Bill Text For SB0229 - 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 58th Legislature (2021)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 5|SENATE BILL NO. 229                  By: Montgomery of the Senate      |
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 6|                                         and                           |
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 7|                                         Hilbert of the House          |
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10|                        COMMITTEE SUBSTITUTE                           |
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11|       [ school funding - directing apportionment to State             |
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12|         Public Common School Building Equalization Fund -             |
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13|         State Board of Education - school accreditation               |
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14|         standards - charter school funding - State Aid for            |
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15|         a charter school - legal average daily attendance             |
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16|         calculation           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     68 O.S. 2011, Section 2352, as       |
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21|last amended by Section 3, Chapter 15, O.S.L. 2020 (68 O.S. Supp.      |
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22|2020, Section 2352), is amended to read as follows:                    |
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23|    Section 2352.  It is hereby declared to be the purpose of          |
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24|Section 2351 et seq. of this title to provide revenue for general      |
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arsid13772329 SB229 HFLR                                           Page 1
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 1|governmental functions of state government; and, for that purpose      |
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 2|and to that end, it is expressly declared that the revenue derived     |
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 3|herefrom and penalties and interest thereon, subject to the            |
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 4|apportionment requirements for the Rebuilding Oklahoma Access and      |
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 5|Driver Safety Fund, the Oklahoma Tourism and Passenger Rail            |
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 6|Revolving Fund, the Public Transit Revolving Fund, and the Education   |
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 7|Reform Revolving Fund to be derived from income tax revenue that       |
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 8|would otherwise be apportioned to the General Revenue Fund as          |
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 9|provided by Section 1521 of Title 69 of the Oklahoma Statutes,         |
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10|subject to the apportionment requirements for the Oklahoma Tax         |
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11|Commission and Office of Management and Enterprise Services Joint      |
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12|Computer Enhancement Fund provided by Section 265 of this title, and   |
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13|subject to the apportionment requirements for the Oklahoma State       |
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14|Capitol Building Repair and Restoration Fund provided by Section 19    |
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15|of Title 73 of the Oklahoma Statutes, shall be distributed as          |
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16|follows:                                                               |
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17|    1.  For the fiscal year beginning July 1, 2002, the first Five     |
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18|Million Eight Hundred Thousand Dollars ($5,800,000.00) of revenue      |
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19|derived pursuant to the provisions of subsections A, B and E of        |
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20|Section 2355 of this title shall be apportioned to the Education       |
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21|Reform Revolving Fund.  The Except as otherwise provided by            |
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22|paragraph 4 of this section, the remainder of such revenue for the     |
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23|fiscal year beginning July 1, 2002, and all such revenue for each      |
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24|fiscal year thereafter shall be apportioned monthly as follows:        |
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arsid13772329 SB229 HFLR                                           Page 2
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 1|         a.   the following amounts shall be paid to the State         |
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 2|              Treasurer to be placed to the credit of the General      |
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 3|              Revenue Fund of the state for such fiscal year for the   |
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 4|              support of the state government to be paid out only      |
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 5|              pursuant to appropriation by the Legislature:            |
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 6|              Fiscal Year                                 Amount       |
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 7|              FY 2003 and FY 2004                     87.12%           |
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 8|              FY 2005                                 86.91%           |
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 9|              FY 2006                                 86.66%           |
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10|              FY 2007                                 86.16%           |
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11|              FY 2008 through FY 2022                 85.66%           |
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12|              FY 2023 through FY 2027                 85.16%           |
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13|              FY 2028 and each fiscal year thereafter85.66%,           |
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14|         b.    the following amounts shall be paid to the State        |
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15|              Treasurer to be placed to the credit of the Education    |
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16|              Reform Revolving Fund of the State Department of         |
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17|              Education:                                               |
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18|              (1)   for FY 2003 through FY 2020, eight and             |
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19|                   thirty-four one-hundredths percent (8.34%),         |
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20|              (2)   for FY 2021:                                       |
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21|                   (a)  for the month beginning July 1, 2020,          |
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22|                        through the month ending August 31, 2020,      |
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23|                        eight and thirty-four one-hundredths percent   |
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24|                        (8.34%), and                                   |
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arsid13772329 SB229 HFLR                                           Page 3
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 1|                   (b)  for the month beginning September 1, 2020,     |
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 2|                        through the month ending June 30, 2021, nine   |
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 3|                        and eighty-four one-hundredths percent         |
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 4|                        (9.84%),                                       |
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 5|              (3)   for FY 2022, nine and fifty-nine one-hundredths    |
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 6|                   percent (9.59%), and                                |
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 7|              (4)   for FY 2023 and each fiscal year thereafter,       |
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 8|                   eight and thirty-four one-hundredths percent        |
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 9|                   (8.34%) shall be paid to the State Treasurer to     |
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10|                   be placed to the credit of the Education Reform     |
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11|                   Revolving Fund,                                     |
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12|         c.    the following amounts shall be paid to the State        |
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13|              Treasurer to be placed to the credit of the Teachers'    |
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14|              Retirement System Dedicated Revenue Revolving Fund:      |
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15|              Fiscal Year                                 Amount       |
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16|              FY 2003 and FY 2004                      3.54%           |
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17|              FY 2005                                  3.75%           |
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18|              FY 2006                                   4.0%           |
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19|              FY 2007                                   4.5%           |
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20|              FY 2008 through FY 2020                   5.0%           |
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21|              FY 2021:                                                 |
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22|              (1)  for the month beginning                             |
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23|                   July 1, 2020, through                               |
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24|                                                                       |
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arsid13772329 SB229 HFLR                                           Page 4
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 1|                   the month ending August                             |
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 2|                   31, 2020  5.0%                                      |
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 3|              (2)for the month beginning September 1, 2020, through    |
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 4|                   the month ending June 30, 2021       3.5%           |
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 5|              FY 2022                                  3.75%           |
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 6|              FY 2023 through FY 2027                   5.5%           |
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 7|              FY 2028 and each fiscal                                  |
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 8|                year thereafter                         5.0%           |
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 9|         d.    for FY 2003 and each fiscal year thereafter, one        |
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10|              percent (1%) shall be placed to the credit of the Ad     |
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11|              Valorem Reimbursement Fund;                              |
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12|    2.  Beginning July 1, 2003, for any period of time as certified    |
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13|by the Oklahoma Development Finance Authority and the Oklahoma         |
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14|Department of Commerce to be necessary for the repayment of            |
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15|obligations issued by the Oklahoma Development Finance Authority       |
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16|pursuant to Section 3654 of this title if the other sources of         |
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17|revenue paid to or apportioned to the Quality Jobs Program Incentive   |
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18|Leverage Fund are not adequate, including the proceeds from payment    |
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19|pursuant to the guaranty required by subsection M of Section 3654 of   |
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20|this title, an amount certified by the Oklahoma Development Finance    |
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21|Authority to the Oklahoma Tax Commission shall be apportioned to the   |
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22|Quality Jobs Program Incentive Leverage Fund before any other          |
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23|apportionments are made as otherwise authorized by this paragraph.     |
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24|The Oklahoma Development Finance Authority shall certify to the        |
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arsid13772329 SB229 HFLR                                           Page 5
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 1|Oklahoma Tax Commission the time as of which the revenue authorized    |
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 2|for apportionment pursuant to this paragraph is no longer required.    |
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 3|After the certification, the revenue derived from the income tax       |
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 4|shall be apportioned in the manner otherwise provided by this          |
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 5|section.  Except as otherwise provided by this paragraph, for the      |
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 6|fiscal year beginning July 1, 2002, the first Forty-one Million One    |
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 7|Hundred Ninety Thousand Eight Hundred Dollars ($41,190,800.00) of      |
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 8|revenue derived pursuant to the provisions of subsections D and E of   |
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 9|Section 2355 of this title shall be apportioned to the Education       |
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10|Reform Revolving Fund.  The remainder of such revenue for the fiscal   |
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11|year beginning July 1, 2002, and all such revenue for each fiscal      |
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12|year thereafter, subject to the apportionment requirements for the     |
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13|Oklahoma Tax Commission and Office of Management and Enterprise        |
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14|Services Joint Computer Enhancement Fund provided by Section 265 of    |
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15|this title, shall be apportioned monthly as follows:                   |
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16|         a.    the following amounts shall be paid to the State        |
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17|              Treasurer to be placed to the credit of the General      |
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18|              Revenue Fund of the state for such fiscal year for the   |
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19|              support of the state government to be paid out only      |
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20|              pursuant to appropriation by the Legislature:            |
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21|              Fiscal Year                                 Amount       |
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22|              FY 2003 and FY 2004                     78.96%           |
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23|              FY 2005                                 78.75%           |
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24|              FY 2006                                 78.50%           |
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arsid13772329 SB229 HFLR                                           Page 6
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 1|              FY 2007                                  78.0%           |
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 2|              (1)  (a)  FY 2018 through FY 2022                        |
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 3|                        until the apportionment to                     |
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 4|                        the General Revenue Fund                       |
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 5|                        equals the moving                              |
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 6|                        five-year average amount                       |
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 7|                        for corporate income tax                       |
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 8|                        as prescribed by paragraph                     |
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 9|                        3 of this section  77.50%                      |
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10|                   (b)FY 2023 through FY 2027 until the                |
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11|                        apportionment to the General Revenue Fund      |
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12|                        equals the moving five-year average amount     |
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13|                        for corporate income tax as prescribed by      |
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14|                        paragraph 3 of this section  77.00%            |
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15|                   (c)FY 2028 and each fiscal year thereafter until    |
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16|                        the apportionment to the General Revenue       |
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17|                        Fund equals the moving five-year average       |
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18|                        amount for corporate income tax as             |
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19|                        prescribed by paragraph 3 of this section      |
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20|                        77.50%                                         |
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21|              (2)   there shall be apportioned from the tax levy       |
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22|                   imposed on corporate income tax to the Revenue      |
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23|                   Stabilization Fund created by Section 34.102 of     |
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24|                   Title 62 of the Oklahoma Statutes, or to the        |
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arsid13772329 SB229 HFLR                                           Page 7
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 1|                   Constitutional Reserve Fund, as provided by         |
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 2|                   Section 34.102 34.103 of Title 62 of the Oklahoma   |
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 3|                   Statutes, the amount of revenue, if any, which      |
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 4|                   exceeds the moving five-year average amount as      |
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 5|                   defined pursuant to paragraph 3 of this section,    |
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 6|         b.    the following amounts shall be paid to the State        |
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 7|              Treasurer to be placed to the credit of the Education    |
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 8|              Reform Revolving Fund of the State Department of         |
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 9|              Education:                                               |
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10|              (1)   for FY 2003 through FY 2020, sixteen and           |
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11|                   five-tenths percent (16.5%),                        |
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12|              (2)   for FY 2021:                                       |
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13|                   (a)  for the month beginning July 1, 2020,          |
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14|                        through the month ending August 31, 2020,      |
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15|                        sixteen and five-tenths percent (16.5%), and   |
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16|                   (b)  for the month beginning September 1, 2020,     |
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17|                        through the month ending June 30, 2021,        |
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18|                        eighteen percent (18%),                        |
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19|              (3)   for FY 2022, seventeen and seventy-five            |
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20|                   one-hundredths percent (17.75%), and                |
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21|              (4)   for FY 2023 and each fiscal year thereafter,       |
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22|                   sixteen and five-tenths percent (16.5%),            |
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23|                                                                       |
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24|                                                                       |
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arsid13772329 SB229 HFLR                                           Page 8
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 1|         c.    the following amounts shall be paid to the State        |
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 2|              Treasurer to be placed to the credit of the Teachers'    |
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 3|              Retirement System Dedicated Revenue Revolving Fund:      |
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 4|              Fiscal Year                                 Amount       |
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 5|              FY 2003 and FY 2004                      3.54%           |
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 6|              FY 2005                                  3.75%           |
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 7|              FY 2006                                   4.0%           |
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 8|              FY 2007                                   4.5%           |
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 9|              FY 2008 through FY 2020                   5.0%           |
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10|              FY 2021:                                                 |
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11|              (1)  for the month beginning                             |
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12|                   July 1, 2020, through                               |
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13|                   the month ending August                             |
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14|                   31, 2020  5.0%                                      |
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15|              (2)  for the month beginning                             |
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16|                   September 1, 2020,                                  |
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17|                   through the month ending                            |
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18|                   June 30, 2021    3.5%                               |
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19|              FY 2022                                  3.75%           |
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20|              FY 2023 through FY 2027                   5.5%           |
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21|              FY 2028 and each fiscal                                  |
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22|                year thereafter                         5.0%           |
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23|                                                                       |
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24|                                                                       |
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arsid13772329 SB229 HFLR                                           Page 9
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 1|         d.    for FY 2003 and each fiscal year thereafter, one        |
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 2|              percent (1%) shall be placed to the credit of the Ad     |
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 3|              Valorem Reimbursement Fund; and                          |
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 4|    3.  "Moving five-year average for corporate income tax" means,     |
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 5|for purposes of the apportionments prescribed by this section, the     |
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 6|amount of income tax on corporations, as determined by the State       |
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 7|Board of Equalization in the manner prescribed by Section 34.103 of    |
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 8|Title 62 of the Oklahoma Statutes; and                                 |
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 9|    4.  For the fiscal year beginning July 1, 2021, and for each       |
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10|fiscal year thereafter, before any other apportionment otherwise       |
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11|required by this section is made to the General Revenue Fund, there    |
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12|shall be apportioned to the State Public Common School Building        |
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13|Equalization Fund an amount, if any, as required pursuant to the       |
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14|provisions of Section 3-104 of Title 70 of the Oklahoma Statutes.      |
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15|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 3-104, as      |
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16|last amended by Section 1, Chapter 271, O.S.L. 2013 (70 O.S. Supp.     |
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17|2020, Section 3-104), is amended to read as follows:                   |
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18|    Section 3-104.  A.  The supervision of the public school system    |
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19|of Oklahoma shall be vested in the State Board of Education and,       |
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20|subject to limitations otherwise provided by law, the State Board of   |
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21|Education shall:                                                       |
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22|    1.  Adopt policies and make rules for the operation of the         |
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23|public school system of the state;                                     |
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arsid13772329 SB229 HFLR                                           Page 10
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 1|    2.  Appoint, prescribe the duties and fix the compensation of a    |
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 2|secretary, an attorney and all other personnel necessary for the       |
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 3|proper performance of the functions of the State Board of Education.   |
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 4| The secretary shall not be a member of the Board;                     |
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 5|    3.  Submit to the Governor a departmental budget based upon        |
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 6|major functions of the Department as prepared by the State             |
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 7|Superintendent of Public Instruction and supported by detailed data    |
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 8|on needs and proposed operations as partially determined by the        |
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 9|budgetary needs of local school districts filed with the State Board   |
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10|of Education for the ensuing fiscal year.  Appropriations therefor     |
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11|shall be made in lump-sum form for each major item in the budget as    |
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12|follows:                                                               |
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13|         a.   State Aid to schools,                                    |
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14|         b.   the supervision of all other functions of general and    |
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15|              special education including general control, free        |
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16|              textbooks, school lunch, Indian education and all        |
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17|              other functions of the Board and an amount sufficient    |
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18|              to adequately staff and administer these services, and   |
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19|         c.   the Board shall determine the details by which the       |
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20|              budget and the appropriations are administered.          |
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21|              Annually, the Board shall make preparations to           |
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22|              consolidate all of the functions of the Department in    |
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23|              such a way that the budget can be based on two items,    |
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24|              administration and aid to schools.  A maximum amount     |
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arsid13772329 SB229 HFLR                                           Page 11
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 1|              for administration shall be designated as a part of      |
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 2|              the total appropriation;                                 |
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 3|    4.  On the first day of December preceding each regular session    |
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 4|of the Legislature, prepare and deliver to the Governor and the        |
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 5|Legislature a report for the year ending June 30 immediately           |
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 6|preceding the regular session of the Legislature.  The report shall    |
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 7|contain:                                                               |
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 8|         a.   detailed statistics and other information concerning     |
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 9|              enrollment, attendance, expenditures including State     |
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10|              Aid, and other pertinent data for all public schools     |
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11|              in this state,                                           |
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12|         b.   reports from each and every division within the State    |
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13|              Department of Education as submitted by the State        |
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14|              Superintendent of Public Instruction and any other       |
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15|              division, department, institution or other agency        |
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16|              under the supervision of the Board,                      |
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17|         c.   recommendations for the improvement of the public        |
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18|              school system of the state,                              |
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19|         d.   a statement of the receipts and expenditures of the      |
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20|              State Board of Education for the past year, and          |
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21|         e.   a statement of plans and recommendations for the         |
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22|              management and improvement of public schools and such    |
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23|              other information relating to the educational            |
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24|                                                                       |
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arsid13772329 SB229 HFLR                                           Page 12
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 1|              interests of the state as may be deemed necessary and    |
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 2|              desirable;                                               |
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 3|    5.  Provide for the formulation and adoption of curricula,         |
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 4|courses of study and other instructional aids necessary for the        |
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 5|adequate instruction of pupils in the public schools;                  |
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 6|    6.  Have authority in matters pertaining to the licensure and      |
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 7|certification of persons for instructional, supervisory and            |
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 8|administrative positions and services in the public schools of the     |
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 9|state subject to the provisions of Section 6-184 of this title, and    |
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10|shall formulate rules governing the issuance and revocation of         |
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11|certificates for superintendents of schools, principals,               |
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12|supervisors, librarians, clerical employees, school nurses, school     |
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13|bus drivers, visiting teachers, classroom teachers and for other       |
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14|personnel performing instructional, administrative and supervisory     |
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15|services, but not including members of boards of education and other   |
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16|employees who do not work directly with pupils, and may charge and     |
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17|collect reasonable fees for the issuance of such certificates:         |
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18|         a.   the State Department of Education shall not issue a      |
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19|              certificate to and shall revoke the certificate of any   |
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20|              person who has been convicted, whether upon a verdict    |
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21|              or plea of guilty or upon a plea of nolo contendere,     |
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22|              or received a suspended sentence or any probationary     |
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23|              term for a crime or an attempt to commit a crime         |
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24|              provided for in Section 843.5 of Title 21 of the         |
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arsid13772329 SB229 HFLR                                           Page 13
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 1|              Oklahoma Statutes if the offense involved sexual abuse   |
  |                                                                       |
 2|              or sexual exploitation as those terms are defined in     |
  |                                                                       |
 3|              Section 1-1-105 of Title 10A of the Oklahoma Statutes,   |
  |                                                                       |
 4|              Sections Section 741, 843.1, if the offense included     |
  |                                                                       |
 5|              sexual abuse or sexual exploitation, 865 et seq., 885,   |
  |                                                                       |
 6|              888, 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,    |
  |                                                                       |
 7|              1111.1, 1114 or 1123 of Title 21 of the Oklahoma         |
  |                                                                       |
 8|              Statutes or who enters this state and who has been       |
  |                                                                       |
 9|              convicted, received a suspended sentence or received a   |
  |                                                                       |
10|              deferred judgment for a crime or attempted crime         |
  |                                                                       |
11|              which, if committed or attempted in this state, would    |
  |                                                                       |
12|              be a crime or an attempt to commit a crime provided      |
  |                                                                       |
13|              for in any of said laws,                                 |
  |                                                                       |
14|         b.   all funds collected by the State Department of           |
  |                                                                       |
15|              Education for the issuance of certificates to            |
  |                                                                       |
16|              instructional, supervisory and administrative            |
  |                                                                       |
17|              personnel in the public schools of the state shall be    |
  |                                                                       |
18|              deposited in the "Teachers' Certificate Fund" in the     |
  |                                                                       |
19|              State Treasury and may be expended by the State Board    |
  |                                                                       |
20|              of Education to finance the activities of the State      |
  |                                                                       |
21|              Department of Education necessary to administer the      |
  |                                                                       |
22|              program, for consultative services, publication costs,   |
  |                                                                       |
23|              actual and necessary travel expenses as provided in      |
  |                                                                       |
24|              the State Travel Reimbursement Act incurred by persons   |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 14
___________________________________________________________________________

 1|              performing research work, and other expenses found       |
  |                                                                       |
 2|              necessary by the State Board of Education for the        |
  |                                                                       |
 3|              improvement of the preparation and certification of      |
  |                                                                       |
 4|              teachers in Oklahoma.  Provided, any unobligated         |
  |                                                                       |
 5|              balance in the Teachers' Certificate Fund in excess of   |
  |                                                                       |
 6|              Ten Thousand Dollars ($10,000.00) on June 30 of any      |
  |                                                                       |
 7|              fiscal year shall be transferred to the General          |
  |                                                                       |
 8|              Revenue Fund of the State of Oklahoma.  Until July 1,    |
  |                                                                       |
 9|              1997, the State Board of Education shall have            |
  |                                                                       |
10|              authority for approval of teacher education programs.    |
  |                                                                       |
11|              The State Board of Education shall also have authority   |
  |                                                                       |
12|              for the administration of teacher residency and          |
  |                                                                       |
13|              professional development, subject to the provisions of   |
  |                                                                       |
14|              the Oklahoma Teacher Preparation Act;                    |
  |                                                                       |
15|    7.  Promulgate rules governing the classification, inspection,     |
  |                                                                       |
16|supervision and accrediting of all public nursery, kindergarten,       |
  |                                                                       |
17|elementary and secondary schools and on-site educational services      |
  |                                                                       |
18|provided by public school districts or state-accredited private        |
  |                                                                       |
19|schools in partial hospitalization programs, day treatment programs,   |
  |                                                                       |
20|and day hospital programs as defined in this act for persons between   |
  |                                                                       |
21|the ages of three (3) and twenty-one (21) years of age in the state.   |
  |                                                                       |
22| However, no school shall be denied accreditation solely on the        |
  |                                                                       |
23|basis of average daily attendance.                                     |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 15
___________________________________________________________________________

 1|    Any school district which maintains an elementary school and       |
  |                                                                       |
 2|faces the necessity of relocating its school facilities because of     |
  |                                                                       |
 3|construction of a lake, either by state or federal authority, which    |
  |                                                                       |
 4|will inundate the school facilities, shall be entitled to receive      |
  |                                                                       |
 5|probationary accreditation from the State Board of Education for a     |
  |                                                                       |
 6|period of five (5) years after the effective date of this act and      |
  |                                                                       |
 7|any school district, otherwise qualified, shall be entitled to         |
  |                                                                       |
 8|receive probationary accreditation from the State Board of Education   |
  |                                                                       |
 9|for a period of two (2) consecutive years to attain the minimum        |
  |                                                                       |
10|average daily attendance.  The Head Start and public nurseries or      |
  |                                                                       |
11|kindergartens operated from Community Action Program funds shall not   |
  |                                                                       |
12|be subjected to the accrediting rules of the State Board of            |
  |                                                                       |
13|Education.  Neither will the State Board of Education make rules       |
  |                                                                       |
14|affecting the operation of the public nurseries and kindergartens      |
  |                                                                       |
15|operated from federal funds secured through Community Action           |
  |                                                                       |
16|Programs even though they may be operating in the public schools of    |
  |                                                                       |
17|the state.  However, any of the Head Start or public nurseries or      |
  |                                                                       |
18|kindergartens operated under federal regulations may make              |
  |                                                                       |
19|application for accrediting from the State Board of Education but      |
  |                                                                       |
20|will be accredited only if application for the approval of the         |
  |                                                                       |
21|programs is made.  The status of no school district shall be changed   |
  |                                                                       |
22|which will reduce it to a lower classification until due notice has    |
  |                                                                       |
23|been given to the proper authorities thereof and an opportunity        |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 16
___________________________________________________________________________

 1|given to correct the conditions which otherwise would be the cause     |
  |                                                                       |
 2|of such reduction.                                                     |
  |                                                                       |
 3|    Private and parochial schools may be accredited and classified     |
  |                                                                       |
 4|in like manner as public schools or, if an accrediting association     |
  |                                                                       |
 5|is approved by the State Board of Education, by procedures             |
  |                                                                       |
 6|established by the State Board of Education to accept accreditation    |
  |                                                                       |
 7|by such accrediting association, if application is made to the State   |
  |                                                                       |
 8|Board of Education for such accrediting;                               |
  |                                                                       |
 9|    8.  Be the legal agent of the State of Oklahoma to accept, in      |
  |                                                                       |
10|its discretion, the provisions of any Act of Congress appropriating    |
  |                                                                       |
11|or apportioning funds which are now, or may hereafter be, provided     |
  |                                                                       |
12|for use in connection with any phase of the system of public           |
  |                                                                       |
13|education in Oklahoma.  It shall prescribe such rules as it finds      |
  |                                                                       |
14|necessary to provide for the proper distribution of such funds in      |
  |                                                                       |
15|accordance with the state and federal laws;                            |
  |                                                                       |
16|    9.  Be and is specifically hereby designated as the agency of      |
  |                                                                       |
17|this state to cooperate and deal with any officer, board or            |
  |                                                                       |
18|authority of the United States Government under any law of the         |
  |                                                                       |
19|United States which may require or recommend cooperation with any      |
  |                                                                       |
20|state board having charge of the administration of public schools      |
  |                                                                       |
21|unless otherwise provided by law;                                      |
  |                                                                       |
22|    10.  Be and is hereby designated as the "State Educational         |
  |                                                                       |
23|Agency" referred to in Public Law 396 of the 79th Congress of the      |
  |                                                                       |
24|United States, which law states that said act may be cited as the      |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 17
___________________________________________________________________________

 1|"National School Lunch Act", and said State Board of Education is      |
  |                                                                       |
 2|hereby authorized and directed to accept the terms and provisions of   |
  |                                                                       |
 3|said act and to enter into such agreements, not in conflict with the   |
  |                                                                       |
 4|Constitution of Oklahoma or the Constitution and Statutes of the       |
  |                                                                       |
 5|United States, as may be necessary or appropriate to secure for the    |
  |                                                                       |
 6|State of Oklahoma the benefits of the school lunch program             |
  |                                                                       |
 7|established and referred to in said act;                               |
  |                                                                       |
 8|    11.  Have authority to secure and administer the benefits of the   |
  |                                                                       |
 9|National School Lunch Act, Public Law 396 of the 79th Congress of      |
  |                                                                       |
10|the United States, in the State of Oklahoma and is hereby authorized   |
  |                                                                       |
11|to employ or appoint and fix the compensation of such additional       |
  |                                                                       |
12|officers or employees and to incur such expenses as may be necessary   |
  |                                                                       |
13|for the accomplishment of the above purpose, administer the            |
  |                                                                       |
14|distribution of any state funds appropriated by the Legislature        |
  |                                                                       |
15|required as federal matching to reimburse on children's meals;         |
  |                                                                       |
16|    12.  Accept and provide for the administration of any land,        |
  |                                                                       |
17|money, buildings, gifts, donation or other things of value which may   |
  |                                                                       |
18|be offered or bequeathed to the schools under the supervision or       |
  |                                                                       |
19|control of said Board;                                                 |
  |                                                                       |
20|    13.  Have authority to require persons having administrative       |
  |                                                                       |
21|control of all school districts in Oklahoma to make such regular and   |
  |                                                                       |
22|special reports regarding the activities of the schools in said        |
  |                                                                       |
23|districts as the Board may deem needful for the proper exercise of     |
  |                                                                       |
24|its duties and functions.  Such authority shall include the right of   |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 18
___________________________________________________________________________

 1|the State Board of Education to withhold all state funds under its     |
  |                                                                       |
 2|control, to withhold official recognition, including accrediting,      |
  |                                                                       |
 3|until such required reports have been filed and accepted in the        |
  |                                                                       |
 4|office of said Board and to revoke the certificates of persons         |
  |                                                                       |
 5|failing or refusing to make such reports;                              |
  |                                                                       |
 6|    14.  Have general supervision of the school lunch program.  The    |
  |                                                                       |
 7|State Board of Education may sponsor workshops for personnel and       |
  |                                                                       |
 8|participants in the school lunch program and may develop, print and    |
  |                                                                       |
 9|distribute free of charge or sell any materials, books and bulletins   |
  |                                                                       |
10|to be used in such school lunch programs.  There is hereby created     |
  |                                                                       |
11|in the State Treasury a revolving fund for the Board, to be            |
  |                                                                       |
12|designated the School Lunch Workshop Revolving Fund.  The fund shall   |
  |                                                                       |
13|consist of all fees derived from or on behalf of any participant in    |
  |                                                                       |
14|any such workshop sponsored by the State Board of Education, or from   |
  |                                                                       |
15|the sale of any materials, books and bulletins, and such funds shall   |
  |                                                                       |
16|be disbursed for expenses of such workshops and for developing,        |
  |                                                                       |
17|printing and distributing of such materials, books and bulletins       |
  |                                                                       |
18|relating to the school lunch program.  The fund shall be               |
  |                                                                       |
19|administered in accordance with Section 155 of Title 62 of the         |
  |                                                                       |
20|Oklahoma Statutes;                                                     |
  |                                                                       |
21|    15.  Prescribe all forms for school district and county officers   |
  |                                                                       |
22|to report to the State Board of Education where required.  The State   |
  |                                                                       |
23|Board of Education shall also prescribe a list of appropriation        |
  |                                                                       |
24|accounts by which the funds of school districts shall be budgeted,     |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 19
___________________________________________________________________________

 1|accounted for and expended; and it shall be the duty of the State      |
  |                                                                       |
 2|Auditor and Inspector in prescribing all budgeting, accounting and     |
  |                                                                       |
 3|reporting forms for school funds to conform to such lists;             |
  |                                                                       |
 4|    16.  Provide for the establishment of a uniform system of pupil    |
  |                                                                       |
 5|and personnel accounting, records and reports;                         |
  |                                                                       |
 6|    17.  Have authority to provide for the health and safety of        |
  |                                                                       |
 7|school children and school personnel while under the jurisdiction of   |
  |                                                                       |
 8|school authorities;                                                    |
  |                                                                       |
 9|    18.  Provide for the supervision of the transportation of          |
  |                                                                       |
10|pupils;                                                                |
  |                                                                       |
11|    19.  Have authority, upon request of the local school board, to    |
  |                                                                       |
12|act in behalf of the public schools of the state in the purchase of    |
  |                                                                       |
13|transportation equipment;                                              |
  |                                                                       |
14|    20.  Have authority and is hereby required to perform all duties   |
  |                                                                       |
15|necessary to the administration of the public school system in         |
  |                                                                       |
16|Oklahoma as specified in the Oklahoma School Code; and, in addition    |
  |                                                                       |
17|thereto, those duties not specifically mentioned herein if not         |
  |                                                                       |
18|delegated by law to any other agency or official;                      |
  |                                                                       |
19|    21.  Administer the State Public Common School Building            |
  |                                                                       |
20|Equalization Fund established by Section 32 of Article X of the        |
  |                                                                       |
21|Oklahoma Constitution.  Any monies as may be appropriated or           |
  |                                                                       |
22|designated by the Legislature, other than ad valorem taxes, any        |
  |                                                                       |
23|other funds identified by the State Department of Education, which     |
  |                                                                       |
24|may include, but not be limited to, grants-in-aid from the federal     |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 20
___________________________________________________________________________

 1|government for building purposes, the proceeds of all property that    |
  |                                                                       |
 2|shall fall to the state by escheat, penalties for unlawful holding     |
  |                                                                       |
 3|of real estate by corporations, and capital gains on assets of the     |
  |                                                                       |
 4|permanent school funds, shall be deposited in the State Public         |
  |                                                                       |
 5|Common School Building Equalization Fund.  The fund shall be used to   |
  |                                                                       |
 6|aid school districts and charter schools in acquiring buildings,       |
  |                                                                       |
 7|subject to the limitations fixed by Section 32 of Article X of the     |
  |                                                                       |
 8|Oklahoma Constitution.  It is hereby declared that the term            |
  |                                                                       |
 9|"acquiring buildings" as used in Section 32 of Article X of the        |
  |                                                                       |
10|Oklahoma Constitution shall mean acquiring or improving school         |
  |                                                                       |
11|sites, constructing, repairing, remodeling or equipping buildings,     |
  |                                                                       |
12|or acquiring school furniture, fixtures, or equipment.  For charter    |
  |                                                                       |
13|schools, the fund shall only be used to acquire buildings in which     |
  |                                                                       |
14|students enrolled in the charter school will be attending.  It is      |
  |                                                                       |
15|hereby declared that the term "school districts" as used in Section    |
  |                                                                       |
16|32 of Article X of the Oklahoma Constitution shall mean school         |
  |                                                                       |
17|districts and charter schools created pursuant to the provisions of    |
  |                                                                       |
18|the Oklahoma Charter Schools Act Eligible Charter Schools as defined   |
  |                                                                       |
19|in this section.  If sufficient monies are available in the fund,      |
  |                                                                       |
20|the Board shall solicit proposals for grants from school districts     |
  |                                                                       |
21|and charter schools and shall determine the process for                |
  |                                                                       |
22|consideration of proposals.  Grants With the exception of Eligible     |
  |                                                                       |
23|Charter Schools, grants shall be awarded only to school districts      |
  |                                                                       |
24|which have a total assessed property valuation per average daily       |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 21
___________________________________________________________________________

 1|membership that is less than the state average total assessed          |
  |                                                                       |
 2|property valuation per average daily membership and, at the time of    |
  |                                                                       |
 3|application, the district has voted the five-mill building fund levy   |
  |                                                                       |
 4|authorized in Section 10 of Article X of the Oklahoma Constitution,    |
  |                                                                       |
 5|and has voted indebtedness through the issuance of new bonds for at    |
  |                                                                       |
 6|least fifty percent (50%) within the last three (3) years of the       |
  |                                                                       |
 7|maximum allowable pursuant to the provisions of Section 26 of          |
  |                                                                       |
 8|Article X of the Oklahoma Constitution as shown on the school          |
  |                                                                       |
 9|district budget filed with the State Board of Equalization for the     |
  |                                                                       |
10|current school year and certifications by the Attorney General prior   |
  |                                                                       |
11|to April 1 of the school year.  Grants shall be awarded only to        |
  |                                                                       |
12|charter schools which have secured matching funds for the specific     |
  |                                                                       |
13|purpose of acquiring buildings in an amount of not less than ten       |
  |                                                                       |
14|percent (10%) of the total grant amount.  The State Board of           |
  |                                                                       |
15|Education shall disburse funds annually from the charter portion of    |
  |                                                                       |
16|the State Public Common School Building Equalization Fund to           |
  |                                                                       |
17|Eligible Charter Schools on a per-student basis.  Charter schools      |
  |                                                                       |
18|and charter schools sponsored by the Statewide Virtual Charter         |
  |                                                                       |
19|School Board shall not be eligible for any grants from the State       |
  |                                                                       |
20|Public Common School Building Equalization Fund outside of the         |
  |                                                                       |
21|charter portion.  The Board shall promulgate rules for the             |
  |                                                                       |
22|implementation of disbursing funds pursuant to this section.  The      |
  |                                                                       |
23|amount of each grant awarded by the Board each year shall not exceed   |
  |                                                                       |
24|Four Million Dollars ($4,000,000.00).  From the total amount           |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 22
___________________________________________________________________________

 1|available to provide grants to public schools and charter schools,     |
  |                                                                       |
 2|charter schools shall be allocated the greater of ten percent (10%)    |
  |                                                                       |
 3|of the total amount or the percent of students enrolled in charter     |
  |                                                                       |
 4|schools that are not sponsored by the Statewide Virtual Charter        |
  |                                                                       |
 5|School Board as compared to the student enrollment in school           |
  |                                                                       |
 6|districts which have a total assessed property valuation per average   |
  |                                                                       |
 7|daily membership that is equal to or less than twenty-five percent     |
  |                                                                       |
 8|(25%) of the state total assessed property valuation per average       |
  |                                                                       |
 9|daily membership.  The Board shall give priority consideration to      |
  |                                                                       |
10|school districts which have a total assessed property valuation per    |
  |                                                                       |
11|average daily membership that is equal to or less than twenty-five     |
  |                                                                       |
12|percent (25%) of the state average total assessed property valuation   |
  |                                                                       |
13|per average daily membership.  The Board is authorized to prorate      |
  |                                                                       |
14|grants awarded if monies are not sufficient in the fund to award       |
  |                                                                       |
15|grants to qualified districts and charter schools.  The State Board    |
  |                                                                       |
16|of Education shall make available to eligible charter schools any      |
  |                                                                       |
17|unused grant funds that remain after the initial allocation to all     |
  |                                                                       |
18|eligible public school districts and charter schools of this state.    |
  |                                                                       |
19|The State Board of Education shall allocate the charter portion and    |
  |                                                                       |
20|grants annually so that on June 30 of each year there is an amount     |
  |                                                                       |
21|not greater than One Million Dollars ($1,000,000.00) that is           |
  |                                                                       |
22|unencumbered remaining in the fund.  The State Board of Education      |
  |                                                                       |
23|shall prescribe rules for making grants of aid from, and for           |
  |                                                                       |
24|otherwise administering, the fund pursuant to the provisions of this   |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 23
___________________________________________________________________________

 1|paragraph, and may employ and fix the duties and compensation of       |
  |                                                                       |
 2|technicians, aides, clerks, stenographers, attorneys and other         |
  |                                                                       |
 3|personnel deemed necessary to carry out the provisions of this         |
  |                                                                       |
 4|paragraph.  The cost of administering the fund shall be paid from      |
  |                                                                       |
 5|monies appropriated to the State Board of Education for the            |
  |                                                                       |
 6|operation of the State Department of Education.  From monies           |
  |                                                                       |
 7|apportioned to the fund, the Oklahoma State Department of Education    |
  |                                                                       |
 8|may reserve not more than one-half of one percent (1/2 of 1%) for      |
  |                                                                       |
 9|purposes of administering the fund;                                    |
  |                                                                       |
10|    22.  Recognize that the Director of the Oklahoma Department of     |
  |                                                                       |
11|Corrections shall be the administrative authority for the schools      |
  |                                                                       |
12|which are maintained in the state reformatories and shall appoint      |
  |                                                                       |
13|the principals and teachers in such schools.  Provided, that rules     |
  |                                                                       |
14|of the State Board of Education for the classification, inspection     |
  |                                                                       |
15|and accreditation of public schools shall be applicable to such        |
  |                                                                       |
16|schools; and such schools shall comply with standards set by the       |
  |                                                                       |
17|State Board of Education; and                                          |
  |                                                                       |
18|    23.  Have authority to administer a revolving fund which is        |
  |                                                                       |
19|hereby created in the State Treasury, to be designated the             |
  |                                                                       |
20|Statistical Services Revolving Fund.  The fund shall consist of all    |
  |                                                                       |
21|monies received from the various school districts of the state, the    |
  |                                                                       |
22|United States Government, and other sources for the purpose of         |
  |                                                                       |
23|furnishing or financing statistical services and for any other         |
  |                                                                       |
24|purpose as designated by the Legislature.  The State Board of          |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 24
___________________________________________________________________________

 1|Education is hereby authorized to enter into agreements with school    |
  |                                                                       |
 2|districts, municipalities, the United States Government, foundations   |
  |                                                                       |
 3|and other agencies or individuals for services, programs or research   |
  |                                                                       |
 4|projects.  The Statistical Services Revolving Fund shall be            |
  |                                                                       |
 5|administered in accordance with Section 155 of Title 62 of the         |
  |                                                                       |
 6|Oklahoma Statutes.                                                     |
  |                                                                       |
 7|     B.  As used in this section:                                      |
  |                                                                       |
 8|     1.  "Charter percentage" means the amount equal to the            |
  |                                                                       |
 9|percentage of average daily membership in Eligible Charter Schools     |
  |                                                                       |
10|based on the first nine (9) weeks of the current school year,          |
  |                                                                       |
11|according to the provisions of Section 18-107 of this title,           |
  |                                                                       |
12|compared to the total average daily membership in public schools       |
  |                                                                       |
13|statewide based on the first nine (9) weeks of the current school      |
  |                                                                       |
14|year, according to the provisions of Section 18-107 of this title;     |
  |                                                                       |
15|     2.  "Charter portion" means the amount equal to the charter       |
  |                                                                       |
16|percentage multiplied by the nonchargeable statewide local revenue     |
  |                                                                       |
17|which shall be apportioned annually to the State Public Common         |
  |                                                                       |
18|School Building Equalization Fund from the funds collected pursuant    |
  |                                                                       |
19|to Section 426 of Title 63 of the Oklahoma Statutes.  If such          |
  |                                                                       |
20|apportioned funds are insufficient to fund the charter portion, then   |
  |                                                                       |
21|an additional apportionment of funds shall be made from income tax     |
  |                                                                       |
22|collections as provided by paragraph 4 of Section 2352 of Title 68     |
  |                                                                       |
23|of the Oklahoma Statutes;                                              |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 25
___________________________________________________________________________

 1|     3.  "Eligible Charter School" means a charter school created      |
  |                                                                       |
 2|pursuant to the provisions of the Oklahoma Charter Schools Act and     |
  |                                                                       |
 3|not sponsored by the Statewide Virtual Charter School Board and that   |
  |                                                                       |
 4|provide in-person instruction as the primary means of instructional    |
  |                                                                       |
 5|service delivery; and                                                  |
  |                                                                       |
 6|     4.  "Nonchargeable statewide local revenue" means the total       |
  |                                                                       |
 7|amount of building funds received by all school districts in the       |
  |                                                                       |
 8|state in the immediately preceding school year in addition to          |
  |                                                                       |
 9|one-fourth (1/4) of the total number of county four-mill levy funds    |
  |                                                                       |
10|received statewide in the immediately preceding school year.           |
  |                                                                       |
11|    SECTION 3.     AMENDATORY     70 O.S. 2011, Section 3-104.4, as    |
  |                                                                       |
12|last amended by Section 64, Chapter 161, O.S.L. 2020 (70 O.S. Supp.    |
  |                                                                       |
13|2020, Section 3-104.4), is amended to read as follows:                 |
  |                                                                       |
14|    Section 3-104.4  A.  The State Board of Education shall adopt      |
  |                                                                       |
15|standards for the accreditation of the public schools in this state    |
  |                                                                       |
16|according to the requirements of Section 3-104.3 et seq. of this       |
  |                                                                       |
17|title, to be effective as set forth in Section 3-104.3 et seq. of      |
  |                                                                       |
18|this title.  The accreditation standards shall incorporate the         |
  |                                                                       |
19|curricular standards established pursuant to Section 11-103.6 of       |
  |                                                                       |
20|this title.  The accreditation standards shall equal or exceed         |
  |                                                                       |
21|nationally recognized accreditation standards to the extent that the   |
  |                                                                       |
22|standards are consistent with an academic results oriented approach    |
  |                                                                       |
23|to accreditation.  The accreditation adopted by the State Board        |
  |                                                                       |
24|shall encompass accreditation for elementary schools, middle           |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 26
___________________________________________________________________________

 1|schools, junior high schools, and high schools.  The accreditation     |
  |                                                                       |
 2|standards shall be made available for public inspection at the         |
  |                                                                       |
 3|offices of the State Department of Education.                          |
  |                                                                       |
 4|    B.  Standards for accreditation adopted by the State Board of      |
  |                                                                       |
 5|Education shall include standards relating to the provision of         |
  |                                                                       |
 6|school counselors to the public school children of this state.  The    |
  |                                                                       |
 7|State Board of Education shall require each local school district to   |
  |                                                                       |
 8|provide information regarding the number of counselors serving each    |
  |                                                                       |
 9|school site, the duties of all such counselors including all           |
  |                                                                       |
10|administrative duties, the number of students served by each           |
  |                                                                       |
11|counselor, and information regarding the number of counselors          |
  |                                                                       |
12|employed per elementary school, middle school, junior high school      |
  |                                                                       |
13|and high school.                                                       |
  |                                                                       |
14|    C.  Except as otherwise provided, schools shall meet the           |
  |                                                                       |
15|accreditation standards as a condition of continued accreditation.     |
  |                                                                       |
16|Nothing herein shall be construed as preventing changes to the         |
  |                                                                       |
17|adopted standards by the State Board of Education pursuant to the      |
  |                                                                       |
18|Administrative Procedures Act.  The accreditation standards shall      |
  |                                                                       |
19|provide for warnings, probation or nonaccredited status for schools    |
  |                                                                       |
20|that fail to meet the standards.  The Department shall investigate a   |
  |                                                                       |
21|complaint of failure to provide educational services or failure to     |
  |                                                                       |
22|comply with accreditation standards within thirty (30) days of         |
  |                                                                       |
23|receiving the complaint.  If the Department determines that a school   |
  |                                                                       |
24|has failed to comply with the accreditation standards, the             |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 27
___________________________________________________________________________

 1|Department shall report the recommended warning, probation or          |
  |                                                                       |
 2|nonaccredited accreditation status to the State Board of Education     |
  |                                                                       |
 3|within ninety (90) days.  If a school does not take action to comply   |
  |                                                                       |
 4|with the accreditation standards within ninety (90) days after a       |
  |                                                                       |
 5|report is filed by the Department, the Board shall withdraw            |
  |                                                                       |
 6|accreditation for the school.  The State Board accreditation           |
  |                                                                       |
 7|regulations shall provide for warnings and for assistance to schools   |
  |                                                                       |
 8|and school districts whenever there is reason to believe a school is   |
  |                                                                       |
 9|in danger of losing its state accreditation.                           |
  |                                                                       |
10|    D.  If one or more school sites fail to receive accreditation as   |
  |                                                                       |
11|required pursuant to this section or subsequently lose                 |
  |                                                                       |
12|accreditation, the State Board of Education shall close the school     |
  |                                                                       |
13|and reassign the students to accredited schools within the district    |
  |                                                                       |
14|or shall annex the district to one or more other districts in which    |
  |                                                                       |
15|the students can be educated in accredited schools.                    |
  |                                                                       |
16|    E.  Standards for accreditation adopted by the State Board of      |
  |                                                                       |
17|Education shall include standards relating to the provision of         |
  |                                                                       |
18|educational services provided in partial hospitalization programs,     |
  |                                                                       |
19|day treatment programs, day hospital programs, residential treatment   |
  |                                                                       |
20|programs and emergency shelter programs for persons between the ages   |
  |                                                                       |
21|of three (3) and twenty-one (21) years of age.  The accreditation      |
  |                                                                       |
22|standards shall apply to on-site and off-site educational services     |
  |                                                                       |
23|provided by public school districts or state-accredited private        |
  |                                                                       |
24|schools.  Each school which is providing or is required to provide     |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 28
___________________________________________________________________________

 1|educational services for students placed in a program as described     |
  |                                                                       |
 2|in this subsection shall be actively monitored by the State            |
  |                                                                       |
 3|Department of Education.  The Department shall determine on an         |
  |                                                                       |
 4|ongoing basis if the educational program and services are in           |
  |                                                                       |
 5|compliance with the accreditation standards.                           |
  |                                                                       |
 6|    F.  The State Board shall provide assistance to districts in       |
  |                                                                       |
 7|considering the possibility of meeting accreditation requirements      |
  |                                                                       |
 8|through the use of nontraditional means of instruction.  The State     |
  |                                                                       |
 9|Board shall also assist districts in forming cooperatives and making   |
  |                                                                       |
10|arrangements for the use of satellite instruction or other             |
  |                                                                       |
11|instructional technologies to the extent that use of such              |
  |                                                                       |
12|instructional means meets accreditation standards.                     |
  |                                                                       |
13|    G.  1.  Accreditation shall not be withdrawn from or denied nor    |
  |                                                                       |
14|shall a penalty be assessed against a school or school district for    |
  |                                                                       |
15|failing to meet the media materials and equipment standards, media     |
  |                                                                       |
16|program expenditure standards and media personnel standards as set     |
  |                                                                       |
17|forth in the accreditation standards adopted by the Board.             |
  |                                                                       |
18|    2.  The provisions of paragraph 1 of this subsection shall cease   |
  |                                                                       |
19|to be effective during the fiscal year which begins on the July 1      |
  |                                                                       |
20|immediately succeeding the legislative session during which the        |
  |                                                                       |
21|measure appropriating monies to the State Board of Education for the   |
  |                                                                       |
22|financial support of public schools is enacted as law and such         |
  |                                                                       |
23|appropriation amount is at least Fifty Million Dollars                 |
  |                                                                       |
24|($50,000,000.00) greater than the amount of money appropriated to      |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 29
___________________________________________________________________________

 1|the State Board of Education for the financial support of public       |
  |                                                                       |
 2|schools for the fiscal year ending June 30, 2019, pursuant to          |
  |                                                                       |
 3|Chapter 146, O.S.L. 2018.  Provided, the Fifty Million Dollars         |
  |                                                                       |
 4|($50,000,000.00) shall not include any amount of appropriations        |
  |                                                                       |
 5|dedicated for support or certified employee salary increases.          |
  |                                                                       |
 6|Accreditation shall not be withdrawn from or denied nor shall a        |
  |                                                                       |
 7|penalty be assessed against a school or school district for failing    |
  |                                                                       |
 8|to meet the media personnel standards as set forth in accreditation    |
  |                                                                       |
 9|standards adopted by the Board.                                        |
  |                                                                       |
10|    H.  1.  The State Board shall not assess a financial penalty       |
  |                                                                       |
11|against any school district which is given a deficiency in             |
  |                                                                       |
12|accreditation status during any fiscal year as provided for in this    |
  |                                                                       |
13|subsection.                                                            |
  |                                                                       |
14|    2.  Beginning with the fiscal year which begins July 1, 2021, if   |
  |                                                                       |
15|the amount of money appropriated to the State Board of Education for   |
  |                                                                       |
16|the financial support of public schools, including money apportioned   |
  |                                                                       |
17|pursuant to Section 5 of this act, is at least One Hundred Million     |
  |                                                                       |
18|Dollars ($100,000,000.00) greater than the amount of money             |
  |                                                                       |
19|appropriated to the State Board of Education for the financial         |
  |                                                                       |
20|support of public schools for the fiscal year ending June 30, 2019,    |
  |                                                                       |
21|pursuant to Chapter 146, O.S.L. 2018, a financial penalty shall be     |
  |                                                                       |
22|assessed against any school districts that do not comply with the      |
  |                                                                       |
23|class size limitations for kindergarten as provided for in Section     |
  |                                                                       |
24|18-113.2 of this title and class size limitations for grade one as     |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 30
___________________________________________________________________________

 1|provided for in subsection A of Section 18-113.1 of this title.        |
  |                                                                       |
 2|Provided, the One Hundred Million Dollars ($100,000,000.00) shall      |
  |                                                                       |
 3|not include any amount of appropriations dedicated for support or      |
  |                                                                       |
 4|certified employee salary increases.                                   |
  |                                                                       |
 5|    3.  The State Department of Education shall submit a report on     |
  |                                                                       |
 6|statewide classroom sizes to the President Pro Tempore of the          |
  |                                                                       |
 7|Oklahoma State Senate and the Speaker of the Oklahoma House of         |
  |                                                                       |
 8|Representatives no later than January 1, 2022.                         |
  |                                                                       |
 9|    I.  Except as provided for in subsection J of this section,        |
  |                                                                       |
10|beginning with the 2019-2020 school year, evaluations of schools to    |
  |                                                                       |
11|determine whether they meet the accreditation standards set forth in   |
  |                                                                       |
12|accordance with this section shall occur once every four (4) years     |
  |                                                                       |
13|on a schedule adopted by the State Board of Education.  The Board      |
  |                                                                       |
14|may interrupt the evaluation schedule provided in this subsection      |
  |                                                                       |
15|for reasons including a change in the superintendent of the school     |
  |                                                                       |
16|district; determination that one or more school district board         |
  |                                                                       |
17|members have not met the continuing education requirements as          |
  |                                                                       |
18|defined by this title; determination that the school district          |
  |                                                                       |
19|falsified information submitted to any public city, county, state or   |
  |                                                                       |
20|federal official or agency; initiation of an investigation by the      |
  |                                                                       |
21|Board or a law enforcement agency; or other determination by the       |
  |                                                                       |
22|Board that standards for accreditation are not being met by the        |
  |                                                                       |
23|school district.  The schedule adopted by the Board shall allow for    |
  |                                                                       |
24|school districts receiving no deficiencies for two (2) consecutive     |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 31
___________________________________________________________________________

 1|years to be reviewed for accreditation less than annually.             |
  |                                                                       |
 2|Provided, however, that schools shall be evaluated annually for the    |
  |                                                                       |
 3|purposes of:                                                           |
  |                                                                       |
 4|    1.  Local, state and federal funding;                              |
  |                                                                       |
 5|    2.  Health and safety;                                             |
  |                                                                       |
 6|    3.  Certification requirements for teachers, principals and        |
  |                                                                       |
 7|superintendents;                                                       |
  |                                                                       |
 8|    4.  School board governance, including instructional and           |
  |                                                                       |
 9|continuing education requirements for school board members; and        |
  |                                                                       |
10|    5.  Any other requirements under state or federal law.             |
  |                                                                       |
11|    J.  Beginning with the 2019-2020 school year, if a public school   |
  |                                                                       |
12|receives a deficiency on its accreditation report, the public school   |
  |                                                                       |
13|shall be evaluated annually to determine if it meets the               |
  |                                                                       |
14|accreditation standards set forth in accordance with this section.     |
  |                                                                       |
15|If the public school receives no deficiencies for two (2)              |
  |                                                                       |
16|consecutive years, the public school shall be subject to the           |
  |                                                                       |
17|evaluation timeline established in subsection I of this section.       |
  |                                                                       |
18|    SECTION 4.     AMENDATORY     70 O.S. 2011, Section 3-142, as      |
  |                                                                       |
19|last amended by Section 1, Chapter 122, O.S.L. 2020 (70 O.S. Supp.     |
  |                                                                       |
20|2020, Section 3-142), is amended to read as follows:                   |
  |                                                                       |
21|    Section 3-142.  A.  For purposes of funding, a charter school      |
  |                                                                       |
22|sponsored by a board of education of a school district shall be        |
  |                                                                       |
23|considered a site within the school district in which the charter      |
  |                                                                       |
24|school is located.  The student membership and attendance of the       |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 32
___________________________________________________________________________

 1|charter school shall be considered separate from the student           |
  |                                                                       |
 2|membership and attendance of the district in which the charter         |
  |                                                                       |
 3|school is located sponsor for the purpose of calculating enrollment    |
  |                                                                       |
 4|and funding, including weighted average daily membership pursuant to   |
  |                                                                       |
 5|Section 18-201.1 of this title and State Aid pursuant to Section       |
  |                                                                       |
 6|18-200.1 of this title.  For charter schools sponsored by a board of   |
  |                                                                       |
 7|education of a school district, the sum of the separate calculations   |
  |                                                                       |
 8|for the charter school and the school district shall be used to        |
  |                                                                       |
 9|determine the total State Aid allocation for the district in which     |
  |                                                                       |
10|the charter school is located.  A charter school shall receive from    |
  |                                                                       |
11|the sponsoring school district, the State Aid allocation, federal      |
  |                                                                       |
12|funds to which it is eligible and qualifies for and any other          |
  |                                                                       |
13|state-appropriated revenue generated by its students for the           |
  |                                                                       |
14|applicable year, less up to.  Not more than three percent (3%) of      |
  |                                                                       |
15|the State Aid allocation, which may be retained charged by the         |
  |                                                                       |
16|school district sponsor as a fee for administrative services           |
  |                                                                       |
17|rendered.  For charter schools sponsored by the board of education     |
  |                                                                       |
18|of a technology center school district, a higher education             |
  |                                                                       |
19|institution, the State Board of Education, or a federally recognized   |
  |                                                                       |
20|Indian tribe and for statewide virtual charter schools sponsored by    |
  |                                                                       |
21|the Statewide Virtual Charter School Board, the State Aid allocation   |
  |                                                                       |
22|for the charter school shall be distributed by the State Board of      |
  |                                                                       |
23|Education and not more than three percent (3%) of the State Aid        |
  |                                                                       |
24|allocation may be charged by the sponsor as a fee for administrative   |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 33
___________________________________________________________________________

 1|services rendered.  The State Board of Education shall determine the   |
  |                                                                       |
 2|policy and procedure for making payments to a charter school.  The     |
  |                                                                       |
 3|fee for administrative services as authorized in this subsection       |
  |                                                                       |
 4|shall only be assessed on the State Aid allocation amount and shall    |
  |                                                                       |
 5|not be assessed on any other appropriated amounts.  A sponsor of a     |
  |                                                                       |
 6|charter school shall not retain any additional State Aid allocation    |
  |                                                                       |
 7|or charge the charter school any additional fee above the amounts      |
  |                                                                       |
 8|allowed by this subsection unless the additional fees are for          |
  |                                                                       |
 9|additional services rendered.  The charter school sponsor shall        |
  |                                                                       |
10|provide to the State Department of Education financial records         |
  |                                                                       |
11|documenting any state funds retained by the sponsor for                |
  |                                                                       |
12|administrative services rendered for the previous year.                |
  |                                                                       |
13|    B.  1.  The weighted average daily membership for the first year   |
  |                                                                       |
14|of operation of a charter school shall be determined initially by      |
  |                                                                       |
15|multiplying the actual enrollment of students as of August 1 by        |
  |                                                                       |
16|1.333.  The charter school shall receive revenue equal to that which   |
  |                                                                       |
17|would be generated by the estimated weighted average daily             |
  |                                                                       |
18|membership calculated pursuant to this paragraph.  At midyear, the     |
  |                                                                       |
19|allocation for the charter school shall be adjusted using the first    |
  |                                                                       |
20|quarter weighted average daily membership for the charter school       |
  |                                                                       |
21|calculated pursuant to subsection A of this section.                   |
  |                                                                       |
22|    2.  For the purpose of calculating weighted average daily          |
  |                                                                       |
23|membership pursuant to Section 18-201.1 of this title and State Aid    |
  |                                                                       |
24|pursuant to Section 18-200.1 of this title, the weighted average       |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 34
___________________________________________________________________________

 1|daily membership for the first year of operation and each year         |
  |                                                                       |
 2|thereafter of a full-time virtual charter school shall be determined   |
  |                                                                       |
 3|by multiplying the actual enrollment of students as of August 1 by     |
  |                                                                       |
 4|1.333.  The full-time virtual charter school shall receive revenue     |
  |                                                                       |
 5|equal to that which would be generated by the estimated weighted       |
  |                                                                       |
 6|average daily membership calculated pursuant to this paragraph.  At    |
  |                                                                       |
 7|midyear, the allocation for the full-time virtual charter school       |
  |                                                                       |
 8|shall be adjusted using the first quarter weighted average daily       |
  |                                                                       |
 9|membership for the virtual charter school calculated pursuant to       |
  |                                                                       |
10|subsection A of this section.                                          |
  |                                                                       |
11|    C.  A Except for state-dedicated and local and county revenue, a   |
  |                                                                       |
12|charter school shall be eligible to receive any other aid, grants or   |
  |                                                                       |
13|revenues allowed to other schools.  A charter school sponsored by      |
  |                                                                       |
14|the board of education of a technology center school district, a       |
  |                                                                       |
15|higher education institution, the State Board of Education, or a       |
  |                                                                       |
16|federally recognized Indian tribe shall be considered a local          |
  |                                                                       |
17|education agency for purposes of funding.  A charter school            |
  |                                                                       |
18|sponsored by a board of education of a school district shall be        |
  |                                                                       |
19|considered a local education agency for purposes of federal funding.   |
  |                                                                       |
20|    D.  A charter school, in addition to the money received from the   |
  |                                                                       |
21|state, may receive money from any other source.  Any unexpended        |
  |                                                                       |
22|funds received by a charter school may be reserved and used for        |
  |                                                                       |
23|future purposes.  The governing body of a charter school shall not     |
  |                                                                       |
24|levy taxes or issue bonds.  If otherwise allowed by law, the           |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 35
___________________________________________________________________________

 1|governing body of a charter school may enter into private contracts    |
  |                                                                       |
 2|for the purposes of borrowing money from lenders.  If the governing    |
  |                                                                       |
 3|body of the charter school borrows money, the charter school shall     |
  |                                                                       |
 4|be solely responsible for repaying the debt, and the state or the      |
  |                                                                       |
 5|sponsor shall not in any way be responsible or obligated to repay      |
  |                                                                       |
 6|the debt.                                                              |
  |                                                                       |
 7|    E.  Any charter school which chooses to lease property shall be    |
  |                                                                       |
 8|eligible to receive current government lease rates.                    |
  |                                                                       |
 9|    F.  Except as otherwise provided in this subsection, each          |
  |                                                                       |
10|charter school shall pay to the Charter School Closure Reimbursement   |
  |                                                                       |
11|Revolving Fund created in subsection G of this section an amount       |
  |                                                                       |
12|equal to Five Dollars ($5.00) per student based on average daily       |
  |                                                                       |
13|membership, as defined by paragraph 2 of Section 18-107 of this        |
  |                                                                       |
14|title, during the first nine (9) weeks of the school year.  Each       |
  |                                                                       |
15|charter school shall complete the payment every school year within     |
  |                                                                       |
16|thirty (30) days after the first nine (9) weeks of the school year.    |
  |                                                                       |
17|If the Charter School Closure Reimbursement Revolving Fund has a       |
  |                                                                       |
18|balance of One Million Dollars ($1,000,000.00) or more on July 1, no   |
  |                                                                       |
19|payment shall be required the following school year.                   |
  |                                                                       |
20|    G.  There is hereby created in the State Treasury a revolving      |
  |                                                                       |
21|fund for the State Department of Education to be designated the        |
  |                                                                       |
22|"Charter School Closure Reimbursement Revolving Fund".  The fund       |
  |                                                                       |
23|shall be a continuing fund, not subject to fiscal year limitations,    |
  |                                                                       |
24|and shall consist of all monies received by the State Department of    |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 36
___________________________________________________________________________

 1|Education from charter schools as provided in subsection F of this     |
  |                                                                       |
 2|section.  All monies accruing to the credit of said fund are hereby    |
  |                                                                       |
 3|appropriated and may be budgeted and expended by the State             |
  |                                                                       |
 4|Department of Education for the purpose of reimbursing charter         |
  |                                                                       |
 5|school sponsors for costs incurred due to the closure of a charter     |
  |                                                                       |
 6|school.  Expenditures from said fund shall be made upon warrants       |
  |                                                                       |
 7|issued by the State Treasurer against claims filed as prescribed by    |
  |                                                                       |
 8|law with the Director of the Office of Management and Enterprise       |
  |                                                                       |
 9|Services for approval and payment.  The State Department of            |
  |                                                                       |
10|Education may promulgate rules regarding sponsor eligibility for       |
  |                                                                       |
11|reimbursement.                                                         |
  |                                                                       |
12|    SECTION 5.     AMENDATORY     70 O.S. 2011, Section 10-103.1, is   |
  |                                                                       |
13|amended to read as follows:                                            |
  |                                                                       |
14|    Section 10-103.1  A.  The school population, scholastic            |
  |                                                                       |
15|population, scholastic enumeration, and enumeration of a district      |
  |                                                                       |
16|shall be the legal average daily attendance.  The legal average        |
  |                                                                       |
17|daily attendance shall be the average number of pupils present in a    |
  |                                                                       |
18|school district during a year or other specified period of time.       |
  |                                                                       |
19|The State Board of Education shall determine the legal average daily   |
  |                                                                       |
20|attendance for each school district by dividing the aggregate days     |
  |                                                                       |
21|of pupils present in each school district by the number of days        |
  |                                                                       |
22|taught in each school district.                                        |
  |                                                                       |
23|    B.  The legal average daily attendance for purposes of the         |
  |                                                                       |
24|distributions contained in subsection (b) of Section 9 of Article X    |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 37
___________________________________________________________________________

 1|of the Oklahoma Constitution, Section 1004 of Title 68 of the          |
  |                                                                       |
 2|Oklahoma Statutes, Section 1104 of Title 47 of the Oklahoma Statutes   |
  |                                                                       |
 3|and Sections 10-104 and 615 of this title shall not include the        |
  |                                                                       |
 4|average daily attendance for students enrolled in a charter school.    |
  |                                                                       |
 5|    SECTION 6.  It being immediately necessary for the preservation    |
  |                                                                       |
 6|of the public peace, health or safety, an emergency is hereby          |
  |                                                                       |
 7|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
 8|be in full force from and after its passage and approval.              |
  |                                                                       |
 9|                                                                       |
  |                                                                       |
10|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/06/2021   |
  |- DO PASS, As Amended.                                                 |
11|                                                                       |
  |                                                                       |
12|                                                                       |
  |                                                                       |
13|                                                                       |
  |                                                                       |
14|                                                                       |
  |                                                                       |
15|                                                                       |
  |                                                                       |
16|                                                                       |
  |                                                                       |
17|                                                                       |
  |                                                                       |
18|                                                                       |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid13772329 SB229 HFLR                                           Page 38
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