit said

member would receive without transferring the service

credit and the projected benefit after transfer of

service credit computed as of the earliest age at

which the member would be able to retire. Said

computation shall assume an unreduced benefit and be

computed using interest, salary projections and

mortality assumptions consistent with the actuarial

assumptions adopted by the Board of Trustees for

purposes of preparing the annual actuarial evaluation.

c. The sending system shall, within sixty (60) days from

the date notification of an intent to transfer is

received by the sending system, transfer to the

receiving system the amount determined in subparagraph

a of this paragraph. Except if the cost as calculated

under subparagraph a of this paragraph is greater than

the actuarial value of the incremental benefit in the

receiving system, as established in subparagraph b of

this paragraph, the sending system shall send the

receiving system an amount equal to the actuarial

Oklahoma Statutes - Title 70. Schools Page 774

value of the incremental projected benefit in the

receiving system.

d. In order to receive the credit provided for in

paragraph 1 of this subsection, if the cost of the

actuarial value of the incremental benefit to the

receiving system is greater than the cost as

calculated under subparagraph a of this paragraph for

the same years of service to the sending system as

established in subparagraphs a and b of this

paragraph, the employee shall elect to:

(1) pay any difference to receive full credit for the

years sought to be transferred, or

(2) receive prorated service credit for only the

amount received from the Oklahoma Public

Employees Retirement System pursuant to this

subsection.

Such an election shall be made in writing, filed with

the System prior to receiving the credit provided for

in paragraph 1 of this subsection, and shall be

irrevocable.

3. Within sixty (60) days of successfully completing all of the

requirements for transfer under this subsection, the sending system

shall pay the receiving system any amount due under this subsection.

Within sixty (60) days of successfully completing all of the

requirements for transfer under this subsection, the member shall

pay the receiving system any amount due under this subsection. In

the event that the member is unable to pay the transfer fee provided

for in this subsection by the due date, the Board of Trustees of the

receiving system shall permit the member to amortize the transfer

fee over a period not to exceed sixty (60) months. Said payments

shall be made by payroll deductions unless the Board of Trustees

permits an alternate payment source. The amortization shall include

interest in an amount not to exceed the actuarially assumed interest

rate adopted by the Board of Trustees for investment earnings each

year. Any member who ceases to make payment, terminates, retires or

dies before completing the payments provided for in this section

shall receive prorated service credit for only those payments made,

unless the unpaid balance is paid by said member, his or her estate

or successor in interest within six (6) months after said member's

death, termination of employment or retirement, provided no

retirement benefits shall be payable until the unpaid balance is

paid, unless said member or beneficiary affirmatively waives the

additional six-month period in which to pay the unpaid balance.

4. Years of service transferred pursuant to this subsection

shall be used both in determining the member's retirement benefit

and in determining the years of service for retirement and/or

vesting purposes. Years of service rendered as a member of the

Oklahoma Statutes - Title 70. Schools Page 775

Oklahoma Public Employees Retirement System prior to July 1, 1992,

if any, shall be deemed to be years of service rendered as a member

of the Teachers' Retirement System of Oklahoma prior to July 1,

1992, and shall qualify such person as a member of the Teachers'

Retirement System of Oklahoma before July 1, 1992.

5. Notwithstanding the requirements of subsection (5) of

Section 917 of Title 74 of the Oklahoma Statutes, members electing

to take advantage of the transfer authorized by this subsection who

have withdrawn their contributions from the sending system shall

remit to the sending system the amount of the accumulated

contributions the member has withdrawn plus simple interest of ten

percent (10%) per annum prior to making said election or the

election shall be deemed invalid and the transfer shall be canceled.

If such an election is deemed invalid and the transfer is canceled,

the accumulated contribution remitted to the sending system by the

member who originally withdrew their contributions shall be returned

to the member. The member's rights and obligations regarding any

service credit reestablished in the sending system due to a failure

to satisfy the requirements of this subsection shall be determined

by the sending system in accordance with Section 901 et seq. of

Title 74 of the Oklahoma Statutes.

6. If any member fails for any reason to satisfy the

requirements of this subsection, the election to transfer service

credit shall be void and of no effect, and any service credited as a

result of this transfer shall be canceled. If such service is

canceled, the years of canceled service credit which were

unsuccessfully transferred to the receiving system from the sending

system shall be reestablished in the sending system. The member's

rights and obligations regarding any service credit reestablished in

the sending system due to a failure to satisfy the requirements of

this subsection shall be determined by the sending system in

accordance with Section 901 et seq. of Title 74 of the Oklahoma

Statutes.

7. The Board of Trustees shall promulgate such rules as are

necessary to implement the provisions of this subsection.

L. Any member whose regular annual compensation was not

determined as provided for by law may pay the member contribution

required pursuant to subsection B of this section on such amount not

included in the member's regular annual compensation and receive

credit for such amount in the calculation of the member's benefit.

The employees must pay the employer contributions required pursuant

to Section 17-108.1 of this title. Interest at the rate of ten

percent (10%) per annum shall be charged to both employee and

employer contributions. Provided that the employing district may

pay all or any portion of the contributions and interest the member

is required to pay. Any payment by the employing district for a

Oklahoma Statutes - Title 70. Schools Page 776

prior year obligation shall be considered a current obligation of

the employer.

M. Any active member who elected during the 1978-79 school year

to pay the difference between five percent (5%) on actual salary not

exceeding Ten Thousand Dollars ($10,000.00) and six percent (6%) on

actual salary not exceeding Fifteen Thousand Dollars ($15,000.00)

shall receive credit for one (1) year of credited service upon

receipt and approval of a proper request by the Board of Trustees.

N. Effective July 1, 1988, any member who is employed by the

Governor, the State Senate, the House of Representatives or the

Legislative Service Bureau shall be allowed to elect to retain

membership in the Retirement System upon payment of the accrued and

current member contributions and employer contributions as provided

in subsection B of this section and Section 17-108.1 of this title.

Such contributions may be paid on behalf of the member by the

employing entity. Upon payment of such contributions, service

credits shall continue to be accumulated during such employment.

Accrued contributions shall be paid to the Retirement System by

August 1, 1989. Current contributions shall be paid to the

Retirement System by the tenth of the following month beginning with

the month of July 1989.

O. Notwithstanding any requirements of this title to restrict

the payment of service purchases, the Board of Trustees shall

promulgate such rules as necessary to allow active members of the

System to make installment payments for the redeposit of withdrawn

accounts or other payments due under the provisions of this title.

The rules shall permit the member to amortize the balance due over a

period not to exceed sixty (60) months, and shall include interest

consistent with the actuarial assumptions adopted by the Board of

Trustees for purposes of preparing the annual actuarial evaluation.

Further, the rules shall provide that all payments must be completed

prior to the effective retirement date of the member.

P. 1. A member of the Oklahoma Public Employees Retirement

System who becomes a member of the Teachers' Retirement System of

Oklahoma because the member has become employed by an entity or

institution within The Oklahoma State System of Higher Education,

State Board of Education, State Board of Career and Technology

Education, Oklahoma Department of Career and Technology Education,

Oklahoma School of Science and Mathematics, Oklahoma Center for the

Advancement of Science and Technology, State Department of

Rehabilitation Services, Oklahoma State Regents for Higher

Education, Department of Corrections, State Department of Education,

Oklahoma Board of Private Vocational Schools, Board of Regents of

Oklahoma Colleges, Oklahoma Student Loan Authority, or the Teachers'

Retirement System of Oklahoma, may elect to receive credit in the

Teachers' Retirement System of Oklahoma for those years of service

accumulated by the member in the Oklahoma Public Employees

Oklahoma Statutes - Title 70. Schools Page 777

Retirement System pursuant to this subsection. A member shall be

eligible to elect to receive credit for such years of service if:

a. the member is an active member of the Teachers'

Retirement System of Oklahoma,

b. the member provides notice to the Teachers' Retirement

System of Oklahoma and the Oklahoma Public Employees

Retirement System of the member's election to transfer

such retirement credit. The notice shall include a

list of the years to be transferred, and

c. the member is not receiving or eligible to receive

retirement credit or benefits from such service in any

other public retirement system, notwithstanding the

years of service sought to be transferred under this

subsection.

Members electing to take advantage of the transfer authorized by

this subsection shall have all service credit with the Oklahoma

Public Employees Retirement System canceled which is transferred to

the Teachers' Retirement System of Oklahoma.

2. For purposes of this subsection, the "sending system" shall

mean the Oklahoma Public Employees Retirement System. The

"receiving system" shall mean the Teachers' Retirement System of

Oklahoma. Within thirty (30) days after notification of an intent

to transfer is received by the sending system, the sending system

shall, according to its own rules, send to the receiving system all

employer and employee contributions made on behalf of the member

which were made to the sending system plus an additional amount of

earnings based on the actuarial assumed rate of the sending system.

Upon receipt of these contributions by the receiving system, the

receiving system shall give credit to the transferring member in an

amount equal to the years of service accrued in the sending system.

3. If the transferring member's normal retirement date

calculation is based upon the sum of the member's age and number of

years of credited service totaling eighty (80) in the sending

system, then the member shall retain such calculation in the

receiving system.

4. The Board of Trustees shall promulgate such rules as are

necessary to implement the provisions of this subsection.

Q. A former member of the Teachers' Retirement System of

Oklahoma who withdrew his or her contributions from the System prior

to January 1, 1983, and who had at least ten (10) years of service

in the System and purchased that service in the Oklahoma Public

Employees Retirement System, may elect to revoke that purchase from

the Oklahoma Public Employees Retirement System and to repay the

withdrawn contributions to the System in order to be eligible, once

such member reaches the normal retirement age, to receive a

retirement benefit that is based upon years of service and

compensation at the time such member terminated employment. In

Oklahoma Statutes - Title 70. Schools Page 778

addition, such former member may elect to transfer service credit

accrued in the Oklahoma Public Employees Retirement System to the

Teachers' Retirement System of Oklahoma pursuant to subsection K of

this section. The election, pursuant to this subsection, shall be

made prior to September 1, 2000. The election and the repayment

shall be made according to rules promulgated by the Board.
Okla. Stat. tit. 70, § 70-2119.4 — OK Code / Title 70 / Section 70-2119.4
Construction
Status: in_force

These provisions shall be construed in favor of a broad

protection of religious freedom, to the maximum extent permitted by

their terms and by the Constitutions of this state and the United

States of America.
Okla. Stat. tit. 70, § 70-8-103.1 — OK Code / Title 70 / Section 70-8-103.1
Transfer of student not residing in district -
Status: in_force

Criteria and standards - Children of military personnel.

A. A local school district board of education which receives a

request for a transfer for a student who does not reside in the

school district may refuse the transfer in accordance with the

provisions of the open transfer policy adopted by the local school

district board of education and subject to the provisions of

subsections B and C of this section. Each local board of education

shall adopt an open transfer policy for the school district which

specifies its criteria and standards for approval of transfers of

students who do not reside in the district. The policy shall

include, but shall not be limited to, provisions relating to the

availability of programs, staff, or space as criteria for approval

or denial of transfers. A school district may include in the policy

as the basis for denial of a transfer, the reasons outlined in

Section 24-101.3 of this title.

In considering requests for students to transfer into a school

district, the board of education shall consider the requests on a

first-come, first-serve basis. A school district shall not accept

or deny a transfer based on ethnicity, national origin, gender,

income level, disabling condition, proficiency in the English

language, measure of achievement, aptitude, or athletic ability.

Notwithstanding the provisions of the Education Open Transfer

Act, transfers of children with disabilities shall be granted as

authorized in Section 13-103 of this title.

B. A local school district board of education shall adopt a

policy for the school district regarding the transfer of students

who are the dependent children of a member of the active uniformed

military services of the United States on full-time active duty

status and students who are the dependent children of a member of

the military reserve on active duty orders. The policy shall

provide for the approval of the transfer if:

Oklahoma Statutes - Title 70. Schools Page 496

1. At least one parent of the student has a Department of

Defense-issued identification card; and

2. The student will be residing with a relative of the student

who lives in the receiving school district or who will be living in

the receiving school district within six (6) months of the filing of

the application for transfer.

C. 1. A student shall be considered in compliance with the

residency provisions of Section 1-113 of this title if he or she is

a student whose parent or legal guardian is transferred or is

pending transfer to a military installation within the state while

on active military duty pursuant to an official military order.

2. A school district shall accept applications by electronic

means for enrollment including enrollment in a specific school or

program within the school district and course registration for

students described in paragraph 1 of this subsection.

3. a. A student shall not be precluded from enrollment prior

to residency as provided in this subsection for any of

the following:

(1) having an individualized education program or an

individualized family service plan under the

Individuals with Disabilities Education Act, 29

U.S.C., Section 1400 et seq.,

(2) receiving or qualifying for special education

courses or services, or

(3) receiving or qualifying for accommodations or

services under the Rehabilitation Act of 1973, 29

U.S.C., Section 504.

b. If the enrolling student is transferring with an

individualized education program, an individualized

family service plan, or a Section 504 plan, the

district board of education shall take the necessary

steps including, but not limited to, the transfer of

records and any prior evaluations, the performance of

reevaluations, if necessary, and meetings to ensure

that comparable services are in place prior to the

student's first day of school in the state.

4. The parent or legal guardian of a student described in

paragraph 1 of this subsection shall provide proof of residence in

the school district within ten (10) days after the published arrival

date provided on official documentation. A parent or legal guardian

may use the following addresses as proof of residence:

a. a temporary on-base billeting facility,

b. a purchased or leased home or apartment, or

c. federal government or public-private venture off-base

military housing.

D. For purposes of this section:

Oklahoma Statutes - Title 70. Schools Page 497

1. "Active military duty" means full-time military duty status

in the active uniformed service of the United States including

members of the National Guard and Military Reserve on active duty

orders; and

2. "Military installation" means a base, camp, post, station,

yard, center, homeport facility for any ship or other installation

under the jurisdiction of the Department of Defense or the United

States Coast Guard.
Okla. Stat. tit. 70, § 70-10-101 — OK Code / Title 70 / Section 70-10-101
Attendance officer - Assistants
Status: in_force

Except as provided in Section 10-102.1 of this title, the board

of education of each school district shall appoint, or may employ,

and fix the compensation of an attendance officer and such

assistants as may be necessary, who shall serve under the authority

and supervision of the board of education and the district

superintendent of schools. Provided, that the same person may be

appointed or employed as an attendance officer or assistant for two

or more school districts.
Okla. Stat. tit. 70, § 70-820.22 — OK Code / Title 70 / Section 70-820.22
Definitions
Status: in_force

As used in the Student Athlete Name, Image and Likeness Rights

Act:

1. “Athletic grant-in-aid” shall have the meaning provided by

the applicable collegiate athletic association as aid related to the

student athlete’s participation in an intercollegiate sport for a

postsecondary institution. Athletic grant-in-aid shall not include

compensation for the use of the student-athlete’s name, image, or

likeness rights or athletic reputation;

2. “Collegiate athletic association” means any athletic

association, conference, or other group or organization with

authority over intercollegiate sports including but not limited to

the National Collegiate Athletic Association;

3. “Postsecondary institution” means any state educational

institution or private educational institution as defined in Section

3102 of Title 70 of the Oklahoma Statutes;

4. “Professional representation” includes but is not limited to

representation by any individual or entity engaged by a student

athlete for the purpose of securing compensation or benefits for a

student athlete’s name, image, or likeness activities. Any

individual or entity engaged for such purpose shall be a fiduciary

for the represented student athlete;

5. “Student athlete” shall have the same meaning as defined in

the Revised Uniform Athlete Agents Act; and

Oklahoma Statutes - Title 70. Schools Page 1126

6. “Team activities” means student athlete participation in

countable athletically related activities and required athletic

activities as defined by the collegiate athletic association or as

otherwise defined by the postsecondary institution.
Okla. Stat. tit. 70, § 70-6-190.3 — OK Code / Title 70 / Section 70-6-190.3
Short title — Interstate Teacher Mobility Compact Act
Status: in_force

— Scope and application of act.

A. This act shall be known and may be cited as the “Interstate

Teacher Mobility Compact Act”. The purpose of the Interstate

Teacher Mobility Compact shall be to facilitate the mobility of

teachers through a collective regulatory framework amongst member

states to expedite and enhance the ability of teachers to move

across state lines.

B. As used in this act:

1. “Active military member” means any person with full-time

duty status in the armed forces of the United States including

members of the National Guard and Reserve;

2. “Adverse action” means any limitation or restriction imposed

by a member state’s licensing authority, such as revocation,

suspension, reprimand, probation, or limitation on the licensee’s

ability to work as a teacher;

3. “Bylaws” means those bylaws established by the Commission;

4. “Career and technical education license” means a current,

valid authorization issued by a member state’s licensing authority

allowing an individual to serve as a teacher in a pre-kindergarten

through twelfth grade public educational setting in a specific

career and technical education area;

5. “Charter member state” means a member state that has enacted

legislation to adopt the compact and enactment predates the initial

meeting of the Commission after the effective date of the compact;

6. “Commission” means the Interstate Teacher Mobility Compact

Commission, an interstate administrative body whose membership

Oklahoma Statutes - Title 70. Schools Page 438

consists of delegates of all states that have enacted the Interstate

Teacher Mobility Compact;

7. “Commissioner” means the delegate of a member state that has

adopted the Interstate Teacher Mobility Compact;

8. “Eligible license” means a license or certification to

engage in the teaching profession which requires at least a

bachelor’s degree and the completion of a state-approved program for

teacher certification;

9. “Eligible military spouse” means the spouse of any

individual in full-time duty status in the active armed forces of

the United States including members of the National Guard and

Reserve moving as a result of a military mission or military career

progression requirements or moving as a result of separation or

retirement. Eligible military spouse includes surviving spouses of

deceased military members;

10. “Executive committee” means a group of commissioners

elected or appointed on behalf of and within the powers granted to

them by the Commission as provided for herein;

11. “Licensing authority” means an official agency, board, or

other entity of a state that is responsible for the licensing or

certification and regulation of teachers authorized to teach in pre-

kindergarten through twelfth grade public educational settings;

12. “Member state” means any state that has adopted the

Interstate Teacher Mobility Compact including all agencies and

officials of the state;

13. “Receiving state” means any state in which a teacher has

applied for certification pursuant to the Interstate Teacher

Mobility Compact;

14. “Rule” means any regulation promulgated by the Commission

under the Interstate Teacher Mobility Compact, which shall have the

force of law in each member state;

15. “State practice laws” means a member state’s laws, rules,

and regulations that govern the teaching profession, define the

scope of the teaching profession, and create methods and grounds for

imposing discipline;

16. “State specific requirements” means a requirement for

teacher certification covered in coursework or examination that

includes the content of unique interest to the state;

17. “Teacher” means an individual who currently holds an

authorization from a member state that forms the basis for

employment in the pre-kindergarten through twelfth grade public

educational settings of the state to provide instruction in a

specific subject area, grade level, or student population; and

18. “Unencumbered license” means a current, valid authorization

issued by a member state’s licensing authority allowing an

individual to serve as a teacher in a pre-kindergarten through

twelfth grade public educational setting. An unencumbered license

Oklahoma Statutes - Title 70. Schools Page 439

is not a restricted, probationary, provisional, substitute,

emergency, or temporary credential.

C. 1. Licensure pursuant to the Interstate Teacher Mobility

Compact shall pertain only to the initial grant of a license or

certificate by the receiving state. Nothing herein shall apply to

any subsequent or ongoing compliance requirements that a receiving

state may require for teachers.

2. Each member state shall, in accordance with the rules of the

Commission, define, compile, and update as necessary a list of

eligible licenses and career and technical education licenses that

the member state is willing to consider for equivalency pursuant to

the Interstate Teacher Mobility Compact and provide a list to the

Commission. The list shall include those licenses that a receiving

state is willing to grant to teachers from other member states,

pending a determination of equivalency by the receiving state’s

licensing authority.

3. Upon receipt of an application for licensure or

certification by a teacher holding an unencumbered eligible license,

the receiving state shall determine which of the receiving state’s

eligible licenses the teacher is qualified to hold and shall grant

the license(s) or certification(s) to the applicant. The

determination shall be made in the sole discretion of the receiving

state’s licensing authority and may include a determination that the

applicant is not eligible for any of the receiving state’s eligible

licenses. For all teachers who hold an unencumbered license, the

receiving state shall grant one or more unencumbered licenses that,

in the receiving state’s sole discretion, are equivalent to the

license(s) held by the teacher in any other member state.

4. For active military members and eligible military spouses

who hold a license or certification that is not unencumbered, the

receiving state shall grant an equivalent license or licenses that,

in the receiving state’s sole discretion, are equivalent to the

license or licenses held by the teacher in any other member state,

except where the receiving state does not have an equivalent license

or certification.

5. For a teacher holding an unencumbered career and technical

education license, the receiving state shall grant an unencumbered

license equivalent to the career and technical education license

held by the applying teacher and issued by another member state, as

determined by the receiving state in its sole discretion, except

where a career and technical education teacher does not hold a

bachelor’s degree and the receiving state requires a bachelor’s

degree for licenses to teach career and technical education. A

receiving state may require career and technical education teachers

to meet state industry recognized requirements, if required by law

in the receiving state.

Oklahoma Statutes - Title 70. Schools Page 440

D. 1. Except as provided for in subsection C of this section,

nothing in the Interstate Teacher Mobility Compact shall be

construed to limit or inhibit the authority of a member state to

regulate licensure or endorsements overseen by a member state’s

licensing authority.

2. When a teacher is required to renew a license or

certification pursuant to the Interstate Teacher Mobility Compact,

the state granting the license or certification may require the

teacher to complete state specific requirements as a condition of

license or certification renewal or advancement in that state.

3. For the purposes of determining compensation, a receiving

state may require additional information from teachers receiving a

license or certification pursuant to the provisions of the

Interstate Teacher Mobility Compact.

4. Nothing in the Interstate Teacher Mobility Compact shall be

construed to limit the power of a member state to control and

maintain ownership of its information pertaining to teachers or

limit the application of a member state’s laws or regulations

governing the ownership, use, or dissemination of information

pertaining to teachers.

5. Nothing in the Interstate Teacher Mobility Compact shall be

construed to invalidate or alter any existing agreement or another

cooperative arrangement of which a member state may already be a

party or limit the ability of a member state to participate in any

future agreement or other cooperative arrangement to:

a. award teaching licenses, certification, or other

benefits based on additional professional credentials

including but not limited to a National Board

Certification,

b. participate in the exchange of names of teachers whose

license or certification has been subject to an

adverse action by a member state, or

c. participate in any agreement or cooperative

arrangement with a non-member state.

E. 1. Except as provided for active military members or

eligible military spouses in paragraph 4 of subsection C of this

section, a teacher may only be eligible to receive a license or

certification pursuant to the Interstate Teacher Mobility Compact

where that teacher holds an unencumbered license or certification in

a member state.

2. A teacher eligible to receive a license or certification

pursuant to the Interstate Teacher Mobility Compact shall, unless

otherwise provided for herein:

a. upon his or her application to receive a license or

certification pursuant to the Interstate Teacher

Mobility Compact, undergo a criminal background check

Oklahoma Statutes - Title 70. Schools Page 441

in the receiving state in accordance with the laws and

regulations of the receiving state, and

b. provide the receiving state with information in

addition to the information required for licensure or

certification for the purposes of determining

compensation, if applicable.

F. 1. Nothing in the Interstate Teacher Mobility Compact shall

be deemed or construed to limit the authority of a member state to

investigate or impose disciplinary measures on teachers according to

the state’s practice laws.

2. Member states shall be authorized to receive and shall

provide files and information regarding the investigation and

discipline, if any, of teachers in other member states upon request.

Any member state receiving information or files shall protect and

maintain the security and confidentiality thereof in at least the

same manner that it maintains its own investigatory or disciplinary

files and information. Prior to disclosing any disciplinary or

investigatory information received from another member state, the

disclosing state shall communicate its intention and purpose for

disclosure to the member state which originally provided the

information.
Okla. Stat. tit. 70, § 70-626.8 — OK Code / Title 70 / Section 70-626.8
Effectuating provisions of act - Determining priorities
Status: in_force

for participation.

The Oklahoma State Regents for Higher Education may adopt rules

and regulations, prescribe and provide appropriate forms for

application and employ such persons, contract for such services and

make such additional expenditures as may be necessary or appropriate

for effectuating the provisions of this act.

The Oklahoma State Regents for Higher Education are hereby

authorized to determine priorities for participation in this tuition

aid program based upon factors including, but not limited to, full-

time or part-time enrollment status, undergraduate or graduate

enrollment status, unmet financial need, continuous enrollment,

nearness to completion of a degree or certificate, state employment

needs, eligibility for other state and institutional student

financial aid and based on available state funding.
Okla. Stat. tit. 70, § 70-3311 — OK Code / Title 70 / Section 70-3311
Council on Law Enforcement Education and Training
Status: in_force

A. There is hereby created a Council on Law Enforcement

Education and Training which shall be, and is hereby declared to be,

a governmental law enforcement agency of the State of Oklahoma, body

politic and corporate, with powers of government and with the

authority to exercise the rights, privileges and functions necessary

to ensure the professional training and continuing education of law

Oklahoma Statutes - Title 70. Schools Page 1475

enforcement officers in this state. These rights, privileges and

functions include, but are not limited to, those specified in

Sections 3311 through 3311.15 of this title and in the Oklahoma

Security Guard and Private Investigator Act and the Bail Enforcement

and Licensing Act. The Council shall be authorized to require

agency employees and the employees of agency contractors in

positions to have access to Oklahoma Peace Officer records, Oklahoma

Security Guard and Private Investigator records, Bail Enforcement

and Licensing Act records, to be subject to a criminal history

search by the Oklahoma State Bureau of Investigation, as well as be

fingerprinted for submission of the fingerprints through the

Oklahoma State Bureau of Investigation to the Federal Bureau of

Investigation for a national criminal history check. The Council

shall be the recipient of the results of the record check. In

accordance with Section 150.9 of Title 74 of the Oklahoma Statutes,

this includes a national criminal record with a finger print

analysis. The Council shall be composed of thirteen (13) members as

follows:

1. The Commissioner of the Department of Public Safety, or

designee;

2. The Director of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control, or designee;

3. The Director of the Oklahoma State Bureau of Investigation,

or designee;

4. One member appointed by the Governor who shall be a law

enforcement administrator representing a tribal law enforcement

agency;

5. One member appointed by the Governor who shall be a chief of

police of a municipality with a population over one hundred thousand

(100,000), as determined by the latest Federal Decennial Census;

6. One member appointed by the Board of Directors of the

Oklahoma Sheriffs' Association who shall be a sheriff of a county

with a population under twenty-five thousand (25,000), as determined

by the latest Federal Decennial Census;

7. One member appointed by the Oklahoma Association of Chiefs

of Police who shall be a chief of police representing a municipality

with a population over ten thousand (10,000), as determined by the

latest Federal Decennial Census;

8. One member shall be appointed by the Board of Directors of

the Oklahoma Sheriffs' Association who shall be a sheriff of a

county with a population of twenty-five thousand (25,000) or more,

as determined by the latest Federal Decennial Census;

9. One member appointed by the Board of Directors of the

Fraternal Order of Police who shall have experience as a training

officer;

10. One member appointed by the Chancellor of Higher Education

who shall be a representative of East Central University;

Oklahoma Statutes - Title 70. Schools Page 1476

11. One member appointed by the Board of Directors of the

Oklahoma Sheriffs and Peace Officers Association who shall be a

full-time law enforcement officer in good standing with CLEET within

a county with a population under fifty thousand (50,000);

12. The President Pro Tempore of the Oklahoma State Senate

shall appoint one member from a list of three or more nominees

submitted by a statewide organization representing cities and towns

that is exempt from taxation under federal law and designated

pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,

Section 170(a); and

13. The Speaker of the Oklahoma House of Representatives shall

appoint one member from a list of three or more nominees submitted

by an organization that assists in the establishment of

accreditation standards and training programs for law enforcement

agencies throughout this state.

The Executive Director selected by the Council shall be an ex

officio member of the Council and shall act as Secretary. The

Council on Law Enforcement Education and Training shall select a

chair and vice-chair from among its members. Members of the Council

on Law Enforcement Education and Training shall not receive a salary

for duties performed as members of the Council, but shall be

reimbursed for their actual and necessary expenses incurred in the

performance of Council duties pursuant to the provisions of the

State Travel Reimbursement Act.

B. The Council on Law Enforcement Education and Training is

hereby authorized and directed to:

1. Appoint a larger Advisory Council to discuss problems and

hear recommendations concerning necessary research, minimum

standards, educational needs, and other matters imperative to

upgrading Oklahoma law enforcement to professional status;

2. Promulgate rules with respect to such matters as

certification, revocation, suspension, withdrawal and reinstatement

of certification, minimum courses of study, testing and test scores,

attendance requirements, equipment and facilities, minimum

qualifications for instructors, minimum standards for basic and

advanced in-service courses, and seminars for Oklahoma police and

peace officers;

3. Authorize research, basic and advanced courses, and seminars

to assist in program planning directly and through subcommittees;

4. Authorize additional staff and services necessary for

program expansion;

5. Recommend legislation necessary to upgrade Oklahoma law

enforcement to professional status;

6. Establish policies and regulations concerning the number,

geographic and police unit distribution, and admission requirements

of those receiving tuition or scholarship aid available through the

Council. Such waiver of costs shall be limited to duly appointed

Oklahoma Statutes - Title 70. Schools Page 1477

members of legally constituted local, county, and state law

enforcement agencies on the basis of educational and financial need;

7. Appoint an Executive Director to direct the staff, inform

the Council of compliance with the provisions of this section and

perform such other duties imposed on the Council by law. An

Executive Director appointed by the Council must qualify for the

position with a bachelor or higher degree in law enforcement from an

accredited college or university, or a bachelor or higher degree in

a law-enforcement-related subject area, and a minimum of five (5)

years of active law enforcement experience including, but not

limited to, responsibility for enforcement, investigation,

administration, training, or curriculum implementation.

The Executive Director of the Council on Law Enforcement

Education and Training may hire an Assistant Director to perform

such duties as directed by the Executive Director.

The Executive Director of the Council on Law Enforcement

Education and Training may commission CLEET staff as peace officers

for purposes consistent with the duties of CLEET as set out in state

law. The powers and duties conferred on the Executive Director or

any staff member appointed by the Executive Director as a peace

officer shall not limit the powers and duties of other peace

officers of this state or any political subdivision thereof. The

Executive Director or any staff member appointed by the Executive

Director as a peace officer may, upon request, assist any federal,

state, county or municipal law enforcement agency;

8. Enter into contracts and agreements for the payment of

classroom space, food, and lodging expenses as may be necessary for

law enforcement officers attending any official course of

instruction approved or conducted by the Council. Such expenses may

be paid directly to the contracting agency or business

establishment. The food and lodging expenses for each law

enforcement officer shall not exceed the authorized rates as

provided for in the State Travel Reimbursement Act; provided,

however, the Council may provide food and lodging to law enforcement

officials attending any official course of instruction approved or

conducted by the Council rather than paying for the provision of

such food and lodging by an outside contracting agency or business

establishment;

9. a. Certify canine teams, consisting of a dog and a

handler working together as a team, trained to detect:

(1) controlled dangerous substances, or

(2) explosives, explosive materials, explosive

devices, or materials which could be used to

construct an explosive device;

provided, the dog of a certified canine team shall not

be certified at any time as both a drug dog and a bomb

dog, and any dog of a certified canine team who has

Oklahoma Statutes - Title 70. Schools Page 1478

been previously certified as either a drug dog or a

bomb dog shall not be eligible at any time to be

certified in the other category.

b. Upon retiring the dog from the service it was

certified to perform, the law enforcement department

that handled the dog shall retain possession of the

dog. The handler shall have first option of adopting

the dog. If that option is not exercised, the law

enforcement department shall provide for its adoption.

Once adopted the dog shall not be placed back into

active service;

10. Enter into a lease, loan or other agreement with the

Oklahoma Development Finance Authority or a local public trust for

the purpose of facilitating the financing of a new facility for its

operations and use and pledge, to the extent authorized by law, all

or a portion of its receipts of the assessment penalty herein

referenced for the payment of its obligations under such lease, loan

or other agreement. It is the intent of the Legislature to increase

the assessment penalty to such a level or appropriate sufficient

monies to the Council on Law Enforcement Education and Training to

make payments on the lease, loan or other agreement for the purpose

of retiring the bonds to be issued by the Oklahoma Development

Finance Authority or local public trust. Such lease, loan or other

agreement and the bonds issued to finance such facilities shall not

constitute an indebtedness of this state or be backed by the full

faith and credit of this state, and the lease, loan or other

agreement and the bonds shall contain a statement to such effect;

11. Accept gifts, bequests, devises, contributions and grants,

public or private, of real or personal property;

12. Appoint an advisory committee composed of representatives

from security guard and private investigative agencies to advise the

Council concerning necessary research, minimum standards for

licensure, education, and other matters related to licensure of

security guards, security guard agencies, private investigators, and

private investigative agencies;

13. Enter into agreements with individuals, educational

institutions, agencies, and business and tribal entities for

professional services, the use of facilities and supplies, and staff

overtime costs incurred as a result of the user's requests to

schedule functions after-hours, on weekends, or anytime such

requests extend staff beyond its normal capacity, whereby

contracting individuals, educational institutions, agencies, and

business and tribal entities shall pay a fee to be determined by the

Council by rule. All fees collected pursuant to facilities usage

shall be deposited to the credit of the C.L.E.E.T. Training Center

Revolving Fund created pursuant to Section 3311.6 of this title.

All other fees collected pursuant to these agreements shall be

Oklahoma Statutes - Title 70. Schools Page 1479

deposited to the credit of the Peace Officer Revolving Fund created

pursuant to Section 3311.7 of this title. The Council is authorized

to promulgate emergency rules to effectuate the provisions of this

paragraph;

14. Promulgate rules to establish a state firearms

requalification standard for active peace officers and meet any

requirements imposed on the Council by the federal Law Enforcement

Officers Safety Act of 2004;

15. Set minimal criteria relating to qualifications for chief

of police administrative training pursuant to Section 34-102 of

Title 11 of the Oklahoma Statutes, assist in developing a course of

training for a Police Chief Administrative School, and approve all

police chief administrative training offered in this state;

16. Appoint a Curriculum Review Board to be composed of six (6)

members as follows:

a. one member shall be selected by the Chancellor for

Higher Education, who possesses a background of

creation and review of curriculum and experience

teaching criminal justice or law enforcement courses,

who shall serve an initial term of one (1) year,

b. one member shall represent a municipal jurisdiction

with a population of fifty thousand (50,000) or more

and who shall be a management-level CLEET-certified

training officer, who shall serve an initial term of

two (2) years,

c. one member shall represent a county jurisdiction with

a population of fifty thousand (50,000) or more and

who shall be a management-level CLEET-certified

training officer, who shall serve an initial term of

three (3) years,

d. one member shall represent a municipal jurisdiction

with a population of less than fifty thousand (50,000)

and who shall be a CLEET-certified training officer,

who shall serve an initial term of two (2) years,

e. one member shall represent a county jurisdiction with

a population of less than fifty thousand (50,000) and

who shall be a CLEET-certified training officer, who

shall serve an initial term of one (1) year, and

f. one member selected by the Oklahoma Department of

Career and Technology, who shall have experience in

the creation and review of curriculum as well as

experience in teaching criminal justice or law

enforcement courses, who shall serve an initial term

of three (3) years.

After the initial terms of office, all members shall be

appointed to serve three-year terms. Any member may be reappointed

to serve consecutive terms. Members shall serve without

Oklahoma Statutes - Title 70. Schools Page 1480

compensation, but may be reimbursed for travel expenses pursuant to

the State Travel Reimbursement Act. The Board shall review and

establish curriculum for all CLEET academies and training courses

pursuant to procedures established by the Council on Law Enforcement

Education and Training;

17. Conduct review and verification of any records relating to

the statutory duties of CLEET;

18. Receive requested reports including investigative reports,

court documents, statements, or other applicable information from

local, county and state agencies and other agencies for use in

actions where a certification or license issued by CLEET may be

subject to disciplinary or other actions provided by law;

19. Summarily suspend a certification of a peace officer,

without prior notice but otherwise subject to administrative

proceedings, if CLEET finds that the actions of the certified peace

officer may present a danger to the peace officer, the public, a

family or household member, or involve a crime against a minor. A

certified copy of the information or indictment charging such a

crime shall be considered clear and convincing evidence of the

charge; and

20. Approve law enforcement agencies and police departments in

accordance with the following:

a. this section applies only to an entity authorized by

statute or by the Constitution to create a law

enforcement agency or police department and

commission, appoint, or employ officers that first

creates or reactivates an inactive law enforcement

agency or police department and first begins to

commission, appoint, or employ officers on or after

November 1, 2011,

b. the entity shall submit to CLEET, a minimum of sixty

(60) days prior to creation of the law enforcement

agency or police department, information regarding:

(1) the need for the law enforcement agency or police

department in the community,

(2) the funding sources for the law enforcement

agency or police department, and proof that no

more than fifty percent (50%) of the funding of

the entity will be derived from ticket revenue or

fines,

(3) the physical resources available to officers,

(4) the physical facilities that the law enforcement

agency or police department will operate

including descriptions of the evidence room,

dispatch area, restroom facilities, and public

area,

Oklahoma Statutes - Title 70. Schools Page 1481

(5) law enforcement policies of the law enforcement

agency or police department including published

policies on:

(a) use of force,

(b) vehicle pursuit,

(c) mental health,

(d) professional conduct of officers,

(e) domestic abuse,

(f) response to missing persons,

(g) supervision of part-time officers, and

(h) impartial policing,

(6) the administrative structure of the law

enforcement agency or police department,

(7) liability insurance, and

(8) any other information CLEET requires by rule,

c. within sixty (60) days of receiving an entity's

request, CLEET will forward to the entity by certified

mail, return receipt requested, a letter of

authorization or denial to create a law enforcement

agency or police department and commission, appoint,

or employ officers, signed by the Executive Director

of CLEET, and

d. in cases of denial, the entity may appeal the decision

of the Executive Director to the full CLEET Council.

The Executive Director shall ensure that the final

report is provided to all members of the Council. The

Council shall review and make recommendations

concerning the report at the first meeting of the

Council to occur after all members of the Council have

received the report. The Council may, by majority

vote:

(1) order additional information be provided,

(2) order confirmation of the opinion of the

Executive Director, or

(3) order authorization of the entity.

C. 1. Payment of any fee provided for in this section may be

made by a nationally recognized credit or debit card issued to the

applicant. The Council may publicly post and collect a fee for the

acceptance of the nationally recognized credit or debit card not to

exceed five percent (5%) of the amount of the payment. For purposes

of this subsection, "nationally recognized credit card" means any

instrument or device, whether known as a credit card, credit plate,

charge plate, or by any other name, issued with or without fee by an

issuer for the use of the cardholder in obtaining goods, services,

or anything else of value and which is accepted by over one thousand

merchants in this state. "Debit card" means an identification card

or device issued to a person by a business organization which

Oklahoma Statutes - Title 70. Schools Page 1482

permits such person to obtain access to or activate a consumer

banking electronic facility. The Council shall determine which

nationally recognized credit or debit cards will be accepted as

payment for fees.

2. Payment for any fee provided for in this title may be made

by a business check. The Council may:

a. add an amount equal to the amount of the service

charge incurred, not to exceed three percent (3%) of

the amount of the check as a service charge for the

acceptance and verification of the check, or

b. add an amount of no more than Five Dollars ($5.00) as

a service charge for the acceptance and verification

of a check. For purposes of this subsection,

"business check" shall not mean a money order,

cashier's check, or bank-certified check.

D. Failure of the Legislature to appropriate necessary funds to

provide for expenses and operations of the Council on Law

Enforcement Education and Training shall not invalidate other

provisions of this section relating to the creation and duties of

the Council.

E. 1. No person shall be eligible for employment as a peace

officer or reserve peace officer until the employing law enforcement

agency has conducted a background investigation of such person

consisting of the following:

a. a fingerprint search submitted to the Oklahoma State

Bureau of Investigation with a return report to the

submitting agency that such person has no felony

record,

b. a fingerprint search submitted to the Federal Bureau

of Investigation with a return report to the

submitting agency that such person has no felony

record,

c. such person has undergone psychological evaluation by

a psychologist licensed by the State of Oklahoma and

has been evaluated to be suitable to serve as a peace

officer in the State of Oklahoma,

d. the employing agency has verified that such person has

a high school diploma or a GED equivalency certificate

as recognized by state law,

e. such person is not participating in a deferred

sentence agreement for a felony, a crime involving

moral turpitude or a crime of domestic violence, and

does not have any criminal charges pending in any

court in this state, another state, in tribal court or

pursuant to the United States Code,

Oklahoma Statutes - Title 70. Schools Page 1483

f. such person is not currently subject to an order of

the Council revoking, suspending, or accepting a

voluntary surrender of peace officer certification,

g. such person is not currently undergoing treatment for

a mental illness, condition or disorder. For purposes

of this subsection, "currently undergoing treatment

for mental illness, condition or disorder" means the

person has been diagnosed by a licensed physician,

psychologist, or licensed mental health professional

as being afflicted with a substantial disorder of

thought, mood, perception, psychological orientation

or memory that significantly impairs judgment,

behavior, capacity to recognize reality, or ability to

meet the ordinary demands of life and such condition

continues to exist,

h. such person is twenty-one (21) years of age.

Provided, this requirement shall not affect those

persons who are already employed as a police or peace

officer prior to November 1, 1985, and

i. such person has provided proof of United States

citizenship or resident alien status, pursuant to an

employment eligibility verification form from the

United States Citizenship and Immigration Services.

2. To aid the evaluating psychologist in interpreting the test

results including automated scoring and interpretations, the

employing agency shall provide the psychologist a statement

confirming the identity of the individual taking the test as the

person who is employed or seeking employment as a peace officer of

the agency and attesting that it administered the psychological

instrument in accordance with standards within the test document.

The psychologist shall report to the employing agency the evaluation

of the assessment instrument and may include any additional

recommendations to assist the employing agency in determining

whether to certify to the Council on Law Enforcement Education and

Training that the person being evaluated is suitable to serve as a

peace officer in this state. No additional procedures or

requirements shall be imposed for performance of the psychological

evaluation. The psychological instrument utilized shall be

evaluated by a psychologist licensed by the State of Oklahoma, and

the employing agency shall certify to the Council that the

evaluation was conducted in accordance with this provision and that

the employee or applicant is suitable to serve as a peace officer in

this state.

a. Any person found not to be suitable for employment or

certification by the Council shall not be employed,

retained in employment as a peace officer, or

certified by the Council for at least one (1) year, at

Oklahoma Statutes - Title 70. Schools Page 1484

which time the employee or applicant may be

reevaluated by a psychologist licensed by the State of

Oklahoma. This section shall also be applicable to

all reserve peace officers in this state.

b. Any person who is certified by CLEET and has undergone

the psychological evaluation required by this

subparagraph and has been found to be suitable as a

peace officer shall not be required to be reevaluated

for any subsequent employment as a peace officer

following retirement or any break in service as a

peace officer, unless such break in service exceeds

five (5) years or the Council determines that a peace

officer may present a danger to himself or herself,

the public, or a family or household member.

c. All persons seeking certification shall have their

name, gender, date of birth, and address of such

person submitted to the Department of Mental Health

and Substance Abuse Services by the Council. The

Department of Mental Health and Substance Abuse

Services shall respond to the Council within ten (10)

days whether the computerized records of the

Department indicate the applicant has ever been

involuntarily committed to an Oklahoma state mental

institution. In the event that the Department of

Mental Health and Substance Abuse Services reports to

the Council that the applicant has been involuntarily

committed, the Council shall immediately inform the

employing agency.

All basic police courses shall include a minimum of four (4)

hours of education and training in recognizing and managing a person

appearing to require mental health treatment or services. The

training shall include training in crime and drug prevention, crisis

intervention, youth and family intervention techniques, recognizing,

investigating and preventing abuse and exploitation of elderly

persons, mental health issues, and criminal jurisdiction on

Sovereign Indian Land.

Subject to the availability of funding, for full-time salaried

police or peace officers a basic police course academy shall consist

of a minimum of six hundred (600) hours.

For reserve deputies a basic reserve academy shall consist of a

minimum of two hundred forty (240) hours.

3. Beginning January 1, 2018, any reserve peace officer who has

completed the two-hundred-forty-hour reserve peace officer

certification program and who has been in active service in that

capacity for the past six (6) months shall be eligible to attend a

three-hundred-sixty-hour basic full-time training academy to become

certified as a full-time peace or police officer.

Oklahoma Statutes - Title 70. Schools Page 1485

4. Every person who has not been certified as a police or peace

officer and is duly appointed or elected as a police or peace

officer shall hold such position on a temporary basis only, and

shall, within six (6) months from the date of appointment or taking

office, qualify as required in this subsection or forfeit such

position. In computing the time for qualification, all service

shall be cumulative from date of first appointment or taking office

as a police or peace officer with any department in this state.

a. The Council may extend the time requirement specified

in this paragraph for good cause as determined by the

Council.

b. A duty is hereby imposed upon the employing agency to

withhold payment of the compensation or wage of such

unqualified officer.

c. If the police or peace officer fails to forfeit the

position or the employing agency fails to require the

officer to forfeit the position, the district attorney

shall file the proper action to cause the forfeiting

of such position. The district court of the county

where the officer is employed shall have jurisdiction

to hear the case.

5. The Council may certify officers who have completed a course

of study in another state deemed by the Council to meet standards

for Oklahoma peace officers providing the officer's certification in

the other state has not been revoked or voluntarily surrendered and

is not currently under suspension.

6. For purposes of this section, a police or peace officer is

defined as a full-time duly appointed or elected officer who is paid

for working more than twenty-five (25) hours per week and whose

duties are to preserve the public peace, protect life and property,

prevent crime, serve warrants, transport prisoners, and enforce laws

and ordinances of this state, or any political subdivision thereof;

provided, elected sheriffs and their deputies and elected,

appointed, or acting chiefs of police shall meet the requirements of

this subsection within the first six (6) months after assuming the

duties of the office to which they are elected or appointed or for

which they are an acting chief; provided further, that this section

shall not apply to persons designated by the Director of the

Department of Corrections as peace officers pursuant to Section 510

of Title 57 of the Oklahoma Statutes.

F. No person shall be certified as a police or peace officer by

the Council or be employed by the state, a county, a city, or any

political subdivision thereof, who is currently subject to an order

of the Council revoking, suspending, or accepting a voluntary

surrender of peace officer certification or who has been convicted

of a felony, a crime involving moral turpitude, or a crime of

domestic violence, unless a full pardon has been granted by the

Oklahoma Statutes - Title 70. Schools Page 1486

proper agency; however, any person who has been trained and

certified by the Council on Law Enforcement Education and Training

and is actively employed as a full-time peace officer as of November

1, 1985, shall not be subject to the provisions of this subsection

for convictions occurring prior to November 1, 1985.

G. 1. The Council is hereby authorized to provide to any

employing agency the following information regarding a person who is

or has applied for employment as a police or peace officer of such

employing agency:

a. Oklahoma State Bureau of Investigation and Federal

Bureau of Investigation reports,

b. administration of the psychological tests provided for

herein,

c. performance in the course of study or other basis of

certification,

d. previous certifications issued, and

e. any administrative or judicial determination denying

certification.

2. An employing agency shall not be liable in any action

arising out of the release of contents of personnel information

relevant to the qualifications or ability of a person to perform the

duties of a police or peace officer when such information is

released pursuant to written authorization for release of

information signed by such person and is provided to another

employing agency which has employed or has received an application

for employment from such person.

3. As used in this subsection, "employing agency" means a

political subdivision or law enforcement agency which either has

employed or received an employment application from a person who, if

employed, would be subject to this section.

H. 1. A law enforcement agency employing police or peace

officers in this state shall report the hiring, resignation, or

termination for any reason of a police or peace officer to the

Council within ten (10) days. Failure to comply with the provisions

of this subsection may disqualify a law enforcement agency from

participating in training programs sponsored by the Council. Every

law enforcement agency employing police or peace officers in this

state shall submit to CLEET on or before October 1 of each calendar

year a complete list of all commissioned employees with a current

mailing address and phone number for each such employee. In

addition to the above, CLEET may impose an administrative fine for

violations of this section.

2. A tribal law enforcement agency that has peace officers

commissioned by an Oklahoma law enforcement agency pursuant to a

cross-deputization agreement with the State of Oklahoma or any

political subdivision of the State of Oklahoma pursuant to the

provisions of Section 1221 of Title 74 of the Oklahoma Statutes

Oklahoma Statutes - Title 70. Schools Page 1487

shall report the commissioning, resignation, or termination of

commission for any reason of a cross-deputized tribal police or

peace officer to CLEET within ten (10) days of the commissioning,

resignation, or termination. Failure to comply with the provisions

of this subsection may disqualify a tribal law enforcement agency

from participating in training programs sponsored by the Council.

I. It is unlawful for any person to willfully make any

statement in an application to CLEET knowing the statement is false

or intentionally commit fraud in any application to the Council for

attendance in any CLEET-conducted or CLEET-approved peace officer

academy or Collegiate Officer Program or for the purpose of

obtaining peace officer certification or reinstatement. It is

unlawful for any person to willfully submit false or fraudulent

documents relating to continuing education rosters, transcripts or

certificates, or any canine license application. Any person

convicted of a violation of this subsection shall be guilty of a

felony punishable by imprisonment in the Department of Corrections

for a term of not less than two (2) years nor more than five (5)

years, or by a fine not exceeding Two Thousand Dollars ($2,000.00),

or by both such fine and imprisonment. In addition to the above,

CLEET may impose an administrative fine.

J. 1. A police or peace officer shall be subject to

disciplinary action to include a denial, suspension, revocation or

acceptance of voluntary surrender of peace officer certification

upon a showing of clear and convincing evidence for the following:

a. conviction of a felony or a crime of domestic

violence,

b. conviction of a misdemeanor involving moral turpitude;

provided, if the conviction is a single isolated

incident that occurred more than five (5) years ago

and the Council is satisfied that the person has been

sufficiently rehabilitated, the Council may, in its

discretion, certify such person providing that all

other statutory requirements have been met,

c. a verdict of guilt or entry of a plea of guilty or

nolo contendere or an "Alford" plea or any plea other

than a not guilty plea for a felony offense, a crime

of moral turpitude, or a crime of domestic violence,

d. falsification or a willful misrepresentation of

information in an employment application or

application to the Council on Law Enforcement

Education and Training, records of evidence, or in

testimony under oath,

e. revocation or voluntary surrender of police or peace

officer certification in another state for a violation

of any law or rule or in settlement of any

disciplinary action in such state,

Oklahoma Statutes - Title 70. Schools Page 1488

f. involuntary commitment of a reserve or peace officer

in a mental institution or licensed private mental

health facility for any mental illness, condition or

disorder that is diagnosed by a licensed physician,

psychologist or a licensed mental health professional

as a substantial disorder of thought, mood,

perception, psychological orientation, or memory that

significantly impairs judgment, behavior, capacity to

recognize reality, or ability to meet the ordinary

demands of life. Provided, the peace officer

certification may be reinstated upon the Council

receiving notification of a psychological evaluation

conducted by a licensed physician, psychologist or

licensed mental health professional which attests and

states by affidavit that the officer and the

evaluation test data of the officer have been examined

and that, in the professional opinion of the

physician, psychologist or licensed mental health

professional, the officer is psychologically suitable

to return to duty as a peace officer. Notwithstanding

any other provision of state law pertaining to

confidentiality of hospital or other medical records,

and as allowable under federal law, CLEET may subpoena

or request a court to subpoena records necessary to

assure compliance with these provisions. Any

confidential information received by CLEET for such

purpose shall retain its confidential character while

in the possession of CLEET,

g. abuse of office,

h. entry of a final order of protection against applicant

or officer, or

i. any violation of the Oklahoma Private Security

Licensing Act.

2. Disciplinary proceedings shall be commenced by filing a

complaint with the Council on a form approved by the Council. Any

employing agency or other person having information may submit such

information to the Council for consideration as provided in this

subsection.

3. Upon the filing of the complaint, a preliminary

investigation shall be conducted to determine whether:

a. there is reason to believe the person has violated any

provision of this subsection or any other provision of

law or rule, or

b. there is reason to believe the person has been

convicted of a felony, a crime involving moral

turpitude or a domestic violence offense or is

Oklahoma Statutes - Title 70. Schools Page 1489

currently participating in a deferred sentence for

such offenses.

4. When the investigation of a complaint does not find the

person has violated any of the provisions of this subsection, or

finds that the person is sufficiently rehabilitated as provided in

subparagraph b or f of paragraph 1 of this subsection, no

disciplinary action shall be required and the person shall remain

certified as a police or peace officer. When the investigation of a

complaint finds that the person has violated any of the provisions

of this subsection, the matter shall be referred for disciplinary

proceedings. The disciplinary proceedings shall be in accordance

with Articles I and II of the Administrative Procedures Act.

5. The Council shall revoke the certification of any person

upon determining that such person has been convicted of a felony or

a crime involving moral turpitude or a domestic violence offense or

has entered a plea of guilty, or nolo contendere or an "Alford" plea

or any plea other than a not guilty plea for a felony offense, a

crime of moral turpitude or a crime of domestic violence or is the

respondent in a final victim protective order; provided, that if the

conviction has been reversed, vacated or otherwise invalidated by an

appellate court, such conviction shall not be the basis for

revocation of certification; provided further, that any person who

has been trained and certified by the Council on Law Enforcement

Education and Training and is actively employed as a full-time peace

officer as of November 1, 1985, shall not be subject to the

provisions of this subsection for convictions occurring prior to

November 1, 1985. The sole issue to be determined at the hearing

shall be whether the person has been convicted of a felony, a crime

involving moral turpitude or a domestic violence offense or is the

named respondent/defendant in a final victim protective order.

6. The Council shall revoke the certification of any person

upon determining that such person has received a deferred sentence

for a felony, a crime involving moral turpitude or a domestic

violence offense.

7. The Council may suspend the certification of any person upon

a determination that such person has been involuntarily committed to

a mental institution or mental health facility for a mental illness,

condition or disorder as provided in subparagraph f of paragraph 1

of this subsection.

8. Every law enforcement agency in this state shall, within

thirty (30) days of a final order of termination or resignation

while under investigation of a CLEET-certified peace officer, report

such order or resignation in writing to the Executive Director of

the Council. Any report, upon receipt by the Council, shall be

considered as personnel records and shall be afforded confidential

protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the

Oklahoma Statutes. Any medical or other confidential records

Oklahoma Statutes - Title 70. Schools Page 1490

obtained by subpoena pursuant to this subsection shall not be made a

part of such report. The Executive Director shall ensure that the

report is provided to all members of the Council. The Council shall

review and make recommendations concerning the report at the first

meeting of the Council to occur after all members of the Council

have received the report. The Council may, by a majority vote,

order the suspension, for a given period of time, or revocation of

the CLEET certification of the peace officer in question if there

are grounds for such actions pursuant to this section and the peace

officer in question has been provided with notice and an opportunity

for a hearing pursuant to the Administrative Procedures Act.

Suspension or revocation of CLEET certification pursuant to this

paragraph shall be reported to the district attorney for the

jurisdiction in which the peace officer was employed, to the

liability insurance company of the law enforcement agency that

employed the peace officer, the chief elected official of the

governing body of the law enforcement agency and the chief law

enforcement officer of the law enforcement agency.

9. For all other violations of this subsection, the hearing

examiner shall take into consideration the severity of the

violation, any mitigating circumstances offered by the person

subject to disciplinary action, and any other evidence relevant to

the person's character to determine the appropriate disciplinary

action.

10. a. A police or peace officer may voluntarily surrender

and relinquish the peace officer certification to

CLEET. Pursuant to such surrender or relinquishment,

the person surrendering the certification shall be

prohibited from applying to CLEET for reinstatement

within five (5) years of the date of the surrender or

relinquishment, unless otherwise provided by law for

reinstatement.

b. No person who has had a police or peace officer

certification from another state revoked or

voluntarily surrendered and has not been reinstated by

that state shall be considered for certification by

CLEET.

c. Any person seeking reinstatement of police or peace

officer certification which has been suspended,

revoked, or voluntarily surrendered may apply for

reinstatement pursuant to promulgated CLEET rules

governing reinstatement. Except as provided in this

subsection, any person whose certification has been

revoked, suspended or voluntarily surrendered for any

reason including failure to comply with mandatory

education and training requirements, shall pay a

reinstatement fee of One Hundred Fifty Dollars

Oklahoma Statutes - Title 70. Schools Page 1491

($150.00) to be deposited to the credit of the Peace

Officer Revolving Fund created pursuant to Section

3311.7 of this title.

11. A duty is hereby imposed upon the district attorney who, on

behalf of the State of Oklahoma, prosecutes a person holding police

or peace officer or reserve peace officer certification for a

felony, a crime involving moral turpitude, or a crime of domestic

violence in which a plea of guilty, nolo contendere, or an "Alford"

plea or any other plea other than a not guilty plea or other finding

of guilt is entered by, against or on behalf of a certified police

or peace officer to report such plea, agreement, or other finding of

guilt to the Council on Law Enforcement Education and Training

within ten (10) days of such plea agreement or the finding of guilt.

12. Any person or agency required or authorized to submit

information pursuant to this section to the Council shall be immune

from liability arising from the submission of the information as

long as the information was submitted in good faith and without

malice.

13. Any peace officer employed by a law enforcement agency in

this state which has internal discipline policies and procedures on

file with CLEET shall be exempt from the disciplinary proceedings

and actions provided for in this subsection; provided, however, such

exemption shall not apply if the peace officer has been convicted of

a felony crime, a crime of moral turpitude, or a crime of domestic

violence.

14. All criminal proceedings initiated against a CLEET-

certified peace officer or reserve peace officer shall be reported

by the officer to CLEET immediately after arrest or discovery of the

filing of such criminal proceeding. All CLEET-certified peace

officers and reserve peace officers shall be required to report when

a victim protective order has been issued against the officer

including orders issued on an emergency basis and all final orders

of protection. Failure to give notice pursuant to the provisions of

this paragraph may be cause to initiate an action against the

officer by CLEET.

15. As used in this subsection:

a. "law enforcement agency" means any department or

agency of the state, a county, a municipality, or

political subdivision thereof, with the duties to

maintain public order, make arrests, and enforce the

criminal laws of this state or municipal ordinances,

which employs CLEET-certified personnel,

b. "final order of termination" means a final notice of

dismissal from employment provided after all

grievance, arbitration, and court actions have been

completed, and

Oklahoma Statutes - Title 70. Schools Page 1492

c. "resignation while under investigation" means the

resignation from employment of a peace officer who is

under investigation for any felony violation of law, a

crime of moral turpitude, a crime of domestic

violence, or the resignation from employment of a

peace officer as part of an arbitration or plea

agreement.

K. 1. Every canine team in the state trained to detect

controlled dangerous substances shall be certified, by test, in the

detection of such controlled dangerous substances and shall be

recertified annually so long as the canine is used for such

detection purposes. The certification test and annual

recertification test provisions of this subsection shall not be

applicable to canines that are owned by a law enforcement agency and

that are certified and annually recertified in the detection of

controlled dangerous substances by the United States Customs

Service. No employee of CLEET may be involved in the training or

testing of a canine team.

2. The Council shall appoint a Drug Dog Advisory Council to

make recommendations concerning minimum standards, educational

needs, and other matters imperative to the certification of canines

and canine teams trained to detect controlled dangerous substances.

The Council shall promulgate rules based upon the recommendations of

the Advisory Council. Members of the Advisory Council shall

include, but need not be limited to, a commissioned officer with

practical knowledge of such canines and canine teams from each of

the following:

a. the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control,

b. the Department of Public Safety,

c. a police department,

d. a sheriff's office, and

e. a university or college campus police department.

3. The fee for the certification test shall be Two Hundred

Dollars ($200.00) and the annual recertification test fee shall be

One Hundred Dollars ($100.00) per canine team. A retest fee of

Fifty Dollars ($50.00) will be charged if the team fails the test.

No such fee shall be charged to any local, state or federal

government agency. The fees provided for in this paragraph shall be

deposited to the credit of the CLEET Fund created pursuant to

Section 1313.2 of Title 20 of the Oklahoma Statutes.

L. 1. Every canine team in the state trained to detect

explosives, explosive materials, explosive devices, and materials

which could be used to construct an explosive device shall be

certified, by test, in the detection of such explosives and

materials and shall be recertified annually so long as the canine is

used for such detection purposes. The certification test and annual

Oklahoma Statutes - Title 70. Schools Page 1493

recertification test provisions of this subsection shall not be

applicable to canines that are owned by a law enforcement agency if

such canines are certified and annually recertified in the detection

of explosives and materials by the United States Department of

Defense. No employee of CLEET may be involved in the training or

testing of a canine team.

2. The Council shall appoint a Bomb Dog Advisory Council to

make recommendations concerning minimum standards, educational

needs, and other matters imperative to the certification of canines

and canine teams trained to detect explosives, explosive materials,

explosive devices and materials which could be used to construct an

explosive device. The Council shall promulgate rules based upon the

recommendations of the Advisory Council. Members of the Advisory

Council shall include, but need not be limited to, a commissioned

officer with practical knowledge of such canines and canine teams

from each of the following:

a. the Department of Public Safety,

b. a police department,

c. a sheriff's office, and

d. a university or college campus police department.

3. The fee for the certification test shall be Two Hundred

Dollars ($200.00) and the annual recertification test fee shall be

One Hundred Dollars ($100.00) per canine team. A retest fee of

Fifty Dollars ($50.00) will be charged if the team fails the test.

No such fee shall be charged to any local, state or federal

government agency. The fees provided for in this paragraph shall be

deposited to the credit of the CLEET Fund created pursuant to

Section 1313.2 of Title 20 of the Oklahoma Statutes.

M. All tribal police officers of any Indian tribe or nation who

have been commissioned by an Oklahoma law enforcement agency

pursuant to a cross-deputization agreement with the State of

Oklahoma or any political subdivision of the State of Oklahoma

pursuant to the provisions of Section 1221 of Title 74 of the

Oklahoma Statutes shall be eligible for peace officer certification

under the same terms and conditions required of members of the law

enforcement agencies of the State of Oklahoma and its political

subdivisions. CLEET shall issue peace officer certification to

tribal police officers who, as of July 1, 2003, are commissioned by

an Oklahoma law enforcement agency pursuant to a cross-deputization

agreement with the State of Oklahoma or any political subdivision of

the State of Oklahoma pursuant to the provisions of Section 1221 of

Title 74 of the Oklahoma Statutes and have met the training and

qualification requirements of this section.

N. If an employing law enforcement agency in this state has

paid for CLEET training and the salary of a person while that person

is completing in this state a basic police course approved by the

Council and if within one (1) year after the date the person is

Oklahoma Statutes - Title 70. Schools Page 1494

commissioned with the law enforcement agency that person resigns and

is hired by another law enforcement agency in this state, the second

law enforcement agency or the person receiving the training shall

reimburse the original employing law enforcement agency for the cost

of CLEET training and salary paid to the person while completing the

basic police course by the original employing law enforcement

agency. If the person leaves the original employing law enforcement

agency later than one (l) year, but less than two (2) years, after

the date the person is commissioned with the law enforcement agency,

the second law enforcement agency or the person receiving the

training shall reimburse the original employing law enforcement

agency fifty percent (50%) of the cost of CLEET training and salary

paid to the person while completing the basic police course by the

original employing law enforcement agency. CLEET shall not be a

party to any court action based on this provision.

O. The Council on Law Enforcement Education and Training, in

its discretion, may waive all or part of any moneys due to the

Council, if deemed uncollectable by the Council.

P. Peace officers, reserve peace officers, tribal peace

officers, agencies, bail enforcers, security guards and private

investigators shall maintain with the Council current mailing

addresses and shall notify the Council, in writing, of any change of

address or name. Notification of change of name shall require

certified copies of any marriage license or other court document

which reflects the change of name. Notice of change of address or

telephone number must be made within ten (10) days of the effected

change. Notices shall not be accepted over the phone. In any

proceeding in which the Council is required to serve notice or an

order on an individual or an agency, the Council may send a letter

to the mailing address on file with the Council. If the letter is

returned and a notation of the U.S. Postal Service indicates

"unclaimed", or "moved", or "refused" or any other nondelivery

markings and the records of the Council indicate that no change of

address as required by this subsection has been received by the

Council, the notice and any subsequent notices or orders shall be

deemed by the Court as having been legally served for all purposes.

Q. All CLEET records of bail enforcers may be released only in

compliance with this section and the Bail Enforcement and Licensing

Act. All records in CLEET possession concerning other persons or

entities shall be released only in compliance with this section and

the Oklahoma Open Records Act.
Okla. Stat. tit. 70, § 70-1-114 — OK Code / Title 70 / Section 70-1-114
Free attendance - Admission to early childhood programs
Status: in_force

- Enrollment in kindergarten and first grade - Nonresident tuition

fee.

A. All children between the ages of five (5) years on or before

September 1 and twenty-one (21) years on or before September 1 shall

be entitled to attend school free of charge in the district in which

they reside.

B. All children who are at least four (4) years of age but not

more than five (5) years of age on or before September 1 and who

have not attended a public school kindergarten shall be entitled to

attend half-day or full-day early childhood programs at any public

school in the state where such programs are offered; provided, no

child shall be required to attend any early childhood education

program. The following paragraphs shall govern early childhood

programs:

1. Children who are at least four (4) years of age but not more

than five (5) years of age on or before September 1 shall be

entitled to attend either half-day or full-day early childhood

programs in their district of residence free of charge as long as

the district has the physical facilities and teaching personnel to

accommodate the child. For purposes of calculation of State Aid,

children in an early childhood education program shall be included

in the average daily membership of the district providing the

program;

2. A child who has not reached the age of five (5) years on or

before September 1 and who resides in a district which does not

offer an early childhood program shall be eligible for transfer to a

district where an early childhood program is offered if the district

that offers the early childhood program has the capacity to accept

the child as provided for in the Education Open Transfer Act. A

district offering early childhood programs may refuse to accept a

nonresident child if the district does not have the capacity to

accommodate the child in an early childhood education class, as

provided for in the Education Open Transfer Act. If the child

requesting the transfer has not reached the age of four (4) years on

or before September 1, the district may refuse to accept the

Oklahoma Statutes - Title 70. Schools Page 106

nonresident child if the district determines the child is not ready

for an early childhood program. Children who are accepted in a

program outside their district of residence as provided in this

paragraph shall be included in the average daily membership of the

district providing the program for State Aid funding subject to the

State Aid formula weight limitations set forth in paragraph 1 of

this subsection; and

3. The State Board of Education shall promulgate rules that

create exemptions relating to the maximum age at which a child may

attend half-day or full-day early childhood programs.

C. No child shall be enrolled in kindergarten unless he or she

will have reached the age of five (5) years on or before September 1

of the school year. No child shall be enrolled in the first grade

unless he or she will have reached the age of six (6) years on or

before September 1 of the school year.

D. 1. No nonresident and nontransferred pupil shall be allowed

to attend school in any school district unless a tuition fee equal

to the per capita cost of education for a similar period in such

district during the preceding year has been paid to the receiving

district in advance yearly or by semester as determined by the

district board of education of the receiving district. If the State

Board of Education discovers that the attendance has been allowed

without prior payment of the tuition fee in advance as required, no

further payment of any State Aid funds shall be made to the district

until the district has shown to the satisfaction of the State Board

of Education that all tuition fees have been paid or that the pupil

will no longer be allowed to attend school until the required

tuition fee has been paid.

2. The provisions of paragraph 1 of this subsection shall not

apply to a school district that enrolls nonresident students from a

contiguous, out-of-state school district if the district:

a. does not receive payment of any State Aid funds, and

b. has a per-pupil expenditure, as defined by Section 1-

124 of this title, that is above the state average

per-pupil expenditure.

A nonresident student whose resident district, as determined by

Section 1-113 of this title, is not within this state shall not be

eligible for State Aid. No local funding associated with the

nonresident student’s out-of-state resident district shall be

allocated or transferred to the receiving school district.

E. Any parent, guardian, person, or institution having care and

custody of a child who pays ad valorem tax on real property in any

other school district other than that in which that person resides

may, with the approval of the receiving school district, enroll the

child in any school district in which ad valorem tax is paid and

receive a credit on the nonresident tuition fee equal to the amount

of the ad valorem tax paid for school district purposes in the

Oklahoma Statutes - Title 70. Schools Page 107

school district in which the child is enrolled. Provided, the

credit shall not exceed the total amount required for the tuition

payment.
Okla. Stat. tit. 70, § 70-19-121 — OK Code / Title 70 / Section 70-19-121
Implementation of aims and purposes of act - Rules and
Status: in_force

regulations - Supplies and equipment.

The State Board of Education is hereby authorized and empowered

to promulgate rules and regulations to carry out the aims and

purposes established in Section 38 of this act. The State Board of

Education is authorized to acquire in compliance with the law for

cash, lease, or by lease-purchase agreement all the necessary

equipment, visual and training aids and devices, and related

materials required.
Okla. Stat. tit. 70, § 70-24-132 — OK Code / Title 70 / Section 70-24-132
Reporting of students under influence of certain
Status: in_force

prohibited substances - Civil immunity - Delivery of found

substances to proper authority.

A. Any public school administrator, teacher or counselor having

reasonable cause to suspect that a student is under the influence of

low-point beer as defined in Section 163.2 of Title 37 of the

Oklahoma Statutes, alcoholic beverages as defined in Section 506 of

Title 37 of the Oklahoma Statutes or a controlled dangerous

substance as defined in Section 2-101 of Title 63 of the Oklahoma

Statutes or has in the student's possession low-point beer,

alcoholic beverages or a controlled dangerous substance, who reports

such information to the appropriate school official, court

personnel, community substance abuse prevention and treatment

personnel or any law enforcement agency, pursuant to the school's

policy shall have immunity from any civil liability that might

otherwise be incurred or imposed as a result of the making of such a

report.

B. Every school authority shall immediately deliver any

controlled dangerous substance, removed or otherwise seized from any

Oklahoma Statutes - Title 70. Schools Page 942

minor or other person, to a law enforcement authority for

appropriate disposition.
Okla. Stat. tit. 70, § 70-625.5 — OK Code / Title 70 / Section 70-625.5
Eligibility - Amount - Renewal - Reports
Status: in_force

A. An applicant may be eligible for the award of a scholarship

upon demonstration that the applicant:

1. Desires a scholarship to any accredited school of medicine

or school of osteopathic medicine in the United States of America;

2. Is a bona fide resident of Oklahoma;

3. Has personal financial resources such that, in the absence

of scholarship aid, will be unable to pursue the program of study

desired;

4. Is a person of good moral character;

5. Has successfully completed the program of instruction

prerequisite for admission to the program of study provided for in

Oklahoma Statutes - Title 70. Schools Page 1051

Section 625.1 et seq. of this title and has applied for admission to

a medical school;

6. Has capacity to profit by the course of study for which the

applicant seeks aid;

7. Desires to practice medicine in a rural community in

Oklahoma; and

8. Submits proof that the applicant has not accepted or will

not accept any other scholarship assistance which has a conflicting

service obligation requirement.

In determining an applicant’s capacity to profit by the course

of study desired, the Commission shall consider the applicant’s

previous scholastic record, the results of examinations conducted

under the provisions of Section 625.1 et seq. of this title, and the

results of interviews and such other tests or examinations which the

Commission may deem advisable. In establishing an applicant’s

financial need, the Commission shall conduct a thorough and complete

investigation of the financial resources of the applicant and

family.

B. The amount of each scholarship grant shall not exceed

Fifteen Thousand Dollars ($15,000.00) per academic year for students

engaged in their first, second, third or fourth year of study, or

equivalent number of terms completed in an education program in a

given period of months.

C. The method of payment of funds to each recipient of a

scholarship grant shall be in accordance with rules formulated by

the Commission governing the grants for each type of scholarship.

D. Each scholarship is renewable annually for the number of

years required to complete the course of study in which the

recipient is engaged. The Commission shall grant such an annual

renewal only upon the recipient’s application and upon the

Commission’s finding that the recipient:

1. Has completed successfully the work of the preceding year

and presented evidence that the recipient is a student in good

standing;

2. Remains a resident of Oklahoma; and

3. Is in a financial situation that warrants the award of a

scholarship under the standards set forth in Section 625.1 et seq.

of this title.

E. The Commission shall make an annual report to the Governor

and Legislature on the activities of the Commission. This report

shall include the names of the recipients of the scholarships, the

amount of the scholarship awards, an accounting of the funds

expended on scholarships and on the administration of the program

and a budget requesting the funds necessary for the operation of the

Commission. The report shall also include an accounting of

repayments of scholarships, whether by services or in cash including

interest.

Oklahoma Statutes - Title 70. Schools Page 1052
Okla. Stat. tit. 70, § 70-9-103 — OK Code / Title 70 / Section 70-9-103
Purchase or contract for use of vehicles - Lettering
Status: in_force

The board of education of any school district authorized to

furnish transportation to school children may purchase and maintain

suitable vehicles for such use and/or may contract with responsible

individuals or another school district to furnish all or part of

said transportation. All such contractors, however, shall be

subject to statutory provisions relating to the transportation of

school children. Every vehicle with a capacity of ten passengers or

more used in transporting school children shall have painted in

letters not less than eight (8) inches in height on the front

thereof the words, "SCHOOL BUS," and on the rear thereof in letters

of the same size, "SCHOOL BUS."
Okla. Stat. tit. 70, § 70-14-101 — OK Code / Title 70 / Section 70-14-101
State Board of Career and Technology Education -
Status: in_force

Oklahoma Statutes - Title 70. Schools Page 21Successor to State Board of Vocational and Technical Education.

A. There is hereby created the State Board of Career and

Technology Education which shall succeed to all of the powers and

duties heretofore invested in the State Board for Vocational

Education. The membership of the State Board of Career and

Technology Education shall consist of:

1. The State Superintendent of Public Instruction who shall be

an ex officio voting member;

2. Two appointed members of the State Board of Education,

selected by the Governor, to serve as ex officio voting members.

One State Board member shall be selected for a one-year term and one

State Board member shall be selected for a two-year term;

3. Five members to be appointed by the Governor with the advice

and consent of the Senate. Each appointed member shall be an owner,

chief executive or operating officer, or business executive with

policy-making or hiring authority for a business or industry located

in the state or with a business or industry where a significant

number of the workforce performs a task for which training or other

educational service may be obtained from the career and technology

education system. The Governor shall appoint one such appointive

member from each of the congressional districts and any remaining

members shall be appointed from the state at large.

However, when congressional districts are redrawn each member

appointed prior to July 1 of the year in which such modification

becomes effective shall complete the current term of office and

appointments made after July 1 of the year in which such

modification becomes effective shall be based on the redrawn

districts. Appointments made after July 1 of the year in which such

modification becomes effective shall be from any redrawn districts

which are not represented by a board member until such time as each

of the modified congressional districts are represented by a board

member. No member shall be appointed pursuant to this paragraph who

Oklahoma Statutes - Title 70. Schools Page 636

has not resided in the relevant congressional district for at least

six (6) months prior to the date of appointment; and

4. One member who represents the public, private and/or

educational interests of the state shall be appointed by the

Governor from the state at large with the advice and consent of the

Senate.

B. All initial appointments made by the Governor pursuant to

this act shall be for terms as follows:

1. Initial appointments of the two members of the State Board

of Education pursuant to paragraph 2 of subsection A of this section

shall be for terms as follows:

a. one for a term to expire on April 1, 2004, and

b. one for a term to expire on April 1, 2005;

2. Initial appointments of the six members pursuant to

paragraphs 3 and 4 of subsection A of this section shall be for

terms as follows:

a. one for a term to expire on April 1, 2004,

b. one for a term to expire on April 1, 2005,

c. one for a term to expire on April 1, 2006,

d. one for a term to expire on April 1, 2007,

e. one for a term to expire on April 1, 2008, and

f. one for a term to expire on April 1, 2009;

3. The member appointed to represent the state at large shall

be the initial appointment for the term ending April 1, 2009;

4. After the initial terms, all members appointed by the

Governor shall be appointed for terms of six (6) years. Initial

appointments pursuant to the provisions of this section shall be

made no later than September 1, 2003. All terms shall expire on the

first day of April of the year in which the term of each member

expires, except for the terms of office of members serving on the

Board on the effective date of this section, which shall expire

August 31, 2003;

5. The Chair of the Board shall be the State Superintendent of

Public Instruction. The Director of the Oklahoma Department of

Career and Technology Education shall serve as an ex officio

nonvoting member and shall be the executive officer of the Board;

and

6. Members of the State Board of Career and Technology

Education shall be subject to the orientation and continuing

education requirements for school board members specified in

Sections 5-110 and 5-110.1 of this title. Failure of a member to

satisfy these requirements shall result in the member vacating the

seat and the vacancy being filled as provided by law.

C. No person shall be eligible to be appointed to serve on the

Board unless the person has been awarded a high school diploma or

certificate of high school equivalency.

Oklahoma Statutes - Title 70. Schools Page 637

D. For each additional month employed, the additional salary

shall be calculated on the basis of one-tenth (1/10) of the base

salary as prescribed by the school district for a teacher of like

qualifications employed on a ten-months' basis.

E. The official name of the Board which is known as the “State

Board of Vocational and Technical Education” shall be designated in

all future references as the “State Board of Career and Technology

Education”. Any references in the statutes to the State Board of

Vocational and Technical Education shall be deemed references to the

State Board of Career and Technology Education.
Okla. Stat. tit. 70, § 70-820.5 — OK Code / Title 70 / Section 70-820.5
Registration as athlete agent – Application –
Status: in_force

Requirements - Reciprocal registration.

REGISTRATION AS ATHLETE AGENT; APPLICATION; REQUIREMENTS;

RECIPROCAL REGISTRATION.

A. An applicant for registration as an athlete agent shall

submit an application for registration to the Secretary of State in

a form prescribed by the Secretary of State. The applicant must be

an individual, and the application must be signed by the applicant

under penalty of perjury. The application must contain at least the

following:

1. The name and date and place of birth of the applicant and

the following contact information for the applicant:

a. the address of the applicant's principal place of

business,

b. work and mobile telephone numbers, and

c. any means of communicating electronically including a

facsimile number, electronic-mail address, and

personal and business or employer websites;

2. The name of the applicant's business or employer, if

applicable including for each business or employer its mailing

address, telephone number, organization form and the nature of the

business;

3. Each social-media account with which the applicant or the

applicant's business or employer is affiliated;

4. Each business or occupation in which the applicant engaged

within five (5) years before the date of the application including

self-employment and employment by others, and any professional or

occupational license, registration or certification held by the

applicant during that time;

5. A description of the applicant's:

a. formal training as an athlete agent,

b. practical experience as an athlete agent, and

c. educational background relating to the applicant's

activities as an athlete agent;

6. The name of each student athlete for whom the applicant

acted as an athlete agent within five (5) years before the date of

the application or, if the individual is a minor, the name of the

parent or guardian of the minor, together with the athlete's sport

and last-known team;

7. The name and address of each person that:

Oklahoma Statutes - Title 70. Schools Page 1115

a. is a partner, member, officer, manager, associate or

profit sharer or directly or indirectly holds an

equity interest of five percent (5%) or greater of the

athlete agent's business if it is not a corporation,

and

b. is an officer or director of a corporation employing

the athlete agent or a shareholder having an interest

of five percent (5%) or greater in the corporation;

8. A description of the status of any application by the

applicant or any person named under paragraph 7 of this subsection

for a state or federal business, professional or occupational

license, other than as an athlete agent, from a state or federal

agency including any denial, refusal to renew, suspension,

withdrawal or termination of the license and any reprimand or

censure related to the license;

9. Whether the applicant or any person named under paragraph 7

of this subsection has pleaded guilty or no contest to, has been

convicted of, or has charges pending for, a crime that would involve

moral turpitude or be a felony if committed in this state and, if

so, identification of:

a. the crime,

b. the law enforcement agency involved, and

c. if applicable, the date of the conviction and the fine

or penalty imposed;

10. Whether, within fifteen (15) years before the date of

application, the applicant or any person named under paragraph 7 of

this subsection has been a defendant or respondent in a civil

proceeding including a proceeding seeking a judicial determination

of incapacity pursuant to Sections 3-101 through 3-115 of Title 30

of the Oklahoma Statutes and, if so, the date and a full explanation

of each proceeding;

11. Whether the applicant or any person named under paragraph 7

of this subsection has an unsatisfied judgment or a judgment of

continuing effect including alimony or a domestic order in the

nature of child support, which is not current at the date of the

application;

12. Whether, within ten (10) years before the date of

application, the applicant or any person named under paragraph 7 of

this subsection was adjudicated bankrupt or was an owner of a

business that was adjudicated bankrupt;

13. Whether there has been any administrative or judicial

determination that the applicant or any person named under paragraph

7 of this subsection made a false, misleading, deceptive or

fraudulent representation;

14. Each instance in which conduct of the applicant or any

person named under paragraph 7 of this subsection resulted in the

imposition of a sanction, suspension or declaration of ineligibility

Oklahoma Statutes - Title 70. Schools Page 1116

to participate in an interscholastic, intercollegiate or

professional athletic event on a student athlete or a sanction on an

educational institution;

15. Each sanction, suspension or disciplinary action taken

against the applicant or any person named under paragraph 7 of this

subsection arising out of occupational or professional conduct;

16. Whether there has been a denial of an application for,

suspension or revocation of, refusal to renew, or abandonment of,

the registration of the applicant or any person named under

paragraph 7 of this subsection as an athlete agent in any state;

17. Each state in which the applicant currently is registered

as an athlete agent or has applied to be registered as an athlete

agent;

18. If the applicant is certified or registered by a

professional league or players association:

a. the name of the league or association,

b. the date of certification or registration, and the

date of expiration of the certification or

registration, if any, and

c. if applicable, the date of any denial of an

application for, suspension or revocation of, refusal

to renew, withdrawal of, or termination of, the

certification or registration or any reprimand or

censure related to the certification or registration;

and

19. Any additional information required by the Secretary of

State.

B. Instead of proceeding under subsection A of this section, an

individual registered as an athlete agent in another state may apply

for registration as an athlete agent in this state by submitting to

the Secretary of State:

1. A copy of the application for registration in the other

state;

2. A statement that identifies any material change in the

information on the application or verifies there is no material

change in the information, signed under penalty of perjury; and

3. A copy of the certificate of registration from the other

state.

C. The Secretary of State shall issue a certificate of

registration to an individual who applies for registration under

subsection B of this section if the Secretary of State determines:

1. The application and registration requirements of the other

state are substantially similar to or more restrictive than the

Revised Uniform Athlete Agents Act; and

2. The registration has not been revoked or suspended and no

action involving the individual's conduct as an athlete agent is

Oklahoma Statutes - Title 70. Schools Page 1117

pending against the individual or the individual's registration in

any state.

D. For purposes of implementing subsection C of this section,

the Secretary of State shall:

1. Cooperate with national organizations concerned with athlete

agent issues and agencies in other states which register athlete

agents to develop a common registration form and determine which

states have laws that are substantially similar to or more

restrictive than the Revised Uniform Athlete Agents Act; and

2. Exchange information including information related to

actions taken against registered athlete agents or their

registrations, with those organizations and agencies.
Okla. Stat. tit. 70, § 70-1210.508A — OK Code / Title 70 / Section 70-1210.508A
Short title — Strong Readers Act
Status: in_force

Sections 1210.508A through 1210.508H of this title shall be

known and may be cited as the “Strong Readers Act”.
Okla. Stat. tit. 70, § 70-13-106 — OK Code / Title 70 / Section 70-13-106
State appropriations - Apportionment
Status: in_force

State monies appropriated to carry out the provisions of laws

dealing with the education of children with disabilities shall be

apportioned by the State Board of Education among the various school

districts of the state providing such education for children with

disabilities in accordance with Section 18-201 of this title and

with the standards and rules prescribed by the State Board of

Education.
Okla. Stat. tit. 70, § 70-3404.3 — OK Code / Title 70 / Section 70-3404.3
Cameron University – Branch campus at Duncan – Resident
Status: in_force

college credit courses and programs.

A. The Oklahoma State Regents for Higher Education shall make

resident college credit courses and programs available to the people

of Duncan.

B. The Oklahoma State Regents for Higher Education shall make

lower and upper division classes and programs and graduate classes

at the Masters level through a branch of Cameron University, which

shall be established and located in Duncan. The branch campus of

Cameron University shall be governed by the Board of Regents for the

University of Oklahoma and administered through Cameron University.

The Duncan Economic Development Trust Authority shall provide

suitable existing facilities to accommodate the branch at Duncan.

The Oklahoma State Regents for Higher Education may provide

resources to Cameron University to maintain and operate the branch

campus in Duncan in accordance with its function and mission as

provided by law.Oklahoma Statutes - Title 70. Schools Page 81
Okla. Stat. tit. 70, § 70-5-158 — OK Code / Title 70 / Section 70-5-158
Funds or ledgers
Status: in_force

A school district shall establish funds consistent with legal

and operating requirements. Each school district shall maintain

according to its own needs some or all of the following funds or

ledgers in its system of accounts:

1. A general fund, to account for all monies received and

disbursed for general school district purposes, including all

assets, liabilities, reserves, fund balances, revenues and

expenditures which are not accounted for in any other fund or

special ledger account;

2. Special revenue funds, as required, to account for the

proceeds of specific revenue sources that are restricted by law to

expenditures for specified purposes;

3. Debt service fund, which shall include the school district

sinking fund, established to account for the retirement of general

obligation bonds, building bonds, transportation bonds or other long

term debt and payment of interest thereon and judgments as provided

by law. Any monies pledged to service general obligation bonds,

building bonds, transportation bonds or other long term debt must be

deposited in the debt service fund;

4. Capital improvement fund, to account for financial resources

segregated for acquisition, construction or other improvement

related to capital facilities other than those financed by general

long term debt;

Oklahoma Statutes - Title 70. Schools Page 327

5. Enterprise funds, to account for operations that are

financial and operated in a manner similar to private business

enterprises where the intent of the governing body is that the costs

(expenses, including depreciation), of providing goods or services

on a continuing basis be financed or recovered primarily through

user charges or where there is a periodic need to determine revenues

earned, expenses incurred or net income for a service or program;

6. Trust and agency funds, to account for assets held by the

school district as trustee or agent for individuals, private

organizations or other governmental units or purposes, such as a

retirement fund, employee health insurance fund or a school activity

fund;

7. Internal service funds, to account for the financing of

goods or services provided by one department or agency of the school

district to another department or agency, or to another government,

on a cost reimbursement basis;

8. A ledger or group of accounts in which to record the details

relating to the general fixed assets of the school district;

9. A ledger or group of accounts in which to record the details

relating to the general obligation bonds, building bonds,

transportation bonds or other long term debt of the school district;

or

10. Such other funds or ledgers as may be established by the

board of education.
Okla. Stat. tit. 70, § 70-13-126 — OK Code / Title 70 / Section 70-13-126
Procedural safeguards
Status: in_force

Procedural safeguards shall be established in fulfillment of the

requirements of Part C of the Individuals with Disabilities

Education Act (IDEA) through interagency agreements involving the

State Department of Education, the Oklahoma State Department of

Health, the Department of Human Services, the Department of Mental

Health and Substance Abuse Services and other publicly funded

services as appropriate.
Okla. Stat. tit. 70, § 70-9007 — OK Code / Title 70 / Section 70-9007
Election on district formation and millage rate – Bonds –
Status: in_force

Special election – Election costs.

A. An election may be conducted in November of any even-

numbered year in order to determine whether the proposed higher

education funding district shall be formed and its initial

operational millage rate, which shall not exceed the number of mills

as prescribed by Section 9B of Article X of the Oklahoma

Constitution. If the certified election results show that a sixty

percent (60%) majority of all votes cast are in favor of the

creation of the higher education funding district, the county

election board shall declare the district to have been established

and, if an initial operational millage was submitted to the voters

as part of the same ballot measure for creation of the district,

shall also declare such millage rate to be established for the

district.

B. If there are to be any bonds or other evidence of

indebtedness issued by the district contemporaneously approved at

Oklahoma Statutes - Title 70. Schools Page 1697

the election calling for the formation of the district or at any

subsequent election called for the purposes of approving such bonds

or other evidence of indebtedness, such information as may be

required for the approval of a sinking fund millage rate as provided

by law shall also be included on the ballot, but the principal

amount of debt to be incurred, the projects to be constructed or

improved or acquired with the proceeds of the bonds, the maximum

maturity of the bonds and other information shall be included as

part of the ballot title if that question is submitted to the

voters.

C. A special election may be conducted in the manner prescribed

by Section 12-116 of Title 26 of the Oklahoma Statutes if the

question of the creation of the higher education funding district is

to be submitted at any other time than a General Election.

D. All costs for elections related to higher education funding

districts shall be paid for by the institution of higher education

for the benefit of which the district is being created or, after

approval of such district, for the benefit of which the district was

created.Oklahoma Statutes - Title 70. Schools Page 88
Okla. Stat. tit. 70, § 70-2603v1 — OK Code / Title 70 / Section 70-2603v1
Eligibility requirements
Status: in_force

A. Except as otherwise provided for in subsection B of this

section and elsewhere in this section, to be eligible to participate

in the Oklahoma Higher Learning Access Program and to qualify for an

award which includes payment of an amount equivalent to resident

tuition or other tuition pursuant to Section 2604 of this title for

Oklahoma Statutes - Title 70. Schools Page 1381

the first semester or other academic unit of postsecondary

enrollment, a student shall:

1. Be a resident of this state or be enrolled in a school

district located in this state that serves students who reside in

both this state and an adjacent state pursuant to a contract as

authorized in Section 5-117.1 of this title;

2. Be a United States citizen or lawfully present in the United

States. A student who is not a United States citizen or lawfully

present in the United States shall not be eligible to participate in

the Oklahoma Higher Learning Access Program and to qualify for an

award notwithstanding the provisions of Section 3242 of this title.

The provisions of this paragraph shall not apply to any student who

was enrolled in the Oklahoma Higher Learning Access Program prior to

the end of the 2006-2007 school year;

3. Have a record of satisfactory compliance with agreements

executed pursuant to Section 2605 of this title;

4. a. Have graduated within the previous three (3) years

from a high school accredited by the State Board of

Education or the Oklahoma School of Science and

Mathematics with a minimum 2.5 cumulative grade point

average on a 4.0 scale for all work attempted in

grades nine through twelve,

b. Have graduated within the previous three (3) years

from a high school not accredited by the State Board

of Education with a minimum 2.5 cumulative grade point

average on a 4.0 scale for all work attempted in

grades nine through twelve and have achieved a

composite score of 22 or higher on the ACT test, or

c. Have satisfactorily completed within the previous

three (3) years an educational program that was

provided through a means other than a public or

private school and have achieved a composite score of

22 or higher on the ACT test;

5. Have completed the curricular requirements for admission to

an institution within The Oklahoma State System of Higher Education.

Students shall also have attained a 2.5 grade point average in the

core curriculum courses. Students who attended a high school which

did not offer all the core curriculum courses or students who were

educated by other means and were not offered all the core curriculum

courses shall be allowed to satisfy this curriculum requirement by

participating in a program approved by the Oklahoma State Regents

for Higher Education for remediation of high school curricular

deficiencies;

6. Have satisfied admission standards as determined by the

Oklahoma State Regents for Higher Education for first-time-entering

students for the appropriate type of institution, or, if attending a

private institution, have satisfied admission standards as

Oklahoma Statutes - Title 70. Schools Page 1382

determined by the private institution. No student participating in

the Oklahoma Higher Learning Access Program shall be admitted into

an institution of higher education by special admission standards;

7. Have secured admission to, and enrolled in, an institution

which is a member of The Oklahoma State System of Higher Education,

a postsecondary vocational-technical program offered by a technology

center school that meets the requirements to be eligible for federal

student financial aid, or a private institution of higher learning

located within this state and accredited pursuant to Section 4103 of

this title; and

8. a. Have established financial need according to the

provisions of subsection D of Section 2605 of this

title and standards and provisions promulgated by the

Oklahoma State Regents for Higher Education,

b. If the student was adopted between birth and twelve

(12) years of age while in the permanent custody of

the Department of Human Services, in the court-ordered

custody of a licensed private nonprofit child-placing

agency, or federally recognized Indian tribe, as

defined by the federal Indian Child Welfare Act of

1978, have established financial need according to the

provisions of paragraph 1 of subsection E of Section

2605 of this title and standards and provisions

promulgated by the Oklahoma State Regents for Higher

Education,

c. If the student was adopted between thirteen (13) and

seventeen (17) years of age while in the permanent

custody of the Department of Human Services, in the

court-ordered custody of a licensed private nonprofit

child-placing agency, or federally recognized Indian

tribe, as defined by the federal Indian Child Welfare

Act of 1978, have established financial need according

to the provisions of paragraph 2 of subsection E of

Section 2605 of this title and standards and

provisions promulgated by the Oklahoma State Regents

for Higher Education,

d. If the student was placed in the custody of the

Department of Human Services at any time during the

eighth, ninth, tenth, or eleventh grade and enrolls in

the program no later than his or her official date of

high school graduation, have established financial

need according to the provisions of paragraph 3 of

subsection E of Section 2605 of this title and

standards and provisions promulgated by the Oklahoma

State Regents for Higher Education, or

e. If the student is the child of a certified classroom

teacher and meets the provisions of paragraph 5 of

Oklahoma Statutes - Title 70. Schools Page 1383

subsection E of Section 2605 of this title. For the

purposes of this paragraph, “certified classroom

teacher” shall have the same meaning as provided in

subparagraph d of paragraph 5 of subsection E of

Section 2605 of this title.

B. 1. A student shall be eligible to participate in the

Oklahoma Higher Learning Access Program and to qualify for an award

which includes payment of an amount equivalent to resident tuition

or other tuition pursuant to Section 2604 of this title for the

first semester or other academic unit of postsecondary enrollment if

the student meets all of the following criteria:

a. is a child of any person killed after January 1, 2000,

in the line of duty in any branch of the United States

Armed Forces or who died after January 1, 2000, as a

result of an injury sustained while in the line of

duty in any branch of the United States Armed Forces

and the person who was killed or died filed an

individual or joint Oklahoma income tax return for the

tax year prior to the year during which the person was

killed or died,

b. is a resident of this state or is enrolled in a school

district located in this state that serves students

who reside in both this state and an adjacent state

pursuant to a contract as authorized in Section 5-

117.1 of this title,

c. enrolls in an institution within The Oklahoma State

System of Higher Education prior to reaching the age

of twenty-one (21),

d. has satisfied admission standards as determined by the

Oklahoma State Regents for Higher Education for first-

time-entering students for the appropriate type of

institution, or, if attending a private institution,

has satisfied admission standards as determined by the

private institution. No student participating in the

Oklahoma Higher Learning Access Program shall be

admitted into an institution of higher education by

special admission standards,

e. has secured admission to, and enrolled in, an

institution which is a member of The Oklahoma State

System of Higher Education, a postsecondary

vocational-technical program offered by a technology

center school that meets the requirements to be

eligible for federal student financial aid, or a

private institution of higher learning located within

this state and accredited pursuant to Section 4103 of

this title, and

Oklahoma Statutes - Title 70. Schools Page 1384

f. executes an agreement pursuant to subsection C of

Section 2605 of this title.

2. A student who is eligible to participate in the program

pursuant to this subsection shall not be required to meet the

eligibility requirements set forth in subsection A of this section.

C. To retain eligibility while pursuing the program of higher

learning in which enrolled, the student shall:

1. Meet the requirements for retention and degree completion as

established by the institution in which the student is enrolled;

2. Maintain good academic standing and satisfactory academic

progress according to standards of the Oklahoma State Regents for

Higher Education;

3. Maintain satisfactory academic progress as required for

eligibility for federal Title IV student financial aid programs.

The provisions of this paragraph shall become effective for the

2012-2013 school year;

4. Comply with the standards related to maintenance of

eligibility as promulgated by the Oklahoma State Regents for Higher

Education; and

5. Refrain from conduct that leads to expulsion or suspension

of more than one semester from an institution of higher education.

A student who violates the provisions of this paragraph shall

permanently lose eligibility for program benefits. The provisions

of this paragraph shall become effective January 1, 2008.

D. The Oklahoma State Regents for Higher Education and the

State Board of Career and Technology Education shall promulgate

rules relating to maintenance of eligibility under the Oklahoma

Higher Learning Access Act by a student.

E. It is the intent of the Legislature that students in the

ninth grade for the 1992-93 school year who are determined to be

eligible Oklahoma Higher Learning Access students pursuant to the

Oklahoma Higher Learning Access Act shall be the first students

eligible for benefits from the Oklahoma Higher Learning Access Trust

Fund.

F. The Oklahoma State Regents for Higher Education are

authorized to study, develop, and propose criteria for determining

award eligibility based upon the completion of seven semesters of

high school coursework by a student.
Okla. Stat. tit. 70, § 70-611 — OK Code / Title 70 / Section 70-611
Management of permanent school fund
Status: in_force

The Commissioners of the Land Office, consisting of the

Governor, the Lieutenant Governor, State Auditor and Inspector,

Superintendent of Public Instruction, and the President of the Board

of Agriculture, are hereby authorized and empowered to manage, loan,

invest and deposit, the permanent school fund donated to the State

Oklahoma Statutes - Title 70. Schools Page 1042

of Oklahoma by the Congress of the United States, or arising from

the sale of lands and from other sources.
Okla. Stat. tit. 70, § 70-4419 — OK Code / Title 70 / Section 70-4419
Tulsa Technology Center School District - Board
Status: in_force

districts.

A. All of the territory comprising the County of Tulsa, and all

of the territory in adjacent counties comprising a portion of school

districts partially located in Tulsa County shall be a technology

center school district to be known as the Tulsa Technology Center

School District. Territory that is in an existing technology center

school district shall be exempt from consideration. Provided,

nothing in this section shall prohibit the annexation of territory

in adjacent counties by the Tulsa Technology Center School District

in accordance with rules prescribed by the State Board of Career and

Technology Education. Provided, further, any such annexation shall

be approved by the Tulsa Technology Center School Board of Education

prior to such annexation election. The Tulsa Technology Center

School District shall have a board of education consisting of seven

(7) members having the same powers and duties as boards of education

of other technology center school districts. The members shall be

elected in the same manner as boards of education of other

technology center school districts except as otherwise provided in

this title. The terms of office of members shall be staggered so

that the term of office of only one member shall expire each year.

The offices shall be numbered. The Tulsa Technology Center School

Board of Education shall divide the territory of the district into

seven board districts in the same manner as required by independent

school districts. One member of the board of education shall be

elected to represent each board district. Beginning January 1,

1993, the following provisions and the provisions of Section 13A-101

et seq. of Title 26 of the Oklahoma Statutes shall control as to

election of the members of the Tulsa Technology Center School Board

of Education:

1. There shall be held a nomination election in which the

electors of each board district in which a term is expiring or in

Oklahoma Statutes - Title 70. Schools Page 1652

which a vacancy exists shall select two nominees from among the

candidates for board member to represent the board district;

2. If, in the nominating election, one candidate has a majority

of all votes cast, then that candidate shall be elected to represent

the board district and a general election is not required. If no

candidate receives a majority of all votes cast, then the two

candidates receiving the greatest number of votes shall become the

nominees for the board district in the general election; and

3. At the general election, all of the electors of the board

district shall select one of the two nominees as the member of the

board of education representing the board district.

B. Except as otherwise provided in this section, the election

of the governing board and the operation of the Tulsa Technology

Center School District shall be in accordance with rules established

by the State Board of Career and Technology Education as provided

for in Section 9B, Article X of the Oklahoma Constitution.

C. It is hereby provided that not more than five (5) mills on

the dollar valuation of the taxable property in the district shall

be voted on or thereafter be levied annually under Section 9B,

Article X of the Oklahoma Constitution, and the district shall not

become indebted for more than three percent (3%) of the net

valuation of taxable property within the district for capital

improvements for secondary and adult vocational and technical

education purposes. Only programs in secondary and adult vocational

and technical education shall be offered by the district.

D. Programs in post-secondary vocational and/or technical

education shall not be offered or conducted by the Tulsa Technology

Center School District; provided, however, that nothing in this

section shall be construed as prohibiting the establishment of an

authorization to conduct such post-secondary vocational and

technical programs by legislative enactment creating or establishing

such programs within the limits of Section 9B, Article X of the

Oklahoma Constitution.
Okla. Stat. tit. 70, § 70-820.25 — OK Code / Title 70 / Section 70-820.25
Limitations on student athlete agreements and contracts
Status: in_force

— Permissible restrictions by institutions — Required courses for

student athletes.

A. A student athlete shall not use a postsecondary

institution’s marks for the purpose of securing payment for use of

his or her name, image, or likeness unless authorized by the

postsecondary institution.

B. A student athlete shall not enter into a name, image, and

likeness agreement that conflicts with a written policy of the

postsecondary institution or involves a commercial product or

Oklahoma Statutes - Title 70. Schools Page 1128

service that negatively impacts or reflects adversely on the

postsecondary institution or its athletic programs including, but

not limited to, generating public disrepute, embarrassment, scandal,

ridicule or otherwise negatively impacting the reputation or the

moral or ethical standards of the postsecondary institution.

C. A contract for the use of a student athlete’s name, image,

or likeness or a contract for professional representation related to

name, image, or likeness that is formed while the student athlete is

participating in intercollegiate athletics at a postsecondary

institution may not extend beyond his or her eligibility to

participate in intercollegiate athletics; provided, however, if a

postsecondary institution has licensed the right to use the name,

image, or likeness of a student athlete to promote the postsecondary

institution’s academic or athletic program in content created while

the student athlete is enrolled at the postsecondary institution,

the postsecondary institution shall not be required to discontinue

use of such name, image, or likeness rights, if and as permitted by

the agreement with the student athlete, after the student athlete’s

eligibility has expired.

D. A postsecondary institution may adopt reasonable time,

place, and manner restrictions to prevent a student athlete’s name,

image, or likeness activities from interfering with team activities,

the postsecondary institution’s operations, or the use of the

postsecondary institution’s facilities. A postsecondary institution

may receive compensation for the use of its institutional marks or

facilities in conjunction with a student athlete’s name, image, and

likeness activities.

E. A collegiate athletic association shall not prohibit a

postsecondary institution from establishing agreements with a third

party to act on its behalf to identify, facilitate, enable, or

support student athlete name, image, and likeness activities.

F. A postsecondary institution may require a student athlete to

take courses or receive education or training in contracts,

financial literacy, or any other subject the postsecondary

institution deems necessary to prepare a student athlete to engage

in name, image, and likeness activities.
Okla. Stat. tit. 70, § 70-17-105 — OK Code / Title 70 / Section 70-17-105
Retirement
Status: in_force

A. 1. Any member who has attained age fifty-five (55) or who

has completed thirty (30) years of creditable service, as defined in

Section 17-101 of this title, or for any person who initially became

a member prior to July 1, 1992, regardless of whether there were

breaks in service after July 1, 1992, whose age and number of years

of creditable service total eighty (80) may be retired upon proper

application for retirement as established by the Teachers’

Retirement System of Oklahoma. Such a retirement date will also

apply to any person who became a member of the sending system as

defined in Section 17-116.2 of this title, prior to July 1, 1992,

regardless of whether there were breaks in service after July 1,

1992. Any person who became a member after June 30, 1992, but prior

to November 1, 2011, whose age and number of years of creditable

service total ninety (90) may be retired upon proper application for

retirement as established by the System. Any person who becomes a

member on or after November 1, 2011, who attains the age of sixty-

five (65) years or who reaches a normal retirement date pursuant to

subparagraph d of paragraph 22 of Section 17-101 of this title

having attained a minimum age of sixty (60) years may be retired

upon proper application for retirement as established by the System.

The application shall be filed with the System in a manner required

by the Board of Trustees.

Oklahoma Statutes - Title 70. Schools Page 724

2. The employer shall provide the System with the following

information for a retiring member, no later than the fifteenth day

of the month of retirement: last day physically on the job; last

day on payroll; any regular compensation not already reported to the

System; and final unused sick leave balance.

3. Failure to submit this information by the deadline, or

errors in submitted information that result in a disqualification of

retirement eligibility, shall be the responsibility of the employer.

In cases where the error results in disqualification of retirement

eligibility, it is the employer’s responsibility to reemploy the

member, or retain the member on the payroll, for the time period

required to reach eligibility, not exceeding two (2) months.

B. An individual who becomes a member of the Teachers’

Retirement System of Oklahoma after July 1, 1967, through October

31, 2017, shall be employed by the public schools, state colleges,

or universities of Oklahoma for a minimum of five (5) years and be a

contributing member of the Teachers’ Retirement System of Oklahoma

for a minimum of five (5) years to qualify for monthly retirement

benefits from the Teachers’ Retirement System of Oklahoma.

An individual who becomes a member of the Teachers’ Retirement

System of Oklahoma on or after November 1, 2017, shall be employed

by the public schools, state colleges or universities of Oklahoma

for a minimum of seven (7) years and be a contributing member of the

Teachers’ Retirement System of Oklahoma for a minimum of seven (7)

years to qualify for monthly retirement benefits from the Teachers’

Retirement System of Oklahoma.

C. Individuals becoming members after July 1, 1967, through

October 31, 2017, with five (5) or more years of Oklahoma service

and whose accumulated contributions during such period have not been

withdrawn shall be given an indefinite extension of membership

beginning with the sixth year following the member’s last

contributing membership.

Individuals becoming members on or after November 1, 2017, with

seven (7) or more years of Oklahoma service and whose accumulated

contributions during such period have not been withdrawn shall be

given an indefinite extension of membership beginning with the

eighth year following the member’s last contributing membership.

D. Nonclassified optional personnel who have retired or who

retire at sixty-two (62) years of age or older or whose retirement

is because of disability shall have minimum retirement benefits

calculated on an average salary of Five Thousand Three Hundred Fifty

Dollars ($5,350.00) or, if a larger monthly allowance would result,

an amount arrived at pursuant to application of the formula

prescribed herein.

E. No member shall receive a lesser retirement benefit than the

member would have received under the law in effect at the time the

member retired. Any individual under the Teachers’ Retirement

Oklahoma Statutes - Title 70. Schools Page 725

System of Oklahoma, who through error in stating the title of the

position which the member held, may, at the discretion of the Board

of Trustees, be changed from the nonclassified optional group to the

classified group for the purpose of calculating retirement benefits.

F. The value of each year of prior service is the total monthly

retirement benefit divided by the number of years of creditable

service.

G. Upon application of a member who is actively engaged in

teaching in Oklahoma or upon application of the member’s employer,

any member who has been a contributing member for ten (10) years may

be retired by the System subsequent to the execution and filing

thereof, on a disability retirement allowance, provided that it is

found by the Medical Board after medical examination of such member

by a duly qualified physician that such member is mentally or

physically incapacitated for further performance of duty, that such

incapacity is likely to be permanent, and that such member should be

retired. The System shall rely on and give full consideration to

the conclusions and recommendations in the certified written report

of the Medical Board of the Teachers’ Retirement System of Oklahoma

regarding the disability application of such member. If the Medical

Board does not find that a member applying for disability retirement

is mentally or physically incapacitated for performance of duty or

otherwise eligible for a disability retirement, the application

shall then be considered by the Board of Trustees. If a member is

determined to be eligible for disability benefits pursuant to the

Social Security System, then such determination shall entitle the

member to the authorized disability retirement benefits provided by

law. For members who are not eligible for disability benefits

pursuant to the Social Security Administration, the Board of

Trustees and the Medical Board shall apply the same standard for

which provision is made in the first two sentences of this

subsection for determining the eligibility of a person for such

disability benefits in making a determination of eligibility for

disability benefits as authorized by this subsection.

H. 1. A member who at the time of retirement has been found to

be permanently physically or mentally incapacitated to perform the

necessary duties to continue in the member’s current position shall

receive a minimum monthly retirement payment for life or until such

time as the member may be found to be recovered to the point where

the member may return to teaching. Any member retired before July

1, 1992, shall be eligible to receive the monthly retirement benefit

herein provided, but such payment shall not begin until the first

payment due to the member after July 1, 1992, and shall not be

retroactive. The Board of Trustees is empowered to make such rules

and regulations as it considers proper to preserve equity in

retirements under this provision, which shall include a provision to

protect the rights of the member’s spouse.

Oklahoma Statutes - Title 70. Schools Page 726

2. A member who has qualified for retirement benefits under

disability retirement shall have the total monthly payment deducted

from the member’s accumulated contributions plus interest earned and

any money remaining in the member’s account after the above

deductions at the death of the member shall be paid in a lump sum to

the beneficiary or to the estate of the member. Provided, if the

deceased disabled member had thirty (30) years or more of creditable

service and the death occurred after June 30, 1981, and death

occurred prior to the disabled member receiving twelve monthly

retirement payments, a surviving spouse may elect to receive the

retirement benefit to which the deceased member would have been

entitled at the time of death under the Option 2 Plan of Retirement

provided for in paragraph 2 of subsection K of this section in lieu

of the death benefit provided for in this paragraph and in

subsection Q of this section.

3. Once each year the System may require any disabled annuitant

who has not yet attained the age of sixty (60) years to undergo a

medical examination, such examination to be made at the place of

residence for the disabled annuitant or other place mutually agreed

upon by a physician or physicians designated by the System. Should

any disabled annuitant who has not yet attained the age of sixty

(60) years refuse to submit to at least one medical examination in

any such year by a physician or physicians designated by the System,

the member’s benefits may be discontinued until the member submits

to such examination.

4. Should the Medical Board report and certify to the Board of

Trustees that such disabled annuitant is engaged in or is able to

engage in a gainful occupation paying more than the difference

between the member’s average final compensation and the annual

benefit amount, and should the Board of Trustees concur in such

report, then the amount of the member’s annual benefit shall be

reduced to an amount which, added to the member’s earnings from a

gainful occupation, shall equal the amount of the member’s average

final compensation. Should the member’s earning capacity be later

increased, the amount of the member’s annual benefit may be further

reduced.

5. Should a disabled annuitant be restored to active service,

the member’s disability retirement benefit shall cease and the

member shall again become an active member of the Teachers’

Retirement System of Oklahoma and shall make regular contributions

as required under this article. The unused portion of the member’s

accumulated contributions shall be reestablished to the member’s

credit in the Teachers’ Savings Fund. Any such prior service

certificates on the basis of which the member’s service was computed

at the time of the member’s retirement shall be restored to full

force and effect.

Oklahoma Statutes - Title 70. Schools Page 727

I. Should a member before retirement under Section 17-101 et

seq. of this title make application for withdrawal duly filed with

the System, not earlier than four (4) months after the date of

termination of employment with a participating employer within the

System, the contribution standing to the credit of the member’s

individual account in the Teachers’ Savings Fund shall be paid to

the member or, in the event of the member’s death before retirement,

shall be paid to such person or persons as the member shall have

designated in a manner required by the Board of Trustees and filed

with the System; provided, however, if there is no designated

beneficiary surviving upon such death, such contributions shall be

paid to the member’s administrators, executors, or assigns, together

with interest as hereinafter provided. Provided further, if there

is no designated beneficiary surviving upon such death, and the

contributions standing to the credit of such member do not exceed

Two Hundred Dollars ($200.00), no part of such contributions shall

be subject to the payment of any expense of the last illness or

funeral of the deceased member or any expense of administration of

the estate of such deceased and the System, upon satisfactory proof

of the death of such member and of the name or names of the person

or persons who would be entitled to receive such contributions under

the laws of descent and distribution of the state, may authorize the

payment of accumulated contributions to such person or persons. A

member terminating membership by withdrawal after June 30, 2003,

shall have the interest computed at a rate of interest determined by

the Board of Trustees and paid to the member subject to the

following schedule:

1. If termination occurs within sixteen (16) years from the

date membership began, fifty percent (50%) of such interest

accumulations shall be paid;

2. With at least sixteen (16) but less than twenty-one (21)

years of membership, sixty percent (60%) of such interest

accumulations shall be paid;

3. With at least twenty-one (21) but less than twenty-six (26)

years of membership, seventy-five percent (75%) of such interest

accumulations shall be paid; and

4. With at least twenty-six (26) years of membership, ninety

percent (90%) of such interest accumulations shall be paid.

In case of death of an active member, the interest shall be

calculated and restored to the member’s account and paid to the

member’s beneficiary.

J. 1. In lieu of the Maximum Retirement Allowance payable

throughout life for such an amount as determined under this section,

the member may select a retirement allowance for a reduced amount

payable under any of the options listed in subsection K of this

section the present value of which is the actuarial equivalent

thereof.

Oklahoma Statutes - Title 70. Schools Page 728

2. The first payment of any benefit selected shall be made on

the first day of the month following approval of the retirement by

the System. If the named joint annuitant under Option 2 or 3 dies

at any time after the member’s retirement date, but before the death

of the member, the member shall return to the Maximum Plan of

Retirement, including any post-retirement benefit increases the

member would have received had the member not selected Option 2 or 3

pursuant to paragraph 2 or 3 of subsection K of this section. The

retirement allowance shall be determined at the date of death of the

joint annuitant. This increase shall become effective the first day

of the month following the date of death of the joint annuitant, and

shall be payable for the member’s remaining lifetime. The member

shall notify the Teachers’ Retirement System of Oklahoma of the

death of the joint annuitant by providing a copy of the joint

annuitant’s death certificate. In the absence of the death

certificate being filed by the member notifying the Teachers’

Retirement System of Oklahoma of the death of the joint annuitant

within six (6) months of the date of death, nothing in this

subsection shall require the Teachers’ Retirement System of Oklahoma

to pay more than six (6) months of retrospective benefits increase.

K. 1. Option 1. A member takes a slightly reduced retirement

allowance for life. If the member dies before receiving in annuity

payments the present value of the member’s annuity as it was at the

time of retirement, the balance shall be paid to the member’s

beneficiary by designation filed with the System prior to the

member’s death.

2. Option 2. A member takes a reduced retirement allowance for

life. Upon the death of the member the payments shall continue to

the member’s joint annuitant for the life of the joint annuitant.

The designation of the joint annuitant must be filed with the System

at the time of the member’s retirement and, except as provided in

paragraph 2 of subsection J of this section, cannot be changed after

the effective date of the member’s retirement.

3. Option 3. A member receives a reduced retirement allowance

for life. Upon the death of the member one-half (1/2) of the

retirement allowance paid the member shall be continued throughout

the life of the member’s joint annuitant. A designation of a joint

annuitant must be filed with the System at the time of the member’s

retirement and, except as provided in paragraph 2 of subsection J of

this section, cannot be changed after the effective date of the

member’s retirement.

4. Option 4. Provided, the System may establish other

retirement options if certified by the actuary to be of equivalent

actuarial value to the member’s retirement allowance. Other

retirement options shall be presented to the Board of Trustees for

approval at its discretion. Such other benefit or benefits shall be

Oklahoma Statutes - Title 70. Schools Page 729

paid either to the member or, if applicable, to such joint annuitant

as the member shall nominate.

L. Provided, the options listed in paragraphs 2 and 3 of

subsection K of this section shall not be available if the member’s

expected benefit is less than fifty percent (50%) of the lump-sum

actuarial equivalent and the joint annuitant is not the spouse of

the member.

M. 1. A member who chose the Maximum Plan of Retirement at the

time of retirement may make a one-time election to choose either

Option 2 or 3 as prescribed in paragraph 2 or 3 of subsection K of

this section and name the member’s spouse as joint annuitant if the

member marries after making the initial election. Such an election

shall be made within one (1) year of the date of marriage. The

member shall provide proof of a member’s good health before the

System will permit a change to either Option 2 or 3 as prescribed in

paragraphs 2 and 3 of subsection K of this section and the naming of

a joint annuitant. A medical examination conducted by a licensed

physician is required for purposes of determining good health. Such

examination must be approved by the Medical Board. The member shall

be required to provide proof of age for the new joint annuitant.

The System shall adjust the retirement allowance to the actuarially

equivalent amount based on the new joint annuitant’s age. The Board

of Trustees shall promulgate rules to implement the provisions of

this subsection.

2. A member who retires after July 1, 2010, and has selected a

retirement allowance for a reduced amount payable under one of the

options provided for in subsection K of this section may make a one-

time irrevocable election to select a different option within sixty

(60) days of the member’s retirement date. The beneficiary or joint

annuitant designated by the member at the time of retirement shall

not be changed if the member makes the election provided for in this

paragraph.

3. Any individual who is eligible to be a beneficiary or joint

annuitant of a member under subsection J of this section, and who is

also a beneficiary of a trust created under the Oklahoma

Discretionary and Special Needs Trust Act, Section 175.81 et seq. of

Title 60 of the Oklahoma Statutes, or a comparable Trust Act created

under the laws of another state, hereinafter collectively referred

to as “Trust Acts”, may be a beneficiary or joint annuitant under

subsection J of this section by having the trustee of the trust

established for the benefit of that individual named as the legal

beneficiary or joint annuitant under subsection J of this section.

The age of that beneficiary shall be used for calculating any

benefit payable to the trust under subsection J of this section.

The beneficiary of such a trust shall be treated as the beneficiary

or joint annuitant under subsection J of this section except that

payments of any benefits due under subsection J of this section

Oklahoma Statutes - Title 70. Schools Page 730

shall be payable to the lawfully appointed trustee of the trust.

The obligation of the System to pay the beneficiary or joint

annuitant under subsection J of this section shall be satisfied by

payment to the trustee whom the System, in good faith, believes to

be the lawfully appointed trustee. Any conflict between the

statutes creating and governing the Teachers’ Retirement System of

Oklahoma in Section 17-101 et seq. of this title and the provisions

of any Trust Act referred to above shall be resolved in favor of the

statutes governing the System. If an eligible beneficiary or joint

annuitant is named at the time of retirement, and becomes a

beneficiary of a trust under one of the Trust Acts described herein

after that time, the System will acknowledge the trust as the

beneficiary upon the submission of adequate documentation of the

existence of the trust. All other provisions of subsection J of

this section shall apply to these subsequently created trusts.

4. The Board of Trustees of the System may recognize other

trusts set up for the benefit of individuals otherwise eligible to

be named as a beneficiary or joint annuitant under subsection J of

this section by administrative rule if it can be done without undue

additional administrative expense of the System.

N. The governing board of any public school, as that term is

defined in Section 17-101 of this title, is hereby authorized and

empowered to pay additional retirement allowances or compensation to

any person who was in the employ of such public school for not less

than seven (7) school years preceding the date of the member’s

retirement. Payments so made shall be a proper charge against the

current appropriation or appropriations of any such public school

for salaries for the fiscal year in which such payments are made.

Such payments shall be made in regular monthly installments in such

amounts as the governing board of any such public school, in its

judgment, shall determine to be reasonable and appropriate in view

of the length and type of service rendered by any such person to

such public school by which such person was employed at the time of

retirement. All such additional payments shall be uniform, based

upon the length of service and the type of services performed, to

persons formerly employed by such public school who have retired or

been retired in accordance with the provisions of Section 17-101 et

seq. of this title.

The governing board of any such public school may adopt rules

and regulations of general application outlining the terms and

conditions under which such additional retirement benefits shall be

paid, and all decisions of such board shall be final.

O. In addition to the teachers’ retirement herein provided,

teachers may voluntarily avail themselves of the federal Social

Security program upon a district basis.

P. Upon the death of an in-service member, the System shall pay

to the designated beneficiary of the member or, if there is no

Oklahoma Statutes - Title 70. Schools Page 731

designated beneficiary or if the designated beneficiary predeceases

the member, to the estate of the member, the sum of Eighteen

Thousand Dollars ($18,000.00) as a death benefit. Provided, if the

deceased member had ten (10) years or more of creditable service,

the member’s designated beneficiary may elect to receive the

retirement benefit to which the deceased member would have been

entitled at the time of death under the Option 2 plan of retirement

in lieu of the death benefit provided for in this subsection.

Provided further, the option provided in this subsection is only

available when the member has designated one individual as the

designated beneficiary. The beneficiary or beneficiaries of death

benefits in the amount not to exceed Eighteen Thousand Dollars

($18,000.00), but exclusive of any retirement benefit received by an

electing beneficiary based upon creditable service performed by the

deceased member, which are provided pursuant to this subsection, may

elect to disclaim such death benefits in which case such benefits

will be transferred to a person licensed as a funeral director or to

a lawfully recognized business entity licensed as required by law to

provide funeral services for the deceased member. The qualified

disclaimer must be in writing and will be an irrevocable and an

unqualified refusal to accept all or a portion of the death benefit.

It must be received by the transferor no more than nine (9) months

after the later of the day the transfer creating the interest in the

disclaiming person is made or the day the disclaiming person attains

age twenty-one (21). The interest in the death benefits must pass

without direction by the disclaiming person to another person.

After paying death benefits to any beneficiary or the member’s

estate pursuant to this subsection, the System is discharged and

released from any and all liability, obligation, and costs. The

System is not required to inquire into the truth of any matter

specified in this subsection or into the payment of any estate tax

liability.

Q. Upon the death of a retired member who has contributed to

the System, the retirement system shall pay to the designated

beneficiary of the member or, if there is no designated beneficiary

or if the designated beneficiary predeceases the member, to the

estate of the member, the sum of Five Thousand Dollars ($5,000.00)

as a death benefit. The beneficiary or beneficiaries of benefits

provided pursuant to this subsection may elect to disclaim such

death benefits in which case such benefits will be transferred to a

person licensed as a funeral director or to a lawfully recognized

business entity licensed as required by law to provide funeral

services for the deceased member. The qualified disclaimer must be

in writing and will be an irrevocable and an unqualified refusal to

accept all or a portion of the death benefit. It must be received

by the transferor no more than nine (9) months after the later of

the day the transfer creating the interest in the disclaiming person

Oklahoma Statutes - Title 70. Schools Page 732

is made or the day the disclaiming person attains age twenty-one

(21). The interest in the death benefits must pass without

direction by the disclaiming person to another person. The benefit

payable pursuant to this subsection shall be deemed, for purposes of

federal income taxation, as life insurance proceeds and not as a

death benefit if the Internal Revenue Service approves this

provision pursuant to a private letter ruling request which shall be

submitted by the Board of Trustees of the System for that purpose.

After paying death benefits to any beneficiary or the member’s

estate pursuant to this subsection, the System is discharged and

released from any and all liability, obligation, and costs. The

System is not required to inquire into the truth of any matter

specified in this subsection or into the payment of any estate tax

liability.

R. Upon the death of a member who dies leaving no living

beneficiary or having designated the member’s estate as beneficiary,

or upon the death of any individual who may be entitled to a benefit

from the System, the System may pay any applicable death benefit,

unpaid contributions, or unpaid benefit which may be subject to

probate, in an amount of Twenty-five Thousand Dollars ($25,000.00)

or less, without the intervention of the probate court or probate

procedure pursuant to Section 1 et seq. of Title 58 of the Oklahoma

Statutes.

1. Before any applicable probate procedure may be waived, the

System must be in receipt of the decedent’s death certificate and

the following documents from those persons claiming to be the legal

heirs of the deceased member:

a. the decedent’s valid last will and testament, trust

documents or affidavit that a will does not exist,

b. an affidavit or affidavits of heirship which must

state:

(1) the names and signatures of all claiming heirs to

the decedent’s estate including the claiming

heirs’ names, relationship to the deceased,

current addresses, tax ID numbers if known and

current telephone numbers,

(2) a statement or statements by the claiming heirs

that no application or petition for the

appointment of a personal representative is

pending or has been granted in any jurisdiction,

(3) a description of the personal property claimed,

(i.e., death benefit or unpaid contributions or

both) together with a statement that such

personal property is subject to probate,

(4) a statement by each individual claiming heir

identifying the amount of personal property that

the heir is claiming from the System, and that

Oklahoma Statutes - Title 70. Schools Page 733

the heir has been notified of, is aware of and

consents to the identified claims of all the

other claiming heirs of the decedent pending with

the System, and

(5) a statement by each individual claiming heir

affirming that all debts of the decedent,

including payment of last sickness, hospital,

medical, death, funeral, and burial expenses have

been paid or provided for,

c. a written agreement or agreements signed by all

claiming heirs of the decedent which provide that the

claiming heirs release, discharge and hold harmless

the System from any and all liability, obligations and

costs which it may incur as a result of making a

payment to any of the decedent’s heirs, and

d. a corroborating affidavit from an individual other

than a claiming heir, who was familiar with the

affairs of the decedent.

2. The Executive Director of the System shall retain complete

discretion in determining which requests for probate waiver may be

granted or denied, for any reason. Should the System have any

question as to the validity of any document presented by the

claiming heirs, or as to any statement or assertion contained

therein, the probate requirement provided for in Section 1 et seq.

of Title 58 of the Oklahoma Statutes shall not be waived.

3. After paying any death benefits or unpaid contributions to

any claiming heirs as provided pursuant to this subsection, the

System is discharged and released from any and all liability,

obligation and costs to the same extent as if the System had dealt

with a personal representative of the decedent. The System is not

required to inquire into the truth of any matter specified in this

subsection or into the payment of any estate tax liability.

S. Upon the death of a retired member, the benefit payment for

the month in which the retired member died, if not previously paid,

shall be made to the joint annuitant if still living, to the

beneficiary of the member if the joint annuitant is deceased, or to

the member’s estate if there is no surviving joint annuitant or

beneficiary. Such benefit payment shall be made in an amount equal

to a full monthly benefit payment regardless of the day of the month

in which the retired member died. Upon the death of a joint

annuitant receiving monthly benefit payments as prescribed herein,

the benefit payment for the month in which the joint annuitant died,

if not previously paid, shall be made to the joint annuitant’s

estate in an amount equal to the full monthly benefit payment

regardless of the day of the month on which the joint annuitant

died.

Oklahoma Statutes - Title 70. Schools Page 734

T. The Board of Trustees may adopt such other rules and

regulations as are necessary to administer the benefits enumerated

herein.
Okla. Stat. tit. 70, § 70-692 — OK Code / Title 70 / Section 70-692
Mortgage tax turned into school fund
Status: in_force

The county treasurer shall, immediately upon the passage and

approval of this act, place to the credit of the common school fund

of the county for distribution as all other common school funds, all

the money now on hand derived from the real estate mortgage tax law

as provided in chapter 246 of the Session Laws of 1913; provided,

that all money hereafter collected as provided in chapter 246 of

Session Laws, 1913, shall immediately by placed to the credit of the

common school fund.