Bill Text For SB0600 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                          February 26, 2020                            |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR                                                                    |
 4|SENATE BILL NO. 600                  By: Stanislawski of the Senate    |
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 5|                                         and                           |
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 6|                                         Caldwell (Chad) of the        |
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 9|       [ school district division - guidelines for list -              |
  |       codification - effective date -            emergency ]          |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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15|in the Oklahoma Statutes as Section 7-109 of Title 70, unless there    |
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16|is created a duplication in numbering, reads as follows:               |
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17|    A.  By December 31, 2020, the State Department of Education        |
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18|shall publish a list of all dependent and independent school           |
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19|districts that had an average daily membership (ADM) of more than      |
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20|thirty thousand (30,000) for the 2019-2020 school year.                |
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21|    B.  A school district included in the list published pursuant to   |
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22|subsection A of this section shall be divided into two or more         |
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23|school districts if approved at an election called by the State        |
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24|Superintendent of Public Instruction to be held at the general         |
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arsid2837642 SENATE FLOOR VERSION - SB600 SFLR                     Page 1
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 1|election in November 2022.  The resulting two or more districts        |
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 2|shall have an ADM that is within five percentage points of each        |
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 3|other and an assessed valuation that is within five percentage         |
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 4|points of each other.                                                  |
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 5|    C.  If a majority of the school district electors approve the      |
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 6|division of a school district at the election required by subsection   |
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 7|B of this section, the State Board of Education and the State          |
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 8|Department of Education shall take action necessary to assist the      |
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 9|school districts to divide into two or more districts.  The            |
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10|assistance shall include:                                              |
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11|    1.  Establishment of new district boundaries for the districts     |
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12|resulting from the plan of division required by subsection B of this   |
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13|section.  The Department shall consult with the applicable council     |
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14|of governments established under the provisions of the Interlocal      |
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15|Cooperation Act in establishing the new boundaries;                    |
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16|    2.  Calculating the division of enrolled students.  The student    |
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17|population for each resulting district shall be within five            |
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18|percentage points of each other;                                       |
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19|    3.  Calculating the division of legal bonded indebtedness of the   |
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20|district.  Bonded indebtedness shall be divided based on the bonding   |
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21|capacity and student enrollment of each resulting district; and        |
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22|    4.  Creating a plan of division in coordination with the school    |
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23|districts included in the list published pursuant to subsection A of   |
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24|this section.  The plan shall address, at a minimum:                   |
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arsid2837642 SENATE FLOOR VERSION - SB600 SFLR                     Page 2
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 1|         a.    the utilization of property and equipment,              |
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 2|         b.    the assumption of all liabilities, assets, powers and   |
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 3|              duties of the school districts to be created,            |
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 4|         c.    the division of employees, and                          |
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 5|         d.    the transfer of student and employee records.           |
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 6|    D.  If a majority of the school district electors do not approve   |
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 7|the division of a school district at the election required by          |
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 8|subsection B of this section, the State Superintendent of Public       |
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 9|Instruction shall call an election every five (5) years thereafter     |
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10|to ask school district electors whether the school district shall be   |
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11|divided into two or more districts.                                    |
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12|    E.  The following provisions and the provisions of Section         |
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13|13A-101 et seq. of Title 26 of the Oklahoma Statutes shall govern      |
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14|the election of members of the boards of education of the resulting    |
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15|school districts created pursuant to this section:                     |
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16|    1.  At the general election to be held in April 2024, there        |
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17|shall be elected in each school district resulting from the division   |
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18|approved by a majority of school district electors pursuant to this    |
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19|section a board of education.  The board of education shall consist    |
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20|of five (5) board districts with boundaries to be determined by the    |
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21|State Board of Education consistent with the provisions of Section     |
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22|5-107A of Title 70 of the Oklahoma Statutes.  The board of education   |
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23|shall have the powers and duties provided by Section 5-117 of Title    |
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24|70 of the Oklahoma Statutes; and                                       |
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arsid2837642 SENATE FLOOR VERSION - SB600 SFLR                     Page 3
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 1|    2.  Each board of education of a resulting school district shall   |
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 2|consist of five (5) members to be elected as follows:                  |
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 3|         a.    one member elected to serve a term of five (5) years,   |
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 5|         b.    one member elected to serve an initial term of four     |
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 6|              (4) years.  A member thereafter elected shall serve a    |
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 7|              term of five (5) years,                                  |
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 8|         c.    one member elected to serve an initial term of three    |
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 9|              (3) years.  A member thereafter elected shall serve a    |
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10|              term of five (5) years,                                  |
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11|         d.    one member elected to serve an initial term of two      |
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12|              (2) years.  A member thereafter elected shall serve a    |
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13|              term of five (5) years, and                              |
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14|         e.    one member elected to serve an initial term of one      |
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15|              (1) year.  A member thereafter elected shall serve a     |
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16|              term of five (5) years.                                  |
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17|    F.  If a majority of school district electors approve the          |
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18|division of a school district pursuant to this section, the division   |
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19|of the school district included in the list published pursuant to      |
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20|subsection A of this section shall be complete, and the resulting      |
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21|districts shall be in operation, beginning July 1, 2024.               |
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22|    G.  1.  Beginning December 31, 2024, and each December 31          |
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23|thereafter, the State Department of Education shall publish a list     |
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arsid2837642 SENATE FLOOR VERSION - SB600 SFLR                     Page 4
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 1|of all dependent and independent school districts that had an ADM of   |
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 2|more than thirty thousand (30,000) for the previous school year.       |
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 3|    2.  A school district included in the list published pursuant to   |
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 4|paragraph 1 of this subsection shall be divided into two or more       |
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 5|school districts if approved at an election called by the State        |
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 6|Superintendent of Public Instruction to be held at the next            |
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 7|regularly scheduled general election.  The resulting two or more       |
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 8|districts shall have an ADM that is within five percentage points of   |
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 9|each other and an assessed valuation that is within five percentage    |
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10|points of each other.                                                  |
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11|    3.  If a majority of the school district electors approve the      |
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12|division of a school district, the State Board of Education and the    |
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13|State Department of Education shall take action as prescribed in       |
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14|subsection C of this section to assist school districts included in    |
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15|the list published pursuant to paragraph 1 of this subsection to       |
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16|reach a plan of division.                                              |
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17|    4.  If approved by a majority of the school district electors,     |
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18|the division of a school district included in the list published       |
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19|pursuant to paragraph 1 of this subsection shall be complete, and      |
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20|the resulting districts shall be in operation, beginning July 1 of     |
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21|the third year following publication of the list.                      |
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22|    5.  If a majority of the school district electors do not approve   |
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23|the division of a school district at an election required by           |
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24|paragraph 2 of this subsection, the State Superintendent of Public     |
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arsid2837642 SENATE FLOOR VERSION - SB600 SFLR                     Page 5
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 1|Instruction shall call an election every five (5) years thereafter     |
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 2|to ask school district electors whether the school district shall be   |
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 3|divided into two or more districts.                                    |
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 4|    H.  The State Board of Education shall promulgate rules            |
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 5|necessary to implement the provisions of this act.                     |
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 6|    SECTION 2.  This act shall become effective July 1, 2020.          |
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 7|    SECTION 3.  It being immediately necessary for the preservation    |
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 8|of the public peace, health or safety, an emergency is hereby          |
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 9|declared to exist, by reason whereof this act shall take effect and    |
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10|be in full force from and after its passage and approval.              |
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11|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS                       |
  |February 26, 2020 - DO PASS AS AMENDED                                 |
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arsid2837642 SENATE FLOOR VERSION - SB600 SFLR                     Page 6
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