Bill Text For SB0206 - Committee Substitute

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 57th Legislature (2019)                |
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 3|COMMITTEE SUBSTITUTE                                                   |
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 4|SENATE BILL 206                      By: Boren and Stanley             |
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 7|                        COMMITTEE SUBSTITUTE                           |
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 8|       An Act relating to public school textbooks; amending            |
  |       70 O.S. 2011, Section 16-111, as last amended by                |
 9|       Section 3, Chapter 253, O.S.L. 2016 (70 O.S. Supp.              |
  |       2018, Section 16-111), which relates to textbook                |
10|       committees; requiring certain publisher to furnish              |
  |       certain copy of instructional materials, including              |
11|       certain teacher's edition; allowing members of a                |
  |       textbook committee to receive compensation; removing            |
12|       language allowing school districts to be exempt from            |
  |       certain requirements when the state financial support           |
13|       of public schools is below certain amount; amending             |
  |       70 O.S. 2011, Section 16-114a, as last amended by               |
14|       Section 4, Chapter 253, O.S.L. 2016 (70 O.S. Supp.              |
  |       2018, Section 16-114a), which relates to textbook               |
15|       allocations; modifying references; removing language            |
  |       directing school districts seeking certain                      |
16|       flexibility to make certain demonstration to the                |
  |       State Board of Education; providing an effective                |
17|       date; and declaring an emergency.                               |
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19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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20|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 16-111, as     |
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21|last amended by Section 3, Chapter 253, O.S.L. 2016 (70 O.S. Supp.     |
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22|2018, Section 16-111), is amended to read as follows:                  |
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23|    Section 16-111.  A.  Except as otherwise provided for in           |
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24|subsection E of this section, the The superintendent of schools of     |
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   Req. No. 1923                                                   Page 1
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 1|each independent or dependent public school district in the state      |
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 2|shall appoint a local textbook committee consisting of not fewer       |
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 3|than three nor more than nine members.  Each committee shall have      |
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 4|one lay member, with the remainder of the members being teachers       |
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 5|employed in the public schools of the district, a majority of whom     |
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 6|shall be classroom teachers.  The superintendent of schools or a       |
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 7|designee who shall be a principal or a curriculum specialist shall     |
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 8|serve as chairperson of the local textbook committee.                  |
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 9|    B.  Upon the written request of any duly appointed local           |
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10|textbook coordinator, the publisher of a textbook or instructional     |
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11|materials selected by the State Textbook Committee shall furnish at    |
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12|least one examination copy of the textbook or instructional            |
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13|materials, including supplementary items, and the teacher edition of   |
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14|the textbook or instructional materials, if one a teacher's edition    |
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15|of the textbook or instructional materials is published, and a copy    |
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16|of software for purposes of complete demonstration and review, if      |
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17|available, to the school district so that the local textbook           |
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18|committee may examine any or all new adoptions in the subjects         |
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19|taught or to be taught in schools in the district.                     |
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20|    C.  Except as otherwise provided for in subsection E of this       |
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21|section, on On or before a date to be fixed by the State Board of      |
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22|Education, each local textbook committee shall adopt textbooks from    |
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23|the multiple list selected by the State Textbook Committee in a        |
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24|manner as shall be prescribed by the State Board of Education.  Each   |
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   Req. No. 1923                                                   Page 2
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 1|local Members of each textbook committee shall serve without           |
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 2|compensation and may be compensated with extra duty pay to cover the   |
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 3|time and labor expended to serve on the textbook committee.  The       |
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 4|committee shall cease to exist when local adoptions have been          |
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 5|completed and shall be replaced by another local textbook committee    |
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 6|appointed in the same manner as provided for in this section.          |
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 7|    D.  Except as otherwise provided for in subsection E of this       |
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 8|section, on On or before a date to be fixed by the State Board of      |
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 9|Education, the superintendent of each independent or dependent         |
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10|public school district shall submit to the State Board of Education    |
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11|a textbook plan outlining the estimated number of textbooks needed     |
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12|by the school district and the total amount of money to be expended    |
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13|by the district for textbooks including the allocated funds and any    |
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14|additional supplemental funds to be expended.  The superintendent or   |
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15|textbook coordinator appointed by the superintendent, shall place      |
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16|orders from the proper depository or depositories for all of the       |
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17|textbooks needed as outlined in the textbook plan by the district      |
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18|for the ensuing year.  The superintendent of a school district or      |
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19|textbook coordinator may order any textbooks placed on the official    |
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20|multiple textbook list.  If the order exceeds the allocation for       |
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21|each school district as provided in Section 16-114a of this title      |
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22|any additional funds expended shall be reported on the statement of    |
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23|expenditures for the district.                                         |
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   Req. No. 1923                                                   Page 3
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 1|    E.  1.  If a school district makes the election as provided for    |
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 2|in subsection B of Section 16-114a of this title, the district shall   |
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 3|not be required to appoint a local textbook committee, adopt           |
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 4|textbooks, submit a textbook plan, or expend money on the purchase     |
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 5|of textbooks during any fiscal year as provided for in this            |
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 6|subsection.                                                            |
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 7|    2.  The provisions of paragraph 1 of this subsection shall cease   |
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 8|to be effective during a fiscal year immediately following a fiscal    |
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 9|year that the state financial support of public schools provides an    |
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10|amount equal to or more than Three Thousand Two Hundred Ninety-one     |
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11|Dollars and sixty cents ($3,291.60) per weighted average daily         |
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12|membership as calculated pursuant to Section 18-200.1 of this title    |
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13|and reported to school districts by the State Department of            |
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14|Education on the initial tentative State Aid allocation notice.        |
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15|    3.  If the amount set and calculated as provided for in            |
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16|paragraph 2 of this subsection is reduced by one percent (1%) or       |
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17|more as reported to school districts by the Department on the          |
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18|initial tentative State Aid allocation notice for the following        |
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19|fiscal year, the provisions of paragraph 2 of this subsection shall    |
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20|cease to be effective and the provisions of paragraph 1 of this        |
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21|subsection shall continue to be effective.                             |
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22|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 16-114a, as    |
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23|last amended by Section 4, Chapter 253, O.S.L. 2016 (70 O.S. Supp.     |
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24|2018, Section 16-114a), is amended to read as follows:                 |
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   Req. No. 1923                                                   Page 4
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 1|    Section 16-114a.  A.  Based upon legislative appropriations, the   |
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 2|State Board of Education shall determine the textbook allocation to    |
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 3|be distributed to each independent or dependent public school          |
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 4|district in the state.  Each year the textbook allocation for each     |
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 5|independent or dependent public school district shall be calculated    |
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 6|and distributed in July and adjusted in December.  The initial         |
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 7|allocation shall be calculated based on the audited end-of-year        |
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 8|average daily attendance of the preceding school year multiplied by    |
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 9|Fifty-five Dollars ($55.00).  The initial allocation shall be          |
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10|calculated and distributed to each independent or dependent public     |
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11|school district in July.  The December adjustment shall be             |
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12|calculated by multiplying the audited first nine (9) weeks' average    |
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13|daily attendance for that current school year by Fifty-five Dollars    |
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14|($55.00) and subtracting from that amount the amount of the initial    |
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15|allocation.  The adjustment shall be calculated in December and        |
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16|distributed to each eligible independent or dependent public school    |
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17|district no later than January 15.  A An independent or dependent      |
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18|public school district shall receive an adjustment only if the         |
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19|adjustment figure as calculated in this section is greater than        |
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20|zero.  The State Department of Education shall retain from the total   |
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21|amount appropriated for textbooks not less than one percent (1%) of    |
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22|the total amount to be used for the purpose of making the              |
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23|adjustments.  If the amount appropriated, including the retained       |
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24|amount, is not sufficient to fully fund the adjusted allocation,       |
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   Req. No. 1923                                                   Page 5
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 1|each independent or dependent public school district eligible for an   |
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 2|adjustment shall receive a proportionate reduction in funding.  Any    |
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 3|unused portion of the value of textbooks allowed to a an independent   |
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 4|or dependent public school district shall be cumulative and may be     |
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 5|carried over by the independent or dependent public school district    |
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 6|to subsequent fiscal years, in addition to the allocation it is        |
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 7|entitled to receive during that fiscal year.                           |
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 8|    B.  A school district seeking flexibility in the use of            |
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 9|state-appropriated funding allocated pursuant to this section for      |
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10|textbooks shall be required to demonstrate to the State Board of       |
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11|Education that the textbooks and instructional materials used by the   |
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12|district for the subject areas being considered in the current         |
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13|textbook adoption cycle are current and appropriate for student        |
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14|learning.  Subject to the provisions of subsection E of Section        |
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15|16-111 of this title, a school district that has received textbook     |
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16|funding flexibility approval from the Board may elect to expend any    |
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17|monies allocated pursuant to this section for textbooks, including     |
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18|any monies carried over as authorized pursuant to subsection A of      |
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19|this section, for any purpose related to the support and maintenance   |
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20|of the school district as determined by the board of education of      |
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21|the school district.                                                   |
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22|    C.  All textbooks distributed to a an independent or dependent     |
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23|public school district that have been destroyed by fire or other       |
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24|hazard shall be replaced by the State Board of Education.  The total   |
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   Req. No. 1923                                                   Page 6
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 1|cost of all additional textbooks delivered to independent or           |
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 2|dependent public school districts to replace those destroyed by fire   |
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 3|or other hazard shall not exceed, for the entire state in any fiscal   |
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 4|year, the aggregate sum of One Hundred Thousand Dollars                |
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 5|($100,000.00), which sum shall be reserved for that purpose from any   |
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 6|appropriation made to carry out the provision of this section for      |
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 7|any fiscal year.                                                       |
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 8|    SECTION 3.  This act shall become effective July 1, 2019.          |
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 9|    SECTION 4.  It being immediately necessary for the preservation    |
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10|of the public peace, health or safety, an emergency is hereby          |
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11|declared to exist, by reason whereof this act shall take effect and    |
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12|be in full force from and after its passage and approval.              |
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14|    57-1-1923      EB        2/26/2019 11:19:15 AM                     |
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   Req. No. 1923                                                   Page 7
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