Bill Text For SB0193 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 5|SENATE BILL NO. 193                  By: Pemberton of the Senate       |
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 6|                                         and                           |
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 7|                                         McBride and Hasenbeck of      |
  |                                         the House                     |
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10|                        COMMITTEE SUBSTITUTE                           |
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11|       An Act relating to schools; amending 70 O.S. 2011,              |
  |       Section 3-104.4, as last amended by Section 27,                 |
12|       Chapter 42, O.S.L. 2017 (70 O.S. Supp. 2018, Section            |
  |       3-104.4), which relates to standards for                        |
13|       accreditation of schools; modifying circumstances for           |
  |       accreditation withdrawal or denial for failure to               |
14|       meet media program standards; removing prohibition if           |
  |       certain funding amount is appropriated; providing               |
15|       exception; modifying circumstances for assessing                |
  |       financial penalties against school district;                    |
16|       directing certain prohibition cease if certain                  |
  |       funding amount is appropriated; providing exception;            |
17|       directing the State Board of Education to report on             |
  |       class sizes by specified date; amending 70 O.S. 2011,           |
18|       Section 3-167, as last amended by Section 2, Chapter            |
  |       253, O.S.L. 2016 (70 O.S. Supp. 2018, Section 3-167),           |
19|       which relates to advisory councils; modifying                   |
  |       circumstances under which school districts are exempt           |
20|       from advisory council requirements; removing                    |
  |       prohibition if certain funding amount is                        |
21|       appropriated; providing exception; amending 70 O.S.             |
  |       2011, Section 16-111, as last amended by Section 3,             |
22|       Chapter 253, O.S.L. 2016 (70 O.S. Supp. 2018, Section           |
  |       16-111), which relates to textbook adoption;                    |
23|       modifying circumstances under which school districts            |
  |       are exempt from textbook adoption requirements;                 |
24|       directing prohibition to cease if certain funding               |
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arsid8531759 SB193 HFLR                                            Page 1
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 1|       amount is appropriated; providing exception;                    |
  |       providing an effective date; and declaring an                   |
 2|       emergency.                                                      |
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 3|                                                                       |
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 4|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 5|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 3-104.4, as    |
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 6|last amended by Section 27, Chapter 42, O.S.L. 2017 (70 O.S. Supp.     |
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 7|2018, Section 3-104.4), is amended to read as follows:                 |
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 8|    Section 3-104.4  A.  On or before February 1, 1991, the State      |
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 9|Board of Education shall adopt standards for the accreditation of      |
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10|the public schools in this state according to the requirements of      |
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11|this act, to be effective as set forth in this act.  The               |
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12|accreditation standards shall incorporate the curricular standards     |
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13|established pursuant to Section 11-103.6 of this title.  The           |
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14|accreditation standards shall equal or exceed the accreditation        |
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15|standards for schools promulgated by the North Central Association     |
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16|of Colleges and Schools to the extent that the standards are           |
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17|consistent with an academic results oriented approach to               |
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18|accreditation, excluding those standards which deal with affective     |
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19|behavior to the extent the adoption of the standards does not          |
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20|conflict with state statute.  The accreditation adopted by the State   |
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21|Board shall encompass accreditation for elementary schools, middle     |
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22|schools, junior high schools, and high schools.  The accreditation     |
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23|standards shall be made available for public inspection at the         |
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24|offices of the State Department of Education.                          |
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arsid8531759 SB193 HFLR                                            Page 2
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 1|    B.  Standards for accreditation adopted by the State Board of      |
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 2|Education shall include standards relating to the provision of         |
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 3|school counselors to the public school children of this state.  The    |
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 4|State Board of Education shall require each local school district to   |
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 5|provide information regarding the number of counselors serving each    |
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 6|school site, the duties of all such counselors including all           |
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 7|administrative duties, the number of students served by each           |
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 8|counselor, and information regarding the number of counselors          |
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 9|employed per elementary school, middle school, junior high school      |
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10|and high school.                                                       |
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11|    C.  Except as otherwise provided by subsection A of this section   |
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12|with regard to curricular standards, as a condition of receiving       |
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13|state accreditation pursuant to this act:                              |
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14|    1.  High schools shall meet the accreditation standards not        |
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15|later than June 30, 1995; and                                          |
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16|    2.  Elementary, middle and junior high schools shall meet the      |
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17|accreditation standards not later than June 30, 1999.                  |
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18|    Schools shall thereafter continue to meet the accreditation        |
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19|standards as a condition of continued accreditation.  Nothing herein   |
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20|shall be construed as preventing changes to the adopted standards by   |
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21|the State Board of Education pursuant to the Administrative            |
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22|Procedures Act.                                                        |
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23|    D.  If one or more school sites fails to receive accreditation     |
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24|as required pursuant to this section by the dates set forth in         |
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arsid8531759 SB193 HFLR                                            Page 3
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 1|subsection C of this section or subsequently loses accreditation,      |
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 2|the State Board of Education shall close the school and reassign the   |
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 3|students to accredited schools within the district or shall annex      |
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 4|the district to one or more other districts in which the students      |
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 5|can be educated in accredited schools.                                 |
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 6|    E.  Standards for accreditation adopted by the State Board of      |
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 7|Education shall include standards relating to the provision of         |
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 8|educational services provided in partial hospitalization programs,     |
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 9|day treatment programs, day hospital programs, residential treatment   |
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10|programs and emergency shelter programs for persons between the ages   |
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11|of three (3) and twenty-one (21) years of age.  The accreditation      |
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12|standards shall apply to onsite and offsite educational services       |
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13|provided by public school districts or state-accredited private        |
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14|schools.  The accreditation standards shall provide for warnings,      |
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15|probation or nonaccredited status for schools that fail to meet the    |
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16|standards.  Each school which is providing or is required to provide   |
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17|educational services for students placed in a program as described     |
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18|in this subsection shall be actively monitored by the State            |
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19|Department of Education.  The Department shall determine on an         |
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20|ongoing basis if the educational program and services are in           |
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21|compliance with the accreditation standards.  The Department shall     |
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22|investigate a complaint of failure to provide educational services     |
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23|within ten (10) days of receiving the complaint.  If the Department    |
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24|determines that a school has failed to comply with the accreditation   |
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arsid8531759 SB193 HFLR                                            Page 4
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 1|standards the Department shall report the recommended warning,         |
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 2|probation or nonaccredited accreditation status to the State Board     |
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 3|of Education within sixty (60) days.  If a school does not take        |
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 4|action to comply with the accreditation standards within ninety (90)   |
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 5|days after a report is filed by the Department, the Board shall        |
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 6|withdraw accreditation for the school.                                 |
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 7|    F.  State Board accreditation regulations shall provide for        |
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 8|warnings and for assistance to schools and school districts whenever   |
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 9|there is reason to believe a school is in danger of losing its state   |
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10|accreditation.                                                         |
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11|    G.  The State Board shall provide assistance to districts in       |
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12|considering the possibility of meeting accreditation requirements      |
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13|through the use of nontraditional means of instruction.  The State     |
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14|Board shall also assist districts in forming cooperatives and making   |
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15|arrangements for the use of satellite instruction or other             |
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16|instructional technologies to the extent that use of such              |
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17|instructional means meets accreditation standards.                     |
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18|    H.  1.  Accreditation shall not be withdrawn from or denied nor    |
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19|shall a penalty be assessed against a school or school district for    |
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20|failing to meet the media materials and equipment standards and        |
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21|media program expenditure standards as set forth in the                |
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22|accreditation standards adopted by the Board.                          |
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23|    2.  The provisions of paragraph 1 of this subsection shall cease   |
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24|to be effective during a the fiscal year immediately following a       |
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arsid8531759 SB193 HFLR                                            Page 5
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 1|fiscal year that the state financial support of public schools         |
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 2|provides an amount equal to or more than Three Thousand Two Hundred    |
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 3|Ninety-one Dollars and sixty cents ($3,291.60) per weighted average    |
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 4|daily membership as calculated pursuant to Section 18-200.1 of this    |
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 5|title and reported to school districts by the State Department of      |
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 6|Education on the initial tentative State Aid allocation notice which   |
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 7|begins on the July 1 immediately succeeding the legislative session    |
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 8|during which the measure appropriating monies to the State Board of    |
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 9|Education for the financial support of public schools is enacted as    |
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10|law and such appropriation amount is at least Sixty-seven Million      |
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11|Dollars ($67,000,000.00) greater than the amount of money              |
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12|appropriated to the State Board of Education for the financial         |
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13|support of public schools for the fiscal year ending June 30, 2019,    |
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14|pursuant to Chapter 146, O.S.L. 2018.  Provided, the Sixty-seven       |
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15|Million Dollars ($67,000,000.00) shall not include any amount of       |
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16|appropriations dedicated for support or certified employee salary      |
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17|increases.                                                             |
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18|    3.  If the amount set and calculated as provided for in            |
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19|paragraph 2 of this subsection is reduced by one percent (1%) or       |
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20|more as reported to school districts by the Department on the          |
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21|initial tentative State Aid allocation notice for the following        |
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22|fiscal year, the provisions of paragraph 2 of this subsection shall    |
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23|cease to be effective and the provisions of paragraph 1 of this        |
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24|subsection shall continue to be effective.                             |
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arsid8531759 SB193 HFLR                                            Page 6
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 1|    I.  1.  The State Board shall not assess a financial penalty       |
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 2|against any school district which is given a deficiency in             |
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 3|accreditation status during any fiscal year as provided for in this    |
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 4|subsection.                                                            |
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 5|    2.  The provisions of paragraph 1 of this subsection shall cease   |
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 6|to be effective during a fiscal year immediately following a fiscal    |
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 7|year that the state financial support of public schools provides an    |
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 8|amount equal to or more than Three Thousand Two Hundred Ninety-one     |
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 9|Dollars and sixty cents ($3,291.60) per weighted average daily         |
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10|membership as calculated pursuant to Section 18-200.1 of this title    |
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11|and reported to school districts by the State Department of            |
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12|Education on the initial tentative State Aid allocation notice for     |
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13|school districts that do not comply with the class size limitations    |
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14|for kindergarten as provided in Section 18-113.2 of this title and     |
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15|class size limitations for grade one as provided in subsection A of    |
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16|Section 18-113.1 of this title during the fiscal year which begins     |
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17|on the July 1 immediately succeeding the legislative session during    |
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18|which the measure appropriating monies to the State Board of           |
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19|Education for the financial support of public schools is enacted as    |
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20|law and such appropriation amount is at least Sixty-seven Million      |
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21|Dollars ($67,000,000.00) greater than the amount of money              |
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22|appropriated to the State Board of Education for the financial         |
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23|support of public schools for the fiscal year ending June 30, 2019,    |
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24|pursuant to Chapter 146, O.S.L. 2018.  Provided, the Sixty-seven       |
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arsid8531759 SB193 HFLR                                            Page 7
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 1|Million Dollars ($67,000,000.00) shall not include any amount of       |
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 2|appropriations dedicated for support or certified employee salary      |
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 3|increases.                                                             |
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 4|    3.  If the amount set and calculated as provided for in            |
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 5|paragraph 2 of this subsection is reduced by one percent (1%) or       |
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 6|more as reported to school districts by the Department on the          |
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 7|initial tentative State Aid allocation notice for the following        |
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 8|fiscal year, the provisions of paragraph 2 of this subsection shall    |
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 9|cease to be effective and the provisions of paragraph 1 of this        |
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10|subsection shall continue to be effective The State Department of      |
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11|Education shall submit a report on statewide classroom sizes to the    |
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12|Speaker of the Oklahoma House of Representatives and the President     |
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13|Pro Tempore of the Oklahoma State Senate no later than January 1,      |
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14|2022.                                                                  |
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15|    J.  Accreditation shall not be withdrawn from or denied, nor       |
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16|shall a penalty be assessed against, a school district for complying   |
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17|with this section.                                                     |
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18|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 3-167, as      |
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19|last amended by Section 2, Chapter 253, O.S.L. 2016 (70 O.S. Supp.     |
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20|2018, Section 3-167), is amended to read as follows:                   |
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21|    Section 3-167.  A.  1.  The State Board of Education shall         |
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22|exempt all school districts from or waive any policy, rule or law      |
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23|which requires school districts to form, convene, or participate in    |
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24|any advisory council or committee, including but not limited to the    |
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arsid8531759 SB193 HFLR                                            Page 8
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 1|requirement to convene an advisory council when preparing the school   |
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 2|improvement plan as set forth in Section 5-117.4 of this title.        |
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 3|    2.  The provisions of paragraph 1 of this subsection shall cease   |
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 4|to be effective during a the fiscal year immediately following a       |
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 5|fiscal year that the state financial support of public schools         |
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 6|provides an amount equal to or more than Three Thousand Two Hundred    |
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 7|Ninety-one Dollars and sixty cents ($3,291.60) per weighted average    |
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 8|daily membership as calculated pursuant to Section 18-200.1 of this    |
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 9|title and reported to school districts by the State Department of      |
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10|Education on the initial tentative State Aid allocation notice which   |
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11|begins on the July 1 immediately succeeding the legislative session    |
  |                                                                       |
12|during which the measure appropriating monies to the State Board of    |
  |                                                                       |
13|Education for the financial support of public schools is enacted as    |
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14|law and such appropriation amount is at least Sixty-seven Million      |
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15|Dollars ($67,000,000.00) greater than the amount of money              |
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16|appropriated to the State Board of Education for the financial         |
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17|support of public schools for the fiscal year ending June 30, 2019,    |
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18|pursuant to Chapter 146, O.S.L. 2018.  Provided, the Sixty-seven       |
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19|Million Dollars ($67,000,000.00) shall not include any amount of       |
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20|appropriations dedicated for support or certified employee salary      |
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21|increases.                                                             |
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22|    3.  If the amount set and calculated as provided for in            |
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23|paragraph 2 of this subsection is reduced by one percent (1%) or       |
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24|more as reported to school districts by the Department on the          |
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arsid8531759 SB193 HFLR                                            Page 9
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 1|initial tentative State Aid allocation notice for the following        |
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 2|fiscal year, the provisions of paragraph 2 of this subsection shall    |
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 3|cease to be effective and the provisions of paragraph 1 of this        |
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 4|subsection shall continue to be effective.                             |
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 5|    B.  School districts shall not be exempted from forming,           |
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 6|convening or participating in an advisory council or committee if      |
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 7|required by federal law or regulation.                                 |
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 8|    SECTION 3.     AMENDATORY     70 O.S. 2011, Section 16-111, as     |
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 9|last amended by Section 3, Chapter 253, O.S.L. 2016 (70 O.S. Supp.     |
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10|2018, Section 16-111), is amended to read as follows:                  |
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11|    Section 16-111.  A.  Except as otherwise provided for in           |
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12|subsection E of this section, the superintendent of schools of each    |
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13|school district in the state shall appoint a local textbook            |
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14|committee consisting of not fewer than three nor more than nine        |
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15|members.  Each committee shall have one lay member, with the           |
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16|remainder of the members being teachers employed in the public         |
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17|schools of the district, a majority of whom shall be classroom         |
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18|teachers.  The superintendent of schools or a designee who shall be    |
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19|a principal or a curriculum specialist shall serve as chairperson of   |
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20|the local textbook committee.                                          |
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21|    B.  Upon the written request of any duly appointed local           |
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22|textbook coordinator, the publisher of a textbook selected by the      |
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23|State Textbook Committee shall furnish at least one examination copy   |
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24|of the textbook and the teacher edition of the textbook, if one is     |
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arsid8531759 SB193 HFLR                                            Page 10
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 1|published, and a copy of software for purposes of complete             |
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 2|demonstration and review, if available, to the school district so      |
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 3|that the local textbook committee may examine any or all new           |
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 4|adoptions in the subjects taught or to be taught in schools in the     |
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 5|district.                                                              |
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 6|    C.  Except as otherwise provided for in subsection E of this       |
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 7|section, on or before a date to be fixed by the State Board of         |
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 8|Education, each local textbook committee shall adopt textbooks from    |
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 9|the multiple list selected by the State Textbook Committee in a        |
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10|manner as shall be prescribed by the State Board of Education.  Each   |
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11|local textbook committee shall serve without compensation and shall    |
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12|cease to exist when local adoptions have been completed and shall be   |
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13|replaced by another local textbook committee appointed in the same     |
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14|manner as provided for in this section.                                |
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15|    D.  Except as otherwise provided for in subsection E of this       |
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16|section, on or before a date to be fixed by the State Board of         |
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17|Education, the superintendent of each school district shall submit     |
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18|to the State Board of Education a textbook plan outlining the          |
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19|estimated number of textbooks needed by the school district and the    |
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20|total amount of money to be expended by the district for textbooks     |
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21|including the allocated funds and any additional supplemental funds    |
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22|to be expended.  The superintendent or textbook coordinator            |
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23|appointed by the superintendent, shall place orders from the proper    |
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24|depository or depositories for all of the textbooks needed as          |
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arsid8531759 SB193 HFLR                                            Page 11
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 1|outlined in the textbook plan by the district for the ensuing year.    |
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 2|The superintendent of a school district or textbook coordinator may    |
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 3|order any textbooks placed on the official multiple textbook list.     |
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 4|If the order exceeds the allocation for each school district as        |
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 5|provided in Section 16-114a of this title any additional funds         |
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 6|expended shall be reported on the statement of expenditures for the    |
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 7|district.                                                              |
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 8|    E.  1.  If a school district makes the election as provided for    |
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 9|in subsection B of Section 16-114a of this title, the district shall   |
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10|not be required to appoint a local textbook committee, adopt           |
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11|textbooks, submit a textbook plan, or expend money on the purchase     |
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12|of textbooks during any fiscal year as provided for in this            |
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13|subsection.                                                            |
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14|    2.  The provisions of paragraph 1 of this subsection shall cease   |
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15|to be effective during a the fiscal year immediately following a       |
  |                                                                       |
16|fiscal year that the state financial support of public schools         |
  |                                                                       |
17|provides an amount equal to or more than Three Thousand Two Hundred    |
  |                                                                       |
18|Ninety-one Dollars and sixty cents ($3,291.60) per weighted average    |
  |                                                                       |
19|daily membership as calculated pursuant to Section 18-200.1 of this    |
  |                                                                       |
20|title and reported to school districts by the State Department of      |
  |                                                                       |
21|Education on the initial tentative State Aid allocation notice which   |
  |                                                                       |
22|begins on the July 1 immediately succeeding the legislative session    |
  |                                                                       |
23|during which the measure appropriating monies to the State Board of    |
  |                                                                       |
24|Education for the financial support of public schools is enacted as    |
  |                                                                       |
arsid8531759 SB193 HFLR                                            Page 12
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 1|law and such appropriation amount is at least Sixty-seven Million      |
  |                                                                       |
 2|Dollars ($67,000,000.00) greater than the amount of money              |
  |                                                                       |
 3|appropriated to the State Board of Education for the financial         |
  |                                                                       |
 4|support of public schools for the fiscal year ending June 30, 2019,    |
  |                                                                       |
 5|pursuant to Chapter 146, O.S.L. 2018.  Provided, the Sixty-seven       |
  |                                                                       |
 6|Million Dollars ($67,000,000.00) shall not include any amount of       |
  |                                                                       |
 7|appropriations dedicated for support or certified employee salary      |
  |                                                                       |
 8|increases.                                                             |
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 9|    3.  If the amount set and calculated as provided for in            |
  |                                                                       |
10|paragraph 2 of this subsection is reduced by one percent (1%) or       |
  |                                                                       |
11|more as reported to school districts by the Department on the          |
  |                                                                       |
12|initial tentative State Aid allocation notice for the following        |
  |                                                                       |
13|fiscal year, the provisions of paragraph 2 of this subsection shall    |
  |                                                                       |
14|cease to be effective and the provisions of paragraph 1 of this        |
  |                                                                       |
15|subsection shall continue to be effective.                             |
  |                                                                       |
16|    SECTION 4.  This act shall become effective July 1, 2019.          |
  |                                                                       |
17|    SECTION 5.  It being immediately necessary for the preservation    |
  |                                                                       |
18|of the public peace, health or safety, an emergency is hereby          |
  |                                                                       |
19|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
20|be in full force from and after its passage and approval.              |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated     |
  |04/11/2019 - DO PASS, As Amended and Coauthored.                       |
23|                                                                       |
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24|                                                                       |
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arsid8531759 SB193 HFLR                                            Page 13
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