Okla. Stat. tit. 70, § 70-5-147 — OK Code / Title 70 / Section 70-5-147
Access to foods of minimal nutritional value -
Status: in_force

Incentives to encourage healthy food choices.

A. Each district board of education shall ensure that students

in elementary schools do not have access to foods of minimal

nutritional value except on special occasions.

B. Each district board of education shall ensure that students

in middle and junior high schools do not have access to foods of

minimal nutritional value except after school, at events which take

place in the evening, and on special occasions. The only exception

to the minimal nutritional value standard will be diet soda with

less than ten (10) calories per bottle or can.

C. Each district board of education shall ensure that students

in high schools are provided healthy food options in addition to any

foods of minimal nutritional value to which they may have access at

school. Each district shall provide incentives, such as lower

prices or other incentives, to encourage healthy food choices for

high school students.

D. For purposes of this section, “foods of minimal nutritional

value” means any foods so defined in 7 CFR 210.11 and listed in

Appendix B of the regulations for the National School Lunch Program.

E. The State Board of Education shall adopt rules to implement

the provisions of this section.
Okla. Stat. tit. 70, § 70-4204 — OK Code / Title 70 / Section 70-4204
Fees
Status: in_force

The Board of Education of a school district maintaining a Municipal

Junior College may establish a schedule of student fees which will

pay all or part of the costs of operation of the institution unless

the school district has funds available together with a

proportionate ratio of support from appropriations granted to

Institutions of Higher Education to provide proper accreditation

requirements.
Okla. Stat. tit. 70, § 70-1210.196.4 — OK Code / Title 70 / Section 70-1210.196.4
School nurse to administer management plan -
Status: in_force

Volunteer diabetes care assistant - Refusal to serve as assistant.

A. The school nurse at each school in which a student with

diabetes is enrolled shall assist the student with the management of

their diabetes care as provided for in the diabetes medical

management plan for the student.

B. If a school does not have a school nurse assigned to the

school, the principal shall make an effort to seek school employees

who may or may not be health care professionals to serve as

volunteer diabetes care assistants to assist the student with the

management of their diabetes care as provided for in the diabetes

medical management plan for the student.

C. Each school in which a student with diabetes is enrolled

shall make an effort to ensure that a school nurse or a volunteer

diabetes care assistant is available at the school to assist the

diabetic student when needed.

D. A school employee shall not be subject to any penalty or

disciplinary action for refusing to serve as a volunteer diabetes

care assistant.

E. A school district shall not restrict the assignment of a

student with diabetes to a particular school site based on the

presence of a school nurse, contract school employee, or a volunteer

diabetes care assistant.

F. Each school nurse and volunteer diabetes care assistant

shall at all times have access to a physician.

G. For students with continuous glucose monitoring with

electronic access to glucose numbers, a school nurse, diabetes care

assistant, or other school staff may download the necessary

electronic applications or software to a school electronic device or

their personal electronic device, in the absence of a school-

provided device, with written permission from the student's parent

or guardian.
Okla. Stat. tit. 70, § 70-3311.14 — OK Code / Title 70 / Section 70-3311.14
Attorney General - Personal firearms
Status: in_force

Upon completion of a handgun qualification course for court

officials developed by the Council on Law Enforcement Education and

Training, the Attorney General and any assistant attorney general

may carry a firearm on his or her person anywhere in this state for

personal protection only. The Council on Law Enforcement Education

and Training may provide for an identification card to be issued to

the Attorney General or assistant attorney general and may provide

application forms. If the person issued an identification card is

no longer eligible, that person shall immediately return the

identification card to the Council on Law Enforcement Education and

Training.
Okla. Stat. tit. 70, § 70-14-142.1 — OK Code / Title 70 / Section 70-14-142.1
Transfer of education assistance to dependents
Status: in_force

Oklahoma Statutes - Title 70. Schools Page 669

A. Subject to the provisions of this section, the Adjutant

General may permit a qualifying member described in Section 18 of

this act who is entitled to education assistance under this act to

elect to transfer to one or more of the dependents specified in

subsection C of this section a portion of such individual's

entitlement to such assistance, subject to the limitation under

subsection D of this section.

B. An individual referred to in subsection A of this section is

any member of the uniformed services who, at the time of the

approval of the individual's request to transfer entitlement to

educational assistance under this section, has completed at least:

1. Six (6) years of service in the Oklahoma National Guard and

enters into an agreement to serve at least four (4) more years as a

member of the uniformed services; or

2. The years of service as determined in regulations pursuant

to subsection J of this section.

C. Eligible dependents.

1. An individual approved to transfer an entitlement to

educational assistance under this section may transfer the

individual's entitlement to an eligible dependent or a combination

of eligible dependents.

2. For purposes of this subsection, the term "eligible

dependent" has the meaning given the term "dependent" under

subparagraphs A, D, and I of Section 1072(2) of Title 10 of the

United States Code.

D. Limitation of months of transfer.

The total number of months of entitlement transferred by an

individual under this section may not exceed thirty-six (36) months.

The Adjutant General may prescribe regulations that would limit the

months of entitlement that may be transferred under this section to

no less than eighteen (18) months.

E. Designation of transferee. An individual transferring an

entitlement to education assistance under this section shall:

1. Designate the dependent or dependents to whom such

entitlement is being transferred; and

2. Designate the number of months of such entitlement to be

transferred to such dependent.

F. Time for transfer; revocation and modification:

1. Subject to the time limitation for use of entitlement under

this act, and except as provided in subsection K or L of this

section, an individual approved to transfer entitlement to

educational assistance under this section may transfer such

entitlement only while serving as a member of the Oklahoma National

Guard when the transfer is executed.

2. An individual transferring entitlement under this section

may modify or revoke at any time the transfer of any unused portion

of the entitlement so transferred. The modification or revocation

Oklahoma Statutes - Title 70. Schools Page 670

of the transfer of entitlement under this subsection shall be made

by the submittal of written notice of the action to the Adjutant

General and Governor.

3. Entitlement transferred under this section may not be

treated as marital property, or the asset of a marital estate,

subject to division in a divorce or other civil proceeding.

G. A dependent to whom entitlement to educational assistance is

transferred under this section may not commence the use of the

transferred entitlement until:

1. In the case of entitlement transferred to a spouse, the

completion by the individual making the transfer of at least:

a. six (6) years of service in the National Guard, or

b. the years of service as determined in regulations

pursuant to subsection J of this section; or

2. In the case of entitlement transferred to a child, both:

a. the completion by the individual making the transfer

of at least:

(1) six (6) years of service in the National Guard,

or

(2) the years of service as determined in regulations

pursuant to subsection J of this section, or

b. either:

(1) the completion by the child of the requirements

of a secondary school diploma (or equivalency

certificate), or

(2) the attainment by the child of eighteen (18)

years of age.

H. Additional Administrative Matters.

1. The use of any entitlement to educational assistance

transferred under this section shall be charged against the

entitlement of the individual making the transfer at the rate of one

(1) month for each month of transferred entitlement that is used.

2. Except as provided under paragraph 2 of subsection E of this

section and subject to paragraphs 5 and 6 of this subsection:

a. in the case of entitlement transferred to a spouse

under this section, the spouse is entitled to

educational assistance under this chapter in the same

manner as the individual from whom the entitlement was

transferred as if the individual were not on active

duty,

b. in the case of entitlement transferred to a child

under this section, the child is entitled to

educational assistance under this act in the same

manner as the individual from whom the entitlement was

transferred as if the individual were not on active

duty.

Oklahoma Statutes - Title 70. Schools Page 671

3. The monthly rate of education assistance payable to a

dependent to whom entitlement referred to in paragraph 2 of this

subsection is transferred under this section shall be payable:

a. in the case of a spouse, at the same rate as such

entitlement would otherwise be payable under this act

to the individual making the transfer as if the

individual were not on active duty, and

b. in the case of a child, at the same rate as such

entitlement would otherwise be payable under this act

to the individual making the transfer as if the

individual were not on active duty.

4. Death of transferor: The death of an individual

transferring an entitlement under this section shall not affect the

use of the entitlement by the dependent to whom the entitlement is

transferred.

a. Death prior to transfer to designated transferees: In

the case of an eligible individual whom the Adjutant

General has approved to transfer the individual's

entitlement under this section who, at the time of

death, is entitled to educational assistance under

this act and has designated a transferee or

transferees under subsection E of this section but has

not transferred all of such entitlement to such

transferee or transferees, the Adjutant General shall

transfer the entitlement of the individual under this

section by evenly distributing the amount of such

entitlement between all such transferees who would not

be precluded from using some or all of the transferred

benefits due to the expiration of time limitations

found in paragraph 5 of this subsection

notwithstanding the limitations under subsection F of

this section.

b. If a transferee cannot use all of the transferred

benefits under subparagraph a of this subsection

because of expiration of a time limitation, the unused

benefits will be distributed among the other

designated transferees who would not be precluded from

using some or all of the transferred benefits due to

expiration of time limitations found in paragraph 5 of

this subsection, unless or until there are no

transferees who would not be precluded from using the

transferred benefits because of expiration of a time

limitation.

5. Limitation on age of use by child transferees.

a. In general. A child to whom entitlement is

transferred under this section may use the benefits

transferred without regard to the fifteen-year

Oklahoma Statutes - Title 70. Schools Page 672

delimiting date specified in this act, but may not,

except as provided in subparagraph b or c of this

paragraph, use any benefits so transferred after

attaining the age of twenty-six (26) years.

b. Primary caregivers of seriously injured members of the

armed forces and veterans.

(1) In general. Subject to division (2) of this

subparagraph, in the case of a child who, before

attaining the age of twenty-six (26) years, is

prevented from pursuing a chosen program of

education by reason of acting as the primary

provider of personal care services for a veteran

or member of the Oklahoma National Guard, the

child may use the benefits beginning on the date

specified in division (3) of this subparagraph

for a period whose length is specified in

division (4) of this subparagraph.

(2) Inapplicability for revocation.

Division (1) of this subparagraph shall not apply with

respect to the period of an individual as a primary

provider of personal care services if the period concludes

with the revocation of the individual's designation as such

a primary provider.

(3) Date for commencement of use. The date specified

in this division for the beginning of the use of

benefits by a child under division (1) of this

subparagraph is the later of:

(a) the date on which the child ceases acting as

the primary provider of personal care

services for the veteran or member concerned

as described in division (1) of this

subparagraph,

(b) the date on which it is reasonably feasible,

as determined under regulations prescribed

by the Adjutant General, for the child to

initiate or resume the use of benefits, or

(c) the date on which the child attains the age

of twenty-six (26) years.

6. Length of use. The length of the period specified in this

paragraph for the use of benefits by a child under division (1) of

subparagraph b of paragraph 5 of this section is the length equal to

the length of the period that:

a. begins on the date on which the child begins acting as

the primary provider of personal care services for the

veteran or member concerned as described in division

(1) of subparagraph b of paragraph 5 of this section,

and

Oklahoma Statutes - Title 70. Schools Page 673

b. ends on the later of:

(1) the date on which the child ceases acting as the

primary provider of personal care services for

the veteran or member as described in division

(1) of subparagraph b of paragraph 5 of this

section, or

(2) the date on which it is reasonably feasible, as

so determined, for the child to initiate or

resume the use of benefits; or

c. in any case in which the Adjutant General determines

that an individual to whom entitlement is transferred

under this section has been prevented from pursuing

the individual's chosen program of education before

the individual attains the age of twenty-six (26)

years because the educational institution or training

established closed (temporarily or permanently) under

an established policy based on an executive order of

the Governor or due to an emergency situation, the

Adjutant General shall extend the period during which

the individual may use such entitlement for a period

equal to the number of months that the individual was

so prevented from pursuing the program of education,

as determined by the Adjutant General.

7. The purposes for which a dependent to whom entitlement is

transferred under this section may use such entitlement shall

include the pursuit and completion of the requirements of a

secondary school diploma (or equivalency certificate).

8. The administrative provisions of this act shall apply to the

use of entitlement transferred under this section, except that the

dependent to whom the entitlement is transferred shall be treated as

the eligible individual for purposes of such provisions.

I. Overpayment.

1. Subject to paragraph 2 of this subsection, in the event of

an overpayment of educational assistance with respect to a dependent

to whom entitlement is transferred under this section, the dependent

and the individual making the transfer shall be jointly and

severally liable to the State of Oklahoma for the amount of the

overpayment.

2. Failure to complete service agreement.

a. Except as provided in subparagraph b of this

paragraph, if an individual transferring entitlement

under this section fails to complete the service

agreed to by the individual under division (1) of

subsection b of this paragraph in accordance with the

terms of the agreement of the individual under that

subsection, the amount of any transferred entitlement

under this section that is used by a dependent of the

Oklahoma Statutes - Title 70. Schools Page 674

individual as of the date of such failure shall be

treated as an overpayment of educational assistance

for which the individual shall be solely liable to the

State of Oklahoma for the amount of the overpayment

for purposes of this act in the case of an individual

who fails to complete service agreed to by the

individual:

(1) by reason of death of the individual, or

(2) for a reason referred to in this act.

J. Regulations.

1. The Adjutant General shall prescribe regulations for

purposes of this section.

2. Such regulations shall specify:

a. the manner of authorizing the transfer of entitlements

under this section,

b. the eligibility criteria in accordance with subsection

B of this section, and

c. the manner and effect of an election to modify or

revoke a transfer of entitlement under paragraph 2 of

subsection F of this section.

3. The Adjutant General may not prescribe any regulation that

would provide for a limitation on eligibility to transfer unused

education benefits to family members based on a maximum number of

years in the Oklahoma National Guard.

K. In the case of a dependent to whom entitlement to

educational assistance is transferred under this section who dies

before using all of such entitlement, the individual who transferred

the entitlement to the dependent may transfer any remaining

entitlement to a different eligible dependent, notwithstanding

whether the individual is serving as a member of the Armed Forces

when such transfer is executed.

L. In the case of an individual who transfers entitlement to

educational assistance under this section who dies before the

dependent to whom entitlement to educational assistance is so

transferred has used all of such entitlement, such dependent may

transfer such entitlement to another eligible dependent in

accordance with the provisions of this section.
Okla. Stat. tit. 70, § 70-6-106.3 — OK Code / Title 70 / Section 70-6-106.3
Support employee schedule of payments
Status: in_force

A school district board of education, including a technology

center school district board of education, may contract with and

pay all support employees, as defined in Section 6-101.40 of Title

70 of the Oklahoma Statutes, monthly, semimonthly or biweekly over

ten (10), eleven (11) or twelve (12) calendar months or in twelve

monthly payments which may be for calendar months or fractional

parts thereof in the same manner as provided for the payment of

teachers in Section 6-106 of Title 70 of the Oklahoma Statutes.
Okla. Stat. tit. 70, § 70-1210.279 — OK Code / Title 70 / Section 70-1210.279
Rules and regulations - Dissemination of educational
Status: in_force

materials - Provision of training.

The State Board of Education is hereby authorized to promulgate

rules as may be necessary to carry out the provisions of this act.

The State Board of Education shall promulgate rules for the staffing

and operation of the service centers, including safeguards to assure

the uniform application and availability of all services of the

service centers to all students within the area served by the

service centers. The rules shall further provide for the

withholding of funds by the State Board of Education from any of the

service centers to assure compliance with the rules. The State

Board of Education shall promulgate uniform rules for the testing of

students.

The State Board of Education, regional service center or local

school district shall furnish curriculum materials for local school

districts for use by the students participating in the programs.

All such materials shall be delivered to the local school district

by the service centers and shall remain in the local school district

as long as prescribed by the regional service center.

Oklahoma Statutes - Title 70. Schools Page 1203

The regional education service centers shall acquire and

disseminate significant information, materials and equipment in

accordance with the IDEA.

The service centers shall provide and assist in coordinating for

the provision of workshops, short courses, and training within the

respective regions and in cooperation with local schools,

professional developments centers, organizations, public agencies,

and institutions of higher education in accordance with the

comprehensive system of personnel development requirements under the

IDEA.

The State Board of Education may establish and operate Service

Centers by contract with any independent school district in the

state.
Okla. Stat. tit. 70, § 70-3217 — OK Code / Title 70 / Section 70-3217
Supportive medicine educational program
Status: in_force

The Oklahoma State Regents for Higher Education are hereby

authorized to establish educational programs of study of less than

four (4) years in supportive medicine at East Central State

University and Cameron University.
Okla. Stat. tit. 70, § 70-2603v2 — OK Code / Title 70 / Section 70-2603v2
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

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 an

equivalent score on the SAT or CLT as determined by

the Oklahoma State Regents for Higher Education, or

c. have satisfactorily completed within the previous

three (3) years an educational program that was

Oklahoma Statutes - Title 70. Schools Page 1386

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 or an equivalent score on

the SAT or CLT as determined by the Oklahoma State

Regents for Higher Education;

5. Have completed the curricular requirements for admission to

an institution within The Oklahoma State System of Higher Education

and one additional unit or set of competencies in a course that

meets college admission requirements, or have completed the core

curriculum and be seeking admission to a technology center school

overseen by the State Board of Career and Technology Education. The

curriculum requirements for admission to an institution within The

Oklahoma State System of Higher Education shall include two units or

sets of competencies in foreign or non-English language or

technology courses that meet the college admission requirements and

one unit or set of competencies of a fine arts course. 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

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

Oklahoma Statutes - Title 70. Schools Page 1387

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, or

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.

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

Oklahoma Statutes - Title 70. Schools Page 1388

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

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

Oklahoma Statutes - Title 70. Schools Page 1389

award eligibility based upon the completion of seven semesters of

high school coursework by a student.
Okla. Stat. tit. 70, § 70-9-115 — OK Code / Title 70 / Section 70-9-115
Care of equipment
Status: in_force

Any school district leasing any such pupil-transportation

equipment from the State Board of Education shall at its own cost

and expense procure such equipment from the State Board of

Education, keep such equipment, including all tires, tubes and

accessories thereon and therewith, in good repair during the time

the same shall be in its possession, and, at the expiration of the

term of such lease, unless such equipment be purchased or again

leased by such district, return such equipment to the State Board of

Education in as good condition as when received, ordinary wear and

tear alone excepted. Any tire or tube needing to be replaced while

such equipment is in the possession of a school district shall be

replaced by, and at the expense of, such district.
Okla. Stat. tit. 70, § 70-5-117 — OK Code / Title 70 / Section 70-5-117
Powers and duties
Status: in_force

A. The board of education of each school district shall have

power to:

1. Elect its own officers; provided that the chair of the board

authorized in Section 5-107B of this title shall be elected by the

electors of the school district;

2. Make rules, not inconsistent with the law or rules of the

State Board of Education, governing the board and the school system

of the district, including converting all or part of a traditional

public school to a conversion school;

3. Maintain and operate a complete public school system of such

character as the board of education shall deem best suited to the

needs of the school district;

4. Designate the schools to be attended by the children of the

district;

5. Provide and operate, when deemed advisable, cafeterias or

other eating accommodations, thrift banks or other facilities for

the teaching and practice of thrift and economy, bookstores, print

shops, and vocational and other shops;

6. Provide informational material concerning school bond

elections and millage elections, including but not limited to all

Oklahoma Statutes - Title 70. Schools Page 263

pertinent financial information relative to the bond issue, a

statement of revenue sources necessary to retire proposed bonds, a

statement of current bonded indebtedness of the school district, and

a statement of proposed use of funds to be generated by the proposed

bond issue. The informational material shall not contain the words

“vote yes” or “vote no” or any similar words or statement any place

on such informational material;

7. Purchase, construct or rent, and operate and maintain,

classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation

places and playgrounds, teacherages, school bus garages,

laboratories, administration buildings, and other schoolhouses and

school buildings, and acquire sites and equipment for the operation

of public schools or conversion schools;

8. a. Insure the school district or its employees against

any loss, damage or liability as defined by Sections

702 through 708 of Title 36 of the Oklahoma Statutes,

or other forms of insurance provided for in Title 36

of the Oklahoma Statutes.

b. Subject to the restrictions of liability in the

Governmental Tort Claims Act:

(1) insure the school district against all or any

part of any liability it may incur for death,

injury or disability of any person, or for damage

to property, either real or personal,

(2) insure any employee of the school district

against all or any part of the employee’s

liability for injury or damage resulting from an

act or omission in the scope of employment, or

(3) insure against the expense of defending a claim

against the school district or its employee,

whether or not liability exists on such claim.

c. As used in this subsection, “employee” means any

person who has acted in behalf of a school district,

whether that person is acting on a permanent or

temporary basis with or without being compensated or

on a full-time or part-time basis. Employee also

includes all elected or appointed officers, members of

governing bodies of a school district, and persons

appointed, and other persons designated by a school

district to act in its behalf.

d. The cost or premium of any such insurance is a proper

expenditure of the school district.

e. Any insurance authorized by law to be purchased,

obtained or provided by a school district may be

provided by:

(1) self-insurance, which may be, but is not required

to be, funded by appropriations to establish or

Oklahoma Statutes - Title 70. Schools Page 264

maintain reserves for self-insurance purposes.

Any self-insurance reserve fund shall be

nonfiscal and shall not be considered in

computing any levy when the school district makes

its annual estimate for needed appropriations,

(2) insurance in any insurer authorized to transact

insurance in this state,

(3) insurance secured in accordance with any other

method provided by law, or

(4) any combination of insurance authorized by this

section.

f. Two or more school districts or public agencies, by

interlocal agreement made pursuant to the Interlocal

Cooperation Act, may provide insurance for any purpose

by any one or more of the methods specified in this

section. The pooling of self-insured reserves, claims

or losses among governments as authorized in this

section shall not be construed to be transacting

insurance nor otherwise subject to the provisions of

the laws of this state regulating insurance or

insurance companies, except as to the provisions of

Section 607.1 of Title 36 of the Oklahoma Statutes.

Two or more school districts may also be insured under

a master policy or contract of insurance. Premium

costs may be set individually for each school district

or apportioned among participating school districts as

provided by the master policy or contract;

9. Acquire property by condemnation proceedings in the same

manner as land is condemned for railroad purposes. School district

funds may be used to erect buildings on leased land on which other

buildings have been erected prior to April 3, 1969, or on land which

is leased from a governmental entity;

10. Lease real or personal property to the state or any

political subdivision thereof or a not-for-profit entity operating

pursuant to Section 868 of Title 18 of the Oklahoma Statutes for

nominal cash consideration for so long as the use of the property by

the lessee substantially benefits, in whole or in part, the same

public served by the school district;

11. a. Dispose of personal or real property no longer needed

by the district by sale, exchange, lease, lease-

purchase, sale and partial lease back, or otherwise.

Real property shall be conveyed pursuant to a public

sale, public bid, or private sale; provided however,

unless otherwise prohibited by law, the board of

education of a consolidated or annexed school district

or any other school district may convey real property

to a local political subdivision or to an educational

Oklahoma Statutes - Title 70. Schools Page 265

institution within The Oklahoma State System of Higher

Education or to a housing authority formed pursuant to

the provisions of Section 1057 of Title 63 of the

Oklahoma Statutes without consideration. Prior to the

sale of any real property, the board of education

shall have the real property appraised. The appraisal

shall be confidential until the real property is sold.

When the real property is sold, the board of education

shall make the appraisal available for public

inspection. Prior to the conveyance of any real

property by private sale, the board of education shall

have offered the real property for sale by public sale

or public bid. Any conveyance of real property by

private sale to a nonprofit organization, association,

or corporation to be used for public purposes, unless

for exchange, shall contain a reversionary clause

which returns the real property to the board of

education upon the cessation of the use without profit

or for public purposes by the purchaser or the assigns

of the purchaser,

b. If a board of education makes the decision to dispose

of real or personal property that is leased at the

time the decision is made, whether such disposal is by

public sale, public bid or private sale, the lessee

shall have a right of first refusal to purchase the

property on the following terms and conditions:

(1) if a board of education receives a bid or offer

in a public sale, public bid or private sale for

any real or personal property that it desires to

accept, then it shall provide notice to the

lessee of the property. The notice shall include

the identity of the prospective purchaser of the

property, the terms and conditions of the

proposed sale and the purchase price to be paid

by the prospective purchaser, and

(2) the lessee shall have thirty (30) days after

receipt of the notice to inform the board of

education that it elects to purchase the property

on the same terms and conditions set forth in the

notice, in which event the board of education

shall convey the property to the lessee on all

the same terms and conditions set forth in the

notice; provided, however, that if any portion of

the consideration included in the purchase price

set forth in the notice is not in cash, then the

lessee shall be entitled to pay the fair market

value in cash of such noncash consideration;

Oklahoma Statutes - Title 70. Schools Page 266

12. Purchase necessary property, equipment, furniture and

supplies necessary to maintain and operate an adequate school

system;

13. Incur all expenses, within the limitations provided for by

law, necessary to perform all powers granted by the provisions of

this section;

14. Contract with and fix the duties and compensation of

physicians, dentists, optometrists, nurses, attorneys,

superintendents, principals, teachers, bus drivers, janitors and

other necessary employees of the district;

15. Establish a written policy for reimbursement of necessary

travel expenses of employees and members of the board. The policy

may include in-district travel from the site of employment

assignment which is necessary in the performance of employment

duties. The written policy shall specify procedures, contain

documentation requirements, and may include payment of meal expenses

during authorized travel on a per diem allowance basis rather than

itemized documentation;

16. Pay necessary travel expenses and other related expenses of

prospective employees for sponsored visits to the school district

pursuant to a written policy specifying procedures containing

documentation requirements equal to or greater than the requirements

specified by law for state employees in the State Travel

Reimbursement Act;

17. Provide for employees’ leaves of absence without pay;

18. Exercise sole control over all the schools and property of

the district, subject to other provisions of the Oklahoma School

Code;

19. Allow district-owned school buses to be used for

transportation of students from other districts or educational

institutions while within the district on educational tours. This

shall not restrict the authority of the board to authorize any other

use of such buses which may now be permitted by law or rule of the

State Board of Education;

20. Enter into contractual agreements with the board of

trustees of a multicounty library system, as defined in Section 4-

103 of Title 65 of the Oklahoma Statutes, a city-county library

commission, as defined in Section 152 of Title 65 of the Oklahoma

Statutes, or a rural single county library system, as defined in

Section 1-104 of Title 65 of the Oklahoma Statutes, on such terms as

may be mutually agreed, except no district board of education may

enter into any agreement under which the library services for the

school would be provided at any site other than the school site or

which would result in library services that do not meet

accreditation standards as required by law or rule;

21. Perform all functions necessary to the administration of a

school district in Oklahoma as specified in the Oklahoma School

Oklahoma Statutes - Title 70. Schools Page 267

Code, and in addition thereto, those powers necessarily implied but

not delegated by law to any other agency or official;

22. Prepare and distribute at the expense of the school

district any and all material which has the purpose of informing the

public about district activities;

23. Solicit and accept any gift, grant, or donation of money or

property for the use of the school district. Any gift, grant, or

donation of money may be deposited in the general fund or building

fund of the school district; and

24. Pay necessary meal and lodging expenses of school district

students and sponsors involved in authorized school-sponsored

cocurricular activities. The board of education shall establish a

written policy for reimbursement of necessary meal and lodging

expenses of school district students and sponsors. The written

policy shall specify procedures, contain documentation requirements,

and designate the funds from which reimbursement may be made.

Reimbursement may be made from the General Fund.

B. The board of education of any school district may rent real

and personal property, if such items are necessary for the operation

of the school, and pay the rental charges for the usage during any

fiscal year, or portion thereof, out of appropriations made and

approved for current expense purposes during the fiscal year. Any

rental contract extending beyond June 30 of the fiscal year shall be

void unless it contains provisions for mutual ratification of

renewal pursuant to the conditions provided for in this subsection.

It is the intent of this subsection to authorize boards of education

to enter into lease contracts but not to incur any obligation

against the school district in excess of the income and revenue

provided for such purposes for the fiscal year in which the lease

contract is operative. Any lease or lease-purchase agreement

entered into by any board of education shall state the purchase

price of real or personal property so leased. The lease or lease-

purchase shall not be extended so as to cause payment of more than

the original purchase price of the real or personal property, plus

interest not to exceed the legal rate. When the purchase price plus

interest has been paid, the property shall belong to the lessee and

the lessor shall deliver a deed or bill of sale to the property to

the lessee. When any real or personal property has been leased or

rented during any fiscal year pursuant to the provisions of any

contract which permits continuance of the rental for the remainder

of the fiscal year, the renting or leasing of the property shall be

continued for the remainder of the fiscal year unless the board of

education renting or leasing the same certifies by proper resolution

entered in the minutes of the board of education that the

continuance of the rental is unnecessary and contrary to the public

interest. Any lease-purchase agreement entered into shall include

the right of a school district to acquire buildings, equipment or

Oklahoma Statutes - Title 70. Schools Page 268

other facilities or discrete components thereof or improve school

sites through a lease-purchase agreement. A school district may use

proceeds derived from the sale of bonds as authorized by Section 26

of Article X of the Oklahoma Constitution to make lease-purchase

payments, including interest, under a lease-purchase agreement. For

purposes of this subsection, the term “acquired” as used in Section

26 of Article X of the Oklahoma Constitution shall mean the

possession, control, or power to dispose of personal or real

property.

C. The boards of education of two or more school districts may

enter into cooperative agreements and maintain joint programs

including, but not limited to, courses of instruction for

handicapped children, courses of instruction in music and other

subjects, practical instruction for trades and vocations, practical

instruction in driver training courses, and health programs

including visual care by persons legally licensed for such purpose,

without favoritism as to either profession. The revenues necessary

to operate a joint program approved in cooperative agreements,

whether from federal, state or local sources, including the

individual contributions of participating school districts, shall be

deposited into a fund separate from all other appropriated funds.

The beginning fund balance each year, combined with all actual

revenues, including collected and estimated revenues, must be

appropriated before being expended. Purchase orders shall be issued

against available appropriations and, once goods or services have

been received, either payable or nonpayable warrants shall be issued

in payment of all purchase orders. The fund shall be reported as a

separate appropriated fund in all the financial reports of the

school district which is chosen by the other school districts to

keep the accounting records of the joint program.

D. The boards of education of two or more school districts may

enter into a mutual contract or separate contracts with a

superintendent, administrator, or teacher or with a person to

provide support services, to serve as superintendent, administrator,

or teacher, as appropriately qualified, or to provide support

services, for each contracting district upon such terms and

conditions as the parties may agree. Nothing in this section shall

be construed to authorize or require annexation or consolidation of

any school districts or the closing of any school site except

pursuant to law as set forth in Section 7-101 et seq. of this title.

E. Any school district may operate or maintain a school or

schools on any military reservation which is within the boundaries

of the school district or which is adjacent to the school district,

and provide the instruction in the school or schools to children of

personnel on the military reservation and, in doing so, shall

conform to all federal laws and requirements.

Oklahoma Statutes - Title 70. Schools Page 269

F. The board of education of each school district shall adopt

and maintain on file in the office of the superintendent of schools

appropriate personnel policy and sick leave guide. The guide shall

be made available to the public.

G. The board of education of any school district with an

average daily membership of thirty thousand (30,000) or more and all

or part of which school district is located in a county having more

than five hundred thousand (500,000) population according to the

latest Federal Decennial Census may contract with a public or

private nonsectarian entity for that entity to provide educational

and administrative services for the school district. The

educational services provided by a contracting entity may include

but are not limited to the delivery of instructional service in core

and noncore academic subjects to the students enrolled in the school

district at one or more school sites or parts of sites within the

district pursuant to the terms of an educational services contract.

All educational service providers and their employees and

representatives and all educational and administrative services

provided under an educational services contract shall be exempt from

all statutes and rules relating to schools, boards of education and

school districts to the same extent that a charter school is exempt

under the Oklahoma Charter Schools Act. For all purposes including

but not limited to attendance, funding from all sources and

accountability, all students who are provided services by a

contracting entity pursuant to an educational services contract

shall at all times be and remain students of the school district.
Okla. Stat. tit. 70, § 70-23-125 — OK Code / Title 70 / Section 70-23-125
Public Employees Retirement System - Membership in
Status: in_force

Oklahoma Statutes - Title 70. Schools Page 911

The Oklahoma Educational Television Authority employees shall be

enrolled in the Oklahoma Public Employees Retirement System with

full benefits and rights.
Okla. Stat. tit. 70, § 70-6-105 — OK Code / Title 70 / Section 70-6-105
Payment - Duration of employment - Leave of absence for
Status: in_force

military service - Contracts for training and employment of

substitutes.

A. If, because of sickness or other reason, a teacher is

temporarily unable to perform regular duties, a substitute teacher

may be employed for the position for the time of the absence. A

substitute teacher shall be paid in an amount and under such terms

as may be agreed upon in advance by the substitute teacher and the

board of education or according to regulations of the board. If a

teacher is absent for reason of personal business the school

district shall deduct from the salary of the teacher only the amount

necessary to pay the substitute.

B. No substitute teacher shall be employed for a total period

of time in excess of one hundred thirty-five (135) school days

during a school year; or one hundred forty-five (145) school days

during the school year if the substitute teacher holds a lapsed or

expired certificate or has a bachelors level college degree; or no

limit of school days during the school year if the substitute

teacher holds a valid certificate. Each school district shall adopt

Oklahoma Statutes - Title 70. Schools Page 379

a policy which sets forth the maximum number of days a substitute

teacher may be employed for the same assignment if the substitute

teacher does not hold a valid certificate.

C. Substitute teachers who do not hold a valid certificate and

who are employed to teach special education for students with

physical disabilities or students with intellectual disabilities

shall not be subject to the restrictions on total time a substitute

teacher may be employed if no certified teachers are available to

teach such students and the students would be denied instruction in

special education if the substitute teacher were not employed.

Beginning with the 2007-08 school year, any substitute teacher

employed to teach special education for the same assignment for more

than fifteen (15) consecutive or thirty (30) total school days

during a school year who does not hold a valid certificate to teach

special education shall be required to complete in-service training

as prescribed by the State Board of Education. The training shall

be provided at no cost to the substitute teacher. Availability of

certified teachers shall be determined after the school has

consulted the State Board of Education and any other resources for

filling the vacant position with a certified teacher.

D. A school district may request a waiver of the restrictions

on total time a substitute teacher may be employed from the State

Board of Education for a substitute teacher who does not hold a

valid certificate. The school district shall submit evidence on the

availability of certified substitute teachers and the qualifications

of the substitute teacher. The Board shall develop procedures for

the filing and processing of substitute teacher waivers pursuant to

this subsection.

E. Payment of salary to a substitute shall have no effect on

the amount of salary to which the absent regular teacher is entitled

under the applicable leave plan.

F. Any substitute or cadet teacher employed in any school

system on a monthly or annual basis shall hold a certificate and

have a written contract in the manner and under the same conditions

as for regular teachers.

G. Teachers who are members of the Reserve Forces of the Army,

the Navy, the Marine Corps, the Coast Guard, the Air Force, or any

other component of the Armed Forces of the United States, including

members of the Air or Army National Guard, shall, when ordered by

the proper authority to active duty or service, be entitled to a

leave of absence from such civil employment for the period of such

active service without loss of status or efficiency rating and

without loss of pay during the first thirty (30) days of such leave

of absence.

H. School districts in this state may contract with outside

providers for the training and employment of substitute teachers.

The State Board of Education shall promulgate guidelines to assist

Oklahoma Statutes - Title 70. Schools Page 380

school districts in the sanctioning and approval of an outside

provider in accordance with this section.
Okla. Stat. tit. 70, § 70-24-159 — OK Code / Title 70 / Section 70-24-159
Protocol for mental health crises
Status: in_force

A. Each public school district shall maintain a protocol for

responding to students in mental health crisis with the goal of

preventing student suicide, self-harm, and harm to others.

1. The protocol shall be developed, maintained, and implemented

in partnership with one or more local mental health treatment

providers certified by the Department of Mental Health and Substance

Abuse Services. At least one provider partner shall have:

a. the ability to serve all school-aged children

regardless of insurance status, and

b. the ability and certification to provide mental health

crisis services in the region where students attend

school.

2. Any organization certified by the state as a community

mental health center as defined in Section 3-302 of Title 43A of the

Oklahoma Statutes or a Certified Community Behavioral Health Clinic

Oklahoma Statutes - Title 70. Schools Page 954

shall serve as a school partner if requested by a school district

located in its state-designated service area.

B. The protocol for responding to mental health crises shall,

at a minimum:

1. Provide a definition of mental health crisis involving

potential for harm to self or others;

2. Document how mental health crises may be identified by

school administrators, teachers, support employees, and school-based

mental health professionals;

3. Outline nonpunitive steps to safeguard student health and

safety in response to an immediate or potential mental health

crisis;

4. Identify local treatment providers and resources available

to support students and families in mental health crisis and ensure

appropriate referrals to treatment;

5. Outline a process for ensuring parent and caregiver

notification and involvement during an actual or potential mental

health crisis; and

6. Document how student privacy will be protected in compliance

with applicable state and federal laws.

C. If a student who is under eighteen (18) years of age is

identified as being in or at risk of a mental health crisis, the

school shall inform the parent or legal guardian of the student and

offer the treatment referral information contained in the protocol.

Parent or legal guardian consent shall be required for any

subsequent action taken by the school as part of the protocol except

in cases of immediate and life-threatening danger to self or others.

D. All protocols developed by school districts and partner

organizations shall comply with the Health Insurance Portability and

Accountability Act (HIPAA) of 1996 and Family Educational Rights and

Privacy Act (FERPA) privacy requirements.

E. School administrators, teachers, support employees, and

school-based mental health providers shall be provided ready access

to and regular training on the protocol.

F. A working agreement shall be signed by the school district

board of education and each identified mental health provider

partner outlining all obligations of the parties under the

established protocol and a strategy for regularly reviewing its

effectiveness using anonymous, nonidentifiable data.

G. Not less than every two (2) years, the school district and

its mental health provider partners shall jointly review the

protocol and working agreements and consider any updates necessary

to better meet the needs of students. School districts and mental

health provider partners shall include in their review process

information gathered from the Oklahoma Prevention Needs Assessment

Survey or an alternative survey, as provided for in Section 24-158

of Title 70 of the Oklahoma Statutes.

Oklahoma Statutes - Title 70. Schools Page 955

H. Each school district shall submit the latest protocol and

working agreements to the State Department of Education, which shall

share the protocols and agreements with the Department of Mental

Health and Substance Abuse Services. These agencies may require

revisions to ensure compliance with applicable laws, regulations,

and established evidence-based practices.

I. The Department of Mental Health and Substance Abuse Services

and the State Department of Education shall provide technical

assistance to school districts and their provider partners by:

1. Making available an optional template protocol which

satisfies the provisions of this section;

2. Making available an optional template working agreement

which can be adopted by schools and provider partners;

3. Providing school districts with lists of local public and

private treatment providers eligible to serve as partners in the

development and maintenance of a protocol;

4. Providing information on any available mental health crisis

phone line;

5. Making available information on evidence-based practices for

meeting the mental health needs of students; and

6. Providing ongoing assistance and consultation as requested

by a school district.

J. The Board of Mental Health and Substance Abuse Services and

the State Board of Education may promulgate rules as necessary to

ensure compliance with this section.

K. Nothing in this section shall be construed to create,

establish, expand, reduce, contract, or eliminate any civil

liability on the part of any school or school employee.
Okla. Stat. tit. 70, § 70-1-112 — OK Code / Title 70 / Section 70-1-112
School taught on Saturday
Status: in_force

School taught on Saturday shall not be counted for attendance

purposes in meeting the school year requirements as set forth in

Section 1-109 of this title. School taught on Saturday may be

substituted for regular school days during which school has been or

will be closed upon approval of the State Board of Education.
Okla. Stat. tit. 70, § 70-3-129.2 — OK Code / Title 70 / Section 70-3-129.2
Definitions
Status: in_force

Oklahoma Statutes - Title 70. Schools Page 172

As used in the Empowered Schools and School Districts Act:

1. “Empowered school” means a school in which a school district

board of education implements an empowerment plan pursuant to

Section 3 of this act;

2. “Empowered school zone” means a group of schools of a school

district that share common interests, such as geographical location

or educational focus, or that sequentially serve classes of students

as they progress through elementary and secondary education and in

which a school district board of education implements an empowerment

plan pursuant to Section 3 of this act;

3. “Empowered district” means a school district in which all

schools of a school district are included in an empowerment plan

implemented by the school district board of education pursuant to

Section 3 of this act; and

4. “State Board” means the State Board of Education.
Okla. Stat. tit. 70, § 70-12-107 — OK Code / Title 70 / Section 70-12-107
Board of education - Purchase or rent projectors and
Status: in_force

supplies.

Pursuant to an estimate duly made and approved for such purpose

the board of education of any school district, or any two or more

school districts in cooperation with each other, may purchase or

rent moving picture projectors, either silent or sound; purchase

attachments, film splicers or film repair equipment of all types,

cable, wire or any and all equipment and materials deemed necessary

by said board of education or boards of education for the successful

operation and conduct of a visual education program in the schools

of such district or districts.
Okla. Stat. tit. 70, § 70-3-153 — OK Code / Title 70 / Section 70-3-153
Reporting of plans to State Board - Exemptions
Status: in_force

A. School districts with one or more school sites that have

been identified as in need of improvement by the State Board of

Education pursuant to the requirements of the No Child Left Behind

Act of 2001, P.L. No. 107-110, shall be required to electronically

submit the following plans to the State Board of Education:

1. The school improvement plan as required in Section 5-117.4

of this title; and

2. The capital improvement plan as required in Section 18-153

of this title.

B. School districts that do not have any school sites which

have been identified as in need of improvement by the State Board of

Education, pursuant to the requirements of the No Child Left Behind

Act of 2001, P.L. No. 107-110, shall not be required to submit the

plans as set forth in subsection A of this section.
Okla. Stat. tit. 70, § 70-1-118.1 — OK Code / Title 70 / Section 70-1-118.1
Building fund – Technology center school districts
Status: in_force

The building fund of any technology center school district shall

consist of all monies derived from the proceeds of a building fund

levy not to exceed five (5) mills in any year, voted by the people

of a school district pursuant to the provisions of Section 10 of

Article X of the Oklahoma Constitution, monies appropriated by the

state for the purpose of capital expenditures or projects, and

monies donated to a school district for the purpose of capital

projects or improvements and may be used for purchasing, providing,

erecting, remodeling, repairing or maintaining any of the following:

school buildings, furniture, computer systems and equipment,

software for instructional and noninstructional purposes, energy and

utility costs, telecommunications utilities and services, fire and

casualty insurance premiums for school facilities, security, student

transportation, grounds maintenance including parking lots and

sidewalks, instructional and maintenance equipment, or for one or

more, or all, of these purposes. Proceeds of the levies shall not

be required to be used during the year for which a levy is made but

may accumulate from year to year until adequate for the purposes

intended. The building fund defined in this section is hereby

declared to be a current expense fund, but shall not be considered a

part of the general operating fund. No monies derived from the

proceeds of the school levies made pursuant to the provisions of

Section 9B of Article X of the Oklahoma Constitution may be placed

in the building fund provided by this section.
Okla. Stat. tit. 70, § 70-3-145.8v1 — OK Code / Title 70 / Section 70-3-145.8v1
Records of attendance – Orientation - Truancy
Status: in_force

A. It shall be the duty of each virtual charter school approved

and sponsored by the Statewide Charter School Board to keep a full

and complete record of the attendance of all students enrolled in

the virtual charter school in one of the student information systems

approved by the State Department of Education and locally selected

by the virtual school from the approved list.

B. By July 1, 2020, the governing board of each virtual charter

school shall adopt an attendance policy. The policy may allow

attendance to be a proportional amount of the required attendance

policy provisions based upon the date of enrollment of the student.

The attendance policy shall include the following provisions:

1. The first date of attendance and membership shall be the

first date the student completes an instructional activity.

2. A student who attends a virtual charter school shall be

considered in attendance for a quarter if the student:

a. completes instructional activities on no less than

ninety percent (90%) of the days within the quarter,

b. is on pace for on-time completion of the course as

defined by the governing board of the virtual charter

school, or

c. completes no less than seventy-two instructional

activities within the quarter of the academic year.

3. For a student who does not meet any of the criteria set

forth in paragraph 1 or 2 of this subsection, the amount of

attendance recorded shall be the greater of:

a. the number of school days during which the student

completed the instructional activities during the

quarter,

b. the number of school days proportional to the

percentage of the course that has been completed, or

c. the number of school days proportional to the

percentage of the required minimum number of completed

instructional activities during the quarter.

C. For the purposes of this section, “instructional activities”

shall include instructional meetings with a teacher, completed

assignments that are used to record a grade for a student that is

factored into the student’s grade for the semester during which the

assignment is completed, testing, school-sanctioned field trips, and

orientation.

D. Each statewide virtual charter school approved and sponsored

by the Statewide Charter School Board shall offer a student

orientation, notify the parent or legal guardian and each student

who enrolls in that school of the requirement to participate in the

student orientation, and require all students enrolled to complete

Oklahoma Statutes - Title 70. Schools Page 215

the student orientation prior to completing any other instructional

activity. The Statewide Charter School Board shall promulgate rules

to develop materials for orientation.

E. Any student that is behind pace and does not complete an

instructional activity for a fifteen-school-day period shall be

withdrawn for truancy. The virtual charter school shall submit a

notification to the parent or legal guardian of a student who has

been withdrawn for truancy or is approaching truancy.

F. A student who is reported for truancy two times in the same

school year shall be withdrawn and prohibited from enrolling in the

same virtual charter school for the remainder of the school year.

G. The governing board of each statewide virtual charter school

shall develop, adopt, and post on the school’s website a policy

regarding consequences for a student’s failure to attend school and

complete instructional activities. The policy shall state, at a

minimum, that if a student fails to consistently attend school and

complete instructional activities after receiving a notification

pursuant to subsection E of this section and reasonable intervention

strategies have been implemented, a student shall be subject to

certain consequences including withdrawal from the school for

truancy.

H. If a statewide virtual charter school withdraws a student

pursuant to subsections F and G of this section, the virtual charter

school shall immediately notify the student’s resident district in

writing of the student’s disenrollment.

I. The Statewide Charter School Board may promulgate rules to

implement the provisions of this section.
Okla. Stat. tit. 70, § 70-4425 — OK Code / Title 70 / Section 70-4425
McCurtain County Higher Education Program - Acceptance of
Status: in_force

property and equipment.

A. The Oklahoma State Regents for Higher Education are

authorized to accept from McCurtain County the property used for

accommodating the McCurtain County Higher Education Program located

near Idabel and known as the E. T. Dunlap Higher Education Center,

including the land, buildings, equipment and other appurtenances.

The facility shall be accepted on behalf of the State of Oklahoma

and it together with the higher education program operated therein

shall become an integral part of The Oklahoma State System of Higher

Education and shall continue to be maintained and operated for the

purpose and in the same manner as at present.

B. The Board of Regents of Oklahoma Colleges are authorized to

accept from the Oklahoma State Regents for Higher Education all

property acquired by the Oklahoma State Regents for Higher Education

pursuant to subsection A of this section. The property shall be

used as part of the Southeastern Oklahoma State University branch

campus in McCurtain County.
Okla. Stat. tit. 70, § 70-19-118 — OK Code / Title 70 / Section 70-19-118
Cost of program
Status: in_force

A determination of the cost of a driver education program in a

secondary school shall include the cost of the replacement of the

automobile or machinery used in the instruction of pupils, the cost

of the instructor's salary, the upkeep and maintenance of said

automobiles, and the cost of such other equipment and classroom data

as may be required in a driver education program operated in

compliance with the rules and regulations of the State Board of

Education.
Okla. Stat. tit. 70, § 70-18-200.1v1 — OK Code / Title 70 / Section 70-18-200.1v1
State Aid formula – 2022-23 and thereafter
Status: in_force

A. Beginning with the 2022-2023 school year, and each school

year thereafter, each school district shall have its initial

allocation of State Aid calculated based on the state dedicated

revenues actually collected during the preceding fiscal year, the

Oklahoma Statutes - Title 70. Schools Page 849

adjusted assessed valuation of the preceding year and the weighted

average daily membership for the school district of the preceding

school year. Each school district shall submit the following data

based on the first nine (9) weeks, to be used in the calculation of

the average daily membership of the school district:

1. Student enrollment by grade level;

2. Pupil category counts; and

3. Transportation supplement data.

On or before December 30, the State Department of Education

shall determine each school district's current year allocation

pursuant to subsection D of this section. The State Department of

Education shall complete an audit, using procedures established by

the Department, of the student enrollment by grade level data, pupil

category counts and transportation supplement data to be used in the

State Aid Formula pursuant to subsection D of this section by

December 1 and by January 15 shall notify each school district of

the district's final State Aid allocation for the current school

year. The January payment of State Aid and each subsequent payment

for the remainder of the school year shall be based on the final

State Aid allocation as calculated in subsection D of this section.

Except for reductions made due to the assessment of penalties by the

State Department of Education according to law, the January payment

of State Aid and each subsequent payment for the remainder of the

school year shall not decrease by an amount more than the amount

that the current chargeable revenue increases for that district.

B. The State Department of Education shall retain not less than

one and one-half percent (1 1/2%) of the total funds appropriated

for financial support of schools, to be used to make midyear

adjustments in State Aid and which shall be reflected in the final

allocations. If the amount of appropriated funds, including the one

and one-half percent (1 1/2%) retained, remaining after January 1 of

each year is not sufficient to fully fund the final allocations, the

Department shall recalculate each school district's remaining

allocation pursuant to subsection D of this section using the

reduced amount of appropriated funds.

C. On and after July 1, 1997, the amount of State Aid each

district shall receive shall be the sum of the Foundation Aid, the

Salary Incentive Aid and the Transportation Supplement, as adjusted

pursuant to the provisions of subsection G of this section and

Section 18-112.2 of this title; provided, no district having per

pupil revenue in excess of three hundred percent (300%) of the

average per pupil revenue of all districts shall receive any State

Aid or Supplement in State Aid.

The July calculation of per pupil revenue shall be determined by

dividing the district's second preceding year's total weighted

average daily membership (ADM) into the district's preceding year's

total revenues excluding federal revenue, insurance loss payments,

Oklahoma Statutes - Title 70. Schools Page 850

reimbursements, recovery of overpayments and refunds, unused

reserves, prior expenditures recovered, prior year surpluses, and

less the amount of any transfer fees paid in that year.

The December calculation of per pupil revenue shall be

determined by dividing the district's preceding year's total

weighted average daily membership (ADM) into the district's

preceding year's total revenues excluding federal revenue, insurance

loss payments, reimbursements, recovery of overpayments and refunds,

unused reserves, prior expenditures recovered, prior year surpluses,

and less the amount of any transfer fees paid in that year.

D. For the 1997-98 school year, and each school year

thereafter, Foundation Aid, the Transportation Supplement and Salary

Incentive Aid shall be calculated as follows:

1. Foundation Aid shall be determined by subtracting the amount

of the Foundation Program Income from the cost of the Foundation

Program and adding to this difference the Transportation Supplement.

a. The Foundation Program shall be a district's higher

weighted average daily membership based on the first

nine (9) weeks of the current school year or the

preceding school year of a school district, as

determined by the provisions of subsection A of

Section 18-201.1 of this title and paragraphs 1, 2, 3

and 4 of subsection B of Section 18-201.1 of this

title, multiplied by the Base Foundation Support

Level. However, for the portion of weighted

membership derived from nonresident, transferred

pupils enrolled in online courses, the Foundation

Program shall be a district's weighted average daily

membership of the preceding school year or the first

nine (9) weeks of the current school year, whichever

is greater, as determined by the provisions of

subsection A of Section 18-201.1 of this title and

paragraphs 1, 2, 3 and 4 of subsection B of Section

18-201.1 of this title, multiplied by the Base

Foundation Support Level.

b. The Foundation Program Income shall be the sum of the

following:

(1) The adjusted assessed valuation of the current

school year of the school district, minus the

previous year protested ad valorem tax revenues

held as prescribed in Section 2884 of Title 68 of

the Oklahoma Statutes, multiplied by the mills

levied pursuant to subsection (c) of Section 9 of

Article X of the Oklahoma Constitution, if

applicable, as adjusted in subsection (c) of

Section 8A of Article X of the Oklahoma

Constitution. For purposes of this subsection,

Oklahoma Statutes - Title 70. Schools Page 851

the "adjusted assessed valuation of the current

school year" shall be the adjusted assessed

valuation on which tax revenues are collected

during the current school year, and

(2) Seventy-five percent (75%) of the amount received

by the school district from the proceeds of the

county levy during the preceding fiscal year, as

levied pursuant to subsection (b) of Section 9 of

Article X of the Oklahoma Constitution, and

(3) Motor Vehicle Collections, and

(4) Gross Production Tax, and

(5) State Apportionment, and

(6) R.E.A. Tax.

The items listed in divisions (3), (4), (5), and (6)

of this subparagraph shall consist of the amounts

actually collected from such sources during the

preceding fiscal year calculated on a per capita basis

on the unit provided for by law for the distribution

of each such revenue.

2. The Transportation Supplement shall be equal to the average

daily haul times the per capita allowance times the appropriate

transportation factor.

a. The average daily haul shall be the number of children

in a district who are legally transported and who live

one and one-half (1 1/2) miles or more from school.

b. The per capita allowance shall be determined using the

following chart:

PER CAPITA PER CAPITA

DENSITY FIGURE ALLOWANCE DENSITY FIGURE ALLOWANCE

.3000 - .3083 $167.00 .9334 - .9599 $99.00

.3084 - .3249 $165.00 .9600 - .9866 $97.00

.3250 - .3416 $163.00 .9867 - 1.1071 $95.00

.3417 - .3583 $161.00 1.1072 - 1.3214 $92.00

.3584 - .3749 $158.00 1.3215 - 1.5357 $90.00

.3750 - .3916 $156.00 1.5358 - 1.7499 $88.00

.3917 - .4083 $154.00 1.7500 - 1.9642 $86.00

.4084 - .4249 $152.00 1.9643 - 2.1785 $84.00

.4250 - .4416 $150.00 2.1786 - 2.3928 $81.00

.4417 - .4583 $147.00 2.3929 - 2.6249 $79.00

.4584 - .4749 $145.00 2.6250 - 2.8749 $77.00

.4750 - .4916 $143.00 2.8750 - 3.1249 $75.00

.4917 - .5083 $141.00 3.1250 - 3.3749 $73.00

.5084 - .5249 $139.00 3.3750 - 3.6666 $70.00

.5250 - .5416 $136.00 3.6667 - 3.9999 $68.00

.5417 - .5583 $134.00 4.0000 - 4.3333 $66.00

.5584 - .5749 $132.00 4.3334 - 4.6666 $64.00

.5750 - .5916 $130.00 4.6667 - 4.9999 $62.00

Oklahoma Statutes - Title 70. Schools Page 852

.5917 - .6133 $128.00 5.0000 - 5.5000 $59.00

.6134 - .6399 $125.00 5.5001 - 6.0000 $57.00

.6400 - .6666 $123.00 6.0001 - 6.5000 $55.00

.6667 - .6933 $121.00 6.5001 - 7.0000 $53.00

.6934 - .7199 $119.00 7.0001 - 7.3333 $51.00

.7200 - .7466 $117.00 7.3334 - 7.6667 $48.00

.7467 - .7733 $114.00 7.6668 - 8.0000 $46.00

.7734 - .7999 $112.00 8.0001 - 8.3333 $44.00

.8000 - .8266 $110.00 8.3334 - 8.6667 $42.00

.8267 - .8533 $108.00 8.6668 - 9.0000 $40.00

.8534 - .8799 $106.00 9.0001 - 9.3333 $37.00

.8800 - .9066 $103.00 9.3334 - 9.6667 $35.00

.9067 - .9333 $101.00 9.6668 or more $33.00

c. The formula transportation factor shall be 1.39.

3. Salary Incentive Aid shall be determined as follows:

a. Multiply the Incentive Aid guarantee by the district's

higher weighted average daily membership based on the

first nine (9) weeks of the current school year or the

preceding school year of a school district, as

determined by the provisions of subsection A of

Section 18-201.1 of this title and paragraphs 1, 2, 3

and 4 of subsection B of Section 18-201.1 of this

title.

b. Divide the district's adjusted assessed valuation of

the current school year minus the previous year's

protested ad valorem tax revenues held as prescribed

in Section 2884 of Title 68 of the Oklahoma Statutes,

by one thousand (1,000) and subtract the quotient from

the product of subparagraph a of this paragraph. The

remainder shall not be less than zero (0).

c. Multiply the number of mills levied for general fund

purposes above the fifteen (15) mills required to

support Foundation Aid pursuant to division (1) of

subparagraph b of paragraph 1 of this subsection, not

including the county four-mill levy, by the remainder

of subparagraph b of this paragraph. The product

shall be the Salary Incentive Aid of the district.

E. By June 30, 1998, the State Department of Education shall

develop and the Department and all school districts shall have

implemented a student identification system which is consistent with

the provisions of subsections C and D of Section 3111 of Title 74 of

the Oklahoma Statutes. The student identification system shall be

used specifically for the purpose of reporting enrollment data by

school sites and by school districts, the administration of the

Oklahoma School Testing Program Act, the collection of appropriate

and necessary data pursuant to the Oklahoma Educational Indicators

Program, determining student enrollment, establishing a student

Oklahoma Statutes - Title 70. Schools Page 853

mobility rate, allocation of the State Aid Formula and midyear

adjustments in funding for student growth. This enrollment data

shall be submitted to the State Department of Education in

accordance with rules promulgated by the State Board of Education.

Funding for the development, implementation, personnel training and

maintenance of the student identification system shall be set out in

a separate line item in the allocation section of the appropriation

bill for the State Board of Education for each year.

F. 1. In the event that ad valorem taxes of a school district

are determined to be uncollectible because of bankruptcy, clerical

error, or a successful tax protest, and the amount of such taxes

deemed uncollectible exceeds Fifty Thousand Dollars ($50,000.00) or

an amount greater than twenty-five percent (25%) of ad valorem taxes

per tax year, or the valuation of a district is lowered by order of

the State Board of Equalization, the school district's State Aid,

for the school year that such ad valorem taxes are calculated in the

State Aid Formula, shall be determined by subtracting the net

assessed valuation of the property upon which taxes were deemed

uncollectible from the assessed valuation of the school district and

the state. Upon request of the local board of education, it shall

be the duty of the county assessor to certify to the Director of

Finance of the State Department of Education the net assessed

valuation of the property upon which taxes were determined

uncollectible.

2. In the event that the amount of funds a school district

receives for reimbursement from the Ad Valorem Reimbursement Fund is

less than the amount of funds claimed for reimbursement by the

school district due to insufficiency of funds as provided in Section

193 of Title 62 of the Oklahoma Statutes, then the school district's

assessed valuation for the school year that such ad valorem

reimbursement is calculated in the State Aid Formula shall be

adjusted accordingly.

G. 1. Notwithstanding the provisions of Section 18-112.2 of

this title, a school district shall have its State Aid reduced by an

amount equal to the amount of carryover in the general fund of the

district as of June 30 of the preceding fiscal year, that is in

excess of the following standards for two (2) consecutive years:

Total Amount of Amount of

General Fund Collections, General Fund

Excluding Previous Year Balance

Cash Surplus as of June 30 Allowable

Less than $1,000,000 48%

$1,000,000 - $2,999,999 42%

$3,000,000 - $3,999,999 36%

$4,000,000 - $4,999,999 30%

$5,000,000 - $5,999,999 24%

$6,000,000 - $7,999,999 22%

Oklahoma Statutes - Title 70. Schools Page 854

$8,000,000 - $9,999,999 19%

$10,000,000 or more 17%

2. By February 1 the State Department of Education shall send

by certified mail, with return receipt requested, to each School

District Superintendent, Auditor and Regional Accreditation Officer

a notice of and calculation sheet reflecting the general fund

balance penalty to be assessed against that school district.

Calculation of the general fund balance penalty shall not include

federal revenue. Within thirty (30) days of receipt of this written

notice the school district shall submit to the Department a written

reply either accepting or protesting the penalty to be assessed

against the district. If protesting, the school district shall

submit with its reply the reasons for rejecting the calculations and

documentation supporting those reasons. The Department shall review

all school district penalty protest documentation and notify each

district by March 15 of its finding and the final penalty to be

assessed to each district. General fund balance penalties shall be

assessed to all school districts by April 1.

3. Any school district which receives proceeds from a tax

settlement or a Federal Emergency Management Agency settlement

during the last two (2) months of the preceding fiscal year shall be

exempt from the penalties assessed in this subsection, if the

penalty would occur solely as a result of receiving funds from the

tax settlement.

4. Any school district which receives an increase in State Aid

because of a change in Foundation and/or Salary Incentive Aid

factors during the last two (2) months of the preceding fiscal year

shall be exempt from the penalties assessed in this subsection, if

the penalty would occur solely as a result of receiving funds from

the increase in State Aid.

5. If a school district does not receive Foundation and/or

Salary Incentive Aid during the preceding fiscal year, the State

Board of Education may waive the penalty assessed in this subsection

if the penalty would result in a loss of more than forty percent

(40%) of the remaining State Aid to be allocated to the school

district between April 1 and the remainder of the school year and if

the Board determines the penalty will cause the school district not

to meet remaining financial obligations.

6. Any school district which receives gross production revenue

apportionment during the 2002-2003 school year or in any subsequent

school year that is greater than the gross production revenue

apportionment of the preceding school year shall be exempt from the

penalty assessed in this subsection, if the penalty would occur

solely as a result of the gross production revenue apportionment, as

determined by the State Board of Education.

7. Beginning July 1, 2003, school districts that participate in

consolidation or annexation pursuant to the provisions of the

Oklahoma Statutes - Title 70. Schools Page 855

Oklahoma School Voluntary Consolidation and Annexation Act shall be

exempt from the penalty assessed in this subsection for the school

year in which the consolidation or annexation occurs and for the

next three (3) fiscal years.

8. Any school district which receives proceeds from a sales tax

levied by a municipality pursuant to Section 22-159 of Title 11 of

the Oklahoma Statutes or proceeds from a sales tax levied by a

county pursuant to Section 1370 of Title 68 of the Oklahoma Statutes

during the 2003-2004 school year or the 2004-2005 school year shall

be exempt from the penalties assessed in this subsection, if the

penalty would occur solely as a result of receiving funds from the

sales tax levy.

9. Any school district which has an amount of carryover in the

general fund of the district in excess of the limits established in

paragraph 1 of this subsection during the fiscal years beginning

July 1, 2020, July 1, 2021, July 1, 2022, and July 1, 2023, shall

not be assessed a general fund balance penalty as provided for in

this subsection.

10. For purposes of calculating the general fund balance

penalty, the terms "carryover" and "general fund balance" shall not

include federal revenue.

H. In order to provide startup funds for the implementation of

early childhood programs, State Aid may be advanced to school

districts that initially start early childhood instruction at a

school site. School districts that desire such advanced funding

shall make application to the State Department of Education no later

than September 15 of each year and advanced funding shall be awarded

to the approved districts no later than October 30. The advanced

funding shall not exceed the per pupil amount of State Aid as

calculated in subsection D of this section per anticipated Head

Start eligible student. The total amount of advanced funding shall

be proportionately reduced from the monthly payments of the

district's State Aid payments during the last six (6) months of the

same fiscal year.

I. 1. Beginning July 1, 1996, the Oklahoma Tax Commission,

notwithstanding any provision of law to the contrary, shall report

monthly to the State Department of Education the monthly

apportionment of the following information:

a. the assessed valuation of property,

b. motor vehicle collections,

c. R.E.A. tax collected, and

d. gross productions tax collected.

2. Beginning July 1, 1997, the State Auditor and Inspector's

Office, notwithstanding any provision of law to the contrary, shall

report monthly to the State Department of Education the monthly

apportionment of the proceeds of the county levy.

Oklahoma Statutes - Title 70. Schools Page 856

3. Beginning July 1, 1996, the Commissioners of the Land

Office, notwithstanding any provision of law to the contrary, shall

report monthly to the State Department of Education the monthly

apportionment of state apportionment.

4. Beginning July 1, 1997, the county treasurers' offices,

notwithstanding any provision of law to the contrary, shall report

monthly to the State Department of Education the ad valorem tax

protest amounts for each county.

5. The information reported by the Tax Commission, the State

Auditor and Inspector's Office, the county treasurers' offices and

the Commissioners of the Land Office, pursuant to this subsection

shall be reported by school district on forms developed by the State

Department of Education.
Okla. Stat. tit. 70, § 70-11-103 — OK Code / Title 70 / Section 70-11-103
Courses for instruction - What to include
Status: in_force

A. Courses of instruction approved by the State Board of

Education for use in school years prior to 1993-94 shall be those

courses that are necessary to ensure:

1. The teaching of the necessary basic skills of learning and

communication, including reading, English, writing, the use of

numbers and science; and

2. The teaching of citizenship in the United States, in the

State of Oklahoma, and in other countries, through the study of the

United States Constitution, the amendments thereto, and the ideals,

history, and government of the United States, other countries of the

world, and the State of Oklahoma and through the study of the

Oklahoma Statutes - Title 70. Schools Page 526

principles of democracy as they apply in the lives of citizens. In

study of the United States Constitution, a written copy of the

document itself shall be utilized.

The public school districts of this state shall ensure that each

child enrolled therein is provided with adequate instruction in the

basic skills as set out in paragraphs 1 and 2 of this subsection.

Each local board of education shall annually evaluate the district's

curriculum in order to determine whether each child in the district

is receiving adequate basic skill instruction as set out in

paragraphs 1 and 2 of this subsection. The evaluation process shall

provide for parental involvement. Effective July 1, 1990, each

district shall submit its annual evaluation of the district's

curriculum to the State Board of Education. The State Board shall

make this information available to the Oklahoma Curriculum Committee

and, beginning with the 1996-97 school year, shall utilize such

information in its periodic evaluation of curriculum.

B. Courses approved by the State Board of Education for

instruction of pupils in the public schools of the state for use in

school years prior to 1993-94 may include courses that are approved

by a local board of education and are necessary to ensure:

1. The teaching of health through the study of proper diet, the

effects of alcoholic beverages, narcotics and other substances on

the human system and through the study of such other subjects as

will promote healthful living and help to establish proper health

habits in the lives of school children;

2. The teaching of safety through training in the driving and

operation of motor vehicles and such other devices of transportation

as may be desirable and other aspects of safety which will promote

the reduction of accidents and encourage habits of safe living among

school children;

3. The teaching of physical education to all physically able

students during the entire school year from first through sixth

grade, through physical education, a weekly minimum of seventy-five

(75) minutes per student, exclusive of recess activity, supervised

play, intramurals, interschool athletics or other extracurricular

activities; provided, any student participating as a member of any

school athletic team shall be excused from physical education

classes; provided further, that certified physical education

instructors shall not be required to administer the programs

required for grades one through six. An elective program of

instructional physical education designed to provide a minimum of

one hundred fifty (150) minutes per week per student shall be

provided for all students in the seventh grade through the twelfth

grade. The State Board of Education shall prescribe qualifications

for physical education instructors. Provided, however, that the

State Department of Education shall be empowered to exempt all or a

portion of this requirement if an undue hardship would result to the

Oklahoma Statutes - Title 70. Schools Page 527

school district. Provided, further, that any student who has

exceptional talent in music may, with the approval of the

superintendent of schools in independent districts or in elementary

districts, substitute a course in music for the above-required

physical education course;

4. The teaching of the conservation of natural resources of the

state and the nation that are necessary and desirable to sustain

life and contribute to the comfort and welfare of the people now

living and those who will live here in the future, such as soil,

water, forests, minerals, oils, gas, all forms of wildlife, both

plant and animal, and such other natural resources as may be

considered desirable to study;

5. The teaching of vocational education, by the study of the

various aspects of agriculture, through courses and farm youth

organizations, such as FFA and 4-H clubs, homemaking and home

economics, trades and industries, distributive education, mechanical

and industrial arts and such other aspects of vocational education

as will promote occupational competence among school children and

adults as potential and actual citizens of the state and nation; and

6. The teaching of such other aspects of human living and

citizenship as will achieve the legitimate objectives and purposes

of public education.
Okla. Stat. tit. 70, § 70-1210.551 — OK Code / Title 70 / Section 70-1210.551
Assistance of local boards - Pilot projects -
Status: in_force

Termination or continuation.

A. The State Board of Education is authorized to assist, and if

funds are available to make grants to, local boards of education for

the establishment of pilot projects that replace the traditional

organization of teaching and learning with innovative management and

instructional systems and materials. Projects may involve entire

districts, combinations of districts, combinations of schools, or

elements of schools individually or in combination. Projects shall

not supplant existing alternative school programs.

B. On or before March 31, 1990, the State Board of Education

shall determine pilot project criteria, and by July 1, 1990, solicit

proposals, and establish a process for the consideration of

proposals. Such proposals for pilot projects shall be considered on

a statewide competitive basis. Proposals which require a

substantial policy-determination role for teachers and which include

a process for measuring the progress and achievement of students

involved shall be given preference.

C. The State Board of Education is authorized to promulgate

rules and regulations for the operation of such projects and to

grant exceptions to rules and regulations for districts selected to

operate such projects. The State Board shall have the authority to

require termination of a pilot project or its continuation at any

time that it finds such termination to be in the best interests of

the students involved.
Okla. Stat. tit. 70, § 70-2120 — OK Code / Title 70 / Section 70-2120
Protected expressive activities on campus
Status: reserved

A. As used in this act:

1. "Campus community" means students, administrators, faculty

and staff at the public institution of higher education and their

invited guests;

2. "Harassment" means only that expression that is unwelcome,

so severe, pervasive and subjectively and objectively offensive that

a student is effectively denied equal access to educational

opportunities or benefits provided by the public institution of

higher education;

3. "Materially and substantially disrupts" means when a person,

with the intent to or with knowledge of doing so, significantly

hinders another person's or group's expressive activity, prevents

the communication of the message or prevents the transaction of the

business of a lawful meeting, gathering or procession by:

a. engaging in fighting, violent or other unlawful

behavior, or

b. physically blocking or using threats of violence to

prevent any person from attending, listening to,

viewing or otherwise participating in an expressive

activity. Conduct that "materially disrupts" shall

not include conduct that is protected under the First

Amendment to the United States Constitution or Section

22 of Article 2 of the Oklahoma Constitution. Such

protected conduct includes but is not limited to

Oklahoma Statutes - Title 70. Schools Page 1342

lawful protests in the outdoor areas of campus

generally accessible to the members of the public,

except during times when those areas have been

reserved in advance for other events, or minor, brief

or fleeting nonviolent disruptions of events that are

isolated and short in duration;

4. "Outdoor areas of campus" means the generally accessible

outside areas of campus where members of the campus community are

commonly allowed, such as grassy areas, walkways or other similar

common areas and does not include outdoor areas where access is

restricted from a majority of the campus community;

5. "Public institution of higher education" means any

institution within The Oklahoma State System of Higher Education or

technology center schools overseen by the State Board of Career and

Technology Education; and

6. "Student organization" means an officially recognized group

at a public institution of higher education, or a group seeking

official recognition, comprised of admitted students that receive or

are seeking to receive benefits through the public institution of

higher education.

B. Expressive activities protected under the provisions of this

section include but are not limited to any lawful verbal, written,

audio-visual or electronic means by which individuals may

communicate ideas to one another, including all forms of peaceful

assembly, protests, speeches and guest speakers, distribution of

literature, carrying signs and circulating petitions.

C. 1. The outdoor areas of campuses of public institutions of

higher education in this state shall be deemed public forums for the

campus community, and public institutions of higher education shall

not create "free speech zones" or other designated areas of campus

outside of which expressive activities are prohibited. Public

institutions of higher education may maintain and enforce reasonable

time, place and manner restrictions narrowly tailored in service of

a significant institutional interest only when such restrictions

employ clear, published, content- and viewpoint-neutral criteria and

provide for ample alternative means of expression. Any such

restrictions shall allow for members of the campus community to

spontaneously and contemporaneously assemble and distribute

literature.

2. Nothing in this subsection shall be interpreted as limiting

the right of student expression elsewhere on campus.

D. 1. Any person who wishes to engage in noncommercial

expressive activity on campus shall be permitted to do so freely, as

long as the person's conduct is not unlawful and does not materially

and substantially disrupt the functioning of the public institutions

of higher education, subject only to the requirements of subsection

C of this section.

Oklahoma Statutes - Title 70. Schools Page 1343

2. Nothing in this subsection shall prohibit public

institutions of higher education from maintaining and enforcing

reasonable time, place and manner restrictions that are narrowly

tailored to serve a significant institutional interest only when

such restrictions employ clear, published, content- and viewpoint-

neutral criteria. Any such restrictions shall allow for members of

the campus community to spontaneously and contemporaneously

assemble, speak and distribute literature.

3. Nothing in this subsection shall be interpreted as

preventing public institutions of higher education from prohibiting,

limiting or restricting expression that the First Amendment does not

protect or prohibiting harassment as defined by this section.

4. Nothing in this section shall enable individuals to engage

in conduct that intentionally, materially and substantially disrupts

another person's expressive activity if that activity is occurring

in a campus space reserved for that activity under the exclusive use

or control of a particular group.

E. Public institutions of higher education shall make public in

their handbooks, on their websites and through their orientation

programs for students the policies, regulations and expectations of

students regarding free expression on campus consistent with this

section.

F. Public institutions of higher education shall develop

materials, programs and procedures to ensure that those persons who

have responsibility for discipline or education of students,

including but not limited to administrators, campus police officers,

residence life officials and professors, understand the policies,

regulations and duties of public institutions of higher education

regarding free expression on campus consistent with this section.

G. 1. Each public institution of higher education shall

publicly post on its website, as well as submit to the Governor, the

Legislature, and the Chancellor of The Oklahoma State System of

Higher Education annually by December 31, a report that details the

course of action implemented to be in compliance with the

requirements of this section. A report shall also be given in the

instance of any changes or updates to the chosen course of action.

The information required in the report shall be:

a. accessible from the institution's website home page by

use of not more than three links,

b. searchable by key words and phrases, and

c. accessible to the public without requiring

registration or use of a user name, password or

another user identification.

2. The report shall include:

a. a description of any barriers to or incidents of

disruption of free expression occurring on campus,

including but not limited to attempts to block or

Oklahoma Statutes - Title 70. Schools Page 1344

prohibit speakers and investigations into students or

student organizations for their speech. The

description shall include the nature of each barrier

or incident, as well as what disciplinary action, if

any, was taken against members of the campus community

determined to be responsible for those specific

barriers or incidents involving students without

revealing those students' personally identifiable

information, and

b. any other information each public institution of

higher education deems valuable for the public to

evaluate whether free expression rights for all

members of the campus community have been equally

protected and enforced consistent with this act.

3. If a public institution of higher education is sued for an

alleged violation of First Amendment rights, a supplementary report

with a copy of the complaint, or any amended complaint, shall be

submitted to the Governor and the Legislature within thirty (30)

days.

H. Any person or student organization aggrieved by a violation

of this section may bring an action against the public institution

of higher education and its employees acting in their official

capacities responsible for the violation and seek appropriate

relief, including but not limited to injunctive relief, monetary

damages, reasonable attorneys' fees and court costs. Any person or

student organization aggrieved by a violation of this section may

assert such violation as a defense or counter claim in any

disciplinary action or in any civil or administrative proceedings

brought against such student or student organization. Nothing in

this subsection shall be interpreted to limit any other remedies

available to any person or student organization.

I. A person shall be required to bring suit for violation of

this section no later than one year after the day the cause of

action occurs. For purposes of calculating the one-year limitation

period, each day that the violation persists and each day that a

policy in violation of this section remains in effect shall

constitute a new day that the cause of action has occurred.

J. If any provision of this section or any application of such

provision to any person or circumstance is held to be

unconstitutional, the remainder of the section and the application

of the provision to any other person or circumstance shall not be

affected.
Okla. Stat. tit. 70, § 70-17-116.2B — OK Code / Title 70 / Section 70-17-116.2B
Oklahoma State System of Higher Education -
Status: in_force

Employees of entities or institutions - Amount of retirement

benefits.

A. Beginning July 1, 2004, a member who has any creditable

service as an employee of an entity or institution within The

Oklahoma State System of Higher Education on or after July 1, 1995,

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:

1. 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;

2. 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 Section 17-

116.2 of this title or pursuant to subsection E of Section 17-116.2

of this title, or if the member's salary never exceeded Twenty-five

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

equal to:

a. 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 creditable service

authorized and performed prior to July 1, 1995, plus

any years of prior service authorized under this

title, plus

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

maximum compensation level upon which member

contributions were made for those years between July

1, 1995, and June 30, 2007, in which the member's

regular annual compensation meets or exceeds the

maximum compensation level in effect for the member

for the period July 1, 1995, through June 30, 2007,

multiplied by the number of the member's years of

creditable service for the period July 1, 1995,

through June 30, 2007, in which the member's regular

annual compensation meets or exceeds the maximum

Oklahoma Statutes - Title 70. Schools Page 782

compensation in effect for the member for the period

July 1, 1995, through June 30, 2007, plus

c. 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

authorized and performed for an employer other than a

comprehensive university or for service performed for

an employer other than an entity or institution within

The Oklahoma State System of Higher Education on or

after July 1, 1995, but not later than June 30, 2007,

plus

d. 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

in which contributions were made that did not meet or

exceed the member's maximum compensation level in

effect for the member for the period July 1, 1995,

through June 30, 2007, and the number of the member's

years of creditable service authorized and performed

after June 30, 2007;

3. 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 Section 17-116.2 of this title or

pursuant to subsection E of Section 17-116.2 of this title, in an

amount equal to:

a. 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 creditable

service authorized and performed prior to July 1,

1995, plus any years of prior service authorized under

this title, plus

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

maximum compensation level upon which member

contributions were made for those years of service

between July 1, 1995, and June 30, 2007, in which the

member's regular annual compensation meets or exceeds

the maximum compensation level in effect for the

member for the period July 1, 1995, through June 30,

2007, multiplied by the number of the member's years

of creditable service for the period July 1, 1995,

through June 30, 2007, in which the member's regular

annual compensation meets or exceeds the maximum

Oklahoma Statutes - Title 70. Schools Page 783

compensation in effect for the member for the period

July 1, 1995, through June 30, 2007, plus

c. 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

authorized and performed for an employer other than a

comprehensive university or for service performed for

an employer other than an entity or institution within

The Oklahoma State System of Higher Education on or

after July 1, 1995, but not later than June 30, 2007,

plus

d. 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

in which contributions were made that did not meet or

exceed the member's maximum compensation level in

effect for the member for the period July 1, 1995,

through June 30, 2007, and the number of the member's

years of creditable service authorized and performed

after June 30, 2007;

4. Any member who retired on or after July 1, 1995, shall be

eligible to have the benefits recalculated in accordance with the

terms and provisions of paragraphs 2 and 3 of this section. In the

event such calculation results in an increase in benefits, such

benefits will be adjusted commencing January 1, 2005, and

thereafter. No such recalculation shall be applied in a retroactive

manner to result in any increase in benefits which have been paid

between July 1, 1995, and December 31, 2004;

5. For purposes of this section, the term "average of the

member's maximum compensation level" means an average of the annual

salary on which the maximum contributions were made to the Teachers'

Retirement System of Oklahoma for the period between July 1, 1995,

and June 30, 2007. The average for each member will be applied in

accordance with paragraph (15) of Section 17-101 of this title;

6. In the event there are insufficient number of years for the

time period between July 1, 1995, and June 30, 2007, to reach the

high three (3) or high consecutive five (5) years in accordance with

paragraph (15) of Section 17-101 of this title, the member's maximum

compensation level shall be determined by an average of the salary

on which maximum contributions were made. In no case shall the

member's maximum compensation level exceed the average salary as

determined by paragraph (15) of Section 17-101 of this title; and

7. Beginning July 1, 2018, an active member of the Teachers'

Retirement System of Oklahoma who is employed and participating with

an entity or institution within The Oklahoma State System of Higher

Education may purchase not to exceed two (2) years of incentive

credit if:

Oklahoma Statutes - Title 70. Schools Page 784

a. the member has reached his or her normal retirement

date or is within two (2) years of reaching the

member's normal retirement date as authorized in

Section 17-105 of this title, or

b. the member is eligible for or is within two (2) years

of being eligible for early retirement pursuant to

paragraph 1 of subsection A of Section 17-116.2 of

this title.

B. Purchased incentive credit may only be used as participation

service to qualify the member for normal or early retirement.

C. To receive the incentive credit, the member shall pay the

amount determined by the Board pursuant to Section 17-116.8 of this

title.
Okla. Stat. tit. 70, § 70-14-130 — OK Code / Title 70 / Section 70-14-130
State Board of Career and Technology Education
Status: in_force

A. On July 1, 2014, all powers, duties, functions, and

responsibilities of the State Board of Education that relate to

adult education shall be transferred to the State Board of Career

and Technology Education. The transfer shall include all equipment,

supplies, records, assets, current and future liabilities, fund

balances, encumbrances, obligations, and indebtedness associated

with the State Board of Education that relate to adult education.

B. Any monies accruing to or in the name of the State Board of

Education on and after the effective date of this act that relate to

adult education, or any monies that accrue in any funds or accounts

or are maintained for the benefit of the State Board of Education on

and after the effective date of this act that relate to adult

education shall be transferred to the State Board of Career and

Technology Education.

C. The State Board of Career and Technology Education shall

succeed to any contractual rights and responsibilities incurred by

the State Board of Education.

D. The Director of the Office of Management and Enterprise

Services is hereby directed to coordinate the transfer of funds,

allotments, purchase orders, and outstanding financial obligations

or encumbrances as provided for in this section.
Okla. Stat. tit. 70, § 70-28-101 — OK Code / Title 70 / Section 70-28-101
Definitions — Oklahoma Parental Choice Tax Credit
Status: in_force

Program.

A. As used in the Oklahoma Parental Choice Tax Credit Act:

1. “Accrediting association” means a recognized legal entity

that meets the accreditation requirements set by the State Board of

Education, another accrediting association approved by the State

Board of Education, or a legal entity that accredits education

organizations in multiple states, whose purpose is to verify that an

education program meets or exceeds predetermined criteria, and

monitor the education organization during the time it is accredited

by completing regular reevaluations and on-site inspections of the

education program;

2. “Commission” means the Oklahoma Tax Commission;

3. “Curriculum” means a complete course of study for a

particular content area or grade level;

4. “Department” means the State Department of Education;

5. “Education service provider” means a person, business,

public school district, public charter school, magnet school, or

organization that provides educational goods and/or services to

eligible students in this state;

6. “Eligible student” means a resident of this state who is

eligible to enroll in a public school in this state. Eligible

student shall include a student who is enrolled in and attends or is

expected to enroll in a private school in this state accredited by

the State Board of Education or another accrediting association or a

student who is educated pursuant to the other means of education

Oklahoma Statutes - Title 70. Schools Page 973

exception provided for in subsection A of Section 10-105 of this

title;

7. “Qualified expense” for the purpose of claiming the credit

authorized by paragraph 1 of subsection C of this section means

tuition and fees at a private school in this state accredited by the

State Board of Education or another accrediting association. Such

private school shall comply with the provisions of subsection L of

this section. Provided, the amount of tuition and fees considered a

qualified expense pursuant to this paragraph shall not include

tuition and fees paid with any scholarship or tuition and fees

discounted or otherwise reduced by the school;

8. “Qualified expense” for the purpose of claiming the credit

authorized by paragraph 2 of subsection C of this section means the

following expenditures:

a. tuition and fees for nonpublic learning programs,

online or in person,

b. academic tutoring services provided by an individual

or a private academic tutoring facility,

c. textbooks, curriculum, or other instructional

materials including, but not limited to, supplemental

materials or associated online instruction required by

an education service provider, and

d. fees for nationally standardized assessments

including, but not limited to, assessments used to

determine college admission and advanced placement

examinations as well as tuition and fees for tutoring

or preparatory courses for the assessments; and

9. “Taxpayer” means a biological or adoptive parent,

grandparent, aunt, uncle, legal guardian, custodian, or other person

with legal authority to act on behalf of an eligible student.

B. There is hereby created the Oklahoma Parental Choice Tax

Credit Program to provide an income tax credit to a taxpayer for

qualified expenses to support the education of eligible students in

this state.

C. For the tax year 2024 and subsequent tax years, and fiscal

year 2026 and subsequent fiscal years, there shall be allowed

against the tax imposed by Section 2355 of Title 68 of the Oklahoma

Statutes a credit for any Oklahoma taxpayer who incurs a qualified

expense on behalf of an eligible student, to be administered subject

to the following amounts:

1. If the eligible student attends a private school in this

state accredited by the State Board of Education or another

accrediting association, the annual maximum credit amount for tax

year 2024, fiscal year 2026, and each subsequent fiscal year shall

be:

a. Seven Thousand Five Hundred Dollars ($7,500.00) or the

amount of tuition and fees for the private school,

Oklahoma Statutes - Title 70. Schools Page 974

whichever is less, if the combined adjusted gross

income of the parents or legal guardians of the

eligible student during the second preceding tax year

does not exceed Seventy-five Thousand Dollars

($75,000.00),

b. Seven Thousand Dollars ($7,000.00) or the amount of

tuition and fees for the private school, whichever is

less, if the combined adjusted gross income of the

parents or legal guardians of the eligible student

during the second preceding tax year is more than

Seventy-five Thousand Dollars ($75,000.00) but does

not exceed One Hundred Fifty Thousand Dollars

($150,000.00),

c. Six Thousand Five Hundred Dollars ($6,500.00) or the

amount of tuition and fees for the private school,

whichever is less, if the combined adjusted gross

income of the parents or legal guardians of the

eligible student during the second preceding tax year

is more than One Hundred Fifty Thousand Dollars

($150,000.00) but does not exceed Two Hundred Twenty-

five Thousand Dollars ($225,000.00),

d. Six Thousand Dollars ($6,000.00) or the amount of

tuition and fees for the private school, whichever is

less, if the combined adjusted gross income of the

parents or legal guardians of the eligible student

during the second preceding tax year is more than Two

Hundred Twenty-five Thousand Dollars ($225,000.00) but

does not exceed Two Hundred Fifty Thousand Dollars

($250,000.00), or

e. Five Thousand Dollars ($5,000.00) or the amount of

tuition and fees for the private school, whichever is

less, if the combined adjusted gross income of the

parents or legal guardians of the eligible student

during the second preceding tax year is more than Two

Hundred Fifty Thousand Dollars ($250,000.00);

2. For tax year 2024 and subsequent tax years, the maximum

credit amount shall be One Thousand Dollars ($1,000.00) in qualified

expenses per eligible student in each tax year if the eligible

student is educated pursuant to the other means of education

exception provided for in subsection A of Section 10-105 of this

title. To claim the credit, the taxpayer shall submit to the

Commission receipts for qualified expenses as defined by paragraph 8

of subsection A of this section;

3. If the eligible student attends a private school in this

state, accredited by the State Board of Education or another

accrediting association, that exclusively serves students

experiencing homelessness, the credit amount shall be Seven Thousand

Oklahoma Statutes - Title 70. Schools Page 975

Five Hundred Dollars ($7,500.00) or the amount of the cost to

educate the eligible student at the private school, whichever is

less;

4. If the eligible student attends a private school in this

state, accredited by the State Board of Education or another

accrediting association, that primarily serves financially

disadvantaged students, the credit amount shall be the maximum

credit amount authorized by paragraph 1 of this subsection or the

amount of the cost to educate the eligible student at the private

school, whichever is less. The cost to educate the eligible student

shall be equal to the average cost to educate all students attending

the private school, which shall be calculated by dividing the

private school’s total expenditures in the previous year by the

total enrollment in the previous school year. A private school

shall be deemed to be primarily serving financially disadvantaged

students if ninety percent (90%) of the private school’s admissions

are based on enrolling students whose gross family income is two

hundred fifty percent (250%) of the federal poverty threshold or

below;

5. The taxpayer shall retain all receipts of qualified expenses

as proof of the amounts paid each tax year the credit is claimed and

shall submit them to the Commission upon request;

6. If the credit exceeds the tax imposed by Section 2355 of

Title 68 of the Oklahoma Statutes, the excess amount shall be

refunded to the taxpayer; and

7. Credits claimed by a taxpayer pursuant to the provisions of

this section shall not be used to offset or pay the following:

a. delinquent tax liability,

b. accrued penalty or interest from the failure to file a

report or return,

c. accrued penalty or interest from the failure to pay a

state tax within the statutory period allowed for its

payment,

d. tax liability of the taxpayer from any prior tax year,

or

e. any debt, unpaid fine, final judgment, or claim filed

with the Commission by a qualified entity as defined

in Section 205.2 of Title 68 of the Oklahoma Statutes.

D. 1. a. For tax year 2024, the total amount of credits

authorized by paragraph 1 of subsection C of this

section shall not exceed One Hundred Fifty Million

Dollars ($150,000,000.00).

b. For the period of January 1, 2025, through June 30,

2025, the total amount of credits authorized by

paragraph 1 of subsection C of this section shall not

exceed One Hundred Million Dollars ($100,000,000.00).

The Commission shall not require a taxpayer who

Oklahoma Statutes - Title 70. Schools Page 976

received a credit pursuant to paragraph 1 of

subsection C of this section in tax year 2024 to

reapply for a credit payable during the period

described in this subparagraph. The Commission shall

base the credit amount payable for the spring 2025 on

the fall 2024 installment disbursement payment amount.

c. For fiscal year 2026 and subsequent fiscal years, the

total amount of credits authorized by paragraph 1 of

subsection C of this section shall not exceed Two

Hundred Fifty Million Dollars ($250,000,000.00).

2. For tax year 2026 and subsequent tax years, the total amount

of credits authorized by paragraph 2 of subsection C of this section

shall not exceed Five Million Dollars ($5,000,000.00). The Oklahoma

Tax Commission shall annually calculate and publish a percentage by

which the credits authorized by this section shall be reduced so the

total amount of credits used to offset tax does not exceed the

annual limit. The formula to be used for the percentage adjustment

shall be Five Million Dollars ($5,000,000.00) divided by the amount

of credit claimed in the second preceding tax year. In the event

the total tax credits authorized by this section exceed the annual

limit in any tax year, the Tax Commission shall permit any excess

but shall factor such excess into the percentage adjustment formula

for subsequent tax years.

3. If a taxpayer, on behalf of an eligible student in the

program, chooses not to participate, is no longer eligible to

participate, or chooses to forgo participation in the program for

any reason, the credit authorized by paragraph 1 of subsection C of

this section but not used and not reallocated pursuant to paragraph

3 of subsection H of this section shall be added to the subsequent

fiscal year limitation as provided in paragraph 1 of this

subsection.

E. The Commission shall prescribe applications for the purposes

of claiming the credits authorized by the Oklahoma Parental Choice

Tax Credit Act and a deadline by which applications shall be

submitted. A taxpayer claiming the credit authorized by paragraph 1

of subsection C of this section shall submit an application

prescribed by the Commission to receive the credit based on the

enrollment verification form submitted pursuant to this subsection,

but in no event shall a payment exceed the amount of the credit

authorized by paragraph 1 of subsection C of this section. If an

eligible taxpayer provides documentation on the application that he

or she is a recipient of income-based government benefits including

the Supplemental Nutrition Assistance Program (SNAP), Temporary

Assistance for Needy Families (TANF), or the Oklahoma Medicaid

Program commonly known as SoonerCare, the eligible taxpayer shall

not be required to provide additional income verification. The

Department of Human Services and the Oklahoma Health Care Authority

Oklahoma Statutes - Title 70. Schools Page 977

shall, upon request by the Oklahoma Tax Commission, verify whether

an applicant receives income-based government benefits. The

taxpayer shall provide authorization for the Oklahoma Tax Commission

to disclose application data to the Department of Human Services

and/or the Oklahoma Health Care Authority, and for the Department of

Human Services and/or the Oklahoma Health Care Authority to provide

confirmation of benefits to the Oklahoma Tax Commission for purposes

of verifying that the taxpayer is a current recipient of SNAP, TANF,

or Oklahoma Medicaid Program benefits; provided, the information

shall not be used for any other purpose. A taxpayer claiming the

credit authorized by paragraph 1 of subsection C of this section

shall submit to the Commission an enrollment verification form from

the private school in which the eligible student is enrolled or is

expected to enroll with the tuition and fees to be charged the

taxpayer for the applicable school year. In reviewing applications

submitted by eligible taxpayers to determine whether they qualify

for a credit authorized by paragraph 1 of subsection C of this

section, the Commission shall give first preference in making

payments to taxpayers who qualify pursuant to subparagraphs a and b

of paragraph 1 of subsection C of this section. The Commission

shall give second preference in making payments to taxpayers who

qualify and have received the credit in the prior year. For credits

issued in the 2026-2027 school year and subsequent school years, the

application period shall be open March 15 through June 15 prior to

the beginning of each school year. For any eligible student whose

parents or legal guardians have a combined adjusted gross income

that does not exceed One Hundred Fifty Thousand Dollars

($150,000.00) or qualified and received credit in the prior year,

applications shall be submitted to the Commission within the first

sixty (60) days of the opening of the application period to receive

priority consideration. For students enrolled in the full school

year, the full credit amount authorized for the school year shall be

paid no later than August 30.

F. Taxpayers claiming the credit shall:

1. Only claim the credit for qualified expenses as defined in

paragraphs 7 and 8 of subsection A of this section to provide an

education for an eligible student;

2. Ensure no other person is claiming a credit for the eligible

student;

3. Not claim the credit for an eligible student who enrolls as

a full-time student in a public school district, public charter

school, public virtual charter school, or magnet school;

4. Comply with rules and requirements established by the

Commission for administration of the Oklahoma Parental Choice Tax

Credit Program; and

5. Notify the Commission not later than thirty (30) days after

the date on which the eligible student:

Oklahoma Statutes - Title 70. Schools Page 978

a. enrolls in a public school, including an open-

enrollment charter school,

b. enrolls in a nonaccredited private school,

c. graduates from high school, or

d. is no longer utilizing credits authorized by paragraph

1 of subsection C of this section for any reason.

G. Eligible students may accept a scholarship from the Lindsey

Nicole Henry Scholarships for Students with Disabilities Program

created by Section 13-101.2 of this title while participating in the

Oklahoma Parental Choice Tax Credit Program.

H. 1. The Commission shall have the authority to conduct an

audit or contract for the auditing of receipts for qualified

expenses submitted pursuant to paragraph 2 of subsection C of this

section.

2. The Commission shall be authorized to recapture the credits

otherwise authorized by the provisions of the Oklahoma Parental

Choice Tax Credit Act on a prorated basis if an audit conducted

pursuant to this subsection shows that the credit was claimed for

expenditures that were not qualified expenses or it finds that the

taxpayer has claimed an eligible student who no longer attends a

private school or has enrolled in a public school in the state.

3. The Commission shall be authorized to reallocate credits for

the current application year to the next eligible taxpayer in line

when a taxpayer, on behalf of an eligible student in the program,

chooses not to participate, is no longer eligible to participate, or

chooses to forgo participation in the program for any reason no

later than September 1 following the opening of the application

period of each year.

4. The Commission shall provide notification of approval status

to applicants within thirty (30) days of closure of the application

window. Notice to applicants with an eligible student, whose

parents or legal guardians have a combined adjusted gross income of

more than One Hundred Fifty Thousand Dollars ($150,000.00), shall be

sent within thirty (30) days or no later than thirty (30) days after

the last day of the priority consideration period.

I. In the event of a failure of revenue pursuant to the

Oklahoma State Finance Act, the tax credits otherwise authorized in

subsection C of this section shall be reduced proportionately to the

reduction in the amount of money appropriated to the State Board of

Education for the financial support of public schools for the fiscal

year in which the failure of revenue occurs.

J. The Commission shall make available on its website to be

updated monthly:

1. The total amount of credits claimed each year pursuant to

paragraphs 1 through 4 of subsection C of this section;

Oklahoma Statutes - Title 70. Schools Page 979

2. The amount of credits claimed and number of students awarded

each fiscal year pursuant to paragraph 1 of subsection C of this

section disaggregated by income categories;

3. The total amount of credits claimed and number of students

awarded who attended a public school in the semester immediately

preceding the school year for which the application is made each

year; and

4. The total number of applications denied and total amount of

credits the denied applications represent for each fiscal year.

K. Credits received pursuant to the Oklahoma Parental Choice

Tax Credit Act shall not constitute taxable income to a taxpayer who

received the credit on behalf of an eligible student.

L. No later than June 15 of each year, each participating

private school shall electronically provide information to confirm

student enrollment and tuition information for the fall and spring

semesters of the preceding school year and any other information

requested by the Oklahoma Tax Commission. Failure to provide this

information may result in denial of private school participation in

subsequent school years.

M. An eligible and participating private school as of April 15,

2025, shall have until March 1, 2027, to meet the accreditation

requirements of this section.
Okla. Stat. tit. 70, § 70-3211 — OK Code / Title 70 / Section 70-3211
Revolving Loan Fund of the Oklahoma State Regents for
Status: in_force

Higher Education.

(a) There is hereby created in the State Treasury a Revolving

Loan Fund to be designated "Revolving Loan Fund of the Oklahoma

State Regents for Higher Education." Such fund shall be a

continuing fund, and the State Regents may allocate on a loan basis

any of the monies therein to any of the state educational

institutions under their jurisdiction, for projects authorized by

Oklahoma Statutes - Title 70. Schools Page 1427

the Board of Regents of the institution and approved by the State

Regents.

(b) Monies in such fund shall be disbursed by claims approved by

the President of the institution to which the monies were allocated.

The State Regents shall prescribe rules and regulations for the

safekeeping and proper expenditure, repayment procedures, and

reports covering the expenditure, of moneys used for projects

authorized.
Okla. Stat. tit. 70, § 70-11-103.6p — OK Code / Title 70 / Section 70-11-103.6p
Civil rights curriculum
Status: in_force

A. The State Department of Education shall develop and make

available to every public elementary school and high school in the

Oklahoma Statutes - Title 70. Schools Page 549

State of Oklahoma, a curriculum that may be taught as a stand-alone

unit of instruction, or may be integrated into one or more existing

courses of study, studying the events of the civil rights movement

from 1954 to 1968, the natural law and natural rights principles

that the Rev. Dr. Martin Luther King, Jr., drew from that informed

his leadership of the civil rights movement, and the tactics and

strategies of nonviolent resistance that he championed in response

to the Jim Crow laws of that era. This period in American history

is known as the civil rights era because during this period reform-

minded Americans organized to press for a rejection of the doctrine

of "separate but equal" and to repeal the Jim Crow-era laws in parts

of the United States that embodied that doctrine. One of the

universal lessons of the civil rights era is that hatred on the

basis of immutable characteristics, including not just race or

ethnicity, but also characteristics such as nationality, religious

belief, disability, or sex, can overtake any nation or society,

leading to profound injustice. To reinforce that lesson, such

curriculum shall include an additional unit of instruction studying

other acts of discriminatory injustice, such as genocide, committed

elsewhere around the globe. The study of this material is a

reaffirmation of the commitment of the people of this state to

reject bigotry, to champion equal protection under the law as a

foundational principle of our Republic, and to act in opposition to

injustice wherever it may occur.

B. The State Department of Education shall identify resources

and provide exemplar units or sample lesson plans designed to help

teachers provide instruction on the subject matter outlined in this

act.
Okla. Stat. tit. 70, § 70-24-100.6 — OK Code / Title 70 / Section 70-24-100.6
Right of student victims to be separated from
Status: in_force

offender - Notice to school district of juvenile sex offender

identity - School attendance of juvenile sex offender.

A. Students who have been victims of certain felony offenses by

other students, as well as the siblings of the student victims, have

the right to be kept separated from the student offender both at

school and during school transportation.

B. Notwithstanding any provision of law prohibiting the

disclosure of the identity of a minor, within thirty (30) days of

the time of the adjudication or withholding of adjudication of any

juvenile offender for any offense subject to the Juvenile Sex

Offender Registration Act, either the juvenile bureau in counties

which have juvenile bureaus or the Office of Juvenile Affairs in all

other counties shall notify the superintendent of the school

district in which the juvenile offender is enrolled or intends to

enroll of the adjudication and the offense for which the child was

adjudicated. Upon receipt of such notice, the school district shall

notify the victim and parent or guardian of the victim of their

right to request to be separated from the offender at school and

during school transportation. If the victim requests to be

separated from the offender, the school district shall take

appropriate action to effectuate the provisions of subsection C of

this section. The decision of the victim shall be final and not

reversible.

C. Any offender described in subsection B of this section

shall, upon the request of the victim, not attend any school

attended by the victim or a sibling of the victim or ride on a

school bus on which the victim or a sibling of the victim is riding.

The offender shall be permitted by the school district to attend

another school within the district in which the offender resides,

provided the other school is not attended by the victim or sibling

of the victim. If the offender is unable to attend another school

in the district in which the offender resides, the offender shall

Oklahoma Statutes - Title 70. Schools Page 918

transfer to another school district pursuant to the provisions of

the Education Open Transfer Act.

D. The offender or the parents of the offender, if the offender

is a juvenile, shall be responsible for arranging and paying for

transportation and any other cost associated with or required for

the offender to attend another school or that is required as a

consequence of the prohibition against attending a school or riding

on a school bus on which the victim or a sibling of the victim is

attending or riding. However, the offender or the parents of the

offender shall not be charged for existing modes of transportation

that can be used by the offender at no additional cost to the school

district.
Okla. Stat. tit. 70, § 70-697.15 — OK Code / Title 70 / Section 70-697.15
Eligibility to receive funds - Conditions
Status: in_force

In order for any hospital or clinic to be eligible to receive

funds through the Health Care Workforce Training Commission for

residency or internship positions, such hospital or clinic shall

affirm that students receiving their medical education in Oklahoma

will be given special consideration for all residency and internship

positions.
Okla. Stat. tit. 70, § 70-2-116 — OK Code / Title 70 / Section 70-2-116
Organization statements and contribution and expenditure
Status: in_force

reports - Public records.

Statements of organization and reports of contributions and

expenditures required to be filed with the Ethics Commission under

the Technology Center District and Independent School District

Campaign Finance and Financial Disclosure Act shall be public

records. The Ethics Commission shall maintain statements of

organization and reports of contributions and expenditures for four

(4) years after the date on which they are filed, at which time the

documents may be destroyed or retained subject to the discretion of

the Ethics Commission. The Ethics Commission may post copies of

statements of organization and reports of contributions and

expenditures.
Okla. Stat. tit. 70, § 70-3903 — OK Code / Title 70 / Section 70-3903
State System of Higher Education - Allocations -
Status: in_force

Allotments - Accounting classification - Petty cash funds - Expenses

of Boards - Educational and general income.

(a) The Oklahoma State System of Higher Education shall operate

an allotment system similar to the procedure set out in the Oklahoma

State Finance Act, Section 34 et seq. of Title 62 of the Oklahoma

Statutes, for other agencies of the state except that the State

Regents shall be substituted for the Director of the Office of

Management and Enterprise Services in connection with approving

allotment requests of the constituent institutions and agencies

comprising the State System. The account classification for the

State System shall conform as nearly as possible with the

classification of accounts recommended by the publications of the

National Association of College and University Business Officers.

The State Regents shall allocate to each institution and agency in

the State System, from the consolidated or lump-sum appropriation

made by the Legislature, an amount sufficient to meet the needs and

functions of the institution or agency for the entire year. Upon

such allocation, monies appropriated for educational and general

purposes shall be transferred to the Educational and General

Operations Revolving Fund of the institution or agency and monies

appropriated for capital improvement purposes shall be transferred

to the Capital Improvement Revolving Fund of the institution or

agency. The amount allocated to an institution or agency for each

fiscal year shall be made in a lump sum without regard to uniform

budget or accounting classifications, but shall not be available for

expenditure until subsequently allotted by the State Regents.

(b) The State Regents, with the approval of the Director of the

Office of Management and Enterprise Services, may allot money to any

such institution or agency to establish and operate a petty cash

fund at the institution or agency; said fund shall only be

reimbursed upon the filing of claims showing the purposes for which

the money was expended. No single expenditure from any petty cash

fund so established and operated shall exceed Five Hundred Dollars

($500.00). Splitting of invoices for the purpose of avoiding this

limitation is prohibited. Except for payments to sports officials,

research participants, refunds to students, competition judges, and

temporary farm crews employed at Oklahoma Agricultural Experiment

Stations, expenditures from such fund for personal services, travel

reimbursement, or professional services are prohibited. Further,

the exemption for payments to sports officials and refunds to

students is limited to only those institutions which have previously

Oklahoma Statutes - Title 70. Schools Page 1565

been authorized to participate in both the "Alternate Claims

Processing", by the Director of the Office of Management and

Enterprise Services, and "Remote Warrant Printing", by the State

Treasurer. The Oklahoma State Regents for Higher Education shall

publish uniform guidelines applicable to all institutions of higher

education for expenditures from petty cash funds, which shall be

strictly adhered to.

(c) Governing boards of control are integral parts of

institutions under their respective jurisdiction; therefore, the

expenses of boards in carrying out their respective duties shall be

paid from the operating budgets of the institutions and other budget

agencies under their jurisdiction. In cases where a board is the

governing board for two or more institutions and/or other budget

agencies, the board shall prorate its operating expenses among the

institutions and/or other budget agencies so governed. Prior to the

beginning of the fiscal year, each board shall prepare a budget,

setting out in detail its necessary expenses for the entire fiscal

year and shall, not later than July 1, file a copy of its budget

with the President Pro Tempore of the Senate, the Speaker of the

House of Representatives, the Director of the Office of Management

and Enterprise Services and the Legislative Service Bureau. Said

budget shall include all full-time-equivalent positions in each

activity or division and an itemization of all sources of income

used for operations and programs. Each board shall revise its

budget, if necessary, and provide said revisions to the President

Pro Tempore of the Senate, the Speaker of the House of

Representatives, the Director of the Office of Management and

Enterprise Services, and the Legislative Service Bureau not later

than January 1 of each year. In cases where a board has

jurisdiction over two or more institutions or budget agencies, it

shall, not later than July 1, notify the President of each

institution as to the amount of its pro rata share of the board's

expense budget that will be assessed against the institution and/or

other budget agency during the fiscal year.

(d) Prior to the beginning of the fiscal year, the coordinating

board of the Oklahoma State Regents for Higher Education shall

prepare a budget setting out in detail its necessary expenses for

the entire fiscal year, and, not later than July 1, shall file a

copy of its budget with the Director of the Office of Management and

Enterprise Services and the Legislative Service Bureau. The State

Regents shall allocate the money required to fund its budget prior

to making distribution of appropriated monies to the various

institutions of The Oklahoma State System of Higher Education.

(e) The Division of Central Accounting and Reporting shall make

cash allocations of revenue in accordance with Section 23 of Article

X of the Oklahoma Constitution, to each institution and agency,

considering the total allocation made by the State Regents from the

Oklahoma Statutes - Title 70. Schools Page 1566

lump-sum legislative appropriation as the total appropriation for

the institution or agency, in lieu of legislative appropriations.

All income available to an institution or agency for educational and

general purposes, as defined in the uniform budget and accounting

classifications recommended by the publications of the National

Association of College and University Business Officers, and

including income defined by law as revolving fund income, shall

operate as a continuing nonfiscal appropriation which may be

expended for any educational and general purpose for which

appropriated funds may be expended, if allocated and allotted in

accordance with the Oklahoma State Finance Act, as provided in this

section; provided that no obligation shall be incurred in excess of

the unencumbered balance of cash on hand.

(f) At least thirty (30) days prior to the beginning of each

fiscal year, each of the constituent institutions and agencies shall

file with the State Regents its request for appropriation allotments

for each of the purposes for which expenditures are to be made. Such

requests shall be in conformity with the uniform budget or

accounting classifications recommended by the publications of the

National Association of College and University Business Officers.

Each request for appropriation allotments shall show the amount

required to finance each item of the request for the entire year and

for each quarter or each six-month period within the fiscal year, as

required by the Director of the Office of Management and Enterprise

Services. The State Regents, or their designated official or

employee who has been authorized to approve itemized allotment

requests, shall consider the allotment requests for the purpose of

making a determination that: (1) the current financial requirements

of the institution or agency concerned justify the allotment to be

made; (2) the accounting classification is sufficient to reflect the

purpose for which expenditures are to be made and that such

classification is in accordance with the budget classifications

adopted by the Director of the Office of Management and Enterprise

Services and the State Regents, which shall conform as nearly as

possible to the account classification recommended by the

publications of the National Association of College and University

Business Officers; and (3) the realization of estimated revenues

determined by the Director of the Office of Management and

Enterprise Services is sufficient to allow the commitments to be

made. In allotting appropriations and other funds, and approving

subsequent allotments, which may be required by each institution and

agency the State Regents shall follow the same general procedure as

other agencies of the state not under the control of the State

Regents, except as otherwise provided in this section. All forms

and account classifications shall be mutually agreed upon by the

Director of the Office of Management and Enterprise Services and the

State Regents. The State Regents shall file approved requests of

Oklahoma Statutes - Title 70. Schools Page 1567

constituent institutions and agencies with the Division of Central

Accounting and Reporting. The State Regents and the Director of the

Office of Management and Enterprise Services shall approve any

request from the administrative head of a constituent institution or

agency for amendment of the approved schedule of positions and

salaries or transfers between items, so long as the currently

approved allotment for such purposes is not exceeded and each such

amendment shall be filed with the Director of the Office of

Management and Enterprise Services, in such detail as he may

require, prior to the date on which the first payroll or other

disbursement affected by such amendments is submitted for payment.

In the event that the realization of estimated revenues at any time

during the fiscal year indicates that the total revenue from that

fiscal year to any state fund will be insufficient at the end of the

fiscal year to meet the total appropriations from that fund, the

Director of the Office of Management and Enterprise Services shall

notify the State Regents as to the amount of reduction necessary

against the consolidated, or lump-sum appropriation, made to the

State Regents.

(g) The State Regents in making itemized allotments during the

fiscal year, may reserve an amount sufficient to meet a reasonable

failure of revenue until receipt of notice from the Director of the

Office of Management and Enterprise Services that the realization of

estimated revenues indicates that the total appropriations may be

allotted for expenditure. Upon receipt of notice from the Director

of the Office of Management and Enterprise Services of a necessary

reduction in the consolidated, or lump-sum appropriation, to meet a

failure in revenue, the State Regents shall immediately take action

to control the approval of subsequent allotment requests sufficient

to make the aggregate reduction in allotments of all constituent

institutions under their control equal the amount of reduction

ordered against the lump-sum appropriation made by the Legislature.

Such reductions against the lump-sum appropriation shall not exceed

the percentage reduction ordered against other agencies of the

state, in accordance with Section 23 of Article X of the Oklahoma

Constitution.
Okla. Stat. tit. 70, § 70-8-106 — OK Code / Title 70 / Section 70-8-106
School dispensed with - Transfer of pupils - Annexation
Status: in_force

A. Upon a majority vote of the electors in a school district

voting at the annual school district election or at a special school

district election called for such purpose and held not later than

June 30, either a high school or a grade school, or both, shall be

Oklahoma Statutes - Title 70. Schools Page 498

dispensed with for the ensuing year. An election for such purpose

shall also be held upon petition for an election, signed by forty

percent (40%) of the school district electors. To calculate the

sufficiency of the number of signatures on a petition, the forty

percent (40%) figure shall be applied to the highest number of

voters voting in a regular school election in the school district in

the preceding five (5) years as determined by the secretary of the

county election board. The secretary of the county election board

shall certify the sufficiency of the number of signatures on the

petition. The election shall be conducted by the county election

board in accordance with Sections 13A-101 through 13A-111 of Title

26 of the Oklahoma Statutes. The secretary of the county election

board shall notify the State Board of Education of the results of

every election held to dispense with school.

B. All of the pupils who would be entitled to attend school in

the grades dispensed with shall be transferred to another school

district or districts maintaining courses of instruction which such

pupils are entitled to pursue. The parent or guardian of each child

to be transferred shall be required to file an application for the

transfer of the child or children with the State Department of

Education, within ten (10) days after the results of the election

are declared. The procedures for such transfers shall be determined

by the State Board of Education.

C. Any school district which dispenses with its entire school

district for the ensuing year, as provided herein, shall be

mandatorily annexed on July 1 by the State Board of Education to

another school district or other districts to which pupils of such

dispensed school district have been transferred. Provided, if a

school district does not officially dispense with its school and

fails to open or maintain a school for such ensuing year, the State

Board of Education, except in cases where reasons over which the

district had no control causes a normal delay in the opening or

maintenance of such school, shall at its next regular meeting, annex

such school district to another school district or other districts

to which pupils have been transferred. Provided further that if a

school district does not have an average daily attendance that meets

the State Board of Education regulations for accrediting purposes

and does not dispense with its school by June 30, the State Board of

Education shall annex such district to the high school

transportation area in which the district is situated at the first

regular or special meeting in July.
Okla. Stat. tit. 70, § 70-1210.528-2 — OK Code / Title 70 / Section 70-1210.528-2
Promulgation of rules
Status: in_force

The State Department of Education shall promulgate rules to

carry out the provisions of the Apprenticeships, Internships and

Mentorships (AIM) Act of 2016.
Okla. Stat. tit. 70, § 70-1210.283 — OK Code / Title 70 / Section 70-1210.283
Screening and evaluation - Consent of parent or
Status: in_force

guardian.

No child shall be educationally screened, screened for

readiness, or evaluated as defined in Section 22 of this act without

prior notice to the child's parent or legal guardian. The State

Board of Education shall promulgate rules establishing content and

distribution requirements of the notice.
Okla. Stat. tit. 70, § 70-6-190 — OK Code / Title 70 / Section 70-6-190
Qualifications for teacher employment and certification
Status: in_force

A. The board of education of each school district shall employ

and contract in writing, as required in Section 6-101 of this title,

only with persons certified to teach by the State Board of Education

in accordance with the Oklahoma Teacher Preparation Act, except as

otherwise provided for by Section 6-101 of this title and by other

law.

Oklahoma Statutes - Title 70. Schools Page 431

B. The Board shall issue a certificate to teach to any person

who:

1. Has successfully completed the teacher education program

required by the Commission for Educational Quality and

Accountability;

2. Has graduated from an accredited institution of higher

education that has approval or accreditation for teacher education;

3. Has met all other requirements as may be established by the

Board;

4. Has made the necessary application and paid the competency

examination fee in an amount and as prescribed by the Commission;

5. Has successfully completed the competency examination

required in Section 6-187 of this title; and

6. Beginning November 1, 2001, has on file with the Board a

current Oklahoma criminal history record from the Oklahoma State

Bureau of Investigation as well as a national criminal history

record check as defined in Section 150.9 of Title 74 of the Oklahoma

Statutes. Upon receipt of the Oklahoma criminal history record, the

Board may issue a temporary certificate which shall be effective

until receipt of the national fingerprint-based criminal history

record. The person applying for a certificate shall be responsible

for the cost of the criminal history records.

C. The Board shall issue a certificate to teach to any person

who:

1. Holds an out-of-state certificate and meets the requirements

set forth in subsection G of this section;

2. Holds certification from the National Board for Professional

Teaching Standards;

3. Holds an out-of-country certificate and meets the

requirements set forth in subsection F of this section; or

4. Has successfully completed a competency examination used in

the majority of other states or comparable customized exam and meets

the requirements set forth in subsection H of this section.

D. Beginning July 1, 2004, any person applying for initial

Oklahoma certification shall have on file with the Board a current

Oklahoma criminal history record from the Oklahoma State Bureau of

Investigation as well as a national criminal history record check as

defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon

receipt of the Oklahoma criminal history record, the Board may issue

a temporary certificate which shall be effective until receipt of

the national fingerprint-based criminal history record. The person

applying for a certificate shall be responsible for the cost of the

criminal history records.

E. Any person holding a valid certificate, issued prior to

January 1, 1997, shall be a certified teacher for purposes of the

Oklahoma Teacher Preparation Act, subject to any professional

Oklahoma Statutes - Title 70. Schools Page 432

development requirements prescribed by the Oklahoma Teacher

Preparation Act or by the State Board of Education.

F. 1. The Board shall issue a certificate to teach to a person

who holds a valid out-of-country certificate and meets any

requirements established by the Board. The certificate to teach

shall only be for those subject areas and grade levels most closely

aligned to the subject areas and grade levels recognized on the out-

of-country certificate.

2. A person who meets the requirements of paragraph 1 of this

subsection shall not be required to take any competency examinations

in those subject areas and grade levels most closely aligned to the

subject areas and grade levels recognized on the out-of-country

certificate.

3. A person who meets the requirements of paragraph 1 of this

subsection shall have on file with the Board a current Oklahoma

criminal history record check from the Oklahoma State Bureau of

Investigation as well as a national criminal history record check as

defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon

receipt of the Oklahoma criminal history record check, the Board may

issue a temporary certificate which shall be effective until receipt

of the national fingerprint-based criminal history record check.

The person applying for a certificate shall be responsible for the

cost of the criminal history record checks.

4. The Board shall promulgate rules establishing a process by

which out-of-country certificates will be reviewed and evaluated for

purposes of awarding a certificate to teach pursuant to this

subsection.

G. 1. The Board shall issue a certificate to teach to a person

who holds a valid out-of-state certificate. The certificate to

teach shall only be for those subject areas and grade levels most

closely aligned to the subject areas and grade levels recognized on

the out-of-state certificate.

2. A person who meets the requirements of paragraph 1 of this

subsection shall not be required to take any competency examinations

in those subject areas and grade levels most closely aligned to the

subject areas and grade levels recognized on the out-of-state

certificate.

3. A person who meets the requirements of this subsection shall

have on file with the Board a current Oklahoma criminal history

record check from the Oklahoma State Bureau of Investigation as well

as a national criminal history record check as defined in Section

150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the

Oklahoma criminal history record check, the Board may issue a

temporary certificate which shall be effective until receipt of the

national fingerprint-based criminal history record check. The

person applying for a certificate shall be responsible for the cost

of the criminal history record checks.

Oklahoma Statutes - Title 70. Schools Page 433

H. 1. The Board shall issue a certificate to teach to a person

who has successfully completed a competency exam used in a majority

of the other states. The certificate to teach shall only be for

those subject areas and grade levels that correspond with a

certification area used in Oklahoma.

2. A person who meets the requirements of paragraph 1 of this

subsection shall have on file with the Board a current Oklahoma

criminal history record check from the Oklahoma State Bureau of

Investigation as well as a national criminal history record check as

defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon

receipt of the Oklahoma criminal history record check, the Board may

issue a temporary certificate which shall be effective until receipt

of the national fingerprint-based criminal history record check.

The person applying for a certificate shall be responsible for the

cost of the criminal history record checks.

I. 1. The Board may establish new levels of teacher

certificates: advanced, lead, and master. Each level shall have a

stipend paid with state dollars from the lottery funds as provided

in Section 713 of Title 3A of the Oklahoma Statutes. The advanced

certificate shall include a stipend of Three Thousand Dollars

($3,000.00), the lead certificate shall include a stipend of Five

Thousand Dollars ($5,000.00), and the master certificate shall

include a stipend of Ten Thousand Dollars ($10,000.00).

2. A teacher who works in a school with an enrollment of forty

percent (40%) or more of students who are economically disadvantaged

as defined in Section 18-109.5 of this title or a school district

with an enrollment of fewer than one thousand students shall be paid

a one-time award in addition to the stipends provided in paragraph 1

of this subsection:

a. One Thousand Five Hundred Dollars ($1,500.00) for an

advanced certificate,

b. Two Thousand Five Hundred Dollars ($2,500.00) for a

lead certificate, and

c. Five Thousand Dollars ($5,000.00) for a master

certificate.

3. School districts may identify and designate the highest

quality teachers for advanced, lead, and master certificates.

Participating districts shall submit designation plans to the State

Department of Education for evaluation and approval. Districts

shall have local control and flexibility in determining how to

evaluate teachers and assign designations, but, at a minimum, the

designation system shall include a teacher observation, out-of-

classroom time, and a student performance component.

a. Teacher observation shall be based on the district’s

selected Oklahoma Teacher and Leader Effectiveness

Evaluation System (TLE) evaluation tool or an

alternate method of evaluation; provided, the method

Oklahoma Statutes - Title 70. Schools Page 434

is evidenced-based. Alternate methods of evaluation

shall not replace the requirements of Section 6-101.16

of this title.

b. Each school district that elects to participate in

assigning advanced, lead, and master teacher

certificates shall include an out-of-classroom

component for its assigned teachers to allow for

professional growth opportunities while staying in the

classroom. How out-of-classroom time is allotted and

managed shall be determined by the school district and

submitted as part of its designation plan to the State

Department of Education for review and approval.

c. Student performance measures may be determined by the

district and may include, but shall not be limited to,

pre- and post-tests, summative or formative, and

portfolios. The school district application shall

show evidence of validity and reliability of the

measures.

d. No more than ten percent (10%) of each school

district’s teachers may be designated as advanced,

lead, or master teachers in any given school year.

Districts which receive Title I funds within the top

quartile of individual student allotment amounts may

designate an additional ten percent (10%) of teachers

who are employed at school sites which receive the

Title I funds as advanced, lead, or master teachers.

Districts may use additional factors in determining which

teachers are eligible to receive a designation, such as student

surveys, teacher leadership responsibilities, teacher mentorship

responsibilities, family surveys, demonstration of district core

values, teacher peer surveys, and contributions to the broader

school community.

4. If a school district chooses to participate in this program,

the state shall provide the stipend amounts indicated for advanced,

lead, and master certificates in paragraph 1 of this subsection.

5. School districts that designate teachers for advanced, lead,

and master certificates do not have to participate in annual TLE

evaluations for the designated teachers.

6. School districts may designate teachers for advanced, lead,

or master certificates two times per year, once prior to the

beginning of the school year, and once prior to the beginning of the

second semester. Teachers statewide who receive these designations

shall be placed in professional development cohorts and provided

additional training opportunities from the State Department of

Education.

Oklahoma Statutes - Title 70. Schools Page 435

7. After initial approval by the State Department of Education,

the Department shall review and validate each participating school

district’s teacher evaluation system biennially.

8. The State Department of Education shall annually report the

school districts participating in the program, the number of

advanced, lead, and master certificates awarded, and the total

amount in state funding that was distributed to teachers from the

Teacher Empowerment Revolving Fund created in Section 6-190.2 of

this title.

9. The selection criteria; designation of advanced, lead, or

master teachers; and any associated stipend amounts shall not be

subject to collective bargaining.

10. Stipends provided pursuant to this subsection shall not be

included in the calculation of the teacher’s salary for purposes of

meeting the district or statutory minimum salary schedule or for

purposes of calculating Teachers’ Retirement System of Oklahoma

contributions or benefits.

J. The State Board of Education shall adopt rules to implement

a renewal schedule and associated fees for advanced, lead, and

master teaching certificates. The rules shall allow a teacher that

no longer meets the requirements of an advanced, lead, or master

teaching certificate to make application for the standard teaching

certificate.

K. The terms of the contracts issued to those holding advanced,

lead, and master teaching certificates shall include the following:

1. Advanced: an additional five (5) days to be used to

strengthen instructional leadership. A person with an advanced

teaching certificate shall receive an annual stipend of Three

Thousand Dollars ($3,000.00) or the district’s daily rate of pay,

whichever is higher, in addition to the salary for which the teacher

qualifies pursuant to Section 18-114.15 of this title. This stipend

shall be funded by state dollars from the lottery funds as provided

in Section 713 of Title 3A of the Oklahoma Statutes and shall be

paid directly to teachers through school districts;

2. Lead: an additional ten (10) days to be used to strengthen

instructional leadership. A person with a lead teaching certificate

shall receive an annual stipend of Five Thousand Dollars ($5,000.00)

or the district’s daily rate of pay, whichever is higher, in

addition to the salary for which the teacher qualifies pursuant to

Section 18-114.15 of this title. This stipend shall be funded by

state dollars from the lottery funds as provided in Section 713 of

Title 3A of the Oklahoma Statutes and shall be paid directly to

teachers through school districts; and

3. Master: an additional fifteen (15) days to be used to

strengthen leadership. A person with a master teaching certificate

shall receive an annual stipend of Ten Thousand Dollars ($10,000.00)

or the district’s daily rate of pay, whichever is higher, in

Oklahoma Statutes - Title 70. Schools Page 436

addition to the salary for which the teacher qualifies pursuant to

Section 18-114.15 of this title. This stipend shall be funded by

state dollars from the lottery funds as provided in Section 713 of

Title 3A of the Oklahoma Statutes and shall be paid directly to

teachers through school districts.

If a person with an advanced, lead, or master teaching

certificate changes school districts during the life of the

certificate, the terms of the contracts required in this subsection

shall be subject to approval by the new employing school district.

L. Beginning in the 2022-2023 school year, the Department shall

make the teaching certificates provided for in this section

available for any person who has received a recommendation from his

or her school district and who meets the eligibility criteria as

outlined in each school district’s teacher evaluation system

provided for in subsection I of this section.

M. The funding necessary for the administration of this section

shall be provided from the Teacher Empowerment Revolving Fund

created in Section 6-190.2 of this title. If funding for the

administration of the teaching certificates listed in subsection I

is not available, the Department shall not be required to fulfill

the requirements listed in subsections I, K, and L of this section.

N. The State Board of Education shall promulgate rules to

implement the provisions of Section 6-180 et seq. of this title.
Okla. Stat. tit. 70, § 70-13-114.1 — OK Code / Title 70 / Section 70-13-114.1
Oklahoma Special Education Assistance Fund - Creation
Status: in_force

- Status - Expenditures.

There is hereby created in the State Treasury a revolving fund

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

Special Education Assistance Fund". The fund shall be a continuing

Oklahoma Statutes - Title 70. Schools Page 620

fund not subject to fiscal year limitations, and shall consist of

all monies appropriated or transferred to the fund by the

Legislature. Except as otherwise provided in this section, all

monies accruing to the credit of said fund are hereby appropriated

and may be budgeted and expended by the State Board of Education for

the purpose of providing financial assistance to local school

districts pursuant to Sections 13-114.2 through 13-114.4 of this

title. For the 1992-93 school year, monies may be expended from

this fund for the local and state-supported financial support of

public schools. Expenditures from said fund shall be made on

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 70, § 70-3247 — OK Code / Title 70 / Section 70-3247
Higher education in-state status - Dependents of military
Status: in_force

personnel.

A. A student shall be eligible for in-state status regardless

of the residency of the student if the student is a:

1. Dependent child or spouse of a person currently serving as a

member of the active uniformed services of the United States on

full-time active duty status of more than thirty (30) days and for

whom Oklahoma is the home of record;

2. Dependent child or spouse of a person currently serving as a

member of the military reserve on active duty orders of more than

thirty (30) days and for whom Oklahoma is the home of record;

3. Person, or spouse or dependent child of a person, currently

serving as a member of the uniformed services of the United States

who is on full-time active duty for a period of more than thirty

(30) days and is stationed or temporarily present in Oklahoma

through military orders;

4. Person, or spouse or dependent child of a person, who was

discharged or released from a period of not fewer than ninety (90)

days of active uniformed service;

5. Person who is participating in or has received a partial or

full scholarship from the Air Force Reserve Officers’ Training

Corps, Army Reserve Officers’ Training Corps or the Navy/Marines

Reserve Officers’ Training Corps; or

6. Person who is a current member of the Oklahoma National

Guard.

B. To be eligible for in-state status as provided for in

subsection A of this section and to maintain eligibility, the

student shall:

1. Satisfy admission and retention standards as determined by

the Oklahoma State Regents for Higher Education for an institution

within The Oklahoma State System of Higher Education; and

2. Have secured admission to and enrolls full-time or part-time

in a program of study at an institution within The Oklahoma State

System of Higher Education.

C. A student who files with the institution within The Oklahoma

State System of Higher Education at which the student intends to

register a letter of intent to establish residence in the state and

Oklahoma Statutes - Title 70. Schools Page 1459

who resides in the state while enrolled in the institution shall be

eligible for in-state status, regardless of the residency of the

student or home of record, if the student:

1. Is a person who:

a. was discharged or released from a period of not fewer

than ninety (90) days of active duty uniformed

service, and

b. is pursuing a course of education with educational

assistance under Chapter 30, 31, 33, or 35 of Title 38

of the United States Code while living in this state;

or

2. Is a person who:

a. is entitled to assistance under Section 3311(b)(9) or

3319 of Title 38 of the United States Code by virtue

of a relationship to a person who was discharged or

released from a period of not fewer than ninety (90)

days of active duty uniformed services, and

b. enrolls in the course(s) concerned within five (5)

years of the date the related person was discharged or

released from a period of not fewer than ninety (90)

days of active duty uniformed services.

D. To be eligible for in-state status as provided for in

subsection C of this section and to maintain eligibility, the

student shall:

1. Satisfy admission and retention standards as determined by

the Oklahoma State Regents for Higher Education for an institution

within The Oklahoma State System of Higher Education; and

2. Have secured admission to and enrolls full-time or part-time

in a program of study at an institution within The Oklahoma State

System of Higher Education.

E. A student who meets the eligibility requirements for in-

state status shall maintain in-state status if the student remains

continuously enrolled at an institution within The Oklahoma State

System of Higher Education after the student:

1. As described in paragraph 1, 2, 3, or 4 of subsection A or

paragraph 1 or 2 of subsection C of this section is discharged or

released from active duty service;

2. As described in paragraph 1 of subsection C of this section

has exhausted education assistance provided under Chapter 30, 31,

33, or 35 of Title 38 of the United States Code; or

3. As described in paragraph 2 of subsection C of this section

has exhausted education assistance provided under Section 3311(b)(9)

or 3319 of Title 38 of the United States Code.

F. For purposes of this section, “home of record” means the

place where one was living when the person enlisted or was

commissioned into the military or reenlisted in the military.

Oklahoma Statutes - Title 70. Schools Page 1460

G. The State Regents for Higher Education shall develop

policies and procedures necessary to implement the provisions of

this section.
Okla. Stat. tit. 70, § 70-695.21 — OK Code / Title 70 / Section 70-695.21
Annual budget
Status: in_force

On or before June 30 of each year the Oklahoma Student Loan

Authority shall submit a budget for the next fiscal year to the

Governor, President Pro Tempore of the Senate, and the Speaker of

the House of Representatives. The budget shall include amounts to

be spent on administration as well as amounts to be allocated for

loans.
Okla. Stat. tit. 70, § 70-17-116.22 — OK Code / Title 70 / Section 70-17-116.22
Increase in benefits – July 1, 2020 - Offset
Status: in_force

A. Any person receiving benefits from the Teachers' Retirement

System of Oklahoma as of June 30, 2019, other than those benefits

specified in subsection B of this section, who continues to receive

benefits on or after July 1, 2020, shall receive an increase in

benefits as follows:

1. Zero percent (0%) if the person has been retired for less

than two (2) years as of July 1, 2020;

2. Two percent (2%) if the person has been retired for at least

two (2) years but less than five (5) years as of July 1, 2020; and

3. Four percent (4%) if the person has been retired for five

(5) years or more as of July 1, 2020.

B. Any person receiving benefits pursuant to subsection (3) of

Section 17-105 of Title 70 of the Oklahoma Statutes whose benefits

commenced prior to July 1, 2020, and who continues to receive

benefits on or after July 1, 2020, shall receive an increase in

benefits as follows:

1. Zero percent (0%) if the person has been retired for less

than two (2) years as of July 1, 2020;

Oklahoma Statutes - Title 70. Schools Page 800

2. Two percent (2%) if the person has been retired for at least

two (2) years but less than five (5) years as of July 1, 2020; and

3. Four percent (4%) if the person has been retired for five

(5) years or more as of July 1, 2020.