Bill Text For SB0372 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 372                         By: Bice of the Senate            |
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  |                                         and                           |
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  |                                         Osburn of the House           |
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 9|       [ State Board of Education - authorizing the Board to           |
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10|         require the production of certain information -               |
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11|         effective date         emergency ]                            |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     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|2018, Section 3-104), is amended to read as follows:                   |
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18|    Section 3-104.  The supervision of the public school system of     |
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19|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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arsid2836816 SB372 HFLR                                            Page 1
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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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arsid2836816 SB372 HFLR                                            Page 2
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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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arsid2836816 SB372 HFLR                                            Page 3
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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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arsid2836816 SB372 HFLR                                            Page 4
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 1|              Oklahoma Statutes if the offense involved sexual abuse   |
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 2|              or sexual exploitation as those terms are defined in     |
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 3|              Section 1-1-105 of Title 10A of the Oklahoma Statutes,   |
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 4|              Sections 741, 843.1, if the offense included sexual      |
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 5|              abuse or sexual exploitation, 865 et seq., 885, 888,     |
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 6|              891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,         |
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 7|              1111.1, 1114 or 1123 of Title 21 of the Oklahoma         |
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 8|              Statutes or who enters this state and who has been       |
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 9|              convicted, received a suspended sentence or received a   |
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10|              deferred judgment for a crime or attempted crime         |
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11|              which, if committed or attempted in this state, would    |
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12|              be a crime or an attempt to commit a crime provided      |
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13|              for in any of said laws,                                 |
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14|         b.   all funds collected by the State Department of           |
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15|              Education for the issuance of certificates to            |
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16|              instructional, supervisory and administrative            |
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17|              personnel in the public schools of the state shall be    |
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18|              deposited in the "Teachers' Certificate Fund" in the     |
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19|              State Treasury and may be expended by the State Board    |
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20|              of Education to finance the activities of the State      |
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21|              Department of Education necessary to administer the      |
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22|              program, for consultative services, publication costs,   |
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23|              actual and necessary travel expenses as provided in      |
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24|              the State Travel Reimbursement Act incurred by persons   |
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arsid2836816 SB372 HFLR                                            Page 5
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 1|              performing research work, and other expenses found       |
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 2|              necessary by the State Board of Education for the        |
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 3|              improvement of the preparation and certification of      |
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 4|              teachers in Oklahoma.  Provided, any unobligated         |
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 5|              balance in the Teachers' Certificate Fund in excess of   |
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 6|              Ten Thousand Dollars ($10,000.00) on June 30 of any      |
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 7|              fiscal year shall be transferred to the General          |
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 8|              Revenue Fund of the State of Oklahoma.  Until July 1,    |
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 9|              1997, the State Board of Education shall have            |
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10|              authority for approval of teacher education programs.    |
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11|              The State Board of Education shall also have authority   |
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12|              for the administration of teacher residency and          |
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13|              professional development, subject to the provisions of   |
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14|              the Oklahoma Teacher Preparation Act;                    |
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15|    7.  Promulgate rules governing the classification, inspection,     |
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16|supervision and accrediting of all public nursery, kindergarten,       |
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17|elementary and secondary schools and on-site educational services      |
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18|provided by public school districts or state-accredited private        |
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19|schools in partial hospitalization programs, day treatment programs,   |
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20|and day hospital programs as defined in this act for persons between   |
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21|the ages of three (3) and twenty-one (21) years of age in the state.   |
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22| However, no school shall be denied accreditation solely on the        |
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23|basis of average daily attendance.                                     |
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arsid2836816 SB372 HFLR                                            Page 6
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 1|    Any school district which maintains an elementary school and       |
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 2|faces the necessity of relocating its school facilities because of     |
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 3|construction of a lake, either by state or federal authority, which    |
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 4|will inundate the school facilities, shall be entitled to receive      |
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 5|probationary accreditation from the State Board of Education for a     |
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 6|period of five (5) years after the effective date of this act and      |
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 7|any school district, otherwise qualified, shall be entitled to         |
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 8|receive probationary accreditation from the State Board of Education   |
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 9|for a period of two (2) consecutive years to attain the minimum        |
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10|average daily attendance.  The Head Start and public nurseries or      |
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11|kindergartens operated from Community Action Program funds shall not   |
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12|be subjected to the accrediting rules of the State Board of            |
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13|Education.  Neither will the State Board of Education make rules       |
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14|affecting the operation of the public nurseries and kindergartens      |
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15|operated from federal funds secured through Community Action           |
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16|Programs even though they may be operating in the public schools of    |
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17|the state.  However, any of the Head Start or public nurseries or      |
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18|kindergartens operated under federal regulations may make              |
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19|application for accrediting from the State Board of Education but      |
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20|will be accredited only if application for the approval of the         |
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21|programs is made.  The status of no school district shall be changed   |
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22|which will reduce it to a lower classification until due notice has    |
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23|been given to the proper authorities thereof and an opportunity        |
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arsid2836816 SB372 HFLR                                            Page 7
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 1|given to correct the conditions which otherwise would be the cause     |
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 2|of such reduction.                                                     |
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 3|    Private and parochial schools may be accredited and classified     |
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 4|in like manner as public schools or, if an accrediting association     |
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 5|is approved by the State Board of Education, by procedures             |
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 6|established by the State Board of Education to accept accreditation    |
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 7|by such accrediting association, if application is made to the State   |
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 8|Board of Education for such accrediting;                               |
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 9|    8.  Be the legal agent of the State of Oklahoma to accept, in      |
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10|its discretion, the provisions of any Act of Congress appropriating    |
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11|or apportioning funds which are now, or may hereafter be, provided     |
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12|for use in connection with any phase of the system of public           |
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13|education in Oklahoma.  It shall prescribe such rules as it finds      |
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14|necessary to provide for the proper distribution of such funds in      |
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15|accordance with the state and federal laws;                            |
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16|    9.  Be and is specifically hereby designated as the agency of      |
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17|this state to cooperate and deal with any officer, board or            |
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18|authority of the United States Government under any law of the         |
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19|United States which may require or recommend cooperation with any      |
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20|state board having charge of the administration of public schools      |
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21|unless otherwise provided by law;                                      |
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22|    10.  Be and is hereby designated as the "State Educational         |
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23|Agency" referred to in Public Law 396 of the 79th Congress of the      |
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24|United States, which law states that said act may be cited as the      |
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arsid2836816 SB372 HFLR                                            Page 8
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 1|"National School Lunch Act", and said State Board of Education is      |
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 2|hereby authorized and directed to accept the terms and provisions of   |
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 3|said act and to enter into such agreements, not in conflict with the   |
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 4|Constitution of Oklahoma or the Constitution and Statutes of the       |
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 5|United States, as may be necessary or appropriate to secure for the    |
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 6|State of Oklahoma the benefits of the school lunch program             |
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 7|established and referred to in said act;                               |
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 8|    11.  Have authority to secure and administer the benefits of the   |
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 9|National School Lunch Act, Public Law 396 of the 79th Congress of      |
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10|the United States, in the State of Oklahoma and is hereby authorized   |
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11|to employ or appoint and fix the compensation of such additional       |
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12|officers or employees and to incur such expenses as may be necessary   |
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13|for the accomplishment of the above purpose, administer the            |
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14|distribution of any state funds appropriated by the Legislature        |
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15|required as federal matching to reimburse on children's meals;         |
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16|    12.  Accept and provide for the administration of any land,        |
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17|money, buildings, gifts, donation or other things of value which may   |
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18|be offered or bequeathed to the schools under the supervision or       |
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19|control of said Board;                                                 |
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20|    13.  Have authority to require persons having administrative       |
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21|control of all school districts in Oklahoma to make such regular and   |
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22|special reports regarding the activities of the schools in said        |
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23|districts as the Board may deem needful for the proper exercise of     |
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24|its duties and functions.  Such authority shall include the right of   |
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arsid2836816 SB372 HFLR                                            Page 9
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 1|the State Board of Education to withhold all state funds under its     |
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 2|control, to withhold official recognition, including accrediting,      |
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 3|until such required reports have been filed and accepted in the        |
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 4|office of said Board and to revoke the certificates of persons         |
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 5|failing or refusing to make such reports;                              |
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 6|    14.  Have general supervision of the school lunch program.  The    |
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 7|State Board of Education may sponsor workshops for personnel and       |
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 8|participants in the school lunch program and may develop, print and    |
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 9|distribute free of charge or sell any materials, books and bulletins   |
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10|to be used in such school lunch programs.  There is hereby created     |
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11|in the State Treasury a revolving fund for the Board, to be            |
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12|designated the School Lunch Workshop Revolving Fund.  The fund shall   |
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13|consist of all fees derived from or on behalf of any participant in    |
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14|any such workshop sponsored by the State Board of Education, or from   |
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15|the sale of any materials, books and bulletins, and such funds shall   |
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16|be disbursed for expenses of such workshops and for developing,        |
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17|printing and distributing of such materials, books and bulletins       |
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18|relating to the school lunch program.  The fund shall be               |
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19|administered in accordance with Section 155 of Title 62 of the         |
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20|Oklahoma Statutes;                                                     |
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21|    15.  Prescribe all forms for school district and county officers   |
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22|to report to the State Board of Education where required.  The State   |
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23|Board of Education shall also prescribe a list of appropriation        |
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24|accounts by which the funds of school districts shall be budgeted,     |
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arsid2836816 SB372 HFLR                                            Page 10
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 1|accounted for and expended; and it shall be the duty of the State      |
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 2|Auditor and Inspector in prescribing all budgeting, accounting and     |
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 3|reporting forms for school funds to conform to such lists;             |
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 4|    16.  Provide for the establishment of a uniform system of pupil    |
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 5|and personnel accounting, records and reports;                         |
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 6|    17.  Have authority to provide for the health and safety of        |
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 7|school children and school personnel while under the jurisdiction of   |
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 8|school authorities;                                                    |
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 9|    18.  Provide for the supervision of the transportation of          |
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10|pupils;                                                                |
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11|    19.  Have authority, upon request of the local school board, to    |
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12|act in behalf of the public schools of the state in the purchase of    |
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13|transportation equipment;                                              |
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14|    20.  Have authority and is hereby required to perform all duties   |
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15|necessary to the administration of the public school system in         |
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16|Oklahoma as specified in the Oklahoma School Code; and, in addition    |
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17|thereto, those duties not specifically mentioned herein if not         |
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18|delegated by law to any other agency or official;                      |
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19|    21.  Administer the State Public Common School Building            |
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20|Equalization Fund established by Section 32 of Article X of the        |
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21|Oklahoma Constitution.  Any monies as may be appropriated or           |
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22|designated by the Legislature, other than ad valorem taxes, any        |
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23|other funds identified by the State Department of Education, which     |
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24|may include, but not be limited to, grants-in-aid from the federal     |
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arsid2836816 SB372 HFLR                                            Page 11
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 1|government for building purposes, the proceeds of all property that    |
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 2|shall fall to the state by escheat, penalties for unlawful holding     |
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 3|of real estate by corporations, and capital gains on assets of the     |
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 4|permanent school funds, shall be deposited in the State Public         |
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 5|Common School Building Equalization Fund.  The fund shall be used to   |
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 6|aid school districts and charter schools in acquiring buildings,       |
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 7|subject to the limitations fixed by Section 32 of Article X of the     |
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 8|Oklahoma Constitution.  It is hereby declared that the term            |
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 9|"acquiring buildings" as used in Section 32 of Article X of the        |
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10|Oklahoma Constitution shall mean acquiring or improving school         |
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11|sites, constructing, repairing, remodeling or equipping buildings,     |
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12|or acquiring school furniture, fixtures, or equipment.  For charter    |
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13|schools, the fund shall only be used to acquire buildings in which     |
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14|students enrolled in the charter school will be attending.  It is      |
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15|hereby declared that the term "school districts" as used in Section    |
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16|32 of Article X of the Oklahoma Constitution shall mean school         |
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17|districts and charter schools created pursuant to the provisions of    |
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18|the Oklahoma Charter Schools Act.  If sufficient monies are            |
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19|available in the fund, the Board shall solicit proposals for grants    |
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20|from school districts and charter schools and shall determine the      |
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21|process for consideration of proposals.  Grants shall be awarded       |
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22|only to school districts which have a total assessed property          |
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23|valuation per average daily membership that is less than the state     |
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24|average total assessed property valuation per average daily            |
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arsid2836816 SB372 HFLR                                            Page 12
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 1|membership and, at the time of application, the district has voted     |
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 2|the five-mill building fund levy authorized in Section 10 of Article   |
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 3|X of the Oklahoma Constitution, and has voted indebtedness through     |
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 4|the issuance of new bonds for at least fifty percent (50%) within      |
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 5|the last three (3) years of the maximum allowable pursuant to the      |
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 6|provisions of Section 26 of Article X of the Oklahoma Constitution     |
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 7|as shown on the school district budget filed with the State Board of   |
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 8|Equalization for the current school year and certifications by the     |
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 9|Attorney General prior to April 1 of the school year.  Grants shall    |
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10|be awarded only to charter schools which have secured matching funds   |
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11|for the specific purpose of acquiring buildings in an amount of not    |
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12|less than ten percent (10%) of the total grant amount.  The amount     |
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13|of each grant awarded by the Board each year shall not exceed Four     |
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14|Million Dollars ($4,000,000.00).  From the total amount available to   |
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15|provide grants to public schools and charter schools, charter          |
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16|schools shall be allocated the greater of ten percent (10%) of the     |
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17|total amount or the percent of students enrolled in charter schools    |
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18|that are not sponsored by the Statewide Virtual Charter School Board   |
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19|as compared to the student enrollment in school districts which have   |
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20|a total assessed property valuation per average daily membership       |
  |                                                                       |
21|that is equal to or less than twenty-five percent (25%) of the state   |
  |                                                                       |
22|total assessed property valuation per average daily membership.  The   |
  |                                                                       |
23|Board shall give priority consideration to school districts which      |
  |                                                                       |
24|have a total assessed property valuation per average daily             |
  |                                                                       |
arsid2836816 SB372 HFLR                                            Page 13
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 1|membership that is equal to or less than twenty-five percent (25%)     |
  |                                                                       |
 2|of the state average total assessed property valuation per average     |
  |                                                                       |
 3|daily membership.  The Board is authorized to prorate grants awarded   |
  |                                                                       |
 4|if monies are not sufficient in the fund to award grants to            |
  |                                                                       |
 5|qualified districts and charter schools.  The State Board of           |
  |                                                                       |
 6|Education shall make available to eligible charter schools any         |
  |                                                                       |
 7|unused grant funds that remain after the initial allocation to all     |
  |                                                                       |
 8|eligible public school districts and charter schools of this state.    |
  |                                                                       |
 9|The State Board of Education shall prescribe rules for making grants   |
  |                                                                       |
10|of aid from, and for otherwise administering, the fund pursuant to     |
  |                                                                       |
11|the provisions of this paragraph, and may employ and fix the duties    |
  |                                                                       |
12|and compensation of technicians, aides, clerks, stenographers,         |
  |                                                                       |
13|attorneys and other personnel deemed necessary to carry out the        |
  |                                                                       |
14|provisions of this paragraph.  The cost of administering the fund      |
  |                                                                       |
15|shall be paid from monies appropriated to the State Board of           |
  |                                                                       |
16|Education for the operation of the State Department of Education;      |
  |                                                                       |
17|    22.  Recognize that the Director of the Oklahoma Department of     |
  |                                                                       |
18|Corrections shall be the administrative authority for the schools      |
  |                                                                       |
19|which are maintained in the state reformatories and shall appoint      |
  |                                                                       |
20|the principals and teachers in such schools.  Provided, that rules     |
  |                                                                       |
21|of the State Board of Education for the classification, inspection     |
  |                                                                       |
22|and accreditation of public schools shall be applicable to such        |
  |                                                                       |
23|schools; and such schools shall comply with standards set by the       |
  |                                                                       |
24|State Board of Education; and                                          |
  |                                                                       |
arsid2836816 SB372 HFLR                                            Page 14
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 1|    23.  Have authority to administer a revolving fund which is        |
  |                                                                       |
 2|hereby created in the State Treasury, to be designated the             |
  |                                                                       |
 3|Statistical Services Revolving Fund.  The fund shall consist of all    |
  |                                                                       |
 4|monies received from the various school districts of the state, the    |
  |                                                                       |
 5|United States Government, and other sources for the purpose of         |
  |                                                                       |
 6|furnishing or financing statistical services and for any other         |
  |                                                                       |
 7|purpose as designated by the Legislature.  The State Board of          |
  |                                                                       |
 8|Education is hereby authorized to enter into agreements with school    |
  |                                                                       |
 9|districts, municipalities, the United States Government, foundations   |
  |                                                                       |
10|and other agencies or individuals for services, programs or research   |
  |                                                                       |
11|projects.  The Statistical Services Revolving Fund shall be            |
  |                                                                       |
12|administered in accordance with Section 155 of Title 62 of the         |
  |                                                                       |
13|Oklahoma Statutes; and                                                 |
  |                                                                       |
14|    24.  If the Board is unable to obtain the requested information,   |
  |                                                                       |
15|have authority to require the production of, by subpoena or other      |
  |                                                                       |
16|means, any records, books, papers, documents, other tangible things    |
  |                                                                       |
17|which constitute evidence which the Board finds relevant or material   |
  |                                                                       |
18|to an investigation relating to its functions as set forth in this     |
  |                                                                       |
19|section.                                                               |
  |                                                                       |
20|    SECTION 2.  This act shall become effective July 1, 2019.          |
  |                                                                       |
21|    SECTION 3.  It being immediately necessary for the preservation    |
  |                                                                       |
22|of the public peace, health or safety, an emergency is hereby          |
  |                                                                       |
23|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
24|be in full force from and after its passage and approval.              |
  |                                                                       |
arsid2836816 SB372 HFLR                                            Page 15
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 1|                                                                       |
  |                                                                       |
 2|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/09/2019   |
  |- DO PASS, As Amended.                                                 |
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arsid2836816 SB372 HFLR                                            Page 16
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