Bill Text For SB0269 - Engrossed

 1|ENGROSSED SENATE                                                       |
  |BILL NO. 269                         By: Sharp of the Senate           |
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  |                                         and                           |
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  |                                         Kerbs of the House            |
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 6|       [ school district boards of education - powers and              |
  |       duties of school district boards of education -                 |
 7|       multi-year contracts with principals and vice                   |
  |       principals - effective date -     emergency ]                   |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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12|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 5-117, as      |
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13|last amended by Section 1, Chapter 149, O.S.L. 2018 (70 O.S. Supp.     |
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14|2018, Section 5-117), is amended to read as follows:                   |
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15|    Section 5-117.  A.  The board of education of each school          |
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16|district shall have power to:                                          |
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17|    1.  Elect its own officers; provided that the chair of the board   |
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18|authorized in Section 5-107B of this title shall be elected by the     |
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19|electors of the school district;                                       |
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20|    2.  Make rules, not inconsistent with the law or rules of the      |
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21|State Board of Education, governing the board and the school system    |
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22|of the district, including converting all or part of a traditional     |
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23|public school to a conversion school;                                  |
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 1|    3.  Maintain and operate a complete public school system of such   |
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 2|character as the board of education shall deem best suited to the      |
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 3|needs of the school district;                                          |
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 4|    4.  Designate the schools to be attended by the children of the    |
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 5|district;                                                              |
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 6|    5.  Provide and operate, when deemed advisable, cafeterias or      |
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 7|other eating accommodations, thrift banks or other facilities for      |
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 8|the teaching and practice of thrift and economy, bookstores, print     |
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 9|shops, and vocational and other shops;                                 |
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10|    6.  Provide informational material concerning school bond          |
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11|elections and millage elections, including but not limited to all      |
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12|pertinent financial information relative to the bond issue, a          |
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13|statement of revenue sources necessary to retire proposed bonds, a     |
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14|statement of current bonded indebtedness of the school district, and   |
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15|a statement of proposed use of funds to be generated by the proposed   |
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16|bond issue.  The informational material shall not contain the words    |
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17|"vote yes" or "vote no" or any similar words or statement any place    |
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18|on such informational material;                                        |
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19|    7.  Purchase, construct or rent, and operate and maintain,         |
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20|classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation   |
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21|places and playgrounds, teacherages, school bus garages,               |
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22|laboratories, administration buildings, and other schoolhouses and     |
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23|school buildings, and acquire sites and equipment for the operation    |
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24|of public schools or conversion schools;                               |
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 1|    8.   a.    Insure the school district or its employees against     |
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 2|              any loss, damage or liability as defined by Sections     |
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 3|              702 through 708 of Title 36 of the Oklahoma Statutes,    |
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 4|              or other forms of insurance provided for in Title 36     |
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 5|              of the Oklahoma Statutes.                                |
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 6|         b.    Subject to the restrictions of liability in the         |
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 7|              Governmental Tort Claims Act:                            |
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 8|              (1)   insure the school district against all or any      |
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 9|                   part of any liability it may incur for death,       |
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10|                   injury or disability of any person, or for damage   |
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11|                   to property, either real or personal,               |
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12|              (2)   insure any employee of the school district         |
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13|                   against all or any part of the employee's           |
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14|                   liability for injury or damage resulting from an    |
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15|                   act or omission in the scope of employment, or      |
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16|              (3)   insure against the expense of defending a claim    |
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17|                   against the school district or its employee,        |
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18|                   whether or not liability exists on such claim.      |
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19|         c.    As used in this subsection, "employee" means any        |
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20|              person who has acted in behalf of a school district,     |
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21|              whether that person is acting on a permanent or          |
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22|              temporary basis with or without being compensated or     |
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23|              on a full-time or part-time basis.  Employee also        |
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24|              includes all elected or appointed officers, members of   |
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 1|              governing bodies of a school district, and persons       |
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 2|              appointed, and other persons designated by a school      |
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 3|              district to act in its behalf.                           |
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 4|         d.    The cost or premium of any such insurance is a proper   |
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 5|              expenditure of the school district.                      |
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 6|         e.    Any insurance authorized by law to be purchased,        |
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 7|              obtained or provided by a school district may be         |
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 8|              provided by:                                             |
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 9|              (1)   self-insurance, which may be, but is not           |
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10|                   required to be, funded by appropriations to         |
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11|                   establish or maintain reserves for self-insurance   |
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12|                   purposes.  Any self-insurance reserve fund shall    |
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13|                   be nonfiscal and shall not be considered in         |
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14|                   computing any levy when the school district makes   |
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15|                   its annual estimate for needed appropriations,      |
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16|              (2)   insurance in any insurer authorized to transact    |
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17|                   insurance in this state,                            |
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18|              (3)   insurance secured in accordance with any other     |
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19|                   method provided by law, or                          |
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20|              (4)   any combination of insurance authorized by this    |
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21|                   section.                                            |
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22|         f.    Two or more school districts or public agencies, by     |
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23|              interlocal agreement made pursuant to the Interlocal     |
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24|              Cooperation Act, may provide insurance for any purpose   |
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 1|              by any one or more of the methods specified in this      |
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 2|              section.  The pooling of self-insured reserves, claims   |
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 3|              or losses among governments as authorized in this        |
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 4|              section shall not be construed to be transacting         |
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 5|              insurance nor otherwise subject to the provisions of     |
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 6|              the laws of this state regulating insurance or           |
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 7|              insurance companies, except as to the provisions of      |
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 8|              Section 607.1 of Title 36 of the Oklahoma Statutes.      |
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 9|              Two or more school districts may also be insured under   |
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10|              a master policy or contract of insurance.  Premium       |
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11|              costs may be set individually for each school district   |
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12|              or apportioned among participating school districts as   |
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13|              provided by the master policy or contract;               |
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14|    9.  Acquire property by condemnation proceedings in the same       |
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15|manner as land is condemned for railroad purposes.  School district    |
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16|funds may be used to erect buildings on leased land on which other     |
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17|buildings have been erected prior to April 3, 1969, or on land which   |
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18|is leased from a governmental entity;                                  |
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19|    10.  Lease real or personal property to the state or any           |
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20|political subdivision thereof or a not-for-profit entity operating     |
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21|pursuant to Section 868 of Title 18 of the Oklahoma Statutes for       |
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22|nominal cash consideration for so long as the use of the property by   |
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23|the lessee substantially benefits, in whole or in part, the same       |
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24|public served by the school district;                                  |
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 1|    11.  Dispose of personal or real property no longer needed by      |
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 2|the district by sale, exchange, lease, lease-purchase, sale and        |
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 3|partial lease back, or otherwise.  Real property shall be conveyed     |
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 4|pursuant to a public sale, public bid, or private sale; provided       |
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 5|however, unless otherwise prohibited by law, the board of education    |
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 6|of a consolidated or annexed school district or any other school       |
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 7|district may convey real property to a local political subdivision     |
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 8|or to an educational institution within The Oklahoma State System of   |
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 9|Higher Education or to a housing authority formed pursuant to the      |
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10|provisions of Section 1057 of Title 63 of the Oklahoma Statutes        |
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11|without consideration.  Prior to the sale of any real property, the    |
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12|board of education shall have the real property appraised.  The        |
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13|appraisal shall be confidential until the real property is sold.       |
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14|When the real property is sold, the board of education shall make      |
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15|the appraisal available for public inspection.  Prior to the           |
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16|conveyance of any real property by private sale, the board of          |
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17|education shall have offered the real property for sale by public      |
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18|sale or public bid.  Any conveyance of real property by private sale   |
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19|to a nonprofit organization, association, or corporation to be used    |
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20|for public purposes, unless for exchange, shall contain a              |
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21|reversionary clause which returns the real property to the board of    |
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22|education upon the cessation of the use without profit or for public   |
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23|purposes by the purchaser or the assigns of the purchaser;             |
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 1|    12.  Purchase necessary property, equipment, furniture, and        |
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 2|supplies necessary to maintain and operate an adequate school          |
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 3|system;                                                                |
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 4|    13.  Incur all expenses, within the limitations provided for by    |
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 5|law, necessary to perform all powers granted by the provisions of      |
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 6|this section;                                                          |
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 7|    14.  Contract with and fix the duties and compensation of          |
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 8|physicians, dentists, optometrists, nurses, attorneys,                 |
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 9|superintendents, principals, teachers, bus drivers, janitors, and      |
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10|other necessary employees of the district.  The board of education     |
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11|of a school district shall have the authority to enter into            |
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12|multi-year written contracts with principals and vice principals;      |
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13|    15.  Establish a written policy for reimbursement of necessary     |
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14|travel expenses of employees and members of the board.  The policy     |
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15|may include in-district travel from the site of employment             |
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16|assignment which is necessary in the performance of employment         |
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17|duties.  The written policy shall specify procedures, contain          |
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18|documentation requirements, and may include payment of meal expenses   |
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19|during authorized travel on a per diem allowance basis rather than     |
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20|itemized documentation;                                                |
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21|    16.  Pay necessary travel expenses and other related expenses of   |
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22|prospective employees for sponsored visits to the school district      |
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23|pursuant to a written policy specifying procedures containing          |
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24|documentation requirements equal to or greater than the requirements   |
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 1|specified by law for state employees in the State Travel               |
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 2|Reimbursement Act;                                                     |
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 3|    17.  Provide for employees' leaves of absence without pay;         |
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 4|    18.  Exercise sole control over all the schools and property of    |
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 5|the district, subject to other provisions of the Oklahoma School       |
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 6|Code;                                                                  |
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 7|    19.  Allow district-owned school buses to be used for              |
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 8|transportation of students from other districts or educational         |
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 9|institutions while within the district on educational tours.  This     |
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10|shall not restrict the authority of the board to authorize any other   |
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11|use of such buses which may now be permitted by law or rule of the     |
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12|State Board of Education;                                              |
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13|    20.  Enter into contractual agreements with the board of           |
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14|trustees of a multicounty library system, as defined in Section        |
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15|4-103 of Title 65 of the Oklahoma Statutes, a city-county library      |
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16|commission, as defined in Section 152 of Title 65 of the Oklahoma      |
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17|Statutes, or a rural single county library system, as defined in       |
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18|Section 1-104 of Title 65 of the Oklahoma Statutes, on such terms as   |
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19|may be mutually agreed, except no district board of education may      |
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20|enter into any agreement under which the library services for the      |
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21|school would be provided at any site other than the school site or     |
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22|which would result in library services that do not meet                |
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23|accreditation standards as required by law or rule;                    |
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 1|    21.  Perform all functions necessary to the administration of a    |
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 2|school district in Oklahoma as specified in the Oklahoma School        |
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 3|Code, and in addition thereto, those powers necessarily implied but    |
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 4|not delegated by law to any other agency or official;                  |
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 5|    22.  Prepare and distribute at the expense of the school           |
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 6|district any and all material which has the purpose of informing the   |
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 7|public about district activities;                                      |
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 8|    23.  Solicit and accept any gift, grant, or donation of money or   |
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 9|property for the use of the school district.  Any gift, grant, or      |
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10|donation of money may be deposited in the general fund or building     |
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11|fund of the school district; and                                       |
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12|    24.  Pay necessary meal and lodging expenses of school district    |
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13|students and sponsors involved in authorized school-sponsored          |
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14|cocurricular activities.  The board of education shall establish a     |
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15|written policy for reimbursement of necessary meal and lodging         |
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16|expenses of school district students and sponsors.  The written        |
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17|policy shall specify procedures, contain documentation requirements,   |
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18|and designate the funds from which reimbursement may be made.          |
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19|Reimbursement may be made from the General Fund.                       |
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20|    B.  The board of education of any school district may rent real    |
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21|and personal property, if such items are necessary for the operation   |
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22|of the school, and pay the rental charges for the usage during any     |
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23|fiscal year, or portion thereof, out of appropriations made and        |
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24|approved for current expense purposes during the fiscal year.  Any     |
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 1|rental contract extending beyond June 30 of the fiscal year shall be   |
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 2|void unless it contains provisions for mutual ratification of          |
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 3|renewal pursuant to the conditions provided for in this subsection.    |
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 4|It is the intent of this subsection to authorize boards of education   |
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 5|to enter into lease contracts but not to incur any obligation          |
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 6|against the school district in excess of the income and revenue        |
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 7|provided for such purposes for the fiscal year in which the lease      |
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 8|contract is operative.  Any lease or lease-purchase agreement          |
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 9|entered into by any board of education shall state the purchase        |
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10|price of real or personal property so leased.  The lease or            |
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11|lease-purchase shall not be extended so as to cause payment of more    |
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12|than the original purchase price of the real or personal property,     |
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13|plus interest not to exceed the legal rate.  When the purchase price   |
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14|plus interest has been paid, the property shall belong to the lessee   |
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15|and the lessor shall deliver a deed or bill of sale to the property    |
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16|to the lessee.  When any real or personal property has been leased     |
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17|or rented during any fiscal year pursuant to the provisions of any     |
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18|contract which permits continuance of the rental for the remainder     |
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19|of the fiscal year, the renting or leasing of the property shall be    |
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20|continued for the remainder of the fiscal year unless the board of     |
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21|education renting or leasing the same certifies by proper resolution   |
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22|entered in the minutes of the board of education that the              |
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23|continuance of the rental is unnecessary and contrary to the public    |
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24|interest.  Any lease-purchase agreement entered into shall include     |
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 1|the right of a school district to acquire buildings, equipment or      |
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 2|other facilities or discrete components thereof or improve school      |
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 3|sites through a lease-purchase agreement.  A school district may use   |
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 4|proceeds derived from the sale of bonds as authorized by Section 26    |
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 5|of Article X of the Oklahoma Constitution to make lease-purchase       |
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 6|payments, including interest, under a lease-purchase agreement.  For   |
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 7|purposes of this subsection, the term "acquired" as used in Section    |
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 8|26 of Article X of the Oklahoma Constitution shall mean the            |
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 9|possession, control, or power to dispose of personal or real           |
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10|property.                                                              |
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11|    C.  The boards of education of two or more school districts may    |
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12|enter into cooperative agreements and maintain joint programs          |
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13|including, but not limited to, courses of instruction for              |
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14|handicapped children, courses of instruction in music and other        |
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15|subjects, practical instruction for trades and vocations, practical    |
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16|instruction in driver training courses, and health programs            |
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17|including visual care by persons legally licensed for such purpose,    |
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18|without favoritism as to either profession.  The revenues necessary    |
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19|to operate a joint program approved in cooperative agreements,         |
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20|whether from federal, state or local sources, including the            |
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21|individual contributions of participating school districts, shall be   |
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22|deposited into a fund separate from all other appropriated funds.      |
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23|The beginning fund balance each year, combined with all actual         |
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24|revenues, including collected and estimated revenues, must be          |
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 1|appropriated before being expended.  Purchase orders shall be issued   |
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 2|against available appropriations and, once goods or services have      |
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 3|been received, either payable or nonpayable warrants shall be issued   |
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 4|in payment of all purchase orders.  The fund shall be reported as a    |
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 5|separate appropriated fund in all the financial reports of the         |
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 6|school district which is chosen by the other school districts to       |
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 7|keep the accounting records of the joint program.                      |
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 8|    D.  The boards of education of two or more school districts may    |
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 9|enter into a mutual contract or separate contracts with a              |
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10|superintendent, administrator, or teacher or with a person to          |
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11|provide support services, to serve as superintendent, administrator,   |
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12|or teacher, as appropriately qualified, or to provide support          |
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13|services, for each contracting district upon such terms and            |
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14|conditions as the parties may agree.  Nothing in this act section      |
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15|shall be construed to authorize or require annexation or               |
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16|consolidation of any school districts or the closing of any school     |
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17|site except pursuant to law as set forth in Section 7-101 et seq. of   |
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18|this title.                                                            |
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19|    E.  Any school district may operate or maintain a school or        |
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20|schools on any military reservation which is within the boundaries     |
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21|of the school district or which is adjacent to the school district,    |
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22|and provide the instruction in the school or schools to children of    |
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23|personnel on the military reservation and, in doing so, shall          |
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24|conform to all federal laws and requirements.                          |
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 1|    F.  The board of education of each school district shall adopt     |
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 2|and maintain on file in the office of the superintendent of schools    |
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 3|appropriate personnel policy and sick leave guide.  The guide shall    |
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 4|be made available to the public.                                       |
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 5|    G.  The board of education of any school district with an          |
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 6|average daily membership of thirty thousand (30,000) or more and all   |
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 7|or part of which school district is located in a county having more    |
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 8|than five hundred thousand (500,000) population according to the       |
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 9|latest Federal Decennial Census may contract with a public or          |
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10|private nonsectarian entity for that entity to provide educational     |
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11|and administrative services for the school district.  The              |
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12|educational services provided by a contracting entity may include      |
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13|but are not limited to the delivery of instructional service in core   |
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14|and noncore academic subjects to the students enrolled in the school   |
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15|district at one or more school sites or parts of sites within the      |
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16|district pursuant to the terms of an educational services contract.    |
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17|All educational service providers and their employees and              |
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18|representatives and all educational and administrative services        |
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19|provided under an educational services contract shall be exempt from   |
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20|all statutes and rules relating to schools, boards of education and    |
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21|school districts to the same extent that a charter school is exempt    |
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22|under the Oklahoma Charter Schools Act.  For all purposes, including   |
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23|but not limited to attendance, funding from all sources and            |
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24|accountability, all students who are provided services by a            |
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 1|contracting entity pursuant to an educational services contract        |
  |                                                                       |
 2|shall at all times be and remain students of the school district.      |
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 3|    SECTION 2.  This act shall become effective July 1, 2019.          |
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 4|    SECTION 3.  It being immediately necessary for the preservation    |
  |                                                                       |
 5|of the public peace, health or safety, an emergency is hereby          |
  |                                                                       |
 6|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
 7|be in full force from and after its passage and approval.              |
  |                                                                       |
 8|    Passed the Senate the 12th day of March, 2019.                     |
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 9|                                                                       |
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10|                                                                       |
  |                                    Presiding Officer of the Senate    |
11|                                                                       |
  |                                                                       |
12|    Passed the House of Representatives the ____ day of __________,    |
  |                                                                       |
13|2019.                                                                  |
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14|                                                                       |
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15|                                                                       |
  |                                     Presiding Officer of the House    |
16|                                                 of Representatives    |
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17|                                                                       |
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18|                                                                       |
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19|                                                                       |
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20|                                                                       |
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21|                                                                       |
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22|                                                                       |
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23|                                                                       |
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24|                                                                       |
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