Repealed by Laws 1949, p. 607, art. 20, § 9. §70-8-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-8-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-8-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-8-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-8-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-8-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-8-6.1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-8-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-8-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-8-9. Repealed by Laws 1968, c. 393, § 4. §70-8-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-8-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-8-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-8-101. Right to transfer. Any student residing in a school district that does not offer the grade which the student is entitled to pursue shall be allowed to transfer to a school district inside or outside of the transportation area in which the student resides which offers the grade the student is entitled to pursue. The district to which the student transfers shall be referred to as the receiving district. A student shall be limited to one transfer pursuant to this section. Thereafter, a student may apply for any other kind of transfer for which the student is eligible as provided for in the Education Open Transfer Act. Added by Laws 1971, c. 281, § 8-101, eff. July 2, 1971. Amended by Laws 1989, c. 250, § 1, operative July 1, 1989; Laws 1991, c. 3, § 10, eff. July 1, 1991; Laws 1991, c. 280, § 62, eff. July 1, 1991; Laws 2004, c. 55, § 1, emerg. eff. April 1, 2004. §70-8-101.1. Short title. Sections 20 through 29 of this act shall be known and may be cited as the “Education Open Transfer Act”. Added by Laws 1999, c. 320, § 19, eff. July 1, 1999. §70-8-101.2. Transfer of student from residential school district. A. Except as provided in subsection B of this section, on and after January 1, 2022, the transfer of a student from the district in which the student resides to another school district furnishing instruction in the grade the student is entitled to pursue shall be granted at any time in the year unless the number of transfers exceeds the capacity of a grade level for each school site within a school district. If the capacity of a grade level for each school site within a school district is insufficient to enroll all eligible students, the school district shall select transfer students in the order in which the district received the student transfer applications. The capacity of a school district shall be determined by the school district board of education based on its policy adopted pursuant to subsection B of this section. A student may be granted a one-year transfer and shall automatically continue to attend the school each school year to which the student transferred, unless the school district denies the continued transfer for the reasons outlined in paragraphs 1 and 2 of subsection B of this section. At the end of each school year, a school district may only deny continued transfer of the student for the reasons outlined in paragraphs 1 and 2 of subsection B of this section. Any brother or sister of a student who transfers may attend the school district to which the student transferred, if the school district policy gives preference to sibling transfers regardless of capacity, and the brother or sister of the transferred student does not meet a basis for denial as outlined in paragraphs 1 and 2 of subsection B of this section. Any child in the custody of the Department of Human Services in foster care who is living in the home of a student who transfers may attend the school district to which the student transferred. Except for a child in the custody of the Department of Human Services in foster care, a transfer student shall not transfer more than two (2) times per school year to one or more school districts in which the student does not reside, provided that the student may always reenroll at any time in his or her school district of residence. At the discretion of the receiving district, a student who has attended a school district as a resident student for at least three (3) years prior to becoming eligible to apply as a transfer student may be allowed to transfer to the school district regardless of capacity. If the grade a student is entitled to pursue is not offered in the district where the student resides, the transfer shall be automatically approved. B. Each school district board of education shall adopt a policy to determine the number of transfer students the school district has the capacity to accept in each grade level for each school site within a school district no later than January 1, 2022. The policy may include: 1. The acts and reasons outlined in Section 24-101.3 of this title as a basis for denial of a transfer; and 2. A history of absences as a basis for denial of a transfer. For the purposes of this section, "history of absences" means ten or more absences in one semester that are not excused for the reasons provided for in subsection B of Section 10-105 of this title or due to illness. The policy shall be publicly posted on the school district website. C. By the first day of January, April, July and October, the school district board of education shall establish the number of transfer students the school district has the capacity to accept in each grade level for each school site within a school district. D. After establishing the number of transfer students the school district has the capacity to accept in each grade level for each school site within a school district, the board of education shall: 1. Publish in a prominent place on the school district website the number of transfer students for each grade level for each school site within a school district which the school district has the capacity to accept; and 2. Report to the State Department of Education the number of transfer students for each grade level for each school site within a school district which the school district has the capacity to accept. E. If a transfer request is denied by the school district, the parent of the student may appeal the denial within ten (10) days of notification of the denial to the receiving school district board of education. The receiving school district board of education shall consider the appeal at its next regularly scheduled board meeting. If the receiving school district board of education denies the appeal, the parent of the student may appeal the denial within ten (10) days of notification of the appeal denial to the State Board of Education. The parent shall submit to the State Board of Education and the superintendent of the receiving school a notice of appeal on a form prescribed by the State Board of Education. The appeal shall be considered by the State Board of Education at its next regularly scheduled meeting, where the parent and a representative from the receiving school district may address the Board. The State Board of Education shall promulgate rules to establish the appeals process authorized by this subsection. F. Each school district board of education shall submit to the State Department of Education the number of student transfers approved and denied and whether each denial was based on capacity, acts and reasons outlined in Section 24-101.3 of this title or a history of absences as provided for in paragraph 2 of subsection B of this section. The State Department of Education shall publish the data on its website and make the data available to the Office of Educational Quality and Accountability. G. Each year, the Office of Educational Quality and Accountability shall randomly select ten percent (10%) of the school districts in the state and conduct an audit of each district's approved and denied transfers based on the provisions of the policies adopted by the respective school district board of education. If the Office finds inaccurate reporting of capacity levels by a school district, the Office shall set the capacity for the school district. Added by Laws 1999, c. 320, § 20, eff. July 1, 1999. Amended by Laws 2000, c. 232, § 8, eff. July 1, 2000; Laws 2015, c. 363, § 2, eff. July 1, 2015; Laws 2021, c. 6, § 1, emerg. eff. March 31, 2021; Laws 2022, c. 193, § 1, emerg. eff. May 4, 2022; Laws 2025, c. 451, § 1, eff. July 1, 2025. §70-8-102. Repealed by Laws 1999, c. 320, § 57, eff. July 1, 1999. §70-8-103. Application for transfer - Procedure. A. In order that any student may be transferred, an application form specified by the State Board of Education must be completed by the parents of the student. For purposes of the Education Open Transfer Act, the term “parent” means the parent of the student or person having custody of the student as provided for in paragraph 1 of subsection A of Section 1-113 of this title. The application shall be filed with the superintendent of the receiving school district for transfers to school districts in this state and with the State Board of Education for transfers to school districts in another state. B. On or before the first day of January, April, July and October, it shall be the duty of the superintendent of the receiving school district to file with the State Board of Education and each resident district a statement showing the names of the students granted transfers to the school district, the resident school district of the transferred students and their respective grade level. C. For students who are deaf or hearing-impaired who wish to transfer to a school district with a specialized deaf education program, applications may be filed at any time during the school year. The student may transfer to the receiving school district at any time during the school year. D. The school district shall enroll transfer students in the order in which they submit their applications. If the number of student transfer applications exceeds the capacity of a receiving school district, as determined by subsection A of Section 8-101.2 of this title, the district shall select transfer students in the order in which the district received the student transfer applications. E. If a transfer application is denied based on the receiving school district’s open transfer policy adopted pursuant to subsection B of Section 8-101.2 of this title, the parent of the student may appeal the decision as provided for in subsection E of Section 8-101.2 of this title. Added by Laws 1971, c. 281, § 8-103, eff. July 2, 1971. Amended by Laws 1989, 1st Ex.Sess., c. 2, § 89, operative July 1, 1990; Laws 1993, c. 239, § 35, eff. July 1, 1993; Laws 1994, c. 232, § 2, emerg. eff. May 25, 1994; Laws 1999, c. 320, § 21, eff. July 1, 1999; Laws 2000, c. 232, § 9, eff. July 1, 2000; Laws 2003, c. 434, § 12; Laws 2006, c. 248, § 1, emerg. eff. June 7, 2006; Laws 2013, c. 184, § 1, eff. Nov. 1, 2013; Laws 2021, c. 6, § 2, emerg. eff. March 31, 2021. NOTE: Laws 2013, c. 312, § 2 repealed by Laws 2014, c. 12, § 1, eff. Nov. 1, 2014. §70-8-103.1. Transfer of student not residing in district - Criteria and standards - Children of military personnel. A. A local school district board of education which receives a request for a transfer for a student who does not reside in the school district may refuse the transfer in accordance with the provisions of the open transfer policy adopted by the local school district board of education and subject to the provisions of subsections B and C of this section. Each local board of education shall adopt an open transfer policy for the school district which specifies its criteria and standards for approval of transfers of students who do not reside in the district. The policy shall include, but shall not be limited to, provisions relating to the availability of programs, staff, or space as criteria for approval or denial of transfers. A school district may include in the policy as the basis for denial of a transfer, the reasons outlined in Section 24-101.3 of this title. In considering requests for students to transfer into a school district, the board of education shall consider the requests on a first-come, first-serve basis. A school district shall not accept or deny a transfer based on ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language, measure of achievement, aptitude, or athletic ability. Notwithstanding the provisions of the Education Open Transfer Act, transfers of children with disabilities shall be granted as authorized in Section 13-103 of this title. B. A local school district board of education shall adopt a policy for the school district regarding the transfer of students who are the dependent children of a member of the active uniformed military services of the United States on full-time active duty status and students who are the dependent children of a member of the military reserve on active duty orders. The policy shall provide for the approval of the transfer if: 1. At least one parent of the student has a Department of Defense-issued identification card; and 2. The student will be residing with a relative of the student who lives in the receiving school district or who will be living in the receiving school district within six (6) months of the filing of the application for transfer. C. 1. A student shall be considered in compliance with the residency provisions of Section 1-113 of this title if he or she is a student whose parent or legal guardian is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order. 2. A school district shall accept applications by electronic means for enrollment including enrollment in a specific school or program within the school district and course registration for students described in paragraph 1 of this subsection. 3. a. A student shall not be precluded from enrollment prior to residency as provided in this subsection for any of the following: (1) having an individualized education program or an individualized family service plan under the Individuals with Disabilities Education Act, 29 U.S.C., Section 1400 et seq., (2) receiving or qualifying for special education courses or services, or (3) receiving or qualifying for accommodations or services under the Rehabilitation Act of 1973, 29 U.S.C., Section 504. b. If the enrolling student is transferring with an individualized education program, an individualized family service plan, or a Section 504 plan, the district board of education shall take the necessary steps including, but not limited to, the transfer of records and any prior evaluations, the performance of reevaluations, if necessary, and meetings to ensure that comparable services are in place prior to the student's first day of school in the state. 4. The parent or legal guardian of a student described in paragraph 1 of this subsection shall provide proof of residence in the school district within ten (10) days after the published arrival date provided on official documentation. A parent or legal guardian may use the following addresses as proof of residence: a. a temporary on-base billeting facility, b. a purchased or leased home or apartment, or c. federal government or public-private venture off-base military housing. D. For purposes of this section: 1. "Active military duty" means full-time military duty status in the active uniformed service of the United States including members of the National Guard and Military Reserve on active duty orders; and 2. "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship or other installation under the jurisdiction of the Department of Defense or the United States Coast Guard. Added by Laws 1999, c. 320, § 22, eff. July 1, 1999. Amended by Laws 2013, c. 285, § 2, eff. Nov. 1, 2013; Laws 2021, c. 73, § 1, eff. July 1, 2021; Laws 2025, c. 451, § 2, eff. July 1, 2025. NOTE: Laws 2021, c. 6, § 3 repealed by Laws 2025, c. 451, § 4, eff. July 1, 2025. §70-8-103.2. Extramural athletic competition for transfer student not residing in district. Except as otherwise provided, a student who enrolls, pursuant to the Education Open Transfer Act or pursuant to Section 2 of this act, in a school district in which the student is not a resident shall not be eligible to participate in school-related extramural athletic competition governed by the Oklahoma Secondary School Activities Association for a period of one (1) year from the first day of attendance at the receiving school unless the transfer is from a school district which does not offer the grade the student is entitled to pursue. If the student is granted an emergency transfer pursuant to Section 8-104 of this title, was granted a transfer for any reason prior to January 1, 2000, or enrolls pursuant to the Education Open Transfer Act and qualifies for a hardship waiver pursuant to the rules of the Oklahoma Secondary School Activities Association, eligibility to participate in school-related extramural athletic competition shall be determined by the Oklahoma Secondary School Activities Association. Added by Laws 1999, c. 320, § 23, eff. July 1, 1999. Amended by Laws 2000, c. 232, § 10, eff. July 1, 2000; Laws 2006, c. 93, § 1, eff. July 1, 2006. §70-8-104. Repealed by Laws 2021, c. 6, § 5, emerg. eff. March 31, 2021. §70-8-105. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993. §70-8-106. School dispensed with - Transfer of pupils - Annexation. A. Upon a majority vote of the electors in a school district voting at the annual school district election or at a special school district election called for such purpose and held not later than June 30, either a high school or a grade school, or both, shall be dispensed with for the ensuing year. An election for such purpose shall also be held upon petition for an election, signed by forty percent (40%) of the school district electors. To calculate the sufficiency of the number of signatures on a petition, the forty percent (40%) figure shall be applied to the highest number of voters voting in a regular school election in the school district in the preceding five (5) years as determined by the secretary of the county election board. The secretary of the county election board shall certify the sufficiency of the number of signatures on the petition. The election shall be conducted by the county election board in accordance with Sections 13A-101 through 13A-111 of Title 26 of the Oklahoma Statutes. The secretary of the county election board shall notify the State Board of Education of the results of every election held to dispense with school. B. All of the pupils who would be entitled to attend school in the grades dispensed with shall be transferred to another school district or districts maintaining courses of instruction which such pupils are entitled to pursue. The parent or guardian of each child to be transferred shall be required to file an application for the transfer of the child or children with the State Department of Education, within ten (10) days after the results of the election are declared. The procedures for such transfers shall be determined by the State Board of Education. C. Any school district which dispenses with its entire school district for the ensuing year, as provided herein, shall be mandatorily annexed on July 1 by the State Board of Education to another school district or other districts to which pupils of such dispensed school district have been transferred. Provided, if a school district does not officially dispense with its school and fails to open or maintain a school for such ensuing year, the State Board of Education, except in cases where reasons over which the district had no control causes a normal delay in the opening or maintenance of such school, shall at its next regular meeting, annex such school district to another school district or other districts to which pupils have been transferred. Provided further that if a school district does not have an average daily attendance that meets the State Board of Education regulations for accrediting purposes and does not dispense with its school by June 30, the State Board of Education shall annex such district to the high school transportation area in which the district is situated at the first regular or special meeting in July. Laws 1971, c. 281, § 8-106, eff. July 2, 1971; Laws 1990, c. 284, § 1, eff. Sept. 1, 1990; Laws 1992, c. 324, § 13, eff. July 1, 1992; Laws 1993, c. 239, § 37, eff. July 1, 1993. §70-8-107. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122, operative July 1, 1990. §70-8-108. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122, operative July 1, 1990. §70-8-109. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §122, operative July 1, 1990. §70-8-110. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993. §70-8-111. Repealed by Laws 1981, c. 356, § 7. §70-8-112. Student transfer fees abolished - Other fees unaffected - Contract to waive transfer fees prohibited - Transfer forms. A. Except as provided in subsection B of this section, on and after July 1, 1990, no school district shall be required to pay and no school district shall charge any other school district a fee for the transfer of a student. Specifically, transfer fees shall not be permitted for transfers between elementary school districts, for transfers between independent school districts or for transfers between independent school districts and elementary school districts. B. Nothing herein shall prevent the payment or charging of any other fee for the transfer of a student as required by law. Except as otherwise provided for in the Education Open Transfer Act, school districts shall not be permitted to contract to waive transfer fees with regard to special education pupil transfers. C. The State Board of Education shall establish the necessary and appropriate application forms sufficient to enable school districts to accomplish transfers and to comply with the provisions of Sections 8-101 through 8-106 of this title. Upon establishment of such forms, the State Board of Education shall notify each school district of the content thereof. Added by Laws 1989, 1st Ex.Sess., c. 2, § 92, operative July 1, 1990. Amended by Laws 1991, c. 3, § 12, eff. July 1, 1991; Laws 1991, c. 280, § 63, eff. July 1, 1991; Laws 1993, c. 239, § 38, eff. July 1, 1993; Laws 1999, c. 320, § 25, eff. July 1, 1999. §70-8-113. Transfer to district where parent or legal guardian is employed. A student shall be allowed to transfer to a school district in which the parent or legal guardian of the student is employed by the district, if the school district policy on student transfers grants preference for children of employees, regardless of school district capacity. Added by Laws 2006, c. 93, § 2, eff. July 1, 2006. Amended by Laws 2021, c. 6, § 4, emerg. eff. March 31, 2021; Laws 2022, c. 193, § 2, emerg. eff. May 4, 2022. §70-8-114. Intra-district transfers - School capacity - Enrollment preferences. A. Except as provided in subsection B of this section, beginning July 1, 2024, the transfer of a student from one school site to another school site within the school district where the student resides shall be approved at any time in the year, unless the grade level of the receiving school site has reached capacity. If the capacity of a grade level is insufficient to enroll all eligible students, the school district shall select intra-district transfer students based on the preferences outlined in paragraph 1 of subsection B of this section and then in the order in which the intra-district transfer applications were received. The school district board of education shall determine the capacity of a school site based on its policy adopted pursuant to subsection B of this section. A student may be granted a one-year intra-district transfer and shall automatically continue to attend the school site where the student transferred each school year, unless the school district denies the continued intra-district transfer for the reasons outlined in paragraphs 2 and 3 of subsection B of this section. At the end of each school year, a school district may only deny continued intra-district transfer of the student for the reasons outlined in paragraphs 2 and 3 of subsection B of this section. 1. Any sibling of a student who transfers intra-district may attend the school site to which the student transferred if the school district policy gives preference to sibling transfers regardless of capacity and the sibling of the transferred student does not meet a basis for denial as outlined in paragraphs 2 and 3 of subsection B of this section. 2. The child of a school district employee who resides in the school district but wishes to attend a different school site within the school district where the student resides may be granted an intra-district transfer if the school district policy gives preference to the transfer of children of school district employees and the student does not meet a basis for denial as outlined in paragraphs 2 and 3 of subsection B of this section. 3. A student who changes residence within a school district and who wishes to attend the same school site may be granted an intra- district transfer if the school district policy gives preference to such transfers and the student does not meet a basis for denial as outlined in paragraphs 2 and 3 of subsection B of this section. 4. Any child in the custody of the Department of Human Services and living in foster care who resides in the home of another student who transfers intra-district may attend the school site to which the student transferred. Except for a child in the custody of the Department of Human Services in foster care, an intra-district transfer student shall not transfer more than two times per school year to other school sites within the school district where the student resides, provided that the student may always reenroll at any time in his or her school site of residence. B. Each school district board of education shall adopt a policy to determine the number of intra-district transfer students the school district has the capacity to accept in each grade level for each school site within a school district no later than July 1, 2024. The policy shall be publicly posted on the school district website. The policy: 1. Shall include an enrollment preference and reserve capacity for: a. students who reside in the school site boundary, b. students who attended the school site the prior school year, c. siblings of students who are already enrolled at the school site, d. children of school district employees who wish to attend a different school site within the school district, and e. students who change residence within a school district and who wish to attend the same school site; 2. May include the acts and reasons outlined in Section 24- 101.3 of this title as a basis for denial of an intra-district transfer; and 3. May include a history of absences as a basis for denial of an intra-district transfer. For the purposes of this section, "history of absences" means ten or more absences in one semester that are not excused for the reasons provided in subsection B of Section 10-105 of this title or due to illness. C. By the first day of January, April, July, and October of each year, the school district board of education shall establish the number of intra-district transfer students the school district has the capacity to accept in each grade level for each school site within the district. D. After establishing the number of intra-district transfer students the school district has the capacity to accept in each grade level for each school site, the board of education shall: 1. Publish in a prominent place on the school district website the number of intra-district transfer students for each grade level for each school site within the school district which the district has the capacity to accept; and 2. Report to the State Department of Education the number of intra-district transfer students for each grade level for each school site within the school district which the district has the capacity to accept. E. 1. Notwithstanding the provisions of this section, school districts shall allow students who are the dependent children of a member of the active uniformed military services of the United States on full-time active duty status, and students who are the dependent children of a member of the military reserve on active duty orders, provisional eligibility for intra-district transfers regardless of capacity. The number of intra-district transfers specific to military dependents shall be based on two (2) military dependents per one hundred (100) enrolled students at the elementary school level, four (4) military dependents per one hundred (100) students at the middle school level, and six (6) military dependents at the high school level. Students shall be eligible under this subsection as outlined in paragraphs 1 and 2 of subsection B of Section 8-103.1 of this title. 2. For purposes of this subsection: a. "elementary school" means kindergarten through fifth grade, b. "middle school" means sixth grade through eighth grade, and c. "high school" means ninth grade through twelfth grade. Added by Laws 2024, c. 368, § 1, emerg. eff. May 31, 2024. Amended by Laws 2025, c. 451, § 3, eff. July 1, 2025. §70-9-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-6. Repealed by Laws 1955, p. 445, § 55. §70-9-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-9. Repealed by Laws 1961, p. 553, § 1. §70-9-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-15. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-17. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-18. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-19. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-9-20. Repealed by Laws 1961, p. 553, § 1. §70-9-101. Transportation provided. A. Any school district may provide transportation for any child who is participating in any prekindergarten or early childhood program operated by the school district or any child who is participating in any Head Start program offered within the school district. B. Upon a request for a student transfer pursuant to the provisions of the Education Open Transfer Act, if the parent of the student requests that the receiving district provide transportation for the student, and if the receiving district grants the transfer, then the receiving district may provide such transportation. C. Any school district may provide transportation for each student who should attend any public elementary or secondary school when, and only when, transportation is necessary for accomplishment of one of the following purposes: 1. To provide adequate educational facilities and opportunities which otherwise would not be available, which shall include those purposes provided in the Education Open Transfer Act; and 2. To transport students whose homes are more than a reasonable walking distance, as defined by regulations of the State Board of Education, from the school attended by such student. Provided, that no state funds shall be paid for the transportation of a student whose residence is within one and one-half (1 1/2) miles from the school attended by such student. Added by Laws 1971, c. 281, § 9-101, eff. July 2, 1971. Amended by Laws 1973, c. 211, § 32, emerg. eff. May 22, 1973; Laws 1987, c. 104, § 1, emerg. eff. May 22, 1987; Laws 1989, c. 335, § 4, eff. July 1, 1989; Laws 1999, c. 320, § 26, eff. July 1, 1999; Laws 2023, c. 177, § 2, eff. July 1, 2023. §70-9-101.1. Inspection of transportation equipment - Official inspector. A. The board of education of any school district furnishing transportation shall require that all transportation equipment, as defined in paragraph 1 of subsection A of Section 9-104 of this title, operated by that school district be inspected once a year by an official inspector, as designated by the State Board of Education, to verify that the transportation equipment is being maintained and operated in accordance with all the requirements of the rules of the State Board of Education and state and federal law. The inspection shall include an examination and test of the brakes, steering, front and rear wheel suspension, exhaust systems, wheels and tires, windshield wipers, horn or warning device, proper adjustment of turn signals, windshield, and other glass and lighting equipment, and if applicable, stop signal arms, and emergency exits and equipment. A record of the inspection shall be maintained by the school district and shall be available for inspection upon request. B. For purposes of this section, “official inspector” means a person who, by training and experience specified by rule promulgated by the State Board of Education, is eligible to conduct inspections. C. Failure to comply with subsection A of this section shall result in a loss of state funds to that school district in an amount to be determined by the State Board of Education. D. The Oklahoma Department of Public Safety may perform inspections of all school transportation equipment and inspection records. Added by Laws 2002, c. 185, § 1. Amended by Laws 2008, c. 439, § 5, eff. July 1, 2008. §70-9-103. Purchase or contract for use of vehicles - Lettering. The board of education of any school district authorized to furnish transportation to school children may purchase and maintain suitable vehicles for such use and/or may contract with responsible individuals or another school district to furnish all or part of said transportation. All such contractors, however, shall be subject to statutory provisions relating to the transportation of school children. Every vehicle with a capacity of ten passengers or more used in transporting school children shall have painted in letters not less than eight (8) inches in height on the front thereof the words, "SCHOOL BUS," and on the rear thereof in letters of the same size, "SCHOOL BUS." Laws 1971, c. 281, § 9-103, eff. July 2, 1971; Laws 1973, c. 112, § 4. §70-9-104. Transportation equipment - Definitions - Construction and maintenance - Colors - Penalty. A. As used in this title: 1. “Transportation equipment” means any vehicle or conveyance used for transportation of pupils from their homes to school and from school to their homes when the cost of rent, lease, purchase, maintenance, or operation of said vehicle or conveyance is defrayed in whole or in part from public school funds; and 2. “Auxiliary transportation equipment” includes but is not limited to equipment used for transporting students to and from extracurricular activities but does not include transportation equipment used for transporting students from their homes to school and from school to their homes. B. 1. All transportation equipment shall be of such construction as to provide safe, comfortable and economical transportation of passengers. All such equipment which is used to transport ten or more public school children at one time shall be constructed, maintained and operated in accordance with all requirements of laws of the State of Oklahoma and rules of the State Board of Education. 2. All auxiliary transportation equipment shall be of such construction as to provide safe, comfortable and economical transportation of passengers. All auxiliary transportation equipment which is used to transport ten or more public school children at one time shall be constructed and maintained in accordance with all requirements of laws of this state. C. Nothing in this act shall prevent the bidding by and purchase of new or used transportation equipment or new or used auxiliary transportation equipment from out-of-state dealers so long as they comply with Section 561 et seq. of Title 47 of the Oklahoma Statutes regulating and licensing manufacturers, distributors, dealers, salesmen, etc., and hold a current motor vehicle dealers’ license. D. Notwithstanding any other provision of law, a district board of education may paint or purchase auxiliary transportation equipment in a color or colors other than National School Bus Yellow. E. Any person violating the provisions of this section shall be guilty of a misdemeanor. Added by Laws 1971, c. 281, § 9-104, eff. July 2, 1971. Amended by Laws 1974, c. 244, § 2; Laws 1994, c. 138, § 1, eff. July 1, 1994; Laws 2004, c. 533, § 1, eff. July 1, 2004. §70-9-105. Boundaries of areas of transportation - Definite routes - Rules and regulations. A. The State Board of Education shall determine and fix definite boundaries of the area in which each school district shall provide transportation for each school. When an elementary school district is surrounded by an independent school district, the independent school district shall be designated as the transportation area for the high school students in the elementary school district. B. The State Board of Education is authorized to establish definite routes in each transportation area, and it shall be the further duty of said Board to make rules and regulations as to the manner in which said area and routes may be established or changed. A board of education may provide transportation to students living outside of the boundaries and routes established by the State Board of Education. C. The State Board shall promulgate rules as are necessary to implement the provisions of this section. Laws 1971, c. 281, § 9-105, eff. July 2, 1971; Laws 1976, c. 273, § 24, emerg. eff. June 17, 1976; Laws 1991, c. 3, § 13, eff. July 1, 1991; Laws 1992, c. 254, § 7, emerg. eff. May 22, 1992; Laws 2023, c. 177, § 3, eff. July 1, 2023. §70-9-106. Insurance to pay damages - Actions against school district. The board of education of any school district authorized to furnish transportation may purchase insurance for the purpose of paying damages to persons sustaining injuries proximately caused by the operation of motor vehicles used in transporting school children. The operation of said vehicles by school districts, however, is hereby declared to be a public governmental function, and no action for damages shall be brought against a school district under the provisions of this section but may be brought against the insurer, and the amount of the damages recoverable shall be limited in amount to that provided in the contract of insurance between the district and the insurer and shall be collectible from said insurer only. The provisions of this section shall not be construed as creating any liability whatever against any school district which does not provide said insurance. Added by Laws 1971, c. 281, § 9-106, eff. July 2, 1971. §70-9-107. Rules of the road. Each school bus shall be operated in conformity with all rules of the road duly established by law and shall observe traffic requirements for the route which it travels. Added by Laws 1971, c. 281, § 9-107, eff. July 2, 1971. §70-9-108. Additional transportation - Expenses. The board of education of any school district furnishing transportation is hereby authorized to furnish, in addition to free transportation to and from school, transportation within or without the district, within or outside of this state, for children attending the schools of that district, for the purpose of attending cocurricular and extracurricular activities. Two or more districts may enter into agreements for the furnishing of such transportation. The expense of any such additional transportation shall be paid by the children so transported, by the school activity or school organization receiving benefit from such transportation, or from other private sources. Money so collected shall not be chargeable to or become a part of the school district's finances. Added by Laws 1971, c. 281, § 9-108, eff. July 2, 1971. Amended by Laws 1994, c. 290, § 70, eff. July 1, 1994; Laws 2001, c. 33, § 86, eff. July 1, 2001; Laws 2005, c. 472, § 12, eff. July 1, 2005. §70-9-109. Price list and description of transportation equipment. The State Board of Education is hereby authorized to request a price list and a complete description and specifications of any transportation equipment to be offered for sale to any school board or board of education of any district in the State of Oklahoma. The State Board of Education shall examine such equipment to determine whether or not such equipment meets the requirements of the National School Bus Standards and such other specifications as the State Board of Education may determine as necessary to provide safe transportation for pupils to and from school and shall approve for sale to all schools in the State of Oklahoma transportation equipment, including bus bodies and chassis, which equipment meets or exceeds the specifications provided for the National School Bus Standards and such other specifications as the State Board of Education may deem as necessary. Any equipment fueled by alternative fuels as defined in Section 130.13 of Title 74 of the Oklahoma Statutes shall also meet any federal safety standards specified for any equipment used to provide transportation for pupils to and from school. The State Board of Education may approve auxiliary transportation equipment that is not National School Bus Yellow in color. The State Board of Education shall make a list of the equipment approved by them and the maximum price at which such equipment can be purchased. The list shall include a complete description of the equipment. Such description shall include the specification of the school bus bodies and chassis as well as the factory list price of such equipment at the various factories. Such list shall be made available to all school districts authorized to purchase transportation equipment. Provided, at any time there shall be any change of specifications or prices by manufacturers of chassis or bodies, there shall be filed with the State Board of Education a revised set of specifications and prices. The school board or board of education of any school district authorized to furnish transportation for pupils to and from school and receiving any State Aid funds, except as provided for in this section, shall be required to purchase all their transportation equipment from the list so provided on sealed bids and at a price not greater than the price filed with the State Board of Education; and the State Board of Education shall be required to deduct from any State Aid for which the school district may qualify the amount paid by any school district for transportation equipment not approved by the State Board of Education or the amount paid greater than shown on the price list for that transportation equipment filed with the State Board of Education. Unless otherwise exempted by this section, all purchases made under the provisions of this act for transportation shall be made upon sealed bids, and contract of purchase shall be awarded to the lowest and best bidder. Provided, however, any purchase or sale of used transportation equipment shall not be subject to the list and sealed bid requirements as provided for in this section. The State Board of Education shall adopt rules necessary for the administration of this section and shall require from school district boards of education such information and reports as necessary for proper administration of this section. Any cost of administration of this section shall be paid by the State Board of Education from funds appropriated for the administration of the State Aid Law. Added by Laws 1971, c. 281, § 9-109, eff. July 2, 1971. Amended by Laws 1990, c. 294, § 16, operative July 1, 1990; Laws 1994, c. 138, § 2, eff. July 1, 1994; Laws 1995, c. 176, § 1, eff. July 1, 1995; Laws 2002, c. 397, § 32, eff. Nov. 1, 2002; Laws 2005, c. 472, § 13, eff. July 1, 2005. §70-9-110. Special Transportation Revolving Fund. There is hereby created a revolving fund, to be known and designated as the "Special Transportation Revolving Fund," which shall consist of all appropriations made for the purposes hereinafter designated and shall also include all proceeds resulting from the use and/or resale of pupil-transportation equipment purchased out of monies in said revolving fund. Said revolving fund shall be a continuing fund and shall be nonfiscal in character. Added by Laws 1971, c. 281, § 9-110, eff. July 2, 1971. §70-9-111. Use of fund. The State Board of Education through the Director of Finance is hereby authorized to use the "Special Transportation Revolving Fund" for the purchase of pupil-transportation equipment suitable for the transportation of children to and from the common schools and to make one or more units of such pupil-transportation equipment available for use by any school district in the State of Oklahoma which is either required or authorized by statute to provide free transportation to and from school for children legally residing in such district or legally transferred thereto and entitled to attend school therein, but which school district does not have sufficient funds available, and, because of then existing indebtedness, may not legally issue its bonds for the purchase of other pupil- transportation equipment. Provided, such equipment shall be purchased from the list of approved equipment as provided for in Section 9-109 and at a price not greater than the price so approved. Provided, further, the school board or board of education of any school district desiring to rent such equipment shall select from the approved list the equipment they desire before the State Board of Education shall be authorized to purchase transportation equipment for rental to any district. Provided, further, the State Board of Education shall not be authorized to act in behalf of any school district in the purchase of any transportation equipment except as provided for in this act. Added by Laws 1971, c. 281, § 9-111, eff. July 2, 1971. §70-9-112. Lease of equipment. Any such eligible school district and the State Board of Education may enter into a lease contract, in writing, for the use by such school district of one or more of such pupil-transportation equipment units during the then current fiscal year, at the annual rental value of such unit or units determined in the manner provided for herein, but which contract may be entered into only against a then current item of appropriation for "Transportation Operation." Any school district which lawfully leases one or more of such pupil- transportation equipment units from the State Board of Education during any fiscal year shall be eligible to enter into a like contract for the same unit or units during and for the ensuing fiscal year, and shall also be eligible to purchase the same such units, as provided for herein, even though such district then has sufficient funds available or may then legally issue its bonds for the purchase of other pupil-transportation equipment. Added by Laws 1971, c. 281, § 9-112, eff. July 2, 1971. §70-9-113. Rental value of equipment. The State Board of Education shall fix the annual rental value of each particular unit of such pupil-transportation equipment at an amount not less than that required to amortize the original total cost of that unit by five (5) years' rental thereof. Added by Laws 1971, c. 281, § 9-113, eff. July 2, 1971. §70-9-114. Sale of units of equipment after lease for one year. The State Board of Education may sell any particular unit of such pupil-transportation equipment to an eligible school district, at any time after such unit has been leased for one (1) fiscal year, for an amount not less than the original total cost of such unit less rentals actually paid for the use of such unit; provided, however, in so selling any such unit, preference shall be given to the school district leasing such unit during the then preceding fiscal year. Added by Laws 1971, c. 281, § 9-114, eff. July 2, 1971. §70-9-115. Care of equipment. Any school district leasing any such pupil-transportation equipment from the State Board of Education shall at its own cost and expense procure such equipment from the State Board of Education, keep such equipment, including all tires, tubes and accessories thereon and therewith, in good repair during the time the same shall be in its possession, and, at the expiration of the term of such lease, unless such equipment be purchased or again leased by such district, return such equipment to the State Board of Education in as good condition as when received, ordinary wear and tear alone excepted. Any tire or tube needing to be replaced while such equipment is in the possession of a school district shall be replaced by, and at the expense of, such district. Added by Laws 1971, c. 281, § 9-115, eff. July 2, 1971. §70-9-116. Space for storage of equipment. The State Board of Education is hereby authorized to procure space for the storage of such pupil-transportation units while not in the possession of a school district and to pay the necessary cost thereof from the "Special Transportation Revolving Fund." When any such unit is returned to the State Board of Education, said board is hereby authorized to recondition same, and to pay necessary cost of such reconditioning, including the cost of any new tires or tubes required for such purpose, from said "Special Transportation Revolving Fund." Added by Laws 1971, c. 281, § 9-116, eff. July 2, 1971. §70-9-117. Expense - Paid from what funds. Any costs or expense necessarily incurred by the State Board of Education in the administration of the foregoing provisions relating to the "Special Transportation Revolving Fund" shall be paid from funds appropriated or allocated for the administration of laws providing for the payment of State Aid to school districts in the same manner that expenses of administration of such laws are paid. Added by Laws 1971, § 281, § 9-117, eff. July 2, 1971. §70-9-118. Operation instruction for bus drivers. Except in case of emergency, anyone who operates, as a driver, a school bus whether a contractor for private hire or an employee of the school district for the transportation of students enrolled in the public schools of the district shall complete a course of instruction pertaining to the operation of a school bus. Said course to be approved by the State Department of Education and the district involved. Added by Laws 1973, c. 112, § 5. §70-9-119. Cameras for School Bus Stops Revolving Fund. A. There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated the "Cameras for School Bus Stops Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Board of Education from fines collected from school bus stop violations pursuant to Section 11-705 of Title 47 of the Oklahoma Statutes, any state-appropriated funds, federal funds, donations, grants, contributions, and gifts from any public or private source. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Board of Education for the purposes of providing grants to public school districts as provided for in subsection B of this section. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. B. Contingent upon the amount of funds available in the Cameras for School Bus Stops Revolving Fund, the State Board of Education shall award one or more grants annually to public school districts in the state. The grants shall be used by the districts for installation of camera equipment on buses to aid in identifying drivers violating the provisions of Section 11-705 of Title 47 of the Oklahoma Statutes. The Board shall determine the criteria for and establish a process for the submission of grant applications. The applications shall be considered on a statewide competitive basis. The Board shall promulgate rules for the implementation of the grants issued pursuant to this section. Added by Laws 2019, c. 145, § 2, eff. Nov. 1, 2019. §70-10-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-10-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-10-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-10-4. Repealed by Laws 1969, c. 159, § 2. §70-10-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-10-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-10-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-10-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-10-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-10-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-10-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-10-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-10-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-10-101. Attendance officer - Assistants. Except as provided in Section 10-102.1 of this title, the board of education of each school district shall appoint, or may employ, and fix the compensation of an attendance officer and such assistants as may be necessary, who shall serve under the authority and supervision of the board of education and the district superintendent of schools. Provided, that the same person may be appointed or employed as an attendance officer or assistant for two or more school districts. Added by Laws 1971, c. 281, § 10-101, eff. July 2, 1971. Amended by Laws 1989, c. 178, § 1, operative July 1, 1989; Laws 1991, c. 3, § 14, eff. July 1, 1991; Laws 1994, c. 232, § 3, emerg. eff. May 25, 1994. §70-10-102. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993. §70-10-102.1. Police as attendance officers. The board of education of each school district may enter into an agreement with the municipal police department serving the school district which provides that some or all of the duties of an attendance officer for the school district shall be performed by a certified police officer of the municipality. The agreement may further provide that the compensation and necessary traveling expenses of such attendance officer shall be payable from municipal funds. Added by Laws 1989, c. 178, § 3, operative July 1, 1989. Amended by Laws 1994, c. 232, § 4, emerg. eff. May 25, 1994. §70-10-103. Repealed by Laws 1986, c. 259, § 65, operative July 1, 1986. §70-10-103.1. Legal average daily attendance. A. The school population, scholastic population, scholastic enumeration, and enumeration of a district shall be the legal average daily attendance. The legal average daily attendance shall be the average number of pupils present in a school district during a year or other specified period of time. The State Board of Education shall determine the legal average daily attendance for each school district by dividing the aggregate days of pupils present in each school district by the number of days taught in each school district. B. The legal average daily attendance for purposes of the distributions contained in subsection (b) of Section 9 of Article X of the Oklahoma Constitution, Section 1004 of Title 68 of the Oklahoma Statutes, Section 1104 of Title 47 of the Oklahoma Statutes and Sections 10-104 and 615 of this title shall not include the average daily attendance for students enrolled in a charter school. Added by Laws 1986, c. 259, § 56, operative July 1, 1986. Amended by Laws 1987, c. 204, § 116, operative July 1, 1987; Laws 2021, c. 563, § 8, emerg. eff. May 28, 2021. §70-10-103.2. Student information referral procedure. By January 1, 1995, each school district in this state shall develop a student information referral procedure whereby the Oklahoma State Bureau of Investigation would, if authorized by a parent or legal guardian at any time, have access through a designated district employee to information currently maintained by the school district not prohibited from being released to law enforcement officers by state or federal law regarding past and present students in the district including but not limited to names of the parents of the student and their addresses. Added by Laws 1994, c. 132, § 3, eff. Sept. 1, 1994. §70-10-104. State Treasurer and Secretary of School Land Department - Report. The State Board of Education shall file with the Secretary of the School Land Commission a report, duly certified, showing the school population for the preceding school year of each school district. School population shall be determined as provided for in Section 10-103.1 of this title. The report so filed shall be the basis for making the apportionments of state school land earnings during the following fiscal year. Amended by Laws 1986, c. 259, § 57, operative July 1, 1986; Laws 1999, c. 292, § 6, eff. July 1, 1999. §70-10-105. Neglect or refusal to compel child to attend school - Exceptions - Enforcement. A. It shall be unlawful for a parent, guardian, or other person having custody of a child who is over the age of five (5) years, and under the age of eighteen (18) years, to neglect or refuse to cause or compel the child to attend and comply with the rules of some public, private, or other school, unless other means of education are provided for the full term the schools of the district are in session or the child is excused as provided in this section. One- half (1/2) day of kindergarten shall be required of all children five (5) years of age or older unless the child is excused from kindergarten attendance as provided in this section. A child who is five (5) years of age shall be excused from kindergarten attendance until the next school year after the child is six (6) years of age if a parent, guardian, or other person having custody of the child notifies the superintendent of the district where the child is a resident by certified mail prior to enrollment in kindergarten, or at any time during the first school year that the child is required to attend kindergarten pursuant to this section, of election to withhold the child from kindergarten until the next school year after the child is six (6) years of age. A kindergarten program shall be directed toward developmentally appropriate objectives for such children. The program shall require that any teacher employed on and after January 1, 1993, to teach a kindergarten program within the public school system shall be certified in early childhood education. All teachers hired to teach a kindergarten program within the public school system prior to January 1, 1993, shall be required to obtain certification in early childhood education on or before the 1996-97 school year in order to continue to teach a kindergarten program. B. It shall be unlawful for any child who is over the age of twelve (12) years and under the age of eighteen (18) years, and who has not finished four (4) years of high school work, to neglect or refuse to attend and comply with the rules of some public, private, or other school, or receive an education by other means for the full term the schools of the district are in session. Provided, that this section shall not apply: 1. If any child is prevented from attending school by reason of mental or physical disability, to be determined by the board of education of the district upon a certificate of the school physician or public health physician, or, if no such physician is available, a duly licensed and practicing physician; 2. If any child is excused from attendance at school, due to an emergency, by the principal teacher of the school in which the child is enrolled, at the request of the parent, guardian, custodian, or other person having custody of the child; 3. If any child who has attained his or her sixteenth birthday is excused from attending school by written, joint agreement between: a. the school administrator of the school district where the child attends school, and b. the parent, guardian, or custodian of the child. Provided, further, that no child shall be excused from attending school by the joint agreement between a school administrator and the parent, guardian, or custodian of the child unless and until it has been determined that the action is for the best interest of the child and/or the community, and that the child shall thereafter be under the supervision of the parent, guardian, or custodian until the child has reached the age of eighteen (18) years; 4. If any child is excused from attending school for the purpose of observing religious holy days if before the absence, the parent, guardian, or other person having custody or control of the child submits a written request for the excused absence. The school district shall excuse a child pursuant to this subsection for the days on which the religious holy days are observed and for the days on which the child must travel to and from the site where the child will observe the holy days; 5. If any child is excused from attending school for the purpose of participating in a military funeral honors ceremony upon approval of the school principal; or 6. If any child is excused from attending school for the purpose of receiving speech therapy, occupational therapy, or any other service related to the child’s individualized education program developed pursuant to the Individuals with Disabilities Education Act and the parent, guardian, or other person having custody or control of the child submits a written request for the excused absence. The school district shall excuse the child pursuant to this subsection upon receipt of documentation from the provider of the therapy or other service. C. It shall be the duty of the attendance officer to enforce the provisions of this section. In the prosecution of a parent, guardian, or other person having custody of a child for violation of any provision of this section, it shall be an affirmative defense that the parent, guardian, or other person having custody of the child has made substantial and reasonable efforts to comply with the compulsory attendance requirements of this section but is unable to cause the child to attend school. If the court determines the affirmative defense is valid, it shall dismiss the complaint against the parent, guardian, or other person having custody of the child and shall notify the school attendance officer who shall refer the child to the district attorney for the county in which the child resides for the filing of a Child in Need of Supervision petition against the child pursuant to the Oklahoma Juvenile Code. D. Any parent, guardian, custodian, child, or other person violating any of the provisions of this section, upon conviction, shall be guilty of a misdemeanor, and shall be punished as follows: 1. For the first offense, a fine not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00), or imprisonment for not more than five (5) days, or both such fine and imprisonment; 2. For the second offense, a fine not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or imprisonment for not more than ten (10) days, or both such fine and imprisonment; and 3. For the third or subsequent offense, a fine not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00), or imprisonment for not more than fifteen (15) days, or both such fine and imprisonment. Each day the child remains out of school after an oral and documented or written warning has been given to the parent, guardian, custodian, child, or other person or the child has been ordered to school by the juvenile court shall constitute a separate offense. E. At the trial of any person charged with violating the provisions of this section, the attendance records of the child or ward may be presented in court by any authorized employee of the school district. F. The court may order the parent, guardian, or other person having custody of the child to perform community service in lieu of the fine set forth in this section. The court may require that all or part of the community service be performed for a public school district. G. The court may order as a condition of a deferred sentence or as a condition of sentence upon conviction of the parent, guardian, or other person having custody of the child any conditions as the court considers necessary to obtain compliance with school attendance requirements. The conditions may include, but are not limited to, the following: 1. Verifying attendance of the child with the school; 2. Attending meetings with school officials; 3. Taking the child to school; 4. Taking the child to the bus stop; 5. Attending school with the child; 6. Undergoing an evaluation for drug, alcohol, or other substance abuse and following the recommendations of the evaluator; and 7. Taking the child for drug, alcohol, or other substance abuse evaluation and following the recommendations of the evaluator, unless excused by the court. Added by Laws 1971, c. 281, § 10-105, eff. July 2, 1971. Amended by Laws 1975, c. 164, § 1, emerg. eff. May 20, 1975; Laws 1977, c. 155, § 1, emerg. eff. June 3, 1977; Laws 1979, c. 248, § 4; Laws 1989, 1st Ex. Sess., c. 2, § 14, emerg. eff. April 25, 1990; Laws 1992, c. 262, § 5, emerg. eff. May 22, 1992; Laws 1994, c. 220, § 2, eff. July 1, 1994; Laws 1995, c. 270, § 1, eff. July 1, 1995; Laws 2003, c. 434, § 14; Laws 2006, c. 210, § 1, eff. July 1, 2006; Laws 2010, c. 57, § 1, eff. July 1, 2010; Laws 2024, c. 128, § 1, eff. July 1, 2024. §70-10-105.1. Blank. §70-10-105.2. Outreach agreements - Promotion of parental visits - Employees may have time off for parent-teacher conferences. A. It shall be a policy of the State Board of Education to encourage each public school to explore outreach opportunities such as agreements with the parents of each child enrolled in school. 1. Such agreement may describe the beneficial relationship between parental interest and pupil achievement and provide an agreement that a child will achieve higher levels of competency if parents will guarantee that their child will attend school, behave satisfactorily while there, and complete homework. As part of the agreement, the school may state its intention to provide free remediation if a child fails to attain the necessary standards of competency. 2. Such agreement may also emphasize the importance of parent- teacher conferences. The agreement should note the days of the school year reserved for professional meetings and staff development and state that on these days teachers are available to meet with parents. Teachers should also be encouraged to schedule conferences to accommodate working parents. Teachers should strive to hold at least one conference with each student's parents at least once each semester. B. The State Board of Education also shall require each local board of education to develop initiatives to promote schools as congenial places for parents to visit. C. The State Board of Education shall also establish a program for encouraging private employers to give employees who have children in preschool programs, kindergarten, or school programs time off to visit the schools for parent-teacher conferences at least once each semester. Added by Laws 1989, 1st Ex.Sess., c. 2, § 34, emerg. eff. April 25, 1990. §70-10-105.3. Parent education programs. A. The State Department of Education shall develop and implement a program of parent education which provides practical information and guidance to parents regarding the development of language, cognition, social skills, and motor development of young children. The program shall be phased in so that services will be available to parents of children under age three (3) in school districts identified by the Department as having the greatest numbers of children whose education is considered to be high challenge. As funds are available the Department shall expand the program so that services will be available to the school sites identified by the Department as having the greatest percentage of children qualifying for the free or reduced school lunch program. The Department shall expand the program each year if funding is available to ensure that a parent education program is available to all school districts. In evaluating new funding requests, priority consideration shall be given to programs demonstrating the greatest need combined with the greatest commitment of community, foundation, and corporate support. B. The program shall emphasize the importance of the parents of children as a child's first and most influential teachers. The parent education programs currently offered in other states should be examined as possible models for the Oklahoma program. C. The State Department of Education shall provide or contract with an organization to provide for technical assistance for training and implementation of the program of parent education developed by the Department pursuant to subsection A of this section. To be eligible for a technical assistance contract, an applicant shall be an affiliate member of a national organization or association providing parent education training, have at least two (2) years' experience in implementation of a program of parent education which provides practical information and guidance to parents, and have at least one staff member with a degree above the baccalaureate level who has expertise in Child Development or Early Childhood Education. Technical assistance shall include assistance with training on program organization, management, implementation, and fundraising techniques for groups seeking to implement a program of parent education and existing parent education programs throughout the state. The technical assistance provider shall compile a report utilizing data collected from the State Department of Education on the status of parent education programs operating pursuant to this section in Oklahoma, including the locations and descriptions of the programs, the sources of funding for the programs, and pending applications for funding. The report shall be filed on or before April 1 of each year with the Governor, the Legislature, and the State Board of Education. Added by Laws 1989, 1st Ex.Sess., c. 2, § 35, emerg. eff. April 25, 1990. Amended by Laws 1992, c. 324, § 14, eff. July 1, 1992; Laws 1992, c. 373, § 17, eff. July 1, 1992; Laws 1994, c. 392, § 1, eff. July 1, 1994; Laws 2002, c. 437, § 2, eff. July 1, 2002; Laws 2015, c. 217, § 2, eff. Nov. 1, 2015. §70-10-105.4. Pilot early childhood program - Applications from private sector - Matching funds. The State Board of Education shall establish a pilot early childhood program to consist of private donations and state funds that will serve at-risk children in at least one urban area and one rural area of this state to be selected by the Board. The Board shall solicit applications from the private sector for the program and require applicants to match state funds on a one and one half- to-one basis and commit a minimum investment of Ten Million Dollars ($10,000,000.00) in the program. Added by Laws 2006, 2nd Ex. Sess., c. 50, § 12, eff. July 1, 2006. Amended by Laws 2023, 1st Ex. Sess., c. 40, § 1, eff. July 1, 2023. §70-10-106. Records of attendance of pupil - Report of absence. It shall be the duty of the principal or head teacher of each public, private or other school in the State of Oklahoma to keep a full and complete record of the attendance of all children at such school and to notify the attendance officer of the district in which such school is located of the absence of such children from the school together with the causes thereof, if known; and it shall be the duty of any parent, guardian or other person having charge of any child of compulsory attendance age to notify the child's teacher concerning the cause of any absences of such child. It shall be the duty of the principal or head teacher to notify the parent, guardian or responsible person of the absence of the child for any part of the school day, unless the parent, guardian or other responsible person notifies the principal or head teacher of such absence. Such attendance officer and teacher shall be required to report to the school health officer all absences on account of illness with such information respecting the same as may be available by report or investigation; and the attendance officer shall, if justified by the circumstances, promptly give to the parent, guardian or custodian of any child who has not complied with the provisions of this article oral and documented or written warning to the last-known address of such person that the attendance of such child is required at some public, private or other school as herein provided. If within five (5) days after the warning has been received, the parent, guardian or custodian of such child does not comply with the provisions of this article, then such attendance officer shall make complaint against the parent, guardian or custodian of such child in a court of competent jurisdiction for such violation, which violation shall be a misdemeanor. If a child is absent without valid excuse four (4) or more days or parts of days within a four-week period or is absent without valid excuse for ten (10) or more days or parts of days within a semester, the attendance officer shall notify the parent, guardian or custodian of the child and immediately report such absences to the district attorney in the county wherein the school is located for juvenile proceedings pursuant to Title 10A of the Oklahoma Statutes. Added by Laws 1971, c. 281, § 10-106, eff. July 2, 1971. Amended by Laws 1979, c. 248, § 5; Laws 1989, c. 178, § 4, operative July 1, 1989; Laws 1995, c. 270, § 2, eff. July 1, 1995; Laws 2009, c. 234, § 157, emerg. eff. May 21, 2009. §70-10-106.1. Driver license school enrollment requirements - Duties and responsibilities of attendance officers. It shall be the duty of the attendance officer of each school district to carry out the duties and responsibilities required of the attendance officers by Section 34 of this act. If the attendance officer is unable to carry out the duties and responsibilities, the school district superintendent shall be charged with such duties and responsibilities. Documentation of enrollment status shall be provided to a student by the school district last attended by the student and shall be based upon the last semester's attendance if the student requires documentation during a time when school is not in session. Added by Laws 1996, c. 247, § 40, eff. July 1, 1996. §70-10-107. Rules and regulations. In any matter pertaining to the duties of the attendance officer and keeping records thereof, the board of education of the district shall make rules and regulations subject only to the limitations of the regulations of the State Board of Education and of the law, which shall have the force and effect of law, and all attendance officers are hereby required to comply with all such rules and regulations the same as if they had been specifically mentioned herein. Added by Laws 1971, c. 281, § 10-107, eff. July 2, 1971. §70-10-108. Necessary travel expenses. The attendance officer or assistants shall receive, in addition to their salaries, all necessary travel expenses incurred by them in the performance of their official duties. Added by Laws 1971, c. 281, § 10-108, eff. July 2, 1971. §70-10-109. Temporary detention and custody of children subject to compulsory attendance law. A. An attendance officer, any school administrator, or designee of the school administrator who is employed by the school, or any peace officer may, except for children being home schooled pursuant to Section 10-105 of the Oklahoma Statutes, temporarily detain and assume temporary custody of any child subject to compulsory full- time education, during hours in which school is actually in session, who is found away from the home of such child and who is absent from school without lawful excuse within the school district that such attendance officer, peace officer or school official serves, if said school district has previously approved the temporary detention and custody pursuant to this section. B. Any person temporarily detaining and assuming temporary custody of a child pursuant to this section shall immediately deliver the child either to the parent, guardian, or other person having control or custody of the child, or to the school from which the child is absent without valid excuse, or to a nonsecure youth service or community center servicing the school district, or to a community intervention center, as defined by Section 2-1-103 of Title 10A of the Oklahoma Statutes. C. The temporary custody or detention provided by this section shall be utilized as a means of reforming and returning the truant students to school and shall not be used as a pretext for investigating criminal matters. The temporary custody or detention herein provided is a severely limited type of detention and is not justified unless there are specific facts causing an attendance officer or other authorized person to reasonably suspect that a truancy violation is occurring and that the person the officer intends to detain is a truant. Added by Laws 1989, c. 178, § 5, operative July 1, 1989. Amended by Laws 1995, c. 270, § 3, eff. July 1, 1995; Laws 1999, c. 365, § 9, eff. Nov. 1, 1999; Laws 2009, c. 234, § 158, emerg. eff. May 21, 2009. §70-11-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-11-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-11-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-11-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-11-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-11-101. Sectarian or religious doctrines - Forbidden to be taught in schools. No sectarian or religious doctrine shall be taught or inculcated in any of the public schools of this state, but nothing in this section shall be construed to prohibit the reading of the Holy Scriptures. Added by Laws 1971, c. 281, § 11-101, eff. July 2, 1971. §70-11-101.1. Voluntary prayer. The board of education of each school district shall permit those students and teachers who wish to do so to participate in voluntary prayer. Nothing in this act shall be construed to be in conflict with Section 11-101 of Title 70 of the Oklahoma Statutes. Laws 1980, c. 72, § 1, emerg. eff. April 14, 1980. §70-11-101.2. Minute of silence in public schools - Intervention by Attorney General in legal proceedings. The board of education of each school district shall ensure that the public schools within the district observe approximately one minute of silence each day for the purpose of allowing each student, in the exercise of his or her individual choice, to reflect, meditate, pray, or engage in any other silent activity that does not interfere with, distract, or impede other students in the exercise of their individual choices. The Attorney General of the State of Oklahoma is hereby authorized to intervene in any legal proceeding to enforce the provisions of this act and shall represent any school district or employee named as a defendant therein. Any school district or employee named as a defendant in any proceeding to enforce the provisions of this act shall within five (5) days of receiving service of summons notify the Attorney General of the State of Oklahoma of the pendency of the action. Added by Laws 2002, c. 353, § 1. §70-11-101.3. Released time course - Policy - Requirements. A. As used in this section, “released time course” means a period of time during which a student is excused from school to attend a course in religious or moral instruction taught by an independent entity off school property. B. Each school district board of education shall adopt a policy that excuses a student from school to attend a released time course for no more than three class periods per week or a maximum of one hundred twenty-five class periods per school year; provided, that: 1. The student’s parent or legal guardian provides written consent prior to the student’s participation in the released time course; 2. No school district funds other than de minimis administrative costs are expended and no school district personnel, equipment, or resources are involved in providing the instruction; 3. The independent entity maintains attendance records and makes them available to the school district and its board of education; 4. Any transportation provided to and from the place of instruction is the sole responsibility of the independent entity, the student, or the student’s parent or legal guardian; 5. The independent entity or the student’s parent or legal guardian indemnifies the school district and holds it harmless with regard to any liability arising from conduct that does not occur on school property under the control or supervision of the school district, and the independent entity maintains adequate insurance for that purpose; 6. The student assumes responsibility for any missed school work; and 7. The school district superintendent, the principal for the school site in which the student is enrolled, or their designees have reasonable discretion over the scheduling and timing of released time courses; provided, the student may not be excused to participate in a released time course during any class in which the subject matter being taught is subject to the assessment requirements of Section 1210.508 of Title 70 of the Oklahoma Statutes. C. The school district, its board of education, and the state shall not be liable for the student who participates in a released time course when the student is not under the control or supervision of the school district. D. Instructors hired by an independent entity to provide a released time course shall not be required to be licensed or certified teachers. E. A student who attends a released time course shall be considered in attendance in the school district, and the time shall be calculated as part of the school day. F. A school district board of education shall award a student credit for work completed in a released time course that is substantiated by a transcript from the independent entity providing the course. A student shall be awarded elective credit for the completion of each released time course. To determine whether elective credit may be awarded as provided for in this subsection, the board of education shall evaluate the course in a neutral and secular manner that does not involve any test for religious content or denominational affiliation. For purposes of this subsection, the secular criteria used to evaluate a released time course may include: 1. The amount of classroom instruction time; 2. The course syllabus, which reflects the course requirements and any materials used in the course; 3. Methods of assessment used in the course; and 4. The qualifications of the course instructor. G. The provisions of this section shall not apply to charter schools established pursuant to Section 3-132 of Title 70 of the Oklahoma Statutes or charter schools or virtual charter schools established pursuant to Section 3-134 of Title 70 of the Oklahoma Statutes. Added by Laws 2024, c. 374, § 1. §70-11-102. Instruction conducted in English language. Instruction given in the several branches of learning in the public schools shall be conducted in the English language except as is necessary for the teaching of foreign languages. Added by Laws 1971, c. 281, § 11-102, eff. July 2, 1971. §70-11-103. Courses for instruction - What to include. A. Courses of instruction approved by the State Board of Education for use in school years prior to 1993-94 shall be those courses that are necessary to ensure: 1. The teaching of the necessary basic skills of learning and communication, including reading, English, writing, the use of numbers and science; and 2. The teaching of citizenship in the United States, in the State of Oklahoma, and in other countries, through the study of the United States Constitution, the amendments thereto, and the ideals, history, and government of the United States, other countries of the world, and the State of Oklahoma and through the study of the principles of democracy as they apply in the lives of citizens. In study of the United States Constitution, a written copy of the document itself shall be utilized. The public school districts of this state shall ensure that each child enrolled therein is provided with adequate instruction in the basic skills as set out in paragraphs 1 and 2 of this subsection. Each local board of education shall annually evaluate the district's curriculum in order to determine whether each child in the district is receiving adequate basic skill instruction as set out in paragraphs 1 and 2 of this subsection. The evaluation process shall provide for parental involvement. Effective July 1, 1990, each district shall submit its annual evaluation of the district's curriculum to the State Board of Education. The State Board shall make this information available to the Oklahoma Curriculum Committee and, beginning with the 1996-97 school year, shall utilize such information in its periodic evaluation of curriculum. B. Courses approved by the State Board of Education for instruction of pupils in the public schools of the state for use in school years prior to 1993-94 may include courses that are approved by a local board of education and are necessary to ensure: 1. The teaching of health through the study of proper diet, the effects of alcoholic beverages, narcotics and other substances on the human system and through the study of such other subjects as will promote healthful living and help to establish proper health habits in the lives of school children; 2. The teaching of safety through training in the driving and operation of motor vehicles and such other devices of transportation as may be desirable and other aspects of safety which will promote the reduction of accidents and encourage habits of safe living among school children; 3. The teaching of physical education to all physically able students during the entire school year from first through sixth grade, through physical education, a weekly minimum of seventy-five (75) minutes per student, exclusive of recess activity, supervised play, intramurals, interschool athletics or other extracurricular activities; provided, any student participating as a member of any school athletic team shall be excused from physical education classes; provided further, that certified physical education instructors shall not be required to administer the programs required for grades one through six. An elective program of instructional physical education designed to provide a minimum of one hundred fifty (150) minutes per week per student shall be provided for all students in the seventh grade through the twelfth grade. The State Board of Education shall prescribe qualifications for physical education instructors. Provided, however, that the State Department of Education shall be empowered to exempt all or a portion of this requirement if an undue hardship would result to the school district. Provided, further, that any student who has exceptional talent in music may, with the approval of the superintendent of schools in independent districts or in elementary districts, substitute a course in music for the above-required physical education course; 4. The teaching of the conservation of natural resources of the state and the nation that are necessary and desirable to sustain life and contribute to the comfort and welfare of the people now living and those who will live here in the future, such as soil, water, forests, minerals, oils, gas, all forms of wildlife, both plant and animal, and such other natural resources as may be considered desirable to study; 5. The teaching of vocational education, by the study of the various aspects of agriculture, through courses and farm youth organizations, such as FFA and 4-H clubs, homemaking and home economics, trades and industries, distributive education, mechanical and industrial arts and such other aspects of vocational education as will promote occupational competence among school children and adults as potential and actual citizens of the state and nation; and 6. The teaching of such other aspects of human living and citizenship as will achieve the legitimate objectives and purposes of public education. Laws 1971, c. 281, § 11-103, eff. July 2, 1971; Laws 1973, c. 23, § 1, eff. July 1, 1974; Laws 1974, c. 244, § 4; Laws 1975, c. 339, § 1, emerg. eff. June 12, 1975; Laws 1982, c. 326, § 3; Laws 1986, c. 65, § 1, eff. July 1, 1986; Laws 1987, c. 186, § 6, eff. Nov. 1, 1987; Laws 1989, 1st Ex.Sess., c. 2, § 3, emerg. eff. April 25, 1990; Laws 1991, c. 3, § 16, eff. July 1, 1991; Laws 1993, c. 239, § 39, eff. July 1, 1993. §70-11-103.1. American Sign Language - Teaching in public school. American Sign Language is hereby recognized as a language art and may be taught in the public schools of the state in educational programs for both hearing and deaf students. American Sign Language classes taught in the public schools may be counted by a public school in fulfilling elective course offerings and shall be granted the same credit as a foreign language. For the purposes of this section, American Sign Language may be taught in the public schools by any qualified teacher under the supervision of a certified teacher. Added by Laws 1982, c. 126, § 1, operative July 1, 1982. Amended by Laws 1991, c. 201, § 1, emerg. eff. May 17, 1991; Laws 1999, c. 35, § 1, eff. July 1, 1999. §70-11-103.1a. Native American language - Teaching in public schools. A Native American language is hereby recognized as a language art and may be taught in the public schools of the state in educational programs. Native American language classes taught in the public schools may be counted by a public school in fulfilling core curriculum requirements and shall be granted the same credit as a world language. For the purposes of this section, Native American languages may be taught in the public schools by: 1. Any qualified teacher who holds a valid traditional or alternative Oklahoma teaching certificate; or 2. A teacher who holds a valid certificate in Native American Languages issued by the State Board of Education and either qualifies for an Alternative Placement Teaching Certificate or is supervised by a teacher who is highly qualified in the content area for the appropriate level of instruction. Added by Laws 2014, c. 16, § 1, eff. July 1, 2014. §70-11-103.2. Academic scholar program. The State Board of Education shall have authority to develop and implement a program for the purpose of recognizing academic scholars in the secondary schools of the state. The State Board of Education shall determine the requirements which are necessary for a student to attain academic scholar status. The requirements shall include but not be limited to the minimum graduation requirements set by the State Board of Education. Recognition for academic scholar status shall be indicated upon the diploma of those students who qualify for such status and in such other manner as the Board may determine. The State Board of Education shall be authorized to promulgate rules and regulations in order to implement the provisions of this section. Added by Laws 1986, c. 40, § 1, eff. Nov. 1, 1986. Amended by Laws 1987, c. 204, § 117, operative July 1, 1987. §70-11-103.2a. Short title - Oklahoma Play to Learn Act. A. This act shall be known and may be cited as the "Oklahoma Play to Learn Act". B. It is the intention of the Oklahoma State Legislature through this act to focus on the importance of child-centered, play- based learning as the most rigorous and most developmentally appropriate way for children in the early childhood grade levels to learn literacy, science, technology, engineering, art and math academic concepts. C. As used in this section: 1. "Child-directed" means interaction in which the child is helped to direct and lead the play in any way the child wishes, unless there is harmful or destructive activity; 2. "Domain" means a specified sphere of activity or knowledge; 3. "Early childhood education" means prekindergarten, kindergarten, first grade, second grade and third grade; 4. "Play" means the spontaneous activity of children; 5. "Play-based learning" means any learning activities that are performed by a child for self-amusement that have behavioral, social and psychomotor rewards. Play-based learning shall also mean activities that are child-directed, joyful and spontaneous whereby the rewards come from within the individual child; 6. "Professional development" means any of a wide variety of specialized training, formal education or advanced professional learning intended to help administrators, teachers and other educators improve their professional knowledge, competence, skill and effectiveness; 7. "Reading for pleasure" means reading that is freely chosen or that readers freely and enthusiastically continue after it is assigned; and 8. "Socialization" means social interaction with others. D. Instruction in support of early childhood education standards may be engaging and may foster children's development and learning in all domains, including physical, social, emotional, cognitive and language. To the best of their ability, educators may create a learning environment that facilitates child-directed experiences based upon developmentally appropriate early childhood practices and intentional, sustained, play-based learning opportunities, including, but not limited to, movement, creative expression, exploration, socialization, reading for pleasure, art, music and dramatic play. The art instruction may adhere to prekindergarten standards for fine arts, which include dance, drama, music and visual arts, as approved by the State Department of Education. Educators may develop physical, social, emotional, cognitive and academic learning opportunities in all curricular domains, which may include unstructured time for the discovery of each child's individual needs, abilities and talents. E. In support of play-based learning in Oklahoma public schools, school districts may provide ongoing early childhood professional development for early childhood educators and administrators, which may include existing early childhood professional development programs from the State Department of Education. F. A school district shall not prohibit a teacher from utilizing play-based learning in early childhood education. The State Board of Education shall promulgate rules, subject to approval by the Legislature, establishing guidelines for professional development programs for early childhood educators and administrators. Added by Laws 2021, c. 468, § 1, emerg. eff. May 11, 2021. §70-11-103.2c. Repealed by Laws 2000, c. 232, § 24, eff. July 1, 2000. §70-11-103.2d. Repealed by Laws 2000, c. 232, § 24, eff. July 1, 2000. §70-11-103.3. AIDS prevention education - Curriculum and materials - Inspection by parents and guardians. A. Acquired immune deficiency syndrome (AIDS) prevention education shall be taught in the public schools of this state. AIDS prevention education shall be limited to the discussion of the disease AIDS and its spread and prevention. Students shall receive such education: 1. at the option of the local school district, a minimum of once during the period from grade five through grade six; 2. a minimum of once during the period from grade seven through grade nine; and 3. a minimum of once during the period from grade ten through grade twelve. B. The State Department of Education shall develop curriculum and materials for AIDS prevention education in conjunction with the State Department of Health. A school district may also develop its own AIDS prevention education curriculum and materials. Any curriculum and materials developed for use in the public schools shall be approved for medical accuracy by the State Department of Health. A school district may use any curriculum and materials which have been developed and approved pursuant to this subsection. C. School districts shall make the curriculum and materials that will be used to teach AIDS prevention education available for inspection by the parents and guardians of the students that will be involved with the curriculum and materials. Furthermore, the curriculum must be limited in time frame to deal only with factual medical information for AIDS prevention. The school districts, at least one (1) month prior to teaching AIDS prevention education in any classroom, shall conduct for the parents and guardians of the students involved during weekend and evening hours at least one presentation concerning the curriculum and materials that will be used for such education. No student shall be required to participate in AIDS prevention education if a parent or guardian of the student objects in writing to such participation. D. AIDS prevention education shall specifically teach students that: 1. engaging in homosexual activity, promiscuous sexual activity, intravenous drug use or contact with contaminated blood products is now known to be primarily responsible for contact with the AIDS virus; 2. avoiding the activities specified in paragraph 1 of this subsection is the only method of preventing the spread of the virus; 3. sexual intercourse, with or without condoms, with any person testing positive for human immunodeficiency virus (HIV) antibodies, or any other person infected with HIV, places that individual in a high risk category for developing AIDS. E. The program of AIDS prevention education shall teach that abstinence from sexual activity is the only certain means for the prevention of the spread or contraction of the AIDS virus through sexual contact. It shall also teach that artificial means of birth control are not a certain means of preventing the spread of the AIDS virus and reliance on such methods puts a person at risk for exposure to the disease. F. The State Department of Health and the State Department of Education shall update AIDS education curriculum material as newly discovered medical facts make it necessary. Added by Laws 1987, c. 46, § 1, operative July 1, 1987. §70-11-103.4. Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993. §70-11-103.5. Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993. §70-11-103.6. See the following versions: OS 70-11-103.6v1 (HB 2158, Laws 2024, c. 264, § 1). OS 70-11-103.6v2 (SB 2038, Laws 2024, c. 452, § 166). OS 70-11-103.6v3 (HB 2672, Laws 2024, c. 384, § 1). §70-11-103.6a-1. Legislative review of standards - Final approval. A. All subject matter standards and revisions to the standards adopted by the State Board of Education pursuant to Section 11- 103.6a of Title 70 of the Oklahoma Statutes shall be subject to legislative review as set forth in this section. The standards shall not be implemented by the State Board of Education until the legislative review process is completed as provided for in this section. B. Upon adoption of any subject matter standards, the State Board of Education shall submit the adopted standards to the Speaker of the House of Representatives or a designee and the President Pro Tempore of the Senate or a designee prior to the last thirty (30) days of the legislative session. C. By adoption of a joint resolution, the Legislature shall approve the standards, disapprove the standards in whole or in part, amend the standards in whole or in part or disapprove the standards in whole or in part with instructions to the State Board of Education, provided that such joint resolution becomes law in accordance with Section 11 of Article VI of the Oklahoma Constitution. If the joint resolution is vetoed by the Governor in accordance with Section 11 of Article VI of the Oklahoma Constitution and the veto has not been overridden, the standards shall be deemed approved. If the Legislature fails to adopt a joint resolution within thirty (30) legislative days following submission of the standards, the standards shall be deemed approved. D. If the subject matter standards are disapproved in whole or are disapproved in whole with instructions as provided for in this section, the State Board of Education may adopt new standards and submit the new standards for legislative review pursuant to this section. The State Board of Education shall continue to implement current standards in place until the new standards have been reviewed by the Legislature and approved as provided for in this section. If the subject matter standards are amended, approved in part or are disapproved in part with instructions, the State Board of Education may revise the standards in accordance with the legislative changes and implement the standards. E. Upon final approval of the standards, the standards shall be considered final agency rules. The Board shall submit a copy of the standards to the Secretary of State, who shall include the standards in the publication known as the "Oklahoma Administrative Code" in the same manner as agency rules are published in the "Code" as provided for in the Administrative Procedures Act. All standards approved and published as provided for in this subsection shall have the same force and effect of law as agency rules promulgated pursuant to the Administrative Procedures Act. F. Unless otherwise provided by specific vote of the Legislature, joint resolutions introduced for purposes of approving, disapproving, amending or disapproving with instructions any subject matter standards shall not be subject to regular legislative cutoff dates, shall be limited to such provisions as may be necessary for approving, disapproving, amending or disapproving with instructions any subject matter standards and any such other direction or mandate regarding the standards deemed necessary by the Legislature. The joint resolution shall contain no other provisions. Added by Laws 2014, c. 430, § 4, emerg. eff. June 5, 2014. §70-11-103.6a. Review of adopted subject matter standards - College- and career-ready English Language Arts and Mathematics standards - Student assessments. A. Beginning with the 2014-15 school year, each area of subject matter standards, except for standards for career and technology education adopted pursuant to Section 14-103 of this title, shall be adopted by the State Board of Education and shall be subject to legislative review and approval as provided for in Section 4 of this act. The subject matter standards shall be implemented statewide by every public school district in this state. The subject matter standards shall be thoroughly reviewed by the State Board every six (6) years according to and in coordination with the existing subject area textbook adoption cycle. After review, the State Board shall adopt any revisions in such subject matter standards deemed necessary to achieve further improvements in the quality of education for the students of this state. Any revisions adopted by the State Board of Education shall be subject to review and approval as provided for in Section 4 of this act. The adoption of subject matter standards or revisions to the standards by the State Board of Education pursuant to this section shall not be promulgated as rules and shall not be subject to Article I of the Administrative Procedures Act. B. 1. In addition to the requirements set forth in subsection A of this section, on or before August 1, 2016, the State Board of Education, in consultation with the State Regents for Higher Education, the State Board of Career and Technology Education and the Oklahoma Department of Commerce, shall adopt subject matter standards for English Language Arts and Mathematics which are college- and career-ready and will replace current standards. To be considered college- and career-ready, the standards shall be evaluated by the State Department of Education, the State Regents for Higher Education, the State Board of Career and Technology Education and the Oklahoma Department of Commerce and be determined to be such that the standards will address the goals of reducing the need for remedial coursework at the postsecondary level and increasing successful completion of postsecondary education. The subject matter standards and corresponding student assessments for English Language Arts and Mathematics shall be solely approved and controlled by the state through the State Board of Education. 2. Upon the effective date of this act, the State Board of Education shall begin the process of adopting the English Language Arts and Mathematics standards and shall provide reasonable opportunity, consistent with best practices, for public comment on the revision of the standards, including but not limited to comments from students, parents, educators, organizations representing students with disabilities and English language learners, higher education representatives, career technology education representatives, subject matter experts, community-based organizations, Native American tribal representatives and business community representatives. 3. Until the statewide student assessments for English Language Arts and Mathematics are implemented as provided for in paragraph 1 of subsection C of this section, the State Board of Education shall implement the subject matter standards for English Language Arts and Mathematics which were in place prior to the revisions adopted by the Board in June 2010. 4. Upon the effective date of this act, the State Board of Education shall seek certification from the State Regents for Higher Education that the subject matter standards for English Language Arts and Mathematics which were in place prior to the revisions adopted by the Board in June 2010 are college- and career-ready as defined in the Federal Elementary and Secondary Education Act (ESEA) Flexibility document issued by the United States Department of Education and referenced in Option B of Principle 1: College and Career-Ready Expectations for All Students. The State Regents shall provide the Board a detailed description of the certification process and results, including a list of deficiencies if the State Regents conclude that the standards are not college- and career- ready. The Board shall post all documents, materials, reports, descriptions and correspondence produced by the State Regents or used by the State Regents in the certification process on the website for the State Department of Education. C. 1. On or before the 2017-18 school year, the State Board of Education, in consultation with the State Regents for Higher Education, the State Board of Career and Technology Education and the Oklahoma Department of Commerce, shall direct the process of the development of annual high-quality statewide student assessments for English Language Arts and Mathematics as provided for in Section 1210.508 of this title that align with the college- and career-ready subject matter standards developed pursuant to subsection B of this section. 2. The statewide student assessments for English Language Arts and Mathematics shall continue to assess standards and objectives found in the subject matter standards for English Language Arts and Mathematics which were in place prior to the revisions adopted by the Board in June 2010 and the test blueprints shall continue to align to the standards and objectives found in such subject matter standards for English Language Arts and Mathematics until the new assessments are implemented as provided for in paragraph 1 of this subsection. D. 1. The State Board of Education shall not enter into any agreement, memorandum of understanding or contract with any federal agency or private entity which in any way cedes or limits state discretion or control over the process of development, adoption or revision of subject matter standards and corresponding student assessments in the public school system, including, but not limited to, agreements, memoranda of understanding and contracts in exchange for funding for public schools and programs. If the State Board of Education is a party to such an agreement, memorandum of understanding or contract on the effective date of this act, the State Board of Education shall initiate necessary efforts to amend the agreement, memorandum of understanding or contract to comply with the requirements of this subsection. 2. Nothing in this section shall be construed to prohibit the State Board of Education from seeking and being granted a waiver from federal law, provided that the conditions for the waiver do not require the state to cede or limit its discretion or control over the process of development, adoption or revision of subject matter standards and corresponding statewide student assessments. 3. The State Department of Education may participate in a multistate or multigovernmental cooperative pursuant to the requirements of the Oklahoma Central Purchasing Act, but shall not bind the state, contractually or otherwise, to the authority of any other state, organization or entity which may supersede the authority of the State Board of Education. E. The content of all subject matter standards and corresponding student assessments shall be solely approved and controlled by the state through the State Board of Education. The State Board of Education shall maintain independence of all subject matter standards referenced in Section 11-103.6 of this title and corresponding statewide student assessments and shall not relinquish authority over Oklahoma subject matter standards and corresponding statewide student assessments. Nothing in this section shall prohibit benchmarking the state subject matter standards and corresponding student assessments with those of other states or nations to allow comparison of Oklahoma subject matter standards and corresponding student assessments with those of other states and nations. F. School districts shall exclusively determine the instruction, curriculum, reading lists and instructional materials and textbooks, subject to any applicable provisions or requirements as set forth in law, to be used in meeting the subject matter standards. School districts may, at their discretion, adopt supplementary student assessments which are in addition to the statewide student assessments. G. 1. Upon completion of the adoption of English Language Arts and Mathematics subject matter standards pursuant to subsection B of this section, the State Board of Education shall compare such English Language Arts and Mathematics standards with the English Language Arts and Mathematics standards that were adopted by the State Board of Education prior to implementation of this act. The State Board of Education shall consider public comments, the use of best practices, evidence and research in the evaluation of both sets of standards. The State Board of Education shall compare the standards in the areas of: a. effective preparation for active citizenship and postsecondary education or the workforce, b. subject matter content, c. sequencing of subject matter content and relationship to measurement of student performance and the application of subject matter standards, d. developmental appropriateness of grade-level expectations, academic content and instructional rigor, e. clarity for educators and parents, f. exemplars tied to the standards, g. measurability of student proficiency in the subject matter, h. pedagogy, i. development of critical thinking skills, and j. demonstration of application of acquired knowledge and skills. 2. Upon completion of the comparison of the English Language Arts and Mathematics subject matter standards, the State Board of Education shall submit to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Minority Leader of the House of Representatives and the Minority Leader of the Senate a report outlining the results of the comparison of the standards. H. All subject matter standards and corresponding statewide student assessments adopted by the State Board of Education shall be carefully circumscribed to reflect direct application to subject matter proficiency and shall not include standards or assessment questions that are designed to collect or measure noncognitive, emotional or psychological characteristics, attributes or skills of students. I. Any rule, including but not limited to Rules 210:15-4-1 through 210:15-4-3 of the Oklahoma Administrative Code, which conflicts with the requirements of this section, shall be amended or repealed by the State Board of Education as necessary to comply with the requirements of this section. Added by Laws 1989, 1st Ex. Sess., c. 2, § 7, emerg. eff. April 25, 1990. Amended by Laws 2002, c. 289, § 3, eff. July 1, 2002; Laws 2010, c. 291, § 15, eff. July 1, 2010; Laws 2014, c. 430, § 3, emerg. eff. June 5, 2014. §70-11-103.6b. Social studies curriculum and textbooks to reflect American diversity. A. The State Board of Education shall adopt a social studies core curriculum with courses of instruction for all students enrolled in the public schools that reflect the racial, ethnic, religious, and cultural diversity of the United States of America. The United States history and Oklahoma history components required in the social studies curriculum for all students shall include, but not be limited to, African Americans, Native Americans, and Hispanic Americans. The United States history component required in the social studies curriculum for all students shall include information about Juneteenth commemorating emancipation of enslaved African Americans. B. The State Textbook Committee, when adopting textbooks, shall incorporate the provisions of subsection A of this section into the criteria used to evaluate United States history and Oklahoma history textbooks. Any United States history or Oklahoma history textbook on the state adopted textbook list shall conform to the purposes of this section. The State Textbook Committee shall ensure that all social studies textbooks and supplementary materials selected to be purchased with state funds for use in Oklahoma classrooms reflect the racial, ethnic, religious, and cultural diversity of the United States. C. It is the intent of the Legislature that a portion of the state funds appropriated for professional development in local school districts be used for workshops, seminars, guest lecturers, and other methods which further the purposes of this section. D. As used in this section, "curriculum" means the subject matter standards adopted by the State Board of Education pursuant to Section 11-103.6 of this title. School districts shall exclusively determine instruction, specific course curricula, reading lists and instructional materials pursuant to subsection F of Section 11- 103.6a of this title. Added by Laws 1999, c. 294, § 1, eff. Nov. 1, 1999. Amended by Laws 2018, c. 257, § 1, eff. July 1, 2018. §70-11-103.6c. Teachers of honors courses - Certification in subject area. Any school district offering courses labeled as honors courses must ensure that teachers of such honors courses are certified to teach in the subject area of the course in order to label the course an honors course. Added by Laws 2000, c. 215, § 1, eff. July 1, 2000. §70-11-103.6d. Certificates of distinction. A. District boards of education may develop and issue a certificate of distinction that is to be awarded to students, beginning with students in the 2000-2001 high school graduating class who have met or exceeded the following criteria by the end of their senior year in high school with at least a 3.25 grade point average on a 4.0 scale: 1. Earned four units each in English, mathematics, social studies, and science; 2. Earned two additional units in the area of technology, the humanities, or the arts; 3. Earned two units in a foreign language; and 4. Achieved a proficient or advanced score on all end-of- instruction tests as required pursuant to Section 1210.508 of this title, as those tests are implemented. B. For purposes of this section, applicable vocational- technical classes offered by comprehensive high school vocational- technical programs shall qualify for technology, science, and mathematics units. Students enrolled in the programs may use one unit of their six concentrated vocational-technical curriculum units for one unit of mathematics required by this section and one unit of their six concentrated vocational-technical curriculum units for one unit of science required by this section. Advanced placement classes in the subject areas listed in paragraphs 1, 2, and 3 of subsection A of this section may be substituted on a course-by- course basis to satisfy the academic units required for a certificate of distinction. C. For purposes of this section, “unit” means a Carnegie Unit as defined by the North Central Association’s Commission on Schools. Added by Laws 2000, c. 232, § 2, eff. July 1, 2000. Amended by Laws 2009, c. 456, § 7, eff. July 1, 2009. NOTE: Editorially renumbered from § 11-103.6c of this title to avoid duplication in numbering. §70-11-103.6e. Certificates of distinction as part of higher education admission standards. Colleges and universities shall not make holding a certificate of distinction a part of their admission standards. Added by Laws 2000, c. 232, § 3, eff. July 1, 2000. NOTE: Editorially renumbered from § 11-103.6d of this title to avoid duplication in numbering. §70-11-103.6f. Students transferring from out of state - Children of military families - Exceptions to graduation requirements. A. Prior to September 1, 2003, the State Board of Education shall adopt rules to ensure that students who transfer into an Oklahoma school district from out of state after the junior year of high school of the student shall not be denied, due to differing graduation requirements, the opportunity to be awarded a standard diploma. B. The rules shall allow district boards of education to make exceptions on an individual student basis to the high school graduation requirements of Section 11-103.6 of this title for such students who would be unable to meet the specific graduation requirements without extending the date of graduation. Each district board of education that grants exceptions pursuant to this subsection shall report to the State Department of Education on or before July 1 of each year the number of students granted exceptions and reasons for the exceptions. C. By December 1, 2015, the State Board of Education shall adopt rules requiring school district boards of education to waive the Oklahoma history high school graduation requirements of Section 11-103.6 of this title for children of military families as defined in the Interstate Compact on Educational Opportunity for Military Children, set forth in Section 510.1 of this title, who transition with the military from another state and who have satisfactorily completed a similar state history class in another state. Added by Laws 2003, c. 55, § 1, emerg. eff. April 10, 2003. Amended by Laws 2015, c. 32, § 1, eff. July 1, 2015. §70-11-103.6g. Passport to Financial Literacy Act - Short title. Section 2 of this act shall be known and may be cited as the “Passport to Financial Literacy Act”. Added by Laws 2007, c. 173, § 1, eff. July 1, 2007. §70-11-103.6h-1. Personal Financial Literacy Education Revolving Fund. There is hereby created in the State Treasury a revolving fund for the State Department of Education to be designated the "Personal Financial Literacy Education Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies directed to be deposited in the fund pursuant to Section 3-211 of Title 14A of the Oklahoma Statutes and any other monies received by the Department for such purpose from any other public or private source. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the purposes set forth in Section 11-103.6h of this title. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. Added by Laws 2017, c. 279, § 3, eff. July 1, 2017. Amended by Laws 2019, c. 89, § 31, eff. Aug. 1, 2020; Laws 2024, c. 264, § 3, eff. July 1, 2025. §70-11-103.6h. Passport to Financial Literacy Act - Areas of instruction - Graduation requirement - Duties of Department of Education - Transfer students. A. Personal financial literacy education shall be taught in the public schools of this state. Personal financial literacy education shall include, but is not limited to, the following areas of instruction: 1. Understanding interest, credit card debt, and online commerce; 2. Rights and responsibilities of renting or buying a home including: a. down payments, mortgage payments, and variable and fixed interest rates, b. various types of mortgage loans, and c. escrow; 3. Savings and investing; 4. Planning for retirement including individual retirement accounts (IRAs), plans established under Section 401(k) of the Internal Revenue Code of 1986, as amended, and other avenues for saving and investing for retirement; 5. Bankruptcy; 6. Banking and financial services; 7. Managing a bank account including online banking features; 8. Understanding credit scores, credit reports, and what factors affect an individual's credit score; 9. Understanding the Free Application for Federal Student Aid (FAFSA), loans and borrowing money, including predatory lending and payday loans; 10. Understanding insurance; 11. Identity fraud and theft; 12. Charitable giving; 13. Understanding the financial impact and consequences of gambling; 14. Earning an income; and 15. Understanding state and federal income taxes. B. Beginning with students entering the ninth grade in the 2025-2026 school year, in order to graduate from a public high school accredited by the State Board of Education with a standard diploma, students shall fulfill the requirement by satisfactorily completing a personal financial literacy course or coursework containing the areas of instruction for personal financial literacy as provided in subsection A of this section during the tenth, eleventh, or twelfth grade. C. Personal financial literacy instruction shall be integrated into one or more existing courses of study or provided in a one-half (1/2) unit personal financial literacy course. School districts may integrate or embed personal financial literacy instruction within one or more courses offered by the district to be counted toward meeting the graduation requirements of this section. Courses offered at a technology center school through an agreement between the school district and the Oklahoma Department of Career and Technology Education which integrate or embed personal financial literacy may, upon the approval of the Board, be counted toward meeting the graduation requirements of this section. School districts shall have the option of determining if a separate, one- half (1/2) unit personal financial literacy course will be offered as an elective, in addition to any courses offered by the school district or a partnering technology center school which integrate or embed the required personal financial literacy instruction. D. Students with the most significant cognitive disabilities (MSCD) who have an Individualized Education Program (IEP) that directs that the student is to be assessed with alternate achievements standards through the Oklahoma Alternative Assessment Program may demonstrate satisfactory knowledge in each area of instruction listed in subsection A of this section upon a determination, supported by documentation, by the school district that the student has met the following criteria: 1. Receives substantive and substantial instruction in life- skills curriculum; and 2. Demonstrates the acquired knowledge of the student with MSCD by alternate measures as required by the IEP. E. The State Board of Education shall identify and adopt curriculum standards for personal financial literacy instruction that reflect the areas of instruction listed in subsection A of this section. The standards shall be incorporated into the state academic content standards adopted by the Board pursuant to Section 11-103.6 of this title. F. The State Department of Education shall: 1. Develop guidelines and material designed to enable schools to offer personal financial literacy as a separate course and shall develop guidelines and material designed to enable schools flexibility to integrate personal financial literacy within coursework as determined by the school district. The guidelines shall outline the areas of instruction to be taught based on the curriculum standards adopted by the Board; 2. Develop professional development programs that are designed to help teachers provide instruction in personal financial literacy. Development programs shall be designed to help teachers provide instruction through a separate personal financial literacy course. Professional development shall additionally be designed for teachers embedding personal financial literacy within their existing subject matter. Development of a bridge program designed for teachers seeking to transition from embedded instruction to a separate personal financial literacy course shall be developed; 3. Provide resources to assist schools in developing a separate personal financial literacy course and resources for schools seeking to offer a separate personal financial literacy course. The Department shall provide support to schools seeking to determine the most appropriate coursework when embedded instruction is necessary; 4. Provide and identify resources designed to enable students identified as English language learners and students with specific learning disabilities or individual educational needs to understand and use the personal financial literacy information presented; and 5. Utilize funds deposited into the Personal Financial Literacy Education Revolving Fund created in Section 11-103.6h-1 of this title for the purpose of and to fund the Passport to Financial Literacy Act. Such funds may be used for developing and providing guidelines, materials and resources for personal financial literacy for students and teachers including, but not limited to, online curricula, training and professional development for teachers in the area of personal financial literacy as required in this subsection. The Department may use such funds to work in conjunction with one or more Oklahoma-based not-for-profit organizations that have proven expertise in the development of standards and curricula as well as delivery of teacher professional development in personal financial literacy. The Department may work with these organizations for the purposes of developing personal financial literacy standards, curricula, and guidelines; providing materials and resources; and development of professional teacher learning programs. G. 1. For students who transfer into an Oklahoma school district from out of state after the tenth grade, school districts shall assess the knowledge of the student in each of the areas of instruction listed in subsection A of this section. If the school district determines that the transferred student has successfully completed instruction in the areas of personal financial literacy instruction at a previous school in which the student was enrolled or if the student demonstrates satisfactory knowledge of the areas of personal financial literacy instruction through an assessment, the school district may exempt the student from completing instruction in personal financial literacy. School districts may use the assessment developed and provided by the State Department of Education or the Department of Career and Technology Education as approved by the Board. School districts may develop personal financial literacy assessments for transfer students as provided in this subsection. 2. For students who transfer into an Oklahoma school district from out of state during or after their junior year of high school, school districts may make an exception to the requirements for a personal financial literacy course pursuant to the provisions of Section 11-103.6 of this title. School districts shall still encourage completion of instruction in personal financial literacy. H. The State Textbook Committee created in Section 16-101 of this title may, when selecting textbooks for mathematics, economics, or similar courses, select those textbooks which contain substantive provisions on personal finance. I. School districts may assign the responsibility for teaching personal financial literacy to teachers with secondary education certifications closely related to agricultural education, business and information technology, economics, family and consumer sciences, history and social studies, marketing, or mathematics. Upon request of a school district, the State Department of Education may review a teacher's certification to determine qualifications under this subsection. School districts may assign the responsibility for teaching personal financial literacy to one teacher or group of teachers with appropriate qualifications on a continuing basis. J. Beginning with the 2020-2021 school year, all teachers who are assigned the responsibility for teaching personal financial literacy shall complete ongoing professional development training in the areas of personal financial literacy instruction in accordance with guidelines established by the State Department of Education. Added by Laws 2007, c. 173, § 2, eff. July 1, 2007. Amended by Laws 2015, c. 239, § 1, eff. July 1, 2015; Laws 2017, c. 279, § 1, eff. July 1, 2017; Laws 2024, c. 264, § 2, eff. July 1, 2025. §70-11-103.6i. State Board of Education - Adoption of Oklahoma City bombing to curriculum. A. The State Board of Education shall adopt a social studies core curriculum with courses of instruction in Oklahoma history for all students enrolled in the public schools that incorporates information about the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in Oklahoma City and the role it played in the history of Oklahoma and the nation from April 19, 1995, to the present. A study of the bombing and its aftermath can help students learn the impact of violence, the senselessness of using violence to solve problems or change their government, and the importance of personal responsibility. B. The State Department of Education may make program materials and resources concerning the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in Oklahoma City provided by the Oklahoma City National Memorial and Museum available to the public schools of this state. C. The State Textbook Committee, when adopting textbooks, shall incorporate the provisions of subsection A of this section into the criteria used to evaluate United States history and Oklahoma history textbooks. Added by Laws 2010, c. 36, § 1, eff. July 1, 2010. §70-11-103.6j. Workplace safety training information. A. The State Department of Education, in collaboration with the Oklahoma Department of Labor, shall make available to school districts information regarding workplace safety training for grades seven through twelve. Such information shall include the Oklahoma Department of Labor's "Youth @ Work Talking Safety: A Safety and Health Curriculum for Young Workers". B. The State Department of Education shall encourage school districts to inform grade-seven through -twelve teachers about the importance of incorporating workplace safety training in their curriculum. C. A school district board of education shall require a program for seventh-grade through twelfth-grade teachers which shall emphasize the importance of incorporating workplace safety training into curriculum. The program shall be completed at a frequency as determined by the board. D. The State Board of Education shall promulgate rules to implement the provisions of this act. Added by Laws 2015, c. 4, § 1. Amended by Laws 2021, c. 103, § 3, eff. Nov. 1, 2021; Laws 2023, c. 15, § 5, eff. July 1, 2023. §70-11-103.6k. College and career endorsements - Curriculum requirements A. The State Board of Education, in collaboration with the State Board of Career and Technology Education and the Oklahoma State Regents for Higher Education, shall develop college and career endorsements that will provide distinction and direct student coursework toward clear career pathways. B. A student may earn a college and career endorsement by satisfying the curriculum requirements in any of the following categories: 1. Science, technology, engineering and mathematics (STEM), which may include but shall not be limited to courses directly related to science, including environmental science, technology, including computer science, engineering and advanced mathematics; 2. Business and industry, which may include but shall not be limited to courses directly related to database management, information technology, communications, accounting, finance, marketing, graphic design, architecture, construction, welding, logistics, automotive technology, agricultural science and heating, ventilation and air conditioning; 3. Public services, which may include but shall not be limited to courses directly related to health sciences and occupations, education and training, law enforcement and culinary arts and hospitality; 4. Arts and humanities, which may include but shall not be limited to courses directly related to political science, world languages, cultural studies, English literature, history and fine arts; 5. Multidisciplinary studies, which allow a student to select courses from the curriculum of each college and career endorsement area specified under this subsection and earn credits in a variety of advanced courses from multiple content areas; and 6. Any other area of study as determined by the State Board of Education. C. The State Board of Education, in collaboration with the State Board of Career and Technology Education, the Oklahoma State Regents for Higher Education and representatives of business, labor and industry, shall specify the curriculum requirements for each college and career endorsement specified in subsection B of this section. D. For purposes of this section, applicable courses taken at a technology center school may, at the discretion of the State Board of Education, qualify for any of the courses required for a college and career endorsement. E. The State Board of Education shall develop and implement a mechanism by which to recognize college and career endorsements. Added by Laws 2016, c. 263, § 1, eff. Nov. 1, 2016. §70-11-103.6l. Workforce Oklahoma Academic High School Diploma Recognition Act A. This act shall be known and may be cited as the "2016 Workforce Oklahoma Academic High School Diploma Recognition Act". B. Beginning with the 2020-2021 high school graduating class, a school district may implement graduation recognitions for students who have met the curricular requirements set forth in Section 11- 103.6d of Title 70 of the Oklahoma Statutes and who have participated in an approved program of study leading to a recognized career and/or postsecondary education pathway. Such students may be eligible for the following graduation recognitions on their standard diploma: 1. "Recognition of highest academic distinction" for students who achieve a cumulative high school grade point average of 3.75 or higher on a 4.0 scale for all coursework performed in their career pathway of choice, along with meeting state-recognized college entrance requirements at the time of graduation; 2. "Recognition of academic honors" for students who achieve a cumulative high school grade point average of 3.5 or higher on a 4.0 scale for all coursework performed in their career pathway of choice, along with meeting state-recognized college entrance requirements at the time of graduation; and 3. "Recognition of academic merit" for students who achieve a cumulative high school grade point average of 3.0 or higher on a 4.0 scale for all coursework performed in their career pathway of choice, along with meeting state-recognized college entrance requirements at the time of graduation. C. A graduation recognition awarded pursuant to this section may be indicated upon the diploma and high school transcript of those students who qualify for such status. D. For the purposes of this section "approved programs of study" shall mean those programs of study identified by the local school district that shall include an identified sequence of courses leading to career entry and/or postsecondary education. Approved course sequences shall include at least six (6) credits within a career pathway and shall include advanced placement courses, career and technical science, technology, engineering and mathematics (STEM) courses, concurrent enrollment college courses or a combination of such courses that best prepare students for work or further study in a career pathway of their choice. E. The State Board of Education and the State Board of Career and Technology Education shall promulgate rules necessary to implement the provisions of this section. Added by Laws 2016, c. 371, § 1. §70-11-103.6m. Computer science programs rubric. A. The State Department of Education shall develop by December 31, 2019, a rubric for computer science programs in elementary, middle and high schools to serve as a guide to schools for implementing quality computer science programs. B. The rubric shall include but not be limited to the following recommendations: 1. No less than one computer science course taught by a teacher with a computer science certification at each school site, which may include core content courses where computer science concepts are integrated; and 2. Allowing all students to have access to career exploration activities that address how computer science skills are utilized. C. 1. Beginning in the 2024-2025 school year, all public high schools and public charter high schools in this state shall offer a minimum of one computer science course to students. 2. Beginning in the 2024-2025 school year, all public middle and elementary schools and public charter middle and elementary schools in this state shall offer instruction aligned to the Oklahoma Academic Standards for Computer Science. Instruction may be offered through stand-alone computer science courses or through integration in other courses. D. Each course or offering required by subsection C of this section shall: 1. Be aligned to the Oklahoma Academic Standards for Computer Science and current research-based instructional practices; 2. Be of high quality, as defined by the State Board of Education; and 3. Be offered in an in-person setting or as a virtual or distance course option only when a traditional classroom setting is not feasible. E. By June 30, 2025, and by June 30 each year thereafter, the State Department of Education shall publish on its website a report regarding computer science courses or content offered at each school and district during the previous school year. The report shall include the names and course codes of computer science courses offered in each school including a course description, to the extent such information is available. Added by Laws 2019, c. 332, § 1, eff. July 1, 2019. Amended by Laws 2021, c. 400, § 1, eff. Nov. 1, 2021. §70-11-103.6n. Professional learning opportunities for computer science courses - Grant program. A. Subject to the availability of funds, One Million Dollars ($1,000,000.00) shall be allocated by the State Board of Education to develop and implement high quality professional learning opportunities for computer science courses that align to the Oklahoma Academic Standards for Computer Science and align to the rubric developed by the State Department of Education for quality computer science programs pursuant to Section 1 of this act. B. The State Department of Education may create a grant program for the purpose of providing professional learning opportunities. Entities eligible to receive grant funds shall include but not be limited to: 1. A school district or a consortium of school districts; and 2. High-quality computer science professional learning providers including institutions within The Oklahoma State System of Higher Education, technology center schools overseen by the Oklahoma State Board of Career and Technology Education, non-profit organizations or private entities. C. Grant funds shall be used by grantees for: 1. High-quality professional learning for kindergarten through twelfth grade computer science content including travel to workshops; 2. Credentialing for kindergarten through twelfth grade computer science teachers including career and technology education endorsements and academic supplemental endorsements; 3. Supports for kindergarten through twelfth grade computer science professional learning including mentoring and coaching; 4. Creation of instructional resources to support implementation including integrated curricular resources; and 5. Developing or redesigning computer science resources that are aligned with the Oklahoma Academic Standards for Computer Science. Up to ten percent (10%) of grant funds may be used to study the effectiveness of professional learning, curricula or other initiatives provided for in this subsection. D. A grantee may use grant funds to purchase technology including software, hardware or infrastructure, provided it is directly connected to the grantee's ability to implement a quality computer science program as defined by the rubric required by Section 1 of this act. To use grant funds for technology, a grantee shall specify in the grant application the amount of funds to be used for technology and the items to be purchased. E. The State Department of Education shall prioritize the following grant applications: 1. School districts that are working in partnership with providers of high-quality professional learning for kindergarten through twelfth grade computer science; 2. Proposals that describe strategies to enroll underserved populations of students; and 3. Proposals from rural or urban areas with low penetration of kindergarten through twelfth grade computer science offerings including school districts that partner together to form clusters of implementation. F. The State Board of Education shall promulgate rules to implement the provisions of this act. Added by Laws 2019, c. 332, § 2, eff. July 1, 2019. §70-11-103.6o. Holocaust education for grades six through twelve. A. The State Department of Education, in consultation with experts in Holocaust education, shall develop and make available to public schools resources related to Holocaust education for grade- appropriate instruction of students in grades six through twelve. B. Beginning in the 2022-2023 school year, Holocaust education shall be taught to students in grades six through twelve in public schools in this state, as prescribed in the Oklahoma Academic Standards. Holocaust education may be integrated into one or more existing courses of study and shall be taught in a manner that: 1. Generates an understanding of the causes, course, and effects of the Holocaust; 2. Develops dialogue with students on the ramifications of bullying, bigotry, stereotyping, and discrimination; and 3. Encourages tolerance of diversity and reverence for human dignity for all citizens in a pluralistic society. C. The State Department of Education, in consultation with experts in Holocaust education, shall develop and implement high quality professional learning opportunities for Holocaust education teachers. D. As used in this section, "Holocaust" means the systematic, state-sponsored persecution and attempted annihilation of Jews and other groups by the Nazi regime in Germany between 1933 and 1945, which resulted in the murder of approximately six million Jews and five million other individuals. Added by Laws 2022, c. 278, § 1, eff. July 1, 2022. §70-11-103.6p. Civil rights curriculum. A. The State Department of Education shall develop and make available to every public elementary school and high school in the State of Oklahoma, a curriculum that may be taught as a stand-alone unit of instruction, or may be integrated into one or more existing courses of study, studying the events of the civil rights movement from 1954 to 1968, the natural law and natural rights principles that the Rev. Dr. Martin Luther King, Jr., drew from that informed his leadership of the civil rights movement, and the tactics and strategies of nonviolent resistance that he championed in response to the Jim Crow laws of that era. This period in American history is known as the civil rights era because during this period reform- minded Americans organized to press for a rejection of the doctrine of "separate but equal" and to repeal the Jim Crow-era laws in parts of the United States that embodied that doctrine. One of the universal lessons of the civil rights era is that hatred on the basis of immutable characteristics, including not just race or ethnicity, but also characteristics such as nationality, religious belief, disability, or sex, can overtake any nation or society, leading to profound injustice. To reinforce that lesson, such curriculum shall include an additional unit of instruction studying other acts of discriminatory injustice, such as genocide, committed elsewhere around the globe. The study of this material is a reaffirmation of the commitment of the people of this state to reject bigotry, to champion equal protection under the law as a foundational principle of our Republic, and to act in opposition to injustice wherever it may occur. B. The State Department of Education shall identify resources and provide exemplar units or sample lesson plans designed to help teachers provide instruction on the subject matter outlined in this act. Added by Laws 2023, c. 156, § 1, eff. Nov. 1, 2023. §70-11-103.6v1. State Board of Education - Adoption of subject matter standards - Option for high school graduation - Adoption and approval of promotional system. A. 1. The State Board of Education shall adopt subject matter standards for instruction of students in the public schools of this state that are necessary to ensure there is attainment of desired levels of competencies in a variety of areas to include language, mathematics, science, social studies, communication, and health and physical education. 2. School districts shall develop and implement curriculum, courses and instruction in order to ensure that students meet the skills and competencies as set forth in this section and in the subject matter standards adopted by the State Board of Education. 3. All students shall gain literacy at the elementary and secondary levels. Students shall develop skills in reading, writing, speaking, computing and critical thinking. For purposes of this section, critical thinking means a manner of analytical thinking which is logical and uses linear factual analysis to reach a conclusion. They shall learn about cultures and environments - their own and those of others with whom they share the earth. All students shall receive the instruction needed to lead healthy and physically active lifestyles. Students, therefore, shall study social studies, literature, languages, the arts, health, mathematics and science. Such curricula shall provide for the teaching of a hands-on career exploration program in cooperation with technology center schools. 4. The subject matter standards shall be designed to teach the competencies for which students shall be tested as provided in Section 1210.508 of this title, and shall be designed to prepare all students for active citizenship, employment and/or successful completion of postsecondary education without the need for remedial coursework at the postsecondary level. 5. The subject matter standards shall be designed with rigor as defined in paragraph 3 of subsection G of this section. 6. The subject matter standards for English Language Arts shall give Classic Literature and nonfiction literature equal consideration to other literature. In addition, emphasis shall be given to the study of complete works of literature. 7. At a minimum, the subject matter standards for mathematics shall require mastery of the standard algorithms in mathematics, which is the most logical, efficient way of solving a problem that consistently works, and for students to attain fluency in Euclidian geometry. 8. The subject matter standards for history, social studies and United States Government shall include study of important historical documents, including the United States Constitution, Declaration of Independence, Emancipation Proclamation, Federalist Papers and other documents with significant history and heritage of the United States, and the content of the United States naturalization test, with an emphasis on the specific content of the test and the ideas and concepts it references. Beginning with the 2022-2023 school year, the United States naturalization test shall be administered in accordance with subsection F of this section. 9. The subject matter standards for United States Government shall include an emphasis on civics, the structure and relationship between the national, state, county and local governments and simulations of the democratic process. For the purposes of this section, "civics" means the study of the rights and duties of Oklahoma and United States citizens and of how those governments work. 10. The subject matter standards for health and physical education shall include but not be limited to the domains of physical, emotional, social and intellectual health. Health literacy shall include the ability to obtain, process and understand basic health information and services needed to make appropriate health decisions. Health shall also include the importance of proper nutrition and exercise, mental health and wellness, substance abuse, coping skills for understanding and managing trauma, establishing and maintaining positive relationships and responsible decision making. Physical literacy shall include the ability to move with competence and confidence in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person. B. Subject to the provisions of subsection C of this section, in order to graduate from a public high school accredited by the State Board of Education with a standard diploma, students shall complete the following college preparatory/work ready curriculum units or sets of competencies at the secondary level: 1. Four units or sets of competencies of English to include Grammar, Composition, Literature, or any English course approved for college admission requirements; 2. Three units or sets of competencies of mathematics, limited to Algebra I, Algebra II, Geometry, Trigonometry, Math Analysis, Calculus, Advanced Placement Statistics, or any mathematics course with content and/or rigor above Algebra I and approved for college admission requirements; 3. Three units or sets of competencies of laboratory science approved for college admission requirements including one unit or set of competencies of life science meeting the standards for Biology I; one unit or set of competencies of physical science, meeting the standards for Physical Science, Chemistry or Physics; and one unit or set of competencies from the domains of physical science, life science or earth and space science such that the content and rigor is above Biology I or Physical Science; 4. Three units or sets of competencies of history and citizenship skills, including one unit of American History, one-half unit of Oklahoma History, one-half unit of United States Government and one unit from the subjects of History, Government, Geography, Economics, Civics, or non-Western culture and approved for college admission requirements; 5. Two units or sets of competencies of the same world or non- English language or two units of computer technology approved for college admission requirements, whether taught at a high school or a technology center school, including computer programming, hardware, and business computer applications, such as word processing, databases, spreadsheets, and graphics, excluding keyboarding or typing courses; 6. One additional unit or set of competencies selected from paragraphs 1 through 5 of this subsection or career and technology education courses, concurrently enrolled courses, Advanced Placement courses or International Baccalaureate courses approved for college admission requirements; 7. One-half (1/2) unit or set of competencies of personal financial literacy, as provided in the Passport to Financial Literacy Act, whether taught as an elective course or when taught during instruction as provided in and subject to the standards of subsection A of Section 11-103.6h of this title in coursework offered by the school district or partnering technology center school by a teacher certified in a relevant secondary subject area and taken in the tenth, eleventh, or twelfth grade; and 8. One unit or set of competencies of fine arts, such as music, art, or drama, or one unit or set of competencies of speech. C. In lieu of the requirements of subsection B of this section which requires a college preparatory/work ready curriculum, a student may enroll in the core curriculum as provided in subsection D of this section upon written approval of the parent or legal guardian of the student. For students under the age of eighteen (18) school districts shall require a parent or legal guardian of the student to meet with a designee of the school prior to enrollment in the core curriculum. The State Department of Education shall develop and distribute to school districts a form suitable for this purpose, which shall include information on the benefits to students of completing the college preparatory/work ready curriculum as provided for in subsection B of this section. D. For those students subject to the requirements of subsection C of this section, in order to graduate from a public high school accredited by the State Board of Education with a standard diploma, students shall complete the following core curriculum units or sets of competencies at the secondary level: 1. Language Arts - Four units or sets of competencies, to consist of one unit or set of competencies of grammar and composition, and three units or sets of competencies which may include, but are not limited to, the following courses: a. American Literature, b. English Literature, c. World Literature, d. Advanced English Courses, or e. other English courses with content and/or rigor equal to or above grammar and composition; 2. Mathematics - Three units or sets of competencies to consist of one unit or set of competencies of Algebra I or Algebra I taught in a contextual methodology, and two units or sets of competencies which may include, but are not limited to, the following courses: a. Algebra II, b. Geometry or Geometry taught in a contextual methodology, c. Trigonometry, d. Math Analysis or Precalculus, e. Calculus, f. Statistics and/or Probability, g. Computer Science or acceptance and successful completion of one (1) year of a full-time, three-hour career and technology program leading to an industry credential/certificate or college credit. The State Board of Career and Technology Education shall promulgate rules to define the provisions of this section related to the accepted industry-valued credentials which are industry-endorsed or industry- aligned. The list of accepted industry-valued credentials shall be reviewed annually and updated at least every three (3) years by the Board, h. (1) contextual mathematics courses which enhance technology preparation, or (2) a science, technology, engineering and math (STEM) block course meeting the requirements for course competencies listed in paragraph 2 of subsection B of this section, whether taught at a: (a) comprehensive high school, or (b) technology center school when taken in the tenth, eleventh or twelfth grade, taught by a certified teacher, and approved by the State Board of Education and the independent district board of education, i. mathematics courses taught at a technology center school by a teacher certified in the secondary subject area when taken in the tenth, eleventh or twelfth grade upon approval of the State Board of Education and the independent district board of education, or j. any other mathematics course with content and/or rigor equal to or above Algebra I; 3. Science - Three units or sets of competencies to consist of one unit or set of competencies of Biology I or Biology I taught in a contextual methodology, and two units or sets of competencies in the areas of life, physical, or earth science or technology which may include, but are not limited to, the following courses: a. Chemistry I, b. Physics, c. Biology II, d. Chemistry II, e. Physical Science, f. Earth Science, g. Botany, h. Zoology, i. Physiology, j. Astronomy, k. Applied Biology/Chemistry, l. Applied Physics, m. Principles of Technology, n. qualified agricultural education courses, o. (1) contextual science courses which enhance technology preparation, or (2) a science, technology, engineering and math (STEM) block course meeting the requirements for course competencies listed in paragraph 3 of subsection B of this section, whether taught at a: (a) comprehensive high school, or (b) technology center school when taken in the tenth, eleventh or twelfth grade, taught by a certified teacher, and approved by the State Board of Education and the independent district board of education, p. science courses taught at a technology center school by a teacher certified in the secondary subject area when taken in the tenth, eleventh or twelfth grade upon approval of the State Board of Education and the independent district board of education, or q. other science courses with content and/or rigor equal to or above Biology I; 4. Social Studies - Three units or sets of competencies, to consist of one unit or set of competencies of United States History, one-half (1/2) to one unit or set of competencies of United States Government, one-half (1/2) unit or set of competencies of Oklahoma History, and one-half (1/2) to one unit or set of competencies which may include, but are not limited to, the following courses: a. World History, b. Geography, c. Economics, d. Anthropology, or e. other social studies courses with content and/or rigor equal to or above United States History, United States Government, and Oklahoma History; 5. Arts - One unit or set of competencies which may include, but is not limited to, courses in Visual Arts and General Music; 6. One-half (1/2) unit or set of competencies of personal financial literacy, as provided in the Passport to Financial Literacy Act, whether taught as an elective course or when taught during instruction as provided in and subject to the standards of subsection A of Section 11-103.6h of this title in coursework offered by the school district or partnering technology center school by a teacher certified in a relevant secondary subject area and taken in the tenth, eleventh, or twelfth grade; and 7. Computer Education or World Language - One unit or set of competencies of computer technology, whether taught at a high school or a technology center school, including computer programming, hardware and business computer applications, such as word processing, databases, spreadsheets and graphics, excluding keyboarding or typing courses, or one unit or set of competencies of world or non-English language. E. A school district may issue an alternate diploma to a student who meets the definition of a student with the most significant cognitive disabilities and who participates in the Oklahoma Alternate Assessment Program (OAAP) beginning in the 2023- 2024 school year. An alternate diploma shall be standards-based, aligned with requirements for a standard diploma, and obtained by the school year in which a student turns twenty-two (22) years of age. F. An alternate diploma shall not terminate a Free and Appropriate Public Education (FAPE) for students with an Individualized Education Program (IEP) unless they reach the maximum age of FAPE. The IEP team shall determine subsequent courses and services for students who receive an alternate diploma. G. Students participating in the OAAP shall not be precluded from attempting to meet the requirements of a standard diploma and participation in the OAAP shall not determine a student's educational setting under the Individuals with Disabilities Education Act (IDEA). H. Students who meet requirements for an alternate diploma may count as having received a standard diploma for purposes of calculating and reporting the adjusted cohort graduation rate (ACGR). I. A student may be awarded an alternate diploma upon completion of the following curriculum units or sets of competencies at the secondary level: 1. Language Arts - Four units or sets of competencies based on alternate academic achievement standards to consist of reading literature, reading informational text, writing, speaking and listening, and language in the following courses: a. English 1 Alternate, b. English 2 Alternate, c. English 3 Alternate, and d. English 4 Alternate; 2. Mathematics - Three units or sets of competencies based on alternate academic achievement standards to consist of number, quantities, algebra, functions/statistics, probability, and geometry in the following courses: a. Math Alternate 1, b. Math Alternate 2, and c. Math Alternate 3; 3. Science - Three units or sets of competencies based on alternate academic achievement standards to consist of life science, physical science, and earth science in the following courses: a. Life Science Alternate, b. Physical Science Alternate, and c. Earth Science Alternate; 4. Social Studies - Three units or sets of competencies based on alternate academic achievement standards to consist of United States History, United States Government, Oklahoma History, Geography, and Social Studies in the following courses: a. Social Studies Alternate 1, b. Social Studies Alternate 2, and c. Social Studies Alternate 3; 5. Arts - One unit or set of competencies which may include, but is not limited to, courses in Visual Arts and General Music; 6. Computer Education or World Language - One unit or set of competencies of computer technology, whether taught at a high school or a technology center school, including computer programming, hardware, and business computer applications, such as word processing, databases, spreadsheets, and graphics, excluding keyboarding or typing courses, or one unit or set of competencies of world or non-English language; 7. Career Readiness - at least two units of Career Readiness, including Career Readiness I, Career Readiness II, Career Readiness III, or Career Readiness IV. Each Career Readiness course may be substituted for Careers/Exploration, Internship I, or Internship II; and 8. Life Skills - at least two units of Life Skills, such as Life Skills I, Life Skills II, Life Skills III, or Life Skills IV. Each Life Skills course may be substituted for the Life Skills or Family and Consumer Science courses. J. Courses in the core curriculum may be used as a substitute for corresponding courses required by the alternate diploma. Other courses may be substituted as determined by the State Board of Education. K. 1. In addition to the curriculum requirements of either subsection B or D of this section, in order to graduate from a public high school accredited by the State Board of Education students shall complete any additional course requirements or recommended elective courses as may be established by the State Board of Education and the district school board. School districts shall strongly encourage students to complete two units or sets of competencies of world languages and two units or sets of competencies of physical and health education. 2. No student shall receive credit for high school graduation more than once for completion of the same unit or set of competencies to satisfy the curriculum requirements of this section. 3. A school district shall not be required to offer every course listed in subsections B and D of this section but shall offer sufficient courses to allow a student to meet the graduation requirements during the secondary grade years of the student. L. 1. In addition to the curriculum requirements of either subsection B or D of this section, beginning with ninth graders in the 2021-22 school year, in order to graduate from a public high school accredited by the State Board of Education, students shall pass the United States naturalization test pursuant to the provisions of this subsection. 2. School districts shall offer the United States naturalization test to students at least once per school year, beginning as early as eighth grade at the discretion of the school district; provided, any student may retake the exam upon request, and as often as desired, until earning a passing score. For purposes of this subsection, a passing score shall be 60 out of 100 questions. 3. School districts shall exempt students with disabilities whose individualized education program (IEP), consistent with state law, indicates that the student is to be assessed with alternate achievement standards through the OAAP. M. For purposes of this section: 1. "Contextual methodology" means academic content and skills taught by utilizing real-world problems and projects in a way that helps students understand the application of that knowledge; 2. "Qualified agricultural education courses" means courses that have been determined by the State Board of Education to offer the sets of competencies for one or more science content areas and which correspond to academic science courses. Qualified agricultural education courses shall include, but are not limited to, Horticulture, Plant and Soil Science, Natural Resources and Environmental Science, and Animal Science. The courses shall be taught by teachers certified in agricultural education and comply with all rules of the Oklahoma Department of Career and Technology Education; 3. "Rigor" means a level of difficulty that is thorough, exhaustive and accurate and is appropriate for the grade level; 4. "Sets of competencies" means instruction in those skills and competencies that are specified in the subject matter standards adopted by the State Board of Education and other skills and competencies adopted by the Board, without regard to specified instructional time; and 5. "Unit" means a Carnegie Unit as defined by the North Central Association's Commission on Schools. N. 1. The State Board of Education shall adopt a plan to ensure that rigor is maintained in the content, teaching methodology, level of expectations for student achievement, and application of learning in all the courses taught to meet the graduation requirements as specified in this section. 2. The State Board of Education shall allow as much flexibility at the district level as is possible without diminishing the rigor or undermining the intent of providing these courses. To accomplish this purpose, the State Department of Education shall work with school districts in reviewing and approving courses taught by districts that are not specifically listed in subsections B and D of this section. Options may include, but shall not be limited to, courses taken by concurrent enrollment, advanced placement, or correspondence, or courses bearing different titles. 3. The State Board of Education shall approve an advanced placement computer science course to meet the requirements of course competencies listed in paragraph 2 of subsection B of this section if the course is taken in a student's senior year and the student is concurrently enrolled in or has successfully completed Algebra II. 4. Technology center school districts may offer programs designed in cooperation with institutions of higher education which have an emphasis on a focused field of career study upon approval of the State Board of Education and the independent district board of education. Students in the tenth grade may be allowed to attend these programs for up to one-half (1/2) of a school day and credit for the units or sets of competencies required in paragraphs 2, 3, 6, and 7 of subsection B or D of this section shall be given if the courses are taught by a teacher certified in the secondary subject area; provided, credit for units or sets of competencies pursuant to subsection B of this section shall be approved for college admission requirements. 5. If a student enrolls in a concurrent course, the school district shall not be responsible for any costs incurred for that course, unless the school district does not offer enough course selection during the student's secondary grade years to allow the student to receive the courses needed to meet the graduation requirements of this section. If the school district does not offer the necessary course selection during the student's secondary grade years, it shall be responsible for the cost of resident tuition at an institution in The Oklahoma State System of Higher Education, fees, and books for the concurrent enrollment course, and providing for transportation to and from the institution to the school site. It is the intent of the Legislature that for students enrolled in a concurrent enrollment course which is paid for by the school district pursuant to this paragraph, the institution charge only the supplementary and special service fees that are directly related to the concurrent enrollment course and enrollment procedures for that student. It is further the intent of the Legislature that fees for student activities and student service facilities, including the student health care and cultural and recreational service fees, not be charged to such students. 6. Credit for the units or sets of competencies required in subsection B or D of this section shall be given when such units or sets of competencies are taken prior to ninth grade if the teachers are certified or authorized to teach the subjects for high school credit and the required rigor is maintained. 7. The three units or sets of competencies in mathematics required in subsection B or D of this section shall be completed in the ninth through twelfth grades. If a student completes any required courses or sets of competencies in mathematics prior to ninth grade, the student may take any other mathematics courses or sets of competencies to fulfill the requirement to complete three units or sets of competencies in grades nine through twelve after the student has satisfied the requirements of subsection B or D of this section. 8. The one-half (1/2) unit or set of competencies in personal financial literacy required in subsection B or D of this section shall be completed in the tenth, eleventh, or twelfth grade to fulfill the requirements for graduation. 9. All units or sets of competencies required for graduation may be taken in any sequence recommended by the school district. O. As a condition of receiving accreditation from the State Board of Education, all students in grades nine through twelve shall enroll in a minimum of six periods, or the equivalent in block scheduling or other scheduling structure that allows for instruction in sets of competencies, of rigorous academic and/or rigorous vocational courses each day, which may include arts, vocal and instrumental music, speech classes, and physical education classes. P. 1. Academic and vocational-technical courses designed to offer sets of competencies integrated or embedded within the courses that provide for the teaching and learning of the appropriate skills and knowledge in the subject matter standards, as adopted by the State Board of Education, may, upon approval of the Board, in consultation with the Oklahoma Department of Career and Technology Education if the courses are offered at a technology center school district, be counted for academic credit and toward meeting the graduation requirements of this section. 2. Internet-based courses offered by a technology center school that are taught by a certified teacher and provide for the teaching and learning of the appropriate skills and knowledge in the subject matter standards may, upon approval of the State Board of Education and the independent district board of education, be counted for academic credit and toward meeting the graduation requirements of this section. 3. Internet-based courses or vocational-technical courses utilizing integrated or embedded skills for which no subject matter standards have been adopted by the State Board of Education may be approved by the Board, in consultation with the Oklahoma Department of Career and Technology Education if the courses are offered at a technology center school district, if such courses incorporate standards of nationally recognized professional organizations and are taught by certified teachers. 4. Courses offered by a supplemental education organization that is accredited by a national accrediting body and that are taught by a certified teacher and provide for the teaching and learning of the appropriate skills and knowledge in the subject matter standards may, upon approval of the State Board of Education and the school district board of education, be counted for academic credit and toward meeting the graduation requirements of this section. Q. The State Board of Education shall provide an option for high school graduation based upon attainment of the desired levels of competencies as required in tests pursuant to the provisions of Section 1210.508 of this title. Such option shall be in lieu of the amount of course credits earned. R. The State Board of Education shall prescribe, adopt and approve a promotion system based on the attainment by students of specified levels of competencies in each area of the core curriculum. S. Children who have an IEP pursuant to the IDEA, and who satisfy the graduation requirements through the individualized education program for that student shall be awarded a standard diploma. T. Students who enter the ninth grade in or prior to the 2007- 08 school year who are enrolled in an alternative education program and meet the requirements of their plans leading to high school graduation developed pursuant to Section 1210.568 of this title shall be awarded a standard diploma. U. Any student who completes the curriculum requirements of the International Baccalaureate Diploma Program shall be awarded a standard diploma. V. Any student who successfully completes an advanced mathematics or science course offered pursuant to Section 1210.404 of this title shall be granted academic credit toward meeting the graduation requirements pursuant to paragraph 2 or 3, as appropriate, of subsection B or D of this section. W. For purposes of this section, the courses approved for college admission requirements shall be courses which are approved by the Oklahoma State Regents for Higher Education for admission to an institution within The Oklahoma State System of Higher Education. X. Students who have been denied a standard diploma by the school district in which the student is or was enrolled for failing to meet the requirements of this section may re-enroll in the school district that denied the student a standard diploma following the denial of a standard diploma. The student shall be provided remediation or intervention and the opportunity to complete the curriculum units or sets of competencies required by this section to obtain a standard diploma. Students who re-enroll in the school district to meet the graduation requirements of this section shall be exempt from the hourly instructional requirements of Section 1- 111 of this title and the six-period enrollment requirements of this section. Y. The State Department of Education shall collect and report data by school site and district on the number of students who enroll in the core curriculum as provided in subsection D of this section. Added by Laws 1989, 1st Ex. Sess., c. 2, § 6, emerg. eff. April 25, 1990. Amended by Laws 1990, c. 263, § 67, operative July 1, 1990; Laws 1991, c. 233, § 1, eff. July 1, 1991; Laws 1999, c. 320, § 1, eff. July 1, 1999; Laws 2000, c. 232, § 1, eff. July 1, 2000; Laws 2001, c. 33, § 87, eff. July 1, 2001; Laws 2002, c. 143, § 1; Laws 2002, c. 453, § 4, eff. July 1, 2002; Laws 2004, c. 82, § 1, eff. July 1, 2004; Laws 2005, c. 29, § 2, eff. Nov. 1, 2005; Laws 2005, c. 432, § 7, eff. July 1, 2005; Laws 2006, c. 289, § 2, eff. July 1, 2006; Laws 2007, c. 173, § 3, eff. July 1, 2007; Laws 2013, c. 73, § 1, eff. July 1, 2013; Laws 2014, c. 214, § 1, eff. July 1, 2014; Laws 2014, c. 430, § 2, emerg. eff. June 5, 2014; Laws 2015, c. 54, § 33, emerg. eff. April 10, 2015; Laws 2016, c. 99, § 1, eff. July 1, 2016; Laws 2016, c. 379, § 1, eff. July 1, 2018; Laws 2017, c. 118, § 1, eff. July 1, 2018; Laws 2018, c. 241, § 1, eff. July 1, 2018; Laws 2019, c. 25, § 44, emerg. eff. April 4, 2019; Laws 2021, c. 322, § 1, eff. Nov. 1, 2021; Laws 2022, c. 228, § 51, emerg. eff. May 5, 2022; Laws 2023, c. 9, § 1, eff. July 1, 2023; Laws 2024, c. 264, § 1, eff. July 1, 2025. NOTE: Laws 2005, c. 80, § 1 repealed by Laws 2005, c. 432, § 15, eff. July 1, 2005. Laws 2014, c. 210, § 1 repealed by Laws 2015, c. 54, § 34, emerg. eff. April 10, 2015. Laws 2018, c. 67, § 1 repealed by Laws 2019, c. 25, § 45, emerg. eff. April 4, 2019. Laws 2021, c. 345, § 4 repealed by Laws 2022, c. 228, § 52, emerg. eff. May 5, 2022. §70-11-103.6v2. State Board of Education - Adoption of subject matter standards - Option for high school graduation - Adoption and approval of promotional system. A. 1. The State Board of Education shall adopt subject matter standards for instruction of students in the public schools of this state that are necessary to ensure there is attainment of desired levels of competencies in a variety of areas to include language, mathematics, science, social studies, communication, and health and physical education. 2. School districts shall develop and implement curriculum, courses and instruction in order to ensure that students meet the skills and competencies as set forth in this section and in the subject matter standards adopted by the State Board of Education. 3. All students shall gain literacy at the elementary and secondary levels. Students shall develop skills in reading, writing, speaking, computing and critical thinking. For purposes of this section, critical thinking means a manner of analytical thinking which is logical and uses linear factual analysis to reach a conclusion. They shall learn about cultures and environments - their own and those of others with whom they share the earth. All students shall receive the instruction needed to lead healthy and physically active lifestyles. Students, therefore, shall study social studies, literature, languages, the arts, health, mathematics and science. Such curricula shall provide for the teaching of a hands-on career exploration program in cooperation with technology center schools. 4. The subject matter standards shall be designed to teach the competencies for which students shall be tested as provided in Section 1210.508 of this title, and shall be designed to prepare all students for active citizenship, employment and/or successful completion of postsecondary education without the need for remedial coursework at the postsecondary level. 5. The subject matter standards shall be designed with rigor as defined in paragraph 3 of subsection G of this section. 6. The subject matter standards for English Language Arts shall give Classic Literature and nonfiction literature equal consideration to other literature. In addition, emphasis shall be given to the study of complete works of literature. 7. At a minimum, the subject matter standards for mathematics shall require mastery of the standard algorithms in mathematics, which is the most logical, efficient way of solving a problem that consistently works, and for students to attain fluency in Euclidian geometry. 8. The subject matter standards for history, social studies and United States Government shall include study of important historical documents, including the United States Constitution, Declaration of Independence, Emancipation Proclamation, Federalist Papers and other documents with significant history and heritage of the United States, and the content of the United States naturalization test, with an emphasis on the specific content of the test and the ideas and concepts it references. Beginning with the 2022-2023 school year, the United States naturalization test shall be administered in accordance with subsection F of this section. 9. The subject matter standards for United States Government shall include an emphasis on civics, the structure and relationship between the national, state, county and local governments and simulations of the democratic process. For the purposes of this section, “civics” means the study of the rights and duties of Oklahoma and United States citizens and of how those governments work. 10. The subject matter standards for health and physical education shall include but not be limited to the domains of physical, emotional, social and intellectual health. Health literacy shall include the ability to obtain, process and understand basic health information and services needed to make appropriate health decisions. Health shall also include the importance of proper nutrition and exercise, mental health and wellness, substance abuse, coping skills for understanding and managing trauma, establishing and maintaining positive relationships and responsible decision making. Physical literacy shall include the ability to move with competence and confidence in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person. B. Subject to the provisions of subsection C of this section, in order to graduate from a public high school accredited by the State Board of Education with a standard diploma, students shall complete the following college preparatory/work ready curriculum units or sets of competencies at the secondary level: 1. Four units or sets of competencies of English to include Grammar, Composition, Literature, or any English course approved for college admission requirements; 2. Three units or sets of competencies of mathematics, limited to Algebra I, Algebra II, Geometry, Trigonometry, Math Analysis, Calculus, Advanced Placement Statistics, or any mathematics course with content and/or rigor above Algebra I and approved for college admission requirements; 3. Three units or sets of competencies of laboratory science approved for college admission requirements including one unit or set of competencies of life science meeting the standards for Biology I; one unit or set of competencies of physical science, meeting the standards for Physical Science, Chemistry or Physics; and one unit or set of competencies from the domains of physical science, life science or earth and space science such that the content and rigor is above Biology I or Physical Science; 4. Three units or sets of competencies of history and citizenship skills, including one unit of American History, one-half unit of Oklahoma History, one-half unit of United States Government and one unit from the subjects of History, Government, Geography, Economics, Civics, or non-Western culture and approved for college admission requirements; 5. Two units or sets of competencies of the same world or non- English language or two units of computer technology approved for college admission requirements, whether taught at a high school or a technology center school, including computer programming, hardware, and business computer applications, such as word processing, databases, spreadsheets, and graphics, excluding keyboarding or typing courses; 6. One additional unit or set of competencies selected from paragraphs 1 through 5 of this subsection or career and technology education courses, concurrently enrolled courses, advanced placement courses, or International Baccalaureate courses approved for college admission requirements; and 7. One unit or set of competencies of fine arts, such as music, art, or drama, or one unit or set of competencies of speech. C. In lieu of the requirements of subsection B of this section which requires a college preparatory/work ready curriculum, a student may enroll in the core curriculum as provided in subsection D of this section upon written approval of the parent or legal guardian of the student. For students under the age of eighteen (18) school districts shall require a parent or legal guardian of the student to meet with a designee of the school prior to enrollment in the core curriculum. The State Department of Education shall develop and distribute to school districts a form suitable for this purpose, which shall include information on the benefits to students of completing the college preparatory/work ready curriculum as provided for in subsection B of this section. D. For those students subject to the requirements of subsection C of this section, in order to graduate from a public high school accredited by the State Board of Education with a standard diploma, students shall complete the following core curriculum units or sets of competencies at the secondary level: 1. Language Arts - Four units or sets of competencies, to consist of one unit or set of competencies of grammar and composition, and three units or sets of competencies which may include, but are not limited to, the following courses: a. American Literature, b. English Literature, c. World Literature, d. Advanced English Courses, or e. other English courses with content and/or rigor equal to or above grammar and composition; 2. Mathematics - Three units or sets of competencies to consist of one unit or set of competencies of Algebra I or Algebra I taught in a contextual methodology, and two units or sets of competencies which may include, but are not limited to, the following courses: a. Algebra II, b. Geometry or Geometry taught in a contextual methodology, c. Trigonometry, d. Math Analysis or Precalculus, e. Calculus, f. Statistics and/or Probability, g. Computer Science or acceptance and successful completion of one (1) year of a full-time, three-hour career and technology program leading to an industry credential/certificate or college credit. The State Board of Career and Technology Education shall promulgate rules to define the provisions of this section related to the accepted industry-valued credentials which are industry-endorsed or industry- aligned. The list of accepted industry-valued credentials shall be reviewed annually and updated at least every three (3) years by the Board, h. (1) contextual mathematics courses which enhance technology preparation, or (2) a science, technology, engineering and math (STEM) block course meeting the requirements for course competencies listed in paragraph 2 of subsection B of this section, whether taught at a: (a) comprehensive high school, or (b) technology center school when taken in the tenth, eleventh or twelfth grade, taught by a certified teacher, and approved by the State Board of Education and the independent district board of education, i. mathematics courses taught at a technology center school by a teacher certified in the secondary subject area when taken in the tenth, eleventh or twelfth grade upon approval of the State Board of Education and the independent district board of education, or j. any other mathematics course with content and/or rigor equal to or above Algebra I; 3. Science - Three units or sets of competencies to consist of one unit or set of competencies of Biology I or Biology I taught in a contextual methodology, and two units or sets of competencies in the areas of life, physical, or earth science or technology which may include, but are not limited to, the following courses: a. Chemistry I, b. Physics, c. Biology II, d. Chemistry II, e. Physical Science, f. Earth Science, g. Botany, h. Zoology, i. Physiology, j. Astronomy, k. Applied Biology/Chemistry, l. Applied Physics, m. Principles of Technology, n. qualified agricultural education courses, o. (1) contextual science courses which enhance technology preparation, or (2) a science, technology, engineering and math (STEM) block course meeting the requirements for course competencies listed in paragraph 3 of subsection B of this section, whether taught at a: (a) comprehensive high school, or (b) technology center school when taken in the tenth, eleventh, or twelfth grade, taught by a certified teacher, and approved by the State Board of Education and the independent district board of education, p. science courses taught at a technology center school by a teacher certified in the secondary subject area when taken in the tenth, eleventh or twelfth grade upon approval of the State Board of Education and the independent district board of education, or q. other science courses with content and/or rigor equal to or above Biology I; 4. Social Studies - Three units or sets of competencies, to consist of one unit or set of competencies of United States History, one-half to one unit or set of competencies of United States Government, one-half unit or set of competencies of Oklahoma History, and one-half to one unit or set of competencies which may include, but are not limited to, the following courses: a. World History, b. Geography, c. Economics, d. Anthropology, or e. other social studies courses with content and/or rigor equal to or above United States History, United States Government, and Oklahoma History; 5. Arts - One unit or set of competencies which may include, but is not limited to, courses in Visual Arts and General Music; and 6. Computer Education or World Language - One unit or set of competencies of computer technology, whether taught at a high school or a technology center school, including computer programming, hardware, and business computer applications, such as word processing, databases, spreadsheets and graphics, excluding keyboarding or typing courses, or one unit or set of competencies of world or non-English language. E. The State Board of Education may develop rules to determine if courses on aviation are eligible for non-elective academic credit toward meeting the graduation requirements set forth in subsections B and D of this section. F. A school district may issue an alternate diploma to a student who meets the definition of a student with the most significant cognitive disabilities and who participates in the Oklahoma Alternate Assessment Program (OAAP) beginning in the 2023- 2024 school year. An alternate diploma shall be standards-based, aligned with requirements for a standard diploma, and obtained by the school year in which a student turns twenty-two (22) years of age. G. An alternate diploma shall not terminate a Free and Appropriate Public Education (FAPE) for students with an Individualized Education Program (IEP) unless they reach the maximum age of FAPE. The IEP team shall determine subsequent courses and services for students who receive an alternate diploma. H. Students participating in the OAAP shall not be precluded from attempting to meet the requirements of a standard diploma and participation in the OAAP shall not determine a student’s educational setting under the Individuals with Disabilities Education Act (IDEA). I. Students who meet requirements for an alternate diploma may count as having received a standard diploma for purposes of calculating and reporting the adjusted cohort graduation rate (ACGR). J. A student may be awarded an alternate diploma upon completion of the following curriculum units or sets of competencies at the secondary level: 1. Language Arts - Four units or sets of competencies based on alternate academic achievement standards to consist of reading literature, reading informational text, writing, speaking and listening, and language in the following courses: a. English 1 Alternate, b. English 2 Alternate, c. English 3 Alternate, and d. English 4 Alternate; 2. Mathematics - Three units or sets of competencies based on alternate academic achievement standards to consist of number, quantities, algebra, functions/statistics, probability, and geometry in the following courses: a. Math Alternate 1, b. Math Alternate 2, and c. Math Alternate 3; 3. Science - Three units or sets of competencies based on alternate academic achievement standards to consist of life science, physical science, and earth science in the following courses: a. Life Science Alternate, b. Physical Science Alternate, and c. Earth Science Alternate; 4. Social Studies - Three units or sets of competencies based on alternate academic achievement standards to consist of United States History, United States Government, Oklahoma History, Geography, and Social Studies in the following courses: a. Social Studies Alternate 1, b. Social Studies Alternate 2, and c. Social Studies Alternate 3; 5. Arts - One unit or set of competencies which may include, but is not limited to, courses in Visual Arts and General Music; 6. Computer Education or World Language - One unit or set of competencies of computer technology, whether taught at a high school or a technology center school, including computer programming, hardware, and business computer applications, such as word processing, databases, spreadsheets, and graphics, excluding keyboarding or typing courses, or one unit or set of competencies of world or non-English language; 7. Career Readiness - at least two units of Career Readiness, including Career Readiness I, Career Readiness II, Career Readiness III, or Career Readiness IV. Each Career Readiness course may be substituted for Careers/Exploration, Internship I, or Internship II; and 8. Life Skills - at least two units of Life Skills, such as Life Skills I, Life Skills II, Life Skills III, or Life Skills IV. Each Life Skills course may be substituted for the Life Skills or Family and Consumer Science courses. K. Courses in the core curriculum may be used as a substitute for corresponding courses required by the alternate diploma. Other courses may be substituted as determined by the State Board of Education. L. 1. In addition to the curriculum requirements of either subsection B or D of this section, in order to graduate from a public high school accredited by the State Board of Education students shall complete the requirements for a personal financial literacy passport as set forth in the Passport to Financial Literacy Act and any additional course requirements or recommended elective courses as may be established by the State Board of Education and the district school board. School districts shall strongly encourage students to complete two units or sets of competencies of world languages and two units or sets of competencies of physical and health education. 2. No student shall receive credit for high school graduation more than once for completion of the same unit or set of competencies to satisfy the curriculum requirements of this section. 3. A school district shall not be required to offer every course listed in subsections B and D of this section but shall offer sufficient courses to allow a student to meet the graduation requirements during the secondary grade years of the student. M. 1. In addition to the curriculum requirements of either subsection B or D of this section, beginning with ninth graders in the 2021-22 school year, in order to graduate from a public high school accredited by the State Board of Education, students shall pass the United States naturalization test pursuant to the provisions of this subsection. 2. School districts shall offer the United States naturalization test to students at least once per school year, beginning as early as eighth grade at the discretion of the school district; provided, any student may retake the exam upon request, and as often as desired, until earning a passing score. For purposes of this subsection, a passing score shall be 60 out of 100 questions. 3. School districts shall exempt students with disabilities whose individualized education program (IEP), consistent with state law, indicates that the student is to be assessed with alternate achievement standards through the OAAP. N. For purposes of this section: 1. “Contextual methodology” means academic content and skills taught by utilizing real-world problems and projects in a way that helps students understand the application of that knowledge; 2. “Qualified agricultural education courses” means courses that have been determined by the State Board of Education to offer the sets of competencies for one or more science content areas and which correspond to academic science courses. Qualified agricultural education courses shall include, but are not limited to, horticulture, plant and soil science, natural resources and environmental science, and animal science. The courses shall be taught by teachers certified in agricultural education and comply with all rules of the Oklahoma Department of Career and Technology Education; 3. “Rigor” means a level of difficulty that is thorough, exhaustive and accurate and is appropriate for the grade level; 4. “Sets of competencies” means instruction in those skills and competencies that are specified in the subject matter standards adopted by the State Board of Education and other skills and competencies adopted by the Board, without regard to specified instructional time; and 5. “Unit” means a Carnegie Unit as defined by the North Central Association’s Commission on Schools. O. 1. The State Board of Education shall adopt a plan to ensure that rigor is maintained in the content, teaching methodology, level of expectations for student achievement, and application of learning in all the courses taught to meet the graduation requirements as specified in this section. 2. The State Board of Education shall allow as much flexibility at the district level as is possible without diminishing the rigor or undermining the intent of providing these courses. To accomplish this purpose, the State Department of Education shall work with school districts in reviewing and approving courses taught by districts that are not specifically listed in subsections B and D of this section. Options may include, but shall not be limited to, courses taken by concurrent enrollment, advanced placement, or correspondence, or courses bearing different titles. 3. The State Board of Education shall approve an advanced placement computer science course to meet the requirements of course competencies listed in paragraph 2 of subsection B of this section if the course is taken in a student’s senior year and the student is concurrently enrolled in or has successfully completed Algebra II. 4. Technology center school districts may offer programs designed in cooperation with institutions of higher education which have an emphasis on a focused field of career study upon approval of the State Board of Education and the independent district board of education. Students in the tenth grade may be allowed to attend these programs for up to one-half (1/2) of a school day and credit for the units or sets of competencies required in paragraphs 2, 3 and 6 of subsection B or D of this section shall be given if the courses are taught by a teacher certified in the secondary subject area; provided, credit for units or sets of competencies pursuant to subsection B of this section shall be approved for college admission requirements. 5. If a student enrolls in a concurrent course, the school district shall not be responsible for any costs incurred for that course, unless the school district does not offer enough course selection during the student’s secondary grade years to allow the student to receive the courses needed to meet the graduation requirements of this section. If the school district does not offer the necessary course selection during the student’s secondary grade years, it shall be responsible for the cost of resident tuition at an institution in The Oklahoma State System of Higher Education, fees, and books for the concurrent enrollment course, and providing for transportation to and from the institution to the school site. It is the intent of the Legislature that for students enrolled in a concurrent enrollment course which is paid for by the school district pursuant to this paragraph, the institution charge only the supplementary and special service fees that are directly related to the concurrent enrollment course and enrollment procedures for that student. It is further the intent of the Legislature that fees for student activities and student service facilities, including the student health care and cultural and recreational service fees, not be charged to such students. 6. Credit for the units or sets of competencies required in subsection B or D of this section shall be given when such units or sets of competencies are taken prior to ninth grade if the teachers are certified or authorized to teach the subjects for high school credit and the required rigor is maintained. 7. The three units or sets of competencies in mathematics required in subsection B or D of this section shall be completed in the ninth through twelfth grades. If a student completes any required courses or sets of competencies in mathematics prior to ninth grade, the student may take any other mathematics courses or sets of competencies to fulfill the requirement to complete three units or sets of competencies in grades nine through twelve after the student has satisfied the requirements of subsection B or D of this section. 8. All units or sets of competencies required for graduation may be taken in any sequence recommended by the school district. P. As a condition of receiving accreditation from the State Board of Education, all students in grades nine through twelve shall enroll in a minimum of six periods, or the equivalent in block scheduling or other scheduling structure that allows for instruction in sets of competencies, of rigorous academic and/or rigorous vocational courses each day, which may include arts, vocal and instrumental music, speech classes, and physical education classes. Q. 1. Academic and vocational-technical courses designed to offer sets of competencies integrated or embedded within the courses that provide for the teaching and learning of the appropriate skills and knowledge in the subject matter standards, as adopted by the State Board of Education, may, upon approval of the Board, in consultation with the Oklahoma Department of Career and Technology Education if the courses are offered at a technology center school district, be counted for academic credit and toward meeting the graduation requirements of this section. 2. Internet-based courses offered by a technology center school that are taught by a certified teacher and provide for the teaching and learning of the appropriate skills and knowledge in the subject matter standards may, upon approval of the State Board of Education and the independent district board of education, be counted for academic credit and toward meeting the graduation requirements of this section. 3. Internet-based courses or vocational-technical courses utilizing integrated or embedded skills for which no subject matter standards have been adopted by the State Board of Education may be approved by the Board, in consultation with the Oklahoma Department of Career and Technology Education if the courses are offered at a technology center school district, if such courses incorporate standards of nationally recognized professional organizations and are taught by certified teachers. 4. Courses offered by a supplemental education organization that is accredited by a national accrediting body and that are taught by a certified teacher and provide for the teaching and learning of the appropriate skills and knowledge in the subject matter standards may, upon approval of the State Board of Education and the school district board of education, be counted for academic credit and toward meeting the graduation requirements of this section. R. The State Board of Education shall provide an option for high school graduation based upon attainment of the desired levels of competencies as required in tests pursuant to the provisions of Section 1210.508 of this title. Such option shall be in lieu of the amount of course credits earned. S. The State Board of Education shall prescribe, adopt and approve a promotion system based on the attainment by students of specified levels of competencies in each area of the core curriculum. T. Children who have an IEP pursuant to the IDEA, and who satisfy the graduation requirements through the individualized education program for that student shall be awarded a standard diploma. U. Students who enter the ninth grade in or prior to the 2007- 08 school year who are enrolled in an alternative education program and meet the requirements of their plans leading to high school graduation developed pursuant to Section 1210.568 of this title shall be awarded a standard diploma. V. Any student who completes the curriculum requirements of the International Baccalaureate Diploma Program shall be awarded a standard diploma. W. Any student who successfully completes an advanced mathematics or science course offered pursuant to Section 1210.404 of this title shall be granted academic credit toward meeting the graduation requirements pursuant to paragraph 2 or 3, as appropriate, of subsection B or D of this section. X. For purposes of this section, the courses approved for college admission requirements shall be courses which are approved by the Oklahoma State Regents for Higher Education for admission to an institution within The Oklahoma State System of Higher Education. Y. Students who have been denied a standard diploma by the school district in which the student is or was enrolled for failing to meet the requirements of this section may re-enroll in the school district that denied the student a standard diploma following the denial of a standard diploma. The student shall be provided remediation or intervention and the opportunity to complete the curriculum units or sets of competencies required by this section to obtain a standard diploma. Students who re-enroll in the school district to meet the graduation requirements of this section shall be exempt from the hourly instructional requirements of Section 1- 111 of this title and the six-period enrollment requirements of this section. Z. The State Department of Education shall collect and report data by school site and district on the number of students who enroll in the core curriculum as provided in subsection D of this section. Added by Laws 1989, 1st Ex. Sess., c. 2, § 6, emerg. eff. April 25, 1990. Amended by Laws 1990, c. 263, § 67, operative July 1, 1990; Laws 1991, c. 233, § 1, eff. July 1, 1991; Laws 1999, c. 320, § 1, eff. July 1, 1999; Laws 2000, c. 232, § 1, eff. July 1, 2000; Laws 2001, c. 33, § 87, eff. July 1, 2001; Laws 2002, c. 143, § 1; Laws 2002, c. 453, § 4, eff. July 1, 2002; Laws 2004, c. 82, § 1, eff. July 1, 2004; Laws 2005, c. 29, § 2, eff. Nov. 1, 2005; Laws 2005, c. 432, § 7, eff. July 1, 2005; Laws 2006, c. 289, § 2, eff. July 1, 2006; Laws 2007, c. 173, § 3, eff. July 1, 2007; Laws 2013, c. 73, § 1, eff. July 1, 2013; Laws 2014, c. 214, § 1, eff. July 1, 2014; Laws 2014, c. 430, § 2, emerg. eff. June 5, 2014; Laws 2015, c. 54, § 33, emerg. eff. April 10, 2015; Laws 2016, c. 99, § 1, eff. July 1, 2016; Laws 2016, c. 379, § 1, eff. July 1, 2018; Laws 2017, c. 118, § 1, eff. July 1, 2018; Laws 2018, c. 241, § 1, eff. July 1, 2018; Laws 2019, c. 25, § 44, emerg. eff. April 4, 2019; Laws 2021, c. 322, § 1, eff. Nov. 1, 2021; Laws 2022, c. 228, § 51, emerg. eff. May 5, 2022; Laws 2023, c. 9, § 1, eff. July 1, 2023; Laws 2024, c. 452, § 166, emerg. eff. June 14, 2024. NOTE: Laws 2005, c. 80, § 1 repealed by Laws 2005, c. 432, § 15, eff. July 1, 2005. Laws 2014, c. 210, § 1 repealed by Laws 2015, c. 54, § 34, emerg. eff. April 10, 2015. Laws 2018, c. 67, § 1 repealed by Laws 2019, c. 25, § 45, emerg. eff. April 4, 2019. Laws 2021, c. 345, § 4 repealed by Laws 2022, c. 228, § 52, emerg. eff. May 5, 2022. §70-11-103.6v3. State Board of Education - Adoption of subject matter standards - Option for high school graduation - Adoption and approval of promotional system. A. 1. The State Board of Education shall adopt subject matter standards for instruction of students in the public schools of this state that are necessary to ensure there is attainment of desired levels of competencies in a variety of areas to include language, mathematics, science, social studies, communication, and health and physical education. 2. School districts shall develop and implement curriculum, courses and instruction in order to ensure that students meet the skills and competencies as set forth in this section and in the subject matter standards adopted by the State Board of Education. 3. All students shall gain literacy at the elementary and secondary levels. Students shall develop skills in reading, writing, speaking, computing, and critical thinking. For purposes of this section, critical thinking means a manner of analytical thinking which is logical and uses linear factual analysis to reach a conclusion. They shall learn about cultures and environments - their own and those of others with whom they share the earth. All students shall receive the instruction needed to lead healthy and physically active lifestyles. Students, therefore, shall study social studies, literature, languages, the arts, health, mathematics, and science. Such curricula shall provide for the teaching of a hands-on career exploration program in cooperation with technology center schools. 4. The subject matter standards shall be designed to teach the competencies for which students shall be tested as provided in Section 1210.508 of this title and shall be designed to prepare all students for active citizenship, employment, and/or successful completion of postsecondary education without the need for remedial coursework at the postsecondary level. 5. The subject matter standards shall be designed with rigor as defined in paragraph 6 of subsection F of this section. 6. The subject matter standards for English Language Arts shall give Classic Literature and nonfiction literature equal consideration to other literature. In addition, emphasis shall be given to the study of complete works of literature. 7. At a minimum, the subject matter standards for mathematics shall require mastery of the standard algorithms in mathematics, which is the most logical, efficient way of solving a problem that consistently works, and for students to attain fluency in Euclidian geometry. 8. The subject matter standards for history, social studies, and United States Government shall include the content of the United States naturalization test, with an emphasis on the specific content of the test and the ideas and concepts it references. The United States naturalization test shall be made available in physical and electronic online formats as an optional assessment tool for teachers. 9. The subject matter standards for United States Government shall include an emphasis on civics. For the purposes of this section, "civics" means the study of the rights and duties of Oklahoma and United States citizens and of how those governments work. 10. The subject matter standards for health and physical education shall include but not be limited to the domains of physical, emotional, social, and intellectual health. Health literacy shall include the ability to obtain, process, and understand basic health information and services needed to make appropriate health decisions. Health shall also include the importance of proper nutrition and exercise, mental health and wellness, substance abuse, coping skills for understanding and managing trauma, establishing and maintaining positive relationships, and responsible decision making. Physical literacy shall include the ability to move with competence and confidence in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person. B. Subject to the provisions of subsection C or subsection D of this section, in order to graduate from a public high school accredited by the State Board of Education with a standard diploma, students enrolled in grades eight through twelve in the 2024-2025 school year shall complete the following college preparatory/work ready curriculum units or sets of competencies at the secondary level: 1. Four units or sets of competencies of English to include Grammar, Composition, Literature, or any English course approved for college admission requirements; 2. Three units or sets of competencies of mathematics, limited to Algebra I, Algebra II, Geometry, Trigonometry, Math Analysis, Calculus, Advanced Placement Statistics, or any mathematics course with content and/or rigor above Algebra I and approved for college admission requirements; 3. Three units or sets of competencies of laboratory science approved for college admission requirements including one unit or set of competencies of life science meeting the standards for Biology I; one unit or set of competencies of physical science meeting the standards for Physical Science, Chemistry, or Physics; and one unit or set of competencies from the domains of physical science, life science, or earth and space science such that the content and rigor is above Biology I or Physical Science; 4. Three units or sets of competencies of history and citizenship skills including one unit of American History, 1/2 unit of Oklahoma History, 1/2 unit of United States Government, and one unit from the subjects of History, Government, Geography, Economics, Civics, or non-Western culture and approved for college admission requirements; 5. Two units or sets of competencies of the same world or non- English language or two units of computer technology approved for college admission requirements, whether taught at a high school or a technology center school including computer programming, hardware, and business computer applications, such as word processing, databases, spreadsheets, and graphics, excluding keyboarding or typing courses; 6. One additional unit or set of competencies selected from paragraphs 1 through 5 of this subsection or career and technology education courses, concurrently enrolled courses, advanced placement courses, or International Baccalaureate courses approved for college admission requirements; and 7. One unit or set of competencies of fine arts, such as music, art, or drama, or one unit or set of competencies of speech. C. In lieu of the requirements of subsection B or subsection D of this section which requires a college preparatory/work ready curriculum, a student enrolled in grades eight through twelve in the 2024-2025 school year may enroll in the core curriculum as provided in this subsection upon written approval of the parent or legal guardian of the student. For students under the age of eighteen (18) school districts shall require a parent or legal guardian of the student to meet with a designee of the school prior to enrollment in the core curriculum. The State Department of Education shall develop and distribute to school districts a form suitable for this purpose, which shall include information on the benefits to students of completing the college preparatory/work ready curriculum as provided for in subsection B of this section. In order to graduate from a public high school accredited by the State Board of Education with a standard diploma, students enrolled in grades eight through twelve in the 2024-2025 school year shall complete the following core curriculum units or sets of competencies at the secondary level: 1. Language Arts - 4 units or sets of competencies to consist of 1 unit or set of competencies of grammar and composition, and 3 units or sets of competencies which may include, but are not limited to, the following courses: a. American Literature, b. English Literature, c. World Literature, d. Advanced English Courses, or e. other English courses with content and/or rigor equal to or above grammar and composition; 2. Mathematics - 3 units or sets of competencies to consist of 1 unit or set of competencies of Algebra I or Algebra I taught in a contextual methodology, and 2 units or sets of competencies which may include, but are not limited to, the following courses: a. Algebra II, b. Geometry or Geometry taught in a contextual methodology, c. Trigonometry, d. Math Analysis or Precalculus, e. Calculus, f. Statistics and/or Probability, g. Computer Science or acceptance and successful completion of one (1) year of a full-time, three-hour career and technology program leading to an industry credential/certificate or college credit. The State Board of Career and Technology Education shall promulgate rules to define the provisions of this section related to the accepted industry-valued credentials which are industry-endorsed or industry- aligned. The list of accepted industry-valued credentials shall be reviewed annually and updated at least every three (3) years by the Board, h. (1) contextual mathematics courses which enhance technology preparation, or (2) a science, technology, engineering, and math (STEM) block course meeting the requirements for course competencies listed in paragraph 2 of subsection B of this section, whether taught at a: (a) comprehensive high school, or (b) technology center school when taken in the tenth, eleventh, or twelfth grade, taught by a certified teacher, and approved by the State Board of Education and the independent district board of education, i. mathematics courses taught at a technology center school by a teacher certified in the secondary subject area when taken in the tenth, eleventh, or twelfth grade upon approval of the State Board of Education and the independent district board of education, or j. any other mathematics course with content and/or rigor equal to or above Algebra I; 3. Science - 3 units or sets of competencies to consist of 1 unit or set of competencies of Biology I or Biology I taught in a contextual methodology, and 2 units or sets of competencies in the areas of life, physical, or earth science or technology which may include, but are not limited to, the following courses: a. Chemistry I, b. Physics, c. Biology II, d. Chemistry II, e. Physical Science, f. Earth Science, g. Botany, h. Zoology, i. Physiology, j. Astronomy, k. Applied Biology/Chemistry, l. Applied Physics, m. Principles of Technology, n. qualified agricultural education courses, o. (1) contextual science courses which enhance technology preparation, or (2) a science, technology, engineering, and math (STEM) block course meeting the requirements for course competencies listed in paragraph 3 of subsection B of this section, whether taught at a: (a) comprehensive high school, or (b) technology center school when taken in the tenth, eleventh, or twelfth grade, taught by a certified teacher, and approved by the State Board of Education and the independent district board of education, p. science courses taught at a technology center school by a teacher certified in the secondary subject area when taken in the tenth, eleventh, or twelfth grade upon approval of the State Board of Education and the independent district board of education, or q. other science courses with content and/or rigor equal to or above Biology I; 4. Social Studies - 3 units or sets of competencies to consist of 1 unit or set of competencies of United States History, 1/2 to 1 unit or set of competencies of United States Government, 1/2 unit or set of competencies of Oklahoma History, and 1/2 to 1 unit or set of competencies which may include, but are not limited to, the following courses: a. World History, b. Geography, c. Economics, d. Anthropology, or e. other social studies courses with content and/or rigor equal to or above United States History, United States Government, and Oklahoma History; 5. Arts - 1 unit or set of competencies which may include, but is not limited to, courses in Visual Arts and General Music; and 6. Computer Education or World Language - 1 unit or set of competencies of computer technology, whether taught at a high school or a technology center school including computer programming, hardware, and business computer applications, such as word processing, databases, spreadsheets, and graphics, excluding keyboarding or typing courses, or 1 unit or set of competencies of world or non-English language. D. Beginning with the 2024-2025 school year, students whose parent or legal guardian approve modification of the existing graduation track as outlined in subsections B and C of this section, subject to school approval, may complete a minimum of twenty-three (23) curriculum units or sets of competencies at the secondary level as listed below; and students entering the eighth grade in the 2025- 2026 school year, in order to graduate from a public high school accredited by the State Board of Education with a standard diploma, students shall complete a minimum of the following twenty-three (23) curriculum units or sets of competencies at the secondary level: 1. Four units or sets of competencies of English to include Grammar, Composition, Literature, or any English course; 2. Four units or sets of competencies of mathematics, two of which shall be Algebra I and either Algebra II or Geometry. The other two units may include Algebra II, Geometry, Trigonometry, Math Analysis, Calculus, Statistics, Math of Finance, Computer Science, college courses approved for dual credit, an approved full-time postsecondary career and technology program, or locally approved math based application course, or any mathematics course with content and/or rigor above Algebra I; 3. Three units or sets of competencies of laboratory science approved for college admission requirements including one unit or set of competencies of life science meeting the standards for Biology I; one unit or set of competencies of physical science meeting the standards for Physical Science, Chemistry, or Physics; and one unit or set of competencies from the domains of physical science, life science, or earth and space science, or approved full- time postsecondary career and technology program or locally approved science based application course, or any science course with content and/or rigor above Biology I or Physical Science; 4. Three units or sets of competencies of history and citizenship skills including one unit of American History, 1/2 unit of Oklahoma History, 1/2 unit of United States Government, and one unit from the subjects of History, Government, Geography, Economics, Civics, or non-Western culture; 5. Six pathway units or sets of competencies approved at the discretion of the school district board of education which align with each student's Individual Career and Academic Plan (ICAP) and may include, but are not limited to, any additional units or sets of competencies as provided in paragraphs 1 through 4 of this subsection, world or non-English language, computer technology, Junior Reserve Officers' Training Corps (JROTC), internship or apprenticeship programs, career and technology education courses, concurrently enrolled courses, advanced placement courses, International Baccalaureate courses approved for college admission requirements, music, art, drama, speech, dance, media arts, or other approved courses; and 6. Three units or sets of competencies of elective courses approved by the school district board of education. E. A school district shall determine the specific description of the locally approved math and science based application courses allowed pursuant to paragraphs 2 and 3 of subsection D of this section. Formal notification with the specific course description shall be provided to the State Department of Education prior to July 1 of each school year. The notification shall include what courses will be coded as locally approved math and science based application courses for the ensuing school year. F. 1. In addition to the curriculum requirements of subsection B, C, or D of this section, in order to graduate from a public high school accredited by the State Board of Education students shall complete the requirements for a personal financial literacy passport as set forth in the Passport to Financial Literacy Act and any additional course requirements or recommended elective courses as may be established by the State Board of Education and the district school board. School districts shall strongly encourage students to complete two units or sets of competencies of world languages and two units or sets of competencies of physical and health education. 2. No student shall receive credit for high school graduation more than once for completion of the same unit or set of competencies to satisfy the curriculum requirements of this section. 3. A school district shall not be required to offer every course listed in subsections B, C, and D of this section but shall offer sufficient courses to allow a student to meet the graduation requirements during the secondary grade years of the student. G. For purposes of this section: 1. "Contextual methodology" means academic content and skills taught by utilizing real-world problems and projects in a way that helps students understand the application of that knowledge; 2. "Locally approved" means approved by the local school district board of education; 3. "Math based application course" means a course that teaches math content within a real-world application; 4. "Pathway unit" means a course taken by a high school student that is aligned with the student's current Individualized Career and Academic Plan (ICAP); 5. "Qualified agricultural education courses" means courses that have been determined by the State Board of Education to offer the sets of competencies for one or more science content areas and which correspond to academic science courses. Qualified agricultural education courses shall include, but are not limited to, horticulture, plant and soil science, natural resources and environmental science, and animal science. The courses shall be taught by teachers certified in agricultural education and comply with all rules of the Oklahoma Department of Career and Technology Education; 6. "Rigor" means a level of difficulty that is thorough, exhaustive and accurate and is appropriate for the grade level; 7. "Science based application course" means a course that teaches science content within a real-world application; 8. "Sets of competencies" means instruction in those skills and competencies that are specified in the subject matter standards adopted by the State Board of Education and other skills and competencies adopted by the Board, without regard to specified instructional time; and 9. "Unit" means a Carnegie Unit as defined by the North Central Association's Commission on Schools. H. 1. The State Board of Education, State Board of Career and Technology Education, and State Regents for Higher Education shall adopt a joint plan and electronically submit it to the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma State Senate by January 1, 2025, to ensure that rigor is maintained in the content, teaching methodology, level of expectations for student achievement, and application of learning in all the courses taught to meet the graduation requirements specified in subsection D of this section. 2. The State Board of Education shall allow as much flexibility at the district level as is possible without diminishing the rigor or undermining the intent of providing these courses. To accomplish this purpose, the State Department of Education shall work with school districts in reviewing and approving courses taught by districts that are not specifically listed in subsections B, C, and D of this section. Options may include, but shall not be limited to, courses taken by concurrent enrollment, advanced placement, or correspondence, or courses bearing different titles. 3. Technology center school districts may offer programs designed in cooperation with institutions of higher education. Students in the tenth grade may be allowed to attend these programs for up to one-half (1/2) of a school day and credit for the units or sets of competencies required in paragraphs 2, 3, and 6 of subsection B or C and paragraphs 2 and 3 of subsection D of this section shall be given if the courses are taught by a teacher certified in the secondary subject area; provided, credit for units or sets of competencies pursuant to subsection B of this section shall be approved for college admission requirements. 4. If a student enrolls in a concurrent course, the school district shall not be responsible for any costs incurred for that course, unless the school district does not offer enough course selection during the student's secondary grade years to allow the student to receive the courses needed to meet the graduation requirements of this section. If the school district does not offer the necessary course selection during the student's secondary grade years, it shall be responsible for the cost of resident tuition at an institution in The Oklahoma State System of Higher Education, fees, and books for the concurrent enrollment course, and providing for transportation to and from the institution to the school site. It is the intent of the Legislature that for students enrolled in a concurrent enrollment course which is paid for by the school district pursuant to this paragraph, the institution charge only the supplementary and special service fees that are directly related to the concurrent enrollment course and enrollment procedures for that student. It is further the intent of the Legislature that fees for student activities and student service facilities including the student health care and cultural and recreational service fees not be charged to such students. 5. Credit for the units or sets of competencies required in subsection B, C, or D of this section shall be given when such units or sets of competencies are taken prior to ninth grade if the teachers are certified or authorized to teach the subjects for high school credit and the required rigor is maintained. 6. The units or sets of competencies in mathematics required in subsection B, C, or D of this section may be completed at any time during the eighth through twelfth grades. If a student completes any required courses or sets of competencies in mathematics prior to eighth grade, the student may take any other mathematics courses or sets of competencies to fulfill the requirement to complete the units or sets of competencies in grades eight through twelve after the student has satisfied the requirements of subsection B, C, or D of this section. 7. All units or sets of competencies required for graduation may be taken in any sequence recommended by the school district. I. As a condition of receiving accreditation from the State Board of Education, all students in grades nine through twelve shall enroll in a minimum of six periods, or the equivalent in block scheduling or other scheduling structure that allows for instruction in sets of competencies, of rigorous academic and/or rigorous vocational courses each day, which may include arts, vocal and instrumental music, speech classes, and physical education classes. J. 1. Academic and vocational-technical courses designed to offer sets of competencies integrated or embedded within the course that provide for the teaching and learning of the appropriate skills and knowledge in the subject matter standards, as adopted by the State Board of Education, may upon approval of the Board, in consultation with the Oklahoma Department of Career and Technology Education if the courses are offered at a technology center school district, be counted for academic credit and toward meeting the graduation requirements of this section. 2. Internet-based courses offered by a technology center school that are taught by a certified teacher and provide for the teaching and learning of the appropriate skills and knowledge in the subject matter standards may, upon approval of the State Board of Education and the independent district board of education, be counted for academic credit and toward meeting the graduation requirements of this section. 3. Internet-based courses or vocational-technical courses utilizing integrated or embedded skills for which no subject matter standards have been adopted by the State Board of Education may be approved by the Board, in consultation with the Oklahoma Department of Career and Technology Education if the courses are offered by a technology center school district, if such courses incorporate standards of nationally recognized professional organizations and are taught by certified teachers. 4. Courses offered by a supplemental education organization that is accredited by a national accrediting body and that are taught by a certified teacher and provide for the teaching and learning of the appropriate skills and knowledge in the subject matter standards may, upon approval of the State Board of Education and the school district board of education, be counted for academic credit and toward meeting the graduation requirements of this section. K. The State Board of Education shall provide an option for high school graduation based upon attainment of the desired levels of competencies as required in tests pursuant to the provisions of Section 1210.508 of this title. Such option shall be in lieu of the amount of course credits earned. L. The State Board of Education shall prescribe, adopt and approve a promotion system based on the attainment by students of specified levels of competencies in each area of the core curriculum. M. Children who have individualized education programs pursuant to the Individuals with Disabilities Education Act (IDEA), and who satisfy the graduation requirements through the individualized education program for that student shall be awarded a standard diploma. N. Any student who completes the curriculum requirements of the International Baccalaureate Diploma Program shall be awarded a standard diploma. O. Any student who successfully completes an advanced mathematics or science course offered pursuant to Section 1210.404 of this title shall be granted academic credit toward meeting the graduation requirements pursuant to paragraph 2 or 3, as appropriate, of subsection B, C, or D of this section. P. For purposes of this section, the courses approved for college admission requirements shall be courses which are approved by the Oklahoma State Regents for Higher Education for admission to an institution within The Oklahoma State System of Higher Education. Q. Students who have been denied a standard diploma by the school district in which the student is or was enrolled for failing to meet the requirements of this section may re-enroll in the school district that denied the student a standard diploma following the denial of a standard diploma. The student shall be provided remediation or intervention and the opportunity to complete the curriculum units or sets of competencies required by this section to obtain a standard diploma. Students who re-enroll in the school district to meet the graduation requirements of this section shall be exempt from the hourly instructional requirements of Section 1- 111 of this title and the six-period enrollment requirements of this section. Added by Laws 1989, 1st Ex. Sess., c. 2, § 6, emerg. eff. April 25, 1990. Amended by Laws 1990, c. 263, § 67, operative July 1, 1990; Laws 1991, c. 233, § 1, eff. July 1, 1991; Laws 1999, c. 320, § 1, eff. July 1, 1999; Laws 2000, c. 232, § 1, eff. July 1, 2000; Laws 2001, c. 33, § 87, eff. July 1, 2001; Laws 2002, c. 143, § 1; Laws 2002, c. 453, § 4, eff. July 1, 2002; Laws 2004, c. 82, § 1, eff. July 1, 2004; Laws 2005, c. 29, § 2, eff. Nov. 1, 2005; Laws 2005, c. 432, § 7, eff. July 1, 2005; Laws 2006, c. 289, § 2, eff. July 1, 2006; Laws 2007, c. 173, § 3, eff. July 1, 2007; Laws 2013, c. 73, § 1, eff. July 1, 2013; Laws 2014, c. 214, § 1, eff. July 1, 2014; Laws 2014, c. 430, § 2, emerg. eff. June 5, 2014; Laws 2015, c. 54, § 33, emerg. eff. April 10, 2015; Laws 2016, c. 99, § 1, eff. July 1, 2016; Laws 2016, c. 379, § 1, eff. July 1, 2018; Laws 2017, c. 118, § 1, eff. July 1, 2018; Laws 2018, c. 241, § 1, eff. July 1, 2018; Laws 2019, c. 25, § 44, emerg. eff. April 4, 2019; Laws 2021, c. 345, § 4, eff. July 1, 2021; Laws 2022, c. 122, § 1, eff. July 1, 2022; Laws 2024, c. 304, § 1, emerg. eff. May 15, 2024; Laws 2024, c. 384, § 1, emerg. eff. June 14, 2024. NOTE: Laws 2005, c. 80, § 1 repealed by Laws 2005, c. 432, § 15, eff. July 1, 2005. Laws 2014, c. 210, § 1 repealed by Laws 2015, c. 54, § 34, emerg. eff. April 10, 2015. Laws 2018, c. 67, § 1 repealed by Laws 2019, c. 25, § 45, emerg. eff. April 4, 2019. Laws 2021, c. 345, § 4 repealed by Laws 2022, c. 228, § 52, emerg. eff. May 5, 2022. NOTE: This section was purportedly repealed by Laws 2022, c. 228, § 52, emerg. eff. May 5, 2022. NOTE: Laws 2022, c. 122, § 1 was purportedly repealed by Laws 2024, c. 452, § 167 but without reference to Laws 2024, c. 304, § 1 and Laws 2024, c. 384, § 1, which amended it. §70-11-103.7. Early childhood education programs - Standards. A. Each school district may offer to four-year-old children the opportunity to participate in an early childhood education program. B. The State Board of Education shall promulgate standards for early childhood education programs for children who are at least four (4) years of age on or before September 1 of the ensuing school year. The standards shall include both half-day programs consisting of not less than two and one-half (2 1/2) hours per school day, and full-day programs of six (6) hours. The standards for all early childhood education programs shall require a certified teacher, as specified in this section, to be present in the classroom for the length of the school day. Such program shall: 1. Be directed toward developmentally appropriate objectives for such children, rather than toward academic objectives suitable for older children; 2. Accommodate the needs of all children and families regardless of socioeconomic circumstances; and 3. Require that any teacher employed by a public school to teach in such early childhood education program shall be certified in early childhood education. C. The superintendent of any school district providing classroom space or other school facilities for a federally sponsored Head Start program that is planning to make a material change in the arrangement, shall give notice to the director of the Head Start program at least seven (7) days prior to a school board hearing on the matter. D. A school district may offer such early childhood education program within the district, in cooperation with other districts, through the use of transfers as specified by law, or by contracting with a private or public provider of early childhood education programs, or by contracting for classroom space with a licensed public or private child care provider based upon selection criteria established by the district. If the program is provided through contract with a private or public provider other than a school district, the contract may only be continued if each teacher serving the school on and after January 1, 1993, is certified in early childhood education, except that all teachers, without such certification, hired by such provider prior to January 1, 1993, and serving in the school as an early childhood education teacher shall be required to obtain certification on or before the beginning of the 1996-97 school year. Any person who has been employed as an early childhood educator with the Head Start Program, has a child development associate degree (CDA) and has at least five (5) years of experience in such employment shall be certified in early childhood education for purposes of employment in the public schools of this state to teach in early childhood education for children four (4) years of age and younger; if such person is recertified in child development by the Council for Early Childhood Professional Recognition within five (5) years prior to the expiration of the person's early childhood certificate that was issued by the State Board of Education, such person shall be granted a renewal certificate in early childhood education by the State Board of Education upon expiration of the early childhood certificate. Provided, private or public providers shall meet such other standards required by law and by the State Board of Education. E. If an early childhood program is provided by a private or public provider pursuant to a contract as authorized in this section, the contract shall address the requirements for implementing the induction program as required in Section 6-195 of this title. Teachers employed by a private or public provider in an early childhood education program provided through contract with a public school district shall receive in salary and/or fringe benefits amounts not less than the amounts specified in the schedule set forth in Section 18-114.14 of this title. F. The State Board of Education shall promulgate rules to provide for the implementation of such program. G. An early childhood education program may be offered jointly by school districts that have formed interlocal cooperative agreements pursuant to Section 5-117b of this title. H. The term "prekindergarten" shall mean early childhood education for purposes of this title. I. The State Board of Education shall ensure that the standards for early childhood education are aligned with any new subject matter standards adopted pursuant to Section 11-103.6a of this title. Added by Laws 1989, c. 335, § 3, eff. July 1, 1989. Amended by Laws 1989, 1st Ex. Sess., c. 2, § 16, emerg. eff. April 25, 1990; Laws 1990, c. 263, § 68, operative July 1, 1990; Laws 1991, c. 67, § 6, emerg. eff. April 12, 1991; Laws 1994, c. 205, § 2, eff. Sept. 1, 1994; Laws 1998, c. 204, § 2, eff. July 1, 1998; Laws 1999, c. 355, § 2, eff. July 1, 1999; Laws 2001, c. 403, § 2, eff. July 1, 2001; Laws 2015, c. 217, § 3, eff. Nov. 1, 2015; Laws 2018, c. 165, § 5, eff. Nov. 1, 2018. §70-11-103.8. Teaching of ebonics as credit course prohibited. Ebonics shall not be recognized as a language art and shall not be taught as a course or class in the public schools of the state for which a student receives credit or which is counted towards fulfilling graduation requirements. For purposes of this section, "Ebonics" means an Africanized form of English reflecting Black Americans' linguistic-cultural ties to their African heritage. Ebonics may also be known as Black English or Black dialect. Added by Laws 1997, c. 86, § 1, emerg. eff. April 11, 1997. §70-11-103.9. Physical education programs required for accreditation. A. Except as otherwise provided for in this section, the State Board of Education shall require, as a condition of accreditation, that school districts provide to all students physical education programs which may include athletics. B. The Board shall require, as a condition of accreditation, that public elementary schools provide instruction, for students in full-day kindergarten and grades one through five, in physical education or exercise programs for a minimum of an average of sixty (60) minutes each week. The time students participate in recess shall not be counted toward the sixty-minutes-per-week physical education requirement. Schools may exclude from participation in the physical education or exercise programs required in this subsection those students who have been placed into an in-house suspension or detention class or placement or those students who are under an in-school restriction or are subject to an administrative disciplinary action. C. The Board shall require, as a condition of accreditation, that public elementary schools provide to students in full-day kindergarten and grades one through five, in addition to the requirements set forth in subsection B of this section, an average of sixty (60) minutes each week of physical activity, which may include, but not be limited to, physical education, exercise programs, fitness breaks, recess, and classroom activities, and wellness and nutrition education. Each school district board of education shall determine the specific activities and means of compliance with the provisions of this subsection, giving consideration to the recommendations of each school's Healthy and Fit School Advisory Committee as submitted to the school principal pursuant to the provisions of Section 24-100a of this title. D. The Board shall disseminate information to each school district on the benefits of physical education programs and shall strongly encourage districts to provide physical education instruction to students in grades six through twelve. The Board shall also strongly encourage school districts to incorporate physical activity into the school day by providing to students in full-day kindergarten and grades one through five at least a twenty- minute daily recess, which shall be in addition to the sixty (60) minutes of physical education as required by subsection B of this section, and by allowing all students brief physical activity breaks throughout the day, physical activity clubs, and special events. E. Instruction in physical education required in this section shall be aligned with the subject matter standards as adopted by the Board. F. The physical education curriculum shall be sequential, developmentally appropriate, and designed, implemented, and evaluated to enable students to develop the motor and self- management skills and knowledge necessary to participate in physical activity throughout life. Each school district shall establish specific objectives and goals the district intends to accomplish through the physical education curriculum. G. In identifying the essential knowledge and skills, the State Board of Education shall ensure that the subject matter standards for physical education: 1. Emphasize the knowledge and skills capable of being used during a lifetime of regular physical activity; 2. Are consistent with national physical education standards for: a. the information that students should learn about physical activity, and b. the physical activities that students should be able to perform; 3. Require that, on a weekly basis, at least fifty percent (50%) of the physical education class be used for actual student physical activity and that the activity be, to the extent practicable, at a moderate or vigorous level; 4. Offer students an opportunity to choose among many types of physical activity in which to participate; 5. Offer students both cooperative and competitive games; 6. Meet the needs of students of all physical ability levels, including students who have a disability, chronic health problem, or other special need that precludes the student from participating in regular physical education instruction but who might be able to participate in physical education that is suitably adapted and, if applicable, included in the student's individualized education program; 7. Teach self-management and movement skills; 8. Teach cooperation, fair play, and responsible participation in physical activity; 9. Promote student participation in physical activity outside of school; and 10. Allow physical education classes to be an enjoyable experience for students. H. The Board shall adopt rules to implement the provisions of this section. Added by Laws 2005, c. 29, § 1, eff. Nov. 1, 2005. Amended by Laws 2007, c. 258, § 1, eff. July 1, 2007; Laws 2008, c. 117, § 1; Laws 2009, c. 83, § 1, eff. July 1, 2009; Laws 2010, c. 339, § 1, eff. Nov. 1, 2010; Laws 2014, c. 430, § 5, emerg. eff. June 5, 2014; Laws 2019, c. 50, § 1, eff. July 1, 2019. §70-11-103.9a. Oklahoma Kids Fitness Challenge Act. A. This act shall be known and may be cited as the “Oklahoma Kids Fitness Challenge Act”. B. The State Board of Education shall establish a physical activity program for public school students in the fifth grade, which each school district may elect to implement for the fifth- grade students in that district. The program shall incorporate the fitness challenges adopted by the Presidents Council on Physical Fitness and Sports and may include the following activities: 1. Twenty-five sit-ups in two (2) minutes a minimum of three times per week every week during the school year; or 2. Walk a minimum of twenty-five (25) miles per week every week during the school year. C. The physical activity program established by the State Board of Education shall also incorporate a “Walk Across Oklahoma” activity plan for school districts. The plan shall establish routes that challenge students to complete virtual walks across the state and at the same time learn facts, geography, and history about various locations in the state. The Board shall work with the Oklahoma Tourism and Recreation Department and the Oklahoma Historical Society in developing the activity plan. The Board shall provide to school districts: 1. Information about public and private resources and options available to school districts to provide pedometers or step-counters to students; 2. Resources for teachers, that shall be available on the State Department of Education web site, which includes, but is not limited to: a. information about using a pedometer or step-counters, b. materials to incorporate the use of pedometers or step-counters into course curriculum, c. materials and sources of information relating to facts, geography, and history of the state, d. information about recreational areas in the state, and e. recreation and health education information; and 3. Ideas of ways to involve parents and guardians in the activity. D. Each school district shall provide exceptions to the physical activity program implemented by the district for students who are unable to comply due to physical limitations. Added by Laws 2005, c. 98, § 1, eff. July 1, 2005. NOTE: Editorially renumbered from § 11-103.9 of this title to avoid duplication in numbering. §70-11-103.9b. Short title - Maria's Law - Mental health curriculum. A. This section shall be known and may be cited as "Maria's Law". B. Beginning with the 2022-2023 school year, the State Board of Education shall require that all schools, as part of any health education curriculum, include instruction in mental health, with an emphasis on the interrelation of physical and mental well-being. C. In consultation with the Department of Mental Health and Substance Abuse Services, the Board shall revise the Oklahoma Academic Standards for Health and Physical Education to include a focus on mental health and develop a list of age-appropriate resources for students in grades kindergarten through twelve. The standards and resources shall be available on the website of the State Department of Education. D. School districts may enter into agreements with nonprofit entities and other community partners to assist with or to provide mental health education to students pursuant to this section if the nonprofits and community partners are approved by the State Department of Education and the Department of Mental Health and Substance Abuse Services. E. The Board shall promulgate rules to implement the provisions of this section. Added by Laws 2021, c. 413, § 1, eff. Nov. 1, 2021. §70-11-103.10. Program materials relating to environmental issues and policies. The State Department of Education may make program materials concerning environmental issues and policies, provided by the Department of Environmental Quality, available to the public schools of this state. Added by Laws 1991, c. 340, § 4, eff. July 1, 1991. Amended by Laws 1993, c. 145, § 355, eff. July 1, 1993. §70-11-103.11. Elective course offering on Old and New Testament. A. A school district may offer to students in grade nine or above: 1. An elective course on the Hebrew Scriptures (Old Testament) and its impact and an elective course on the New Testament and its impact; or 2. An elective course that combines the courses described in paragraph 1 of this subsection. B. The purposes of courses authorized by this section are to: 1. Teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy; and 2. Familiarize students with, as applicable: a. the contents of the Hebrew Scriptures or New Testament, b. the history of the Hebrew Scriptures or New Testament, c. the literary style and structure of the Hebrew Scriptures or New Testament, and d. the influence of the Hebrew Scriptures or New Testament on law, history, government, literature, art, music, customs, morals, values, and culture. C. The Bible shall be the primary text of the course and may be supplemented with additional resources. The primary text for the course will be a parallel translation Bible or multi-translation Bible that uses more than one translation for side-by-side comparison chosen by the school district. However, a student may not be required to use a specific translation as the sole text of the Hebrew Scriptures or New Testament and may use as the basic textbook a different translation of the Hebrew Scriptures or New Testament from that chosen by the district board of education or the student’s teacher. D. A course offered pursuant to this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in the school district. A course offered pursuant to this section shall not endorse, favor, or promote, or disfavor or show hostility toward, any particular religion or nonreligious faith or religious perspective. Nothing in this section is intended to violate any provision of the United States Constitution or federal law, the Oklahoma Constitution or any state law, or any rules or guidelines provided by the United States Department of Education or the State Department of Education. E. A teacher of a course offered pursuant to this section must be certified to teach social studies or literature. Added by Laws 2010, c. 227, § 1, eff. Nov. 1, 2010. §70-11-103.12. Short title - Health Education Act. A. Sections 1 through 3 of this act shall be known and may be cited as the "Health Education Act". B. The purpose of this act is to: 1. Ensure students receive instruction in health, particularly at an early age when habits are formed; 2. Support the health and well-being of children that have been affected by traumatic experiences; 3. Improve academic outcomes for students; and 4. Improve the overall health outcomes of Oklahoma's population. C. The State Board of Education may promulgate rules to implement the provisions of this act. Added by Laws 2021, c. 345, § 1, eff. July 1, 2021. §70-11-103.13. Health education in public schools. A. Health education shall be taught in the public schools of this state. Health education shall include but is not limited to physical health, mental health, social and emotional health and intellectual health. B. By the 2022-2023 school year, the State Department of Education shall: 1. Develop a micro-credential for teachers who are assigned the responsibility of teaching health education; and 2. Develop professional development programs that are designed to help teachers provide instruction in health education and incorporate the curriculum into existing coursework and instruction where appropriate. The professional development provided as part of this act shall not be construed to be in addition to existing professional development requirements. C. By the 2023-2024 school year, school districts shall provide instruction addressing all health education subject matter standards, as adopted by the State Board of Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma Statutes. Health education may be integrated into one or more existing subjects or provided as an addition to existing coursework. D. Teachers assigned to teach health education as a stand-alone course shall be certified in physical and health education. The State Department of Education is authorized to issue a provisional certificate, valid for not more than two (2) years, to individuals assigned to teach a stand-alone health education course in order to afford the individual the opportunity to obtain certification in physical and health education. E. The State Textbook Committee shall include a review of health and physical education instructional materials as part of its textbook review and adoption cycle. Added by Laws 2021, c. 345, § 2, eff. July 1, 2021. §70-11-103.14. Health Education Revolving Fund. There is hereby created in the State Treasury a revolving fund for the State Department of Education to be designated the "Health Education Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Department of Education from appropriations, gifts, donations and bequests. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Education for the purpose set forth in this act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. Added by Laws 2021, c. 345, § 3, eff. July 1, 2021. §70-11-103.15. Elective course in law enforcement. A. A school district may offer to students in grades eleven and twelve an elective course in law enforcement. B. The law enforcement elective course shall include, at a minimum: 1. A general introduction to law enforcement training; 2. Critical skills and entry requirements for law enforcement professionals; and 3. Career opportunities in law enforcement. C. The State Board of Education may coordinate with the Council on Law Enforcement Education and Training to develop instructional materials and curricula for school districts to use in the law enforcement elective course. The Board may promulgate rules to implement the provisions of this section. Added by Laws 2023, c. 175, § 1, eff. Nov. 1, 2023. §70-11-103.16. Cursive handwriting instruction for third through fifth grades. Beginning in the 2024-2025 school year, each school district and charter school shall provide instruction in cursive handwriting for students in the third through fifth grades. The instruction shall be designed to enable students to demonstrate competency in reading cursive and legibly writing in cursive by the end of fifth grade. Added by Laws 2024, c. 50, § 1, eff. July 1, 2024. §70-11-104. Military and athletic training - Assistance. The board of education of any school district is hereby authorized to provide for military training, athletic training and physical examination of pupils in such district, and is hereby authorized to accept assistance from the United States Secretary of Defense and National Department of Defense or any branch thereof or from any other federal agency or from the Oklahoma National Guard, for the purpose of military drill and training. Added by Laws 1971, c. 281, § 11-104, eff. July 2, 1971. §70-11-105. Use of military equipment in school districts. The governing board of each state educational institution and of each school district in the State of Oklahoma shall have authority to enter into contracts for the use of property and equipment for military training purposes, and shall have authority to give, or cause to be given, bonds or other security as may be required by federal law or regulations of the Secretary of the Army, Navy or Air Force, or other federal officer or agency, for the care and safekeeping of such property and equipment, or for similar purposes; and shall also have authority to make reimbursement for such property and equipment. The cost of such bonds, security and reimbursements shall be paid from funds available for the operation of such institution or school district. Added by Laws 1971, c. 281, § 11-105, eff. July 2, 1971. §70-11-105.1. Sex education - Approval of curriculum and materials. A. All curriculum and materials including supplementary materials which will be used to teach or will be used for or in connection with a sex education class or program which is designed for the exclusive purpose of discussing sexual behavior or attitudes, or any test, survey or questionnaire whose primary purpose is to elicit responses on sexual behavior or attitudes shall be available through the superintendent or a designee of the school district for inspection by parents and guardians of the student who will be involved with the class, program or test, survey or questionnaire. Such curriculum, materials, classes, programs, tests, surveys or questionnaires shall include information about consent and shall have as one of its primary purposes the teaching of or informing students about the practice of abstinence. For the purposes of this section, "consent" shall have the same meaning as that provided by Section 113 of Title 21 of the Oklahoma Statutes. The superintendent or a designee of the school district shall provide prior written notification to the parents or guardians of the students involved of their right to inspect the curriculum and material and of their obligation to notify the school in writing if they do not want their child to participate in the class, program, test, survey or questionnaire. Each local board of education shall determine the means of providing written notification to the parents and guardian which will ensure effective notice in an efficient and appropriate manner. No student shall be required to participate in a sex education class or program which discusses sexual behavior or attitudes if a parent or guardian of the student objects in writing to such participation. If the type of program referred to in this section is a part of or is taught during a credit course, a student may be required to enroll in the course but shall not be required to receive instruction in or participate in the program if a parent or guardian objects in writing. B. The superintendent or a designee of a school district in which sex education is taught or a program is offered which is designed for the exclusive purpose of discussing sexual behavior or attitudes shall approve all curriculum and materials which will be used for such education and any test, survey or questionnaire whose primary purpose is to elicit responses on sexual behavior or attitudes used in the school prior to their use in the classroom or school. The teacher involved in the class, program, testing or survey shall submit the curriculum, materials, tests or surveys to the superintendent or a designee for approval prior to their use in the classroom or school. This section shall not apply to those students enrolled in classes, programs, testings or surveys offered through an alternative education program. Added by Laws 1995, c. 298, § 1, eff. Nov. 1, 1995. Amended by Laws 2019, c. 133, § 1, eff. July 1, 2019. §70-11-106. Parental inspection of instructional material used in research or experimentation program or project. All instructional material, including teachers' manuals, films, tapes or other supplementary instructional material which will be used in connection with any research or experimentation program or project, shall be available for inspection by the parents or guardians of the children engaged in such program or project. For the purpose of this section, "research or experimentation program or project" means any program or project in any applicable program designed to explore or develop new or unproven teaching methods or techniques. Laws 1981, c. 215, § 1, emerg. eff. June 1, 1981. §70-11-106.1. Inspection of instructional material. A. All instructional material, including but not limited to teacher manuals, films, tapes or other supplementary instructional material in any format, used by a public school as part of the educational curriculum, shall be available for inspection by the parents or guardians of students enrolled in the school. B. Each school district shall develop and adopt policies pertaining to the inspection of instructional materials in consultation with parents and guardians. The policies shall include procedures for granting a request by a parent or guardian for reasonable access to instructional material within a reasonable period of time after the request is received. C. For the purposes of this section, "instructional material" means instructional content that is provided to a student, regardless of the format, including printed or representational materials, audio-visual materials and materials in electronic or digital formats. Added by Laws 2014, c. 430, § 6, emerg. eff. June 5, 2014. §70-11-107. Psychiatric or psychological examination, testing or treatment and eliciting of certain personal information prohibited without parental consent. Without the prior written consent of the parent or guardian, no student who is an unemancipated minor shall be required, as part of any applicable program, to submit to psychiatric or psychological examination, testing or treatment; nor may any teacher or staff personnel without such consent elicit by written survey or written examination from any student information of a personal or private nature concerning any of the following areas: 1. Religious beliefs; 2. Mental or psychological problems potentially embarrassing to the student or his family; 3. Sexual behavior and attitudes; 4. Critical appraisals of other individuals with whom the student has a close family relationship; 5. Legally recognized privileged communication. Laws 1981, c. 215, § 2, emerg. eff. June 1, 1981. §70-11-107.1. College entrance examinations - Remediation course for high school students. A. Each school district in this state may offer a remediation course for high school students who score below a nineteen (19) on the American College Testing (ACT) exam or below an equivalent score on the Scholastic Assessment Test (SAT) or Classic Learning Test (CLT) exams. B. Nothing in subsection A of this section shall be construed to require that a teacher providing instruction in the remediation course be certified in any subject matter that is tested on the ACT, SAT, or CLT exams. Added by Laws 2017, c. 61, § 1, eff. Nov. 1, 2017. Amended by Laws 2025, c. 277, § 3, eff. July 1, 2025. §70-11-108. Oklahoma Youth Community Services Act - Short title. This act shall be known and may be cited as the "Oklahoma Youth Community Services Act". Added by Laws 1992, c. 186, § 1, eff. July 1, 1992. §70-11-108.1. Definitions. As used in this act: 1. "Youth community service program" means a program established by a school district as part of the curriculum for secondary students which includes youth community service activities integrated with study and reflection on the experiences gained through youth community service activities; and 2. "Youth community service activities" means volunteer activities performed by secondary school students through a youth community service program that meet the needs of others in the school or community and are designed to enhance the student's personal growth, career exploration, understanding of community and citizenship, social science skills, and communication skills. Added by Laws 1992, c. 186, § 2, eff. July 1, 1992. §70-11-108.2. Secondary educational credit for community service. School districts may establish as part of the curriculum a youth community service program for secondary students which includes youth community service activities integrated with study and reflection on the experiences gained through youth community service activities. A student may receive elective credit for participating in a youth community service program as long as the outcomes of the program reflect the competencies outlined in the Oklahoma Learner Outcomes adopted by the State Board of Education. A student may perform youth community service activities for educational credit only under the sponsorship of an organization approved by the State Department of Education. Youth community service activities shall not be used to displace any employees or reduce the number of hours for which any employee is paid. Added by Laws 1992, c. 186, § 3, eff. July 1, 1992. §70-11-108.3. Program development - Assistance from State Board of Education. The State Board of Education may assist school districts with the development of youth community service programs by: 1. Establishing and maintaining a list of acceptable projects with a description of each project, and providing for projects to be placed on the list upon proper application by the local district and evaluation by the State Department of Education; 2. Verifying that community sponsors have filed assurances with the Department of Education that youth community services students are not displacing employees or reducing the hours for which any employee is paid; 3. Assisting school districts in publicizing the youth community service program and in determining whether there is sufficient interest in the district to warrant a youth community service program; 4. Monitoring districts to assure that youth community service programs are established in districts where interest warrants; 5. Evaluating local youth community service programs; 6. Developing in-service training components to be used by local districts for preparation of youth community service program faculty sponsors; 7. Assisting local districts in applying for grants from private or governmental sources for youth community service programs; and 8. For the purpose of implementing this act the State Board of Education shall utilize only grants from private and governmental sources. Added by Laws 1992, c. 186, § 4, eff. July 1, 1992. §70-11-108.4. Federal funds - Application. The State Board of Education is authorized to apply for federal funds for the purpose of establishing a program through which local school districts may apply for grants to fund local youth community service programs. Added by Laws 1992, c. 186, § 5, eff. July 1, 1992. §70-11-109. Award of funds to school districts - Competitive application. Funds appropriated to the State Board of Education for the School/Community Network for the Arts-in-Education program shall be awarded to school districts on a competitive application basis in accordance with rules promulgated by the State Board of Education for such purpose. Added by Laws 1995, c. 305, § 11, eff. July 1, 1995. §70-11-109.1. Award of funds to nonprofit organizations - Competitive basis. Funds appropriated to the State Board of Education for the Arts- in-Education program shall be awarded on a competitive basis to nonprofit organizations for programs serving schools identified by the State Board of Education, pursuant to Section 1210.541 of this title, as in need of improvement. Added by Laws 1995, c. 305, § 12, eff. July 1, 1995. Amended by Laws 2013, c. 83, § 15, eff. July 1, 2013. §70-11-110. Coursework inventory - Approved credit towards graduation. The State Board of Education shall conduct an inventory of all coursework approved for credit for graduation in each school district and establish criteria by which such courses are approved. It is the intent of the Legislature that only academic coursework, including vocational education courses, shall be approved for credit toward graduation. Added by Laws 1995, c. 305, § 13, eff. July 1, 1995. §70-11-111. College preparatory curriculum - Parental approval for exemption. A. Beginning with students entering the ninth grade in the 2006-2007 school year, all students shall complete the following college preparatory curricular requirements: 1. Four units of English to include Grammar, Composition, Literature, or any English course approved for college admission requirements; 2. Three units of laboratory science, limited to Biology, Chemistry, Physics, or any laboratory science course with content and/or rigor equal to or above Biology and approved for college admission requirements; 3. Three units of mathematics, limited to Algebra I, Algebra II, Geometry, Trigonometry, Math Analysis, Calculus, Advanced Placement Statistics, or any mathematics course with content and/or rigor above Algebra I and approved for college admission requirements; 4. Three units of history and citizenship skills, including one unit of American History and two units from the subjects of History, Government, Geography, Economics, Civics, or Non-Western culture; 5. Two units of the same foreign or non-English language or two units of computer technology approved for college admission requirements, whether taught at a high school or a technology center school, including computer programming, hardware, and business computer applications such as word processing, databases, spreadsheets, and graphics, excluding keyboarding or typing courses; 6. One additional unit selected from paragraphs 1 through 5 of this subsection or career and technology education courses approved for college admission requirements; and 7. One unit or set of competencies of fine arts, such as music, art, or drama, or one unit of speech. B. A student may enroll in a curriculum that does not meet the requirements of subsection A of this section upon approval of the parent or legal guardian of the student. School districts may require a parent or legal guardian of the student to meet with a designee of the school prior to enrollment in such a curriculum. The State Department of Education shall develop and distribute to school districts a form suitable for this purpose which shall include information on the benefits to students of completing the college preparatory curriculum required pursuant to this section. C. The State Department of Education shall collect and report data by school site and district on the number of students whose parents or legal guardians approve enrollment in other than the college preparatory curriculum required pursuant to this section. D. Notwithstanding the provisions of this section, in order to graduate from a public high school accredited by the State Board of Education with a standard diploma, students shall continue to be subject to the curricular requirements established pursuant to Section 11-103.6 of Title 70 of the Oklahoma Statutes. E. For purposes of this section, the courses approved for college admission requirements shall be courses which are approved by the Oklahoma State Regents for Higher Education for admission to an institution within The Oklahoma State System of Higher Education. Added by Laws 2005, c. 432, § 8, eff. July 1, 2005. §70-11-201. Library media program to be reflective of community standards. As school library media center resources are finite, the library media program shall be reflective of the community standards for the population the library media center serves when acquiring an age- appropriate collection of print materials, nonprint materials, multimedia resources, equipment, and supplies adequate in quality and quantity to meet the needs of students in all areas of the school library media program. Added by Laws 2022, c. 106, § 1, eff. Nov. 1, 2022. §70-11-202. Digital or online library database resources safety policies and technology protection measures. A. A school district, charter school, virtual charter school, state agency, public library, or institution of higher education within The Oklahoma State System of Higher Education may offer digital or online library database resources to students in kindergarten through twelfth grade only if the vendor, person, or entity providing the resources verifies that all the resources comply with the provisions of subsection B of this section. B. Digital or online library database resources offered by school districts, charter schools, virtual charter schools, state agencies, public libraries, or universities to students in kindergarten through twelfth grade shall have safety policies and technology protection measures that: 1. Prohibit and prevent a user of the resource from sending, receiving, viewing, or downloading materials that are child sexual abuse material or obscene materials, as defined in Section 1024.1 of Title 21 of the Oklahoma Statutes, or materials that depict child sexual exploitation, as defined in Section 843.5 of Title 21 of the Oklahoma Statutes; and 2. Filter or block access to child sexual abuse material or obscene materials, as defined in Section 1024.1 of Title 21 of the Oklahoma Statutes, or materials that depict child sexual exploitation, as defined in Section 843.5 of Title 21 of the Oklahoma Statutes. C. Notwithstanding any contract provision to the contrary, if a provider of digital or online library resources fails to comply with the requirements of subsection B of this section, the school district, public charter school, state agency, public library, or institution of higher education shall withhold further payments, if any, to the provider pending verification of compliance. D. If a provider of digital or online library database resources fails to timely verify that the provider is in compliance with the safety policies and requirements of subsection B of this section, the school district, public charter school, state agency, public library, or institution of higher education shall consider the provider's act of noncompliance a breach of contract. E. No later than December 1 of each year, libraries shall submit to the Speaker of the Oklahoma House of Representatives and President Pro Tempore of the Oklahoma State Senate an aggregate written report on any issues related to provider compliance with technology protection measures required by subsection B of this section. F. Employees of school districts, charter schools, virtual charter schools, state agencies, public libraries, and universities shall not be exempt from prosecution for willful violations of state law prohibiting indecent exposure to obscene material or child sexual abuse material as provided in Section 1021 of Title 21 of the Oklahoma Statutes. G. Nothing in this act shall be construed in a manner that applies to digital or online library database resources offered by institutions of higher education when the primary purpose of the resources is for education or research. Added by Laws 2022, c. 280, § 1, eff. Nov. 1, 2022. Amended by Laws 2023, c. 373, § 1, eff. July 1, 2023; Laws 2024, c. 59, § 45, eff. Nov. 1, 2024. NOTE: Editorially renumbered from § 11-201 of this title to avoid a duplication in numbering. §70-12-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-12-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-12-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-12-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-12-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-12-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-12-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-12-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-12-101. Program for audiovisual training. The State Board of Education shall have authority to formulate, establish and maintain and cause to be administered a program of audiovisual education for the public schools of the state. Added by Laws 1971, c. 281, § 12-101, eff. July 2, 1971. §70-12-102. Motion picture films - State depository. The State Board of Education shall have authority to select or cause to be selected motion picture films appropriate to the curriculum of the public schools of Oklahoma, and shall establish and maintain a state depository where all such films shall be kept for assignment. Certain special films may be designated by the State Board of Education to be circulated from the state depository to various schools. Laws 1971, c. 281, § 12-102, eff. July 2, 1971; Laws 1981, c. 353, § 4. §70-12-103. Regional film libraries. The State Board of Education shall have authority to establish and maintain regional film libraries. It shall be the responsibility of such regional libraries to receive, maintain, keep a record of and circulate all films received from the state depository and to return such films to the state depository when there is no longer a need therefor in any of the schools served by the regional library or when directed to do so by the State Board of Education and to furnish films to county superintendents of schools and boards of school districts upon written requests therefor. Laws 1971, c. 281, § 12-103, eff. July 2, 1971; Laws 1981, c. 353, § 5. §70-12-104. Local film library. Any county or school district or educational institution supported by tax funds may establish and maintain a local film library and shall have authority to expend local funds for such purpose. Monies expended by any county or school district, or by any educational institution supported by tax funds, for the purchase of projection and audio materials approved by the State Board of Education may be matched with state monies appropriated for such purpose, in amounts not to exceed the following: Any county, One Thousand Dollars ($1,000.00); any school district or tax-supported educational institution employing one to fifty teachers, One Thousand Dollars ($1,000.00); any school district or tax supported educational institution employing fifty-one to two hundred fifty teachers, Two Thousand Dollars ($2,000.00); and any school district or tax-supported educational institution employing more than two hundred fifty teachers, Three Thousand Dollars ($3,000.00). Provided, monies received by a school district under the provisions of this section shall not be considered as a part of its chargeable income for state-aid purposes. Laws 1971, c. 281, § 12-104, eff. July 2, 1971. §70-12-105. Rules and regulations. The State Board of Education shall adopt and enforce such rules and regulations as may be necessary to make such program of audiovisual education effective. Added by Laws 1971, c. 281, § 12-105, eff. July 2, 1971. §70-12-106. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993. §70-12-107. Board of education - Purchase or rent projectors and supplies. Pursuant to an estimate duly made and approved for such purpose the board of education of any school district, or any two or more school districts in cooperation with each other, may purchase or rent moving picture projectors, either silent or sound; purchase attachments, film splicers or film repair equipment of all types, cable, wire or any and all equipment and materials deemed necessary by said board of education or boards of education for the successful operation and conduct of a visual education program in the schools of such district or districts. Added by Laws 1971, c. 281, § 12-107, eff. July 2, 1971. §70-12-108. Personnel to administer provisions of this article. The State Board of Education shall appoint, employ and fix the compensation and duties of necessary personnel, and shall incur necessary expenses, to administer and carry out the provisions of this article, and all such compensation and other expenses shall be paid from any funds appropriated to carry out the provisions of this article. Added by Laws 1971, c. 281, § 12-108, eff. July 2, 1971. §70-13-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-13-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-13-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-13-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-13-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-13-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-13-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-13-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-13-8a. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-13-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-13-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-13-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-13-101. Special education and related services for children with disabilities - Cooperative programs - Funding - Duty to provide special services. The several school districts of Oklahoma are hereby authorized to provide special education and related services necessary for children with disabilities as hereinafter defined. Two or more school districts may establish cooperative programs of special education for children with disabilities when such arrangement is approved by the State Board of Education. Funds may be expended for school services for an additional period during the summer months for approved programs for qualified children with disabilities, provided their individualized education program (I.E.P.) states the need for extended school year special education and related services. Children with disabilities shall mean children, as defined in the Individuals with Disabilities Education Act (IDEA), P.L. No. 105-17, who are three (3) years of age. Provided, on and after July 1, 1991, children from age birth through two (2) years (0-36 months) of age who meet the eligibility criteria specified in Section 13-123 of this title, shall be served pursuant to the provisions of the Oklahoma Early Intervention Act. The attendance of said children in special education classes shall be included in the average daily membership computations for State Aid purposes. The State Board of Education is authorized to modify and redefine by regulation the eligibility definitions whenever such modification is required to receive federal assistance under the Individuals with Disabilities Education Act (IDEA), P.L. No. 105-17. Rules developed pursuant to Section 18-109.5 of this title shall provide for such modification and revised definitions. It shall be the duty of each school district to provide special education and related services for all children with disabilities as herein defined who reside in that school district in accordance with the Individuals with Disabilities Education Act (IDEA), P.L. No. 105-17. This duty may be satisfied by: 1. The district directly providing special education for such children; 2. The district joining in a cooperative program with another district or districts to provide special education for such children; 3. The district joining in a written agreement with a private or public institution, licensed residential child care and treatment facility or day treatment facility within such district to provide special education for children who are deaf or hard-of-hearing, children who are blind or partially blind or other eligible children with disabilities; or 4. Transferring eligible children and youth with disabilities to other school districts which accept them and provide special education and related services for such children, with the district in which the child resides paying tuition therefor as hereinafter provided. For those students who transfer pursuant to the provisions of the Education Open Transfer Act, the receiving school district shall assume all responsibility for education and shall count the student for federal and state funding purposes according to the provisions of subsection B of Section 13-103 of this title. Added by Laws 1971, c. 281, § 13-101, eff. July 2, 1971. Amended by Laws 1973, c. 136, § 1, emerg. eff. May 10, 1973; Laws 1975, c. 118, § 1, emerg. eff. May 13, 1975; Laws 1980, c. 211, § 8, eff. July 1, 1981; Laws 1980, c. 267, § 1; Laws 1981, c. 278, § 5, eff. July 1, 1981; Laws 1989, c. 102, § 10, operative July 1, 1989; Laws 1993, c. 116, § 1, eff. July 1, 1993; Laws 1999, c. 320, § 27, eff. July 1, 1999. §70-13-101.1. Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act. This act shall be known and may be cited as the "Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act". Added by Laws 2010, c. 381, § 1. §70-13-101.2. Purpose of Program - Scholarship factors - Eligibility. A. There is hereby created the Lindsey Nicole Henry Scholarships for Students with Disabilities Program. The Lindsey Nicole Henry Scholarships for Students with Disabilities Program is established to provide a scholarship to a private school of choice for students with special needs who meet at least one of the criteria of subparagraph a, b, c, d, e, f, or g of paragraph 1 of subsection B of this section. Scholarships shall be awarded beginning with the 2010-2011 school year. B. The parent or legal guardian of a student with a special need may exercise his or her parental option and request to have a Lindsey Nicole Henry Scholarship awarded for the child to enroll in and attend a private school in accordance with this section and the scholarship shall be awarded if: 1. a. the student has an individualized education program (IEP), an individualized service plan (ISP), or meets the eligibility standards for special education services in accordance with the Individuals with Disabilities Education Act (IDEA), b. the student has had an individualized service plan pursuant to Section 1-4-704 of Title 10A of the Oklahoma Statutes any time prior to notifying the State Department of Education of the intent to participate in the program, c. the student is a child of a member of the United States Armed Forces who transfers to a school in this state from out of state or from a foreign country pursuant to a permanent change of station orders of the parent, d. the student was in out-of-home placement with the Department of Human Services, e. the student was adopted while in the permanent custody of the Department of Human Services, f. the student is enrolling or is enrolled in a school that exclusively serves students experiencing homelessness, or g. the student was in out-of-home placement with the Office of Juvenile Affairs; and 2. The parent or legal guardian has obtained acceptance for admission of the student to a private school that is eligible for the program as provided in subsection H of this section and has notified the State Department of Education of the request for a scholarship. Requests to participate in the program made after December 1 shall be granted, but funding for scholarships requested after December 1 shall not be available until the beginning of the next school year. The request shall be through a communication directly to the Department in a manner that creates a written or electronic record of the request and the date of receipt of the request. The Department shall notify the school district in which the student is enrolled, if applicable, upon receipt of the request. For purposes of continuity of educational choice, the scholarship shall remain in force until the student enrolls in a public school, graduates from high school, or reaches the age of twenty-two (22), whichever occurs first. At any time, the parent or legal guardian of the student may remove the student from the private school and place the student in another private school that is eligible for the program as provided in subsection H of this section or place the student in a public school. C. A student shall be eligible for a scholarship if the parent or legal guardian of the student made a request for a scholarship for the 2010-2011 school year and the student transferred to an eligible private school but was subsequently denied a scholarship because the student did not have an IEP in effect on October 1, 2009, but did meet all other eligibility requirements as set forth in the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act. D. A student shall not be eligible for a Lindsey Nicole Henry Scholarship if the student is not having regular and direct contact with the private school teachers at the physical location of the private school. E. School districts shall notify the parent or legal guardian of a public school student with a special need of all options available pursuant to this section and inform the parent or legal guardian of the availability of information about the program from the State Department of Education through the toll-free telephone number or website. The notification shall be provided with or included in the copy of the "Parents Rights in Special Education: Notice of Procedural Safeguards" document given to parents at least annually or as otherwise required by law. F. Upon acceptance of a Lindsey Nicole Henry Scholarship, the parent or legal guardian shall assume full financial responsibility for the education of the student including, but not limited to, transportation to and from the private school. G. If the parent or legal guardian requests a Lindsey Nicole Henry Scholarship and the student is accepted by the private school pending the availability of a space for the student, the parent or legal guardian of the student shall notify the State Department of Education before entering the private school and before December 1 in order to be eligible for the scholarship during the school year when a space becomes available for the student in the private school. If notification is made after December 1, payment of the scholarship shall not begin until the next school year. H. 1. To be eligible to participate in the Lindsey Nicole Henry Scholarships for Students with Disabilities Program, a private school shall notify the State Department of Education of its intent to participate. The notice shall specify the grade levels and services that the private school has available for students with special needs who are participating in the scholarship program. The State Department of Education shall approve a private school as eligible to participate in the scholarship program upon determination that the private school: a. meets the accreditation requirements set by the State Board of Education or another accrediting association approved by the State Board of Education. The State Department of Education shall list on its website all accrediting associations approved by the Board, b. demonstrates fiscal soundness by having been in operation for one (1) school year or providing the State Department of Education with a statement by a certified public accountant confirming that the private school desiring to participate is insured and the owner or owners have sufficient capital or credit to operate the school for the upcoming year by serving the number of students anticipated with expected revenues from tuition and other sources that may be reasonably expected. In lieu of a statement, a surety bond or letter of credit for the amount equal to the scholarship funds for any quarter may be filed with the Department, c. complies with the antidiscrimination provisions of 42 U.S.C., Section 2000d, d. meets state and local health and safety laws and codes, e. will be academically accountable to the parent or legal guardian for meeting the educational needs of the student, f. employs or contracts with teachers who hold baccalaureate or higher degrees, or have at least three (3) years of teaching experience in public or private schools, or have special skills, knowledge, or expertise that qualifies them to provide instruction in subjects taught, g. complies with all state laws relating to general regulation of private schools, and h. adheres to the tenets of its published disciplinary procedures prior to the expulsion of a scholarship student. 2. Upon approval of a private school, the State Department of Education shall provide on its website all information and material submitted by the private school with its application. I. 1. Lindsey Nicole Henry Scholarship Program participants shall comply with the following: a. the parent or legal guardian shall select the private school from the schools approved for eligibility pursuant to subsection H of this section and apply for the admission of the child, b. the parent or legal guardian shall request the scholarship no later than December 1 of the school year during which the scholarship is requested, c. any student participating in the scholarship program shall attend throughout the school year, unless excused by the school for illness or other good cause, and shall comply fully with the code of conduct for the school, d. the parent or legal guardian of a student who qualifies pursuant to subparagraph a of paragraph 1 of subsection B of this section shall agree to meet annually with a representative of the private school to identify the services necessary to support the special needs of the student participating in the scholarship program, e. the parent or legal guardian shall fully comply with the parental involvement requirements of the private school, unless excused by the school for illness or other good cause, and f. upon issuance of a scholarship warrant, the parent or legal guardian to whom the warrant is made shall restrictively endorse the warrant to the private school for deposit into the account of the private school. The parent or legal guardian may not designate any entity or individual associated with the private school as the attorney in fact for the parent or legal guardian to endorse a warrant. A parent or legal guardian who fails to comply with this subparagraph shall forfeit the scholarship. 2. A participant who fails to comply with this subsection forfeits the scholarship. J. Provisions governing payment of a Lindsey Nicole Henry Scholarship shall be as follows: 1. The State Department of Education shall calculate the total cost of all scholarships for all eligible students in the state. The State Department of Education shall then reserve or retain from the total amount appropriated to the State Board of Education for State Aid purposes and any other revenue available for allocation for State Aid purposes the total cost for all scholarship payments; 2. The maximum scholarship granted for an eligible student with special needs shall be a calculated amount equivalent to the total State Aid factors for the applicable school year multiplied by the grade and disability weights for which the student is eligible for the applicable school year. The disability weights used in calculating the scholarship amount shall include all disability weights which correspond to the disabilities included in the multidisciplinary evaluation and eligibility group summary for the student at the time the request for a scholarship is made by the parent or legal guardian. The maximum scholarship amount shall be calculated by the State Board of Education for each year the student is participating in the scholarship program; 3. The amount of the scholarship shall be the amount calculated in paragraph 2 of this subsection or the amount of tuition and fees for the private school, whichever is less, minus up to two and one- half percent (2 1/2%) of the scholarship amount which may be retained by the State Department of Education as a fee for administrative services rendered. If a private school does not charge tuition, the amount of the scholarship shall be the amount calculated in paragraph 2 of this subsection minus up to two and one-half percent (2 1/2%) of the scholarship amount which may be retained by the State Department of Education as a fee for administrative services rendered. The amount of any assessment fee required by the private school and the amount associated with providing services and therapies to address the special needs of the student may be paid from the total amount of the scholarship. The amount of the scholarship shall be prorated to reflect the number of days remaining in the current school year, if the scholarship request is granted after the beginning of the school year; 4. The State Department of Education shall notify the private school of the amount of the scholarship within ten (10) days after receiving the request for a scholarship, when the total State Aid factors have been determined for the current fiscal year. The initial payment shall be made after the Department verifies admission acceptance and enrollment. Quarterly payments shall be made upon verification of continued enrollment and attendance at the private school. Payment shall be made by the Department with an individual warrant made payable to the parent or legal guardian of the student and mailed by the Department to the private school that the parent or legal guardian chooses. The parent or legal guardian shall restrictively endorse the warrant to the private school for deposit into the account of the private school; 5. The State Department of Education shall not be responsible for any additional costs associated with special education and related services incurred by the private school for the student including the cost of teachers, equipment, material, and special costs associated with the special education class; 6. The State Department of Education shall establish a toll- free telephone number or website that provides parents or legal guardians and private schools with information about the program; 7. The State Department of Education shall require an annual, notarized, sworn compliance statement by participating private schools certifying compliance with state laws and shall retain all records received from a participating private school. The State Department of Education shall post on its website the annual compliance statement for each participating private school; and 8. The State Department of Education shall cross-check the list of participating scholarship students with the public school enrollments prior to each scholarship payment to avoid duplication. K. 1. The State Superintendent of Public Instruction shall deny, suspend, or revoke the participation of a private school in the scholarship program if it is determined that the private school has failed to comply with the provisions of this section. However, in instances in which the noncompliance is correctable within a reasonable amount of time and in which the health, safety, or welfare of the students is not threatened, the Superintendent may issue a notice of noncompliance which shall provide the private school with a time frame within which to provide evidence of compliance prior to taking action to suspend or revoke participation in the scholarship program. 2. If the Superintendent intends to deny, suspend, or revoke the participation of a private school in the scholarship program, the Department shall notify the private school of the proposed action in writing by certified mail and regular mail to the private school's address of record with the Department. The Department shall also notify any parents or legal guardians of scholarship students attending the private school. The notification shall include the reasons for the proposed action and notice of the timelines and procedures set forth in this subsection. 3. The private school that is adversely affected by the proposed action shall have fifteen (15) days from receipt of the notice of proposed action to file with the Department a request for an administrative hearing proceeding pursuant to the Administrative Procedures Act. 4. Upon receipt of a request for a hearing, the State Board of Education shall commence a hearing within sixty (60) days after the receipt of the formal written request and enter an order within thirty (30) days after the hearing. 5. The Board may immediately suspend payment of scholarship funds if it is determined that there is probable cause to believe that there is an imminent threat to the health, safety, or welfare of the students or fraudulent activity on the part of the private school. L. No liability shall arise on the part of the state, the State Board of Education, the State Department of Education, or a school district based on the award or use of any scholarship provided through the Lindsey Nicole Henry Scholarships for Students with Disabilities Program. M. The inclusion of private schools within options available to public school students in Oklahoma shall not expand the regulatory authority of the state or any school district to impose any additional regulation of private schools beyond those reasonably necessary to enforce the requirements expressly set forth in this section. N. If the State Department of Education determines that a school district prior to August 26, 2011, has failed to comply with the provisions of the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act and has failed to make full or partial scholarship payments for eligible students, the Department shall have authority to reduce the amount of State Aid allocated to the school district or require the school district to make repayment to the Department of State Aid allocations in an amount equal to the amount of scholarship payments the school district failed to make. The Department shall make payment to the parent or legal guardian in the amount the school district failed to make in the manner as provided for in subsection J of this section. O. The State Department of Education shall annually prepare and post on its website a report of Lindsey Nicole Henry Scholarships for Students with Disabilities Program. The annual report shall include, but not be limited to, the following information: 1. The total number and amount of scholarships awarded and reported for each participating private school; 2. The total number of scholarships denied; 3. The total number and amount of scholarship payments suspended for each participating private school; and 4. Data on participating students, disaggregated by years of participation in the program, grade level, economically disadvantaged status, racial and ethnic groups, and disability category. Added by Laws 2010, c. 381, § 2. Amended by Laws 2011, c. 356, § 1; Laws 2012, c. 322, § 1; Laws 2014, c. 342, § 1; Laws 2017, c. 249, § 1, eff. Sept. 1, 2017; Laws 2020, c. 1, § 1; Laws 2024, c. 337, § 1; Laws 2025, c. 246, § 1, eff. July 1, 2025. §70-13-102. Determination of eligibility - Minimum time permitted to attend. The determination whether a child is eligible for special education and related services shall be the responsibility of the multidisciplinary evaluation team of the school district in which such child has legal residence in accordance with the provisions of the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476 and the rules approved by the State Board of Education. The eligibility of children with disabilities shall be reevaluated at least once every three (3) years or more frequently if conditions warrant or if the parent or teacher of the child requests an evaluation as required under the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476. Any child determined to be eligible shall be permitted to receive such special education and related services for a minimum period of twelve (12) years. Successful completion of a secondary education program must be determined through the individualized education program (IEP) and transcript records of the student. Eligibility for special education and related services shall cease upon a determination and documentation of graduation or completion of a secondary education program in accordance with the IEP. Added by Laws 1971, c. 281, § 13-102, eff. July 2, 1971. Amended by Laws 1993, c. 116, § 2, eff. July 1, 1993. §70-13-103. Authorized services and transfers for students with disabilities - Annual report on transfers - Audits. A. Any school district in the state may provide suitable facilities and employ qualified teachers and therapists for students with disabilities, either in schools, classrooms, or in other places as the board of education of the district may deem advisable. When a school district cannot provide special educational facilities and qualified teachers, a student may be transferred pursuant to the provisions of paragraph 4 of Section 13-101 of this title. B. If a student with disabilities is transferred to a school district other than the district of residence of the student pursuant to the Education Open Transfer Act the following provisions shall apply: 1. The receiving district shall establish availability of the appropriate program, staff, and services prior to approval of the transfer; 2. Prior to the approval of the transfer of a student on an individualized education program (IEP), a joint IEP conference shall be required between the district of residence and the receiving district; and 3. Upon approval of the transfer, the receiving district shall claim the student in the average daily membership for state and federal funding purposes and shall assume all responsibility for education of the student. For state funding purposes, the State Department of Education shall include the appropriate grade level weight and all category weights to which the student is assigned pursuant to the provisions of Section 18-201.1 of this title when calculating State Aid pursuant to the provisions of Section 18-200.1 of this title, regardless of whether the receiving district provides education to the student using traditional in-class means or via online instruction. When applicable, the receiving district may apply to the Oklahoma Special Education Assistance Fund for assistance in meeting any extraordinary costs incurred. C. If a request to transfer a student with disabilities to a school district other than the district of residence of the student pursuant to the Education Open Transfer Act is denied, the following provisions shall apply: 1. The parent or legal guardian of a student with disabilities or an adult student with disabilities who is age eighteen (18) or older but under the age of twenty-two (22) may appeal the denial within ten (10) days of notification of the denial to the receiving school district board of education. The receiving school district board of education shall consider the appeal at its next regularly scheduled board meeting; and 2. If the receiving school district board of education denies the appeal, the parent or legal guardian of the student with disabilities or an adult student with disabilities who is age eighteen (18) or older but under the age of twenty-two (22) may appeal the denial within ten (10) days of notification of the appeal denial to the State Board of Education. The parent or legal guardian of the student with disabilities or the adult student with disabilities shall submit to the State Board of Education and the superintendent of the receiving school district a notice of appeal on a form prescribed by the State Board of Education. The appeal shall be considered by the State Board of Education at its next regularly scheduled meeting, where the parent or legal guardian of the student with disabilities or the adult student with disabilities and a representative from the receiving school district may address the Board. The State Board of Education shall promulgate rules to establish the appeals process authorized by this subsection which shall align with rules promulgated pursuant to Section 8-101.2 of this title. D. Transfers authorized by this section shall be made under rules adopted by the State Board of Education. When a student with disabilities or pregnant student is unable to attend any school or class in the district of residency, the board of education of the district may provide for home instruction for the student. The State Board of Education is further authorized to cooperate with any school district in the state to make it possible for a student with disabilities to attend the regular school by making special provisions for the transportation of the student, or for special equipment, devices, books, supplies or other facilities, or for special instruction within the regular school building. The provisions for services and transfers as provided for in this section shall be made with consideration of the least restrictive environment and IEP requirements under the Individuals with Disabilities Education Act (IDEA). E. Beginning with the 2008-2009 school year, a transfer granted for a student with disabilities pursuant to paragraph 4 of Section 13-101 of this title for three (3) consecutive years to the same school district shall automatically be renewed each year. The district in which the student resides shall continue to pay tuition as provided for in paragraph 4 of Section 13-101 of this title. F. Each school district board of education shall annually submit to the State Department of Education the number of transfer requests for students with disabilities approved and denied and whether each denial was based on availability of programs, staff, or services. The State Department of Education shall publish the data on its website and make the data available to the Office of Educational Quality and Accountability. G. Each year, the Office of Educational Quality and Accountability shall randomly select ten percent (10%) of the school districts in the state and conduct an audit of each district’s approved and denied transfers of students with disabilities. If the Office finds inaccurate reporting, the school district shall comply with the changes recommended in the audit. Nothing shall prohibit the Office from conducting the audit required by this subsection in conjunction with the audit required by subsection G of Section 8- 101.2 of this title. Added by Laws 1971, c. 281, § 13-103, eff. July 2, 1971. Amended by Laws 1993, c. 116, § 3, eff. July 1, 1993; Laws 1999, c. 320, § 28, eff. July 1, 1999; Laws 2008, c. 185, § 1, eff. July 1, 2008; Laws 2010, c. 478, § 1, eff. July 1, 2010; Laws 2024, c. 368, § 2, emerg. eff. May 31, 2024. §70-13-104. Authorization for special classes or individual instruction for children in institutions. Special classes or individual instruction provided for pretubercular, tubercular, convalescent or other eligible children with orthopedic impairment or other health impairments in hospitals, sanatoriums and preventoriums may be maintained by a school district in such institutions within or without the boundaries of such district, and the attendance of pupils therein shall be credited to the district providing such instruction. School districts and such institutions shall enter into written agreements which describe the financial and service responsibilities of each in accordance with state and federal regulations. Added by Laws 1971, c. 281, § 13-104, eff. July 2, 1971. Amended by Laws 1993, c. 116, § 4, eff. July 1, 1993. §70-13-105. State Board of Education may fix qualifications of teachers and support personnel. A. The State Board of Education is hereby authorized in accordance with state and federal law to determine and prescribe the qualifications of all persons who teach children with disabilities, to define, classify and determine standards of eligibility of all children with disabilities to receive special education and related services, to fix minimum requirements for special education and related services of children with disabilities, and to make such rules as it deems necessary for the teaching of children with disabilities. B. The State Board of Education shall offer all support personnel, including but not limited to assistants who work with a trained paraprofessional or special education teacher for children with multiple disabilities or deaf-blindness, the same training and education as the trained paraprofessional is required to complete. Added by Laws 1971, c. 281, § 13-105, eff. July 2, 1971. Amended by Laws 1991, c. 190, § 2, eff. July 1, 1991; Laws 1993, c. 116, § 5, eff. July 1, 1993. §70-13-106. State appropriations - Apportionment. State monies appropriated to carry out the provisions of laws dealing with the education of children with disabilities shall be apportioned by the State Board of Education among the various school districts of the state providing such education for children with disabilities in accordance with Section 18-201 of this title and with the standards and rules prescribed by the State Board of Education. Added by Laws 1971, c. 281, § 13-106, eff. July 2, 1971. Amended by Laws 1977, c. 146, § 1, eff. July 1, 1977; Laws 1993, c. 116, § 6, eff. July 1, 1993. §70-13-107. Federal funds - Acceptance by State Board of Education. The State Board of Education is hereby empowered to accept and disburse any grants or funds that may be matched by or received from the federal government for the education of exceptional children and to make necessary rules and regulations for such purpose. Added by Laws 1971, c. 281, § 13-107, eff. July 2, 1971. §70-13-108. State funds - Allowances for children with disabilities. A. The State Board of Education is hereby authorized to establish all necessary rules and set the rate of reimbursement for physical and occupational therapists, teachers of homebound children or home-to-school telephone instruction, board and room for transferred children with disabilities to attend a special class, travel for transporting children with disabilities within or without the district, and travel for teachers who are required to travel in fulfilling the services to children with disabilities in homebound, cooperative, or county programs for children with disabilities. B. The State Board of Education may make provisions for boarding children with disabilities who must be transferred from their home school districts to school districts providing special education and related services, but in no case shall the reimbursement from other state funds for this purpose exceed Four Hundred Fifty Dollars ($450.00) per child per year. C. The State Board of Education may make provisions and payments therefor from other state funds for the special education of any child with deaf-blindness, deafness or blindness and a resident of the state, in any private or public institution, either inside or outside of the State of Oklahoma, but in no case shall payment from state funds for such special education and related services, including board and room for such child, exceed Five Thousand Dollars ($5,000.00) per child per year. D. None of the funds received by a school district under the provisions of this section shall be considered as a part of the chargeable income of such district for State Aid purposes. Added by Laws 1971, c. 281, § 13-108, eff. July 2, 1971. Amended by Laws 1993, c. 116, § 7, emerg. eff. July 1, 1993. §70-13-108.1. Allocation of funds for the education of homebound children. If funds are appropriated to the State Board of Education for reimbursement of the costs of educating Homebound Children as authorized in Section 13-108 of this title, the funds shall be disbursed to school districts through claims filed with the State Board of Education. School districts shall reimburse the necessary travel expenses of teachers incurred in fulfilling the services to homebound children in accordance with the provisions of the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes. Added by Laws 1995, c. 305, § 14, eff. July 1, 1995. Amended by Laws 2003, c. 415, § 30, eff. July 1, 2003. §70-13-109. Personnel to carry out provisions of this article - Training. A. The State Board of Education shall appoint and employ and fix the compensation and duties of necessary personnel and incur other necessary expenses, including cost of consultants, to administer and carry out the provisions of this article, and compensation and other expenses shall be paid from any funds appropriated to carry out the provisions of this article. B. 1. The State Department of Education shall provide training to special education due process hearing or appeal officials to ensure that, at a minimum, the hearing or appeal officials possess: a. knowledge of the provisions of the Individuals with Disabilities Education Act (IDEA), federal and state regulations pertaining to the IDEA, and legal interpretations of the IDEA by federal and state courts, b. knowledge to conduct administrative hearings, and c. knowledge to render and write decisions. 2. Every person serving as a special education due process hearing or appeal official shall be required to participate in, at a minimum, continuing education courses in special education law and administrative procedures annually to remain eligible for current case assignment. Added by Laws 1971, c. 281, § 13-109, eff. July 2, 1971. Amended by Laws 2009, c. 86, § 1, eff. July 1, 2009. §70-13-110. Teachers - Pay. Qualified and properly certified teachers of special education shall be paid a minimum of five percent (5%) above the prevailing wage paid teachers of children who are nondisabled in the same school district. Added by Laws 1971, c. 281, § 13-110, eff. July 2, 1971. Amended by Laws 1993, c. 116, § 8, eff. July 1, 1993. §70-13-111. Register of children with disabilities - Plan for delivery of related services. A. The State Board of Education shall: 1. Maintain a federal child count register of children with disabilities as defined by the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476, as may be amended, and the implementing federal regulations; 2. Monitor efforts of the local public schools to meet the needs of children with disabilities as provided by each such child's Individualized Education Program; and 3. Coordinate private and public efforts, including efforts of agencies of state and local government to meet educational needs of children with disabilities. B. The Department of Mental Health and Substance Abuse Services, the State Department of Health, the Department of Human Services, the State Department of Education, and the Oklahoma Department of Career and Technology Education shall jointly develop and implement through interagency memoranda of agreement as authorized in the Interlocal Cooperation Act, Section 1001 of Title 74 of the Oklahoma Statutes, a plan for the coordinated delivery of related services to children with disabilities pursuant to the Act for Coordination of Special Services to Children and Youth. Added by Laws 1971, c. 281, § 13-111, eff. July 2, 1971. Amended by Laws 1983, c. 62, § 1, emerg. eff. April 29, 1983; Laws 1990, c. 51, § 135, emerg. eff. April 9, 1990; Laws 1990, c. 317, § 1, emerg. eff. May 30, 1990; Laws 1993, c. 116, § 9, eff. July 1, 1993; Laws 2001, c. 33, § 88, eff. July 1, 2001. §70-13-112. Special education and related services program for children with visual impairments. The State Board of Education is authorized to select school districts in which to establish a special education and related services program for children with visual impairments from the first grade through the ninth grade. The selection of the school districts, the establishment of the special education program and the determination of eligible children shall be in accordance with the provisions of Section 13-101 et seq. of this title, and with the rules to be adopted for such purpose by the State Board of Education. Added by Laws 1972, c. 1, § 1, emerg. eff. Jan. 24, 1972. Amended by Laws 1993, c. 116, § 10, eff. July 1, 1993. §70-13-112.1. Parental notification of programs for students with an auditory or visual impairment. A. Each school district shall provide each parent, guardian or legal custodian of a student with an auditory or visual impairment with written information during the individual education program process concerning the availability of programs offered by the Oklahoma School for the Blind and the Oklahoma School for the Deaf for which the students of the district may be eligible. B. School districts providing special education services to students with auditory or visual impairments shall develop procedures to ensure that staff assigned to work with students have effective access to resources and information provided by the Oklahoma School for the Blind and the Oklahoma School for the Deaf. C. The Commission for Rehabilitation Services shall adopt rules prescribing the form and content of information required by this section. Added by Laws 2012, c. 130, § 1, eff. July 1, 2012. §70-13-113. Services to children with visual impairments - Apportionment and distribution of funds. State monies appropriated to carry out the provisions of this act shall be apportioned by the State Board of Education among the school districts providing a special education and related services program for children with visual impairments. The apportionment and distribution of state funds shall be on a per student basis and in accordance with the rules to be adopted for such purpose by the State Board of Education. Added by Laws 1972, c. 1, § 2, emerg. eff. Jan. 24, 1972. Amended by Laws 1993, c. 116, § 11, eff. July 1, 1993. §70-13-114.1. Oklahoma Special Education Assistance Fund - Creation - Status - Expenditures. There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated the "Oklahoma Special Education Assistance Fund". The fund shall be a continuing fund not subject to fiscal year limitations, and shall consist of all monies appropriated or transferred to the fund by the Legislature. Except as otherwise provided in this section, all monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Board of Education for the purpose of providing financial assistance to local school districts pursuant to Sections 13-114.2 through 13-114.4 of this title. For the 1992-93 school year, monies may be expended from this fund for the local and state-supported financial support of public schools. Expenditures from said fund shall be made on warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. Added by Laws 1989, 1st Ex. Sess., c. 2, § 61, emerg. eff. April 25, 1990. Amended by Laws 1991, c. 280, § 64, eff. July 1, 1991; Laws 1993, c. 361, § 5, emerg. eff. June 11, 1993; Laws 2012, c. 304, § 604. §70-13-114.2. Oklahoma Special Education Assistance Fund - Eligibility rules and regulations - Application for funds - Funding determination - Reevaluation of funding. Pursuant to rules and regulations established by the State Board of Education, a local school district serving a child eligible pursuant to Section 13-114.3 of this title, upon application to the Department of Education, may receive funds from the Oklahoma Special Education Assistance Fund, which shall be used to educate that particular child. The determination whether a school district is eligible to receive funding pursuant to the provisions of Section 13-114.1 of this title shall be made by the State Board of Education. The eligibility of a local school district which is receiving funding pursuant to the provisions of Section 13-114.1 of this title shall be reevaluated for each enrollment of a student on an educational cost basis pursuant to Section 13-114.3 of this title and any monies received from the fund adjusted accordingly. Added by Laws 1989, 1st Ex.Sess., c. 2, § 62, emerg. eff. April 25, 1990. Amended by Laws 1991, c. 280, § 65, eff. July 1, 1991. §70-13-114.3. Oklahoma Special Education Assistance Fund - Defraying costs of serving children who resided at Hissom Memorial Center - Funding other services - Determination of home district. A. A local school district may be eligible to receive monies from the Oklahoma Special Education Assistance Fund to defray costs of serving children who resided at Hissom Memorial Center prior to December 1, 1991, and subsequently established residency in the school district if any such children were served by the district during the 1991-92 school year including extended school year during summer 1992 or the 1992-93 school year including extended school year during summer 1993. Contingent upon available funds in the Oklahoma Special Education Assistance Fund, the district shall receive funds in the amount of the actual costs of serving each child less the district per capita and any other funding received for providing services to the child from another state agency upon timely submission of a claim for such amount, accompanied by verification of residency of each child by the school attendance officer and verification from the Department of Human Services that each child formerly resided at Hissom Memorial Center. B. If funds remain in the Oklahoma Special Education Assistance Fund after satisfaction of all valid claims submitted pursuant to subsection A of this section, a local school district may be eligible to receive monies from the Oklahoma Special Education Assistance Fund if a child with disabilities who is being served in that school district: 1. Has been placed in out-of-home placement in an entity described in subsection D of Section 1-113 of this title; 2. Has been previously institutionalized; or 3. Requires services pursuant to an individualized education program (IEP) pursuant to the Individuals with Disabilities Education Act (IDEA) which result in extraordinary costs to the providing school district or district of residence. The State Board of Education may promulgate rules to define extraordinary costs, taking into consideration the funding generated by the weighted calculations relating to students with special needs as provided in paragraph 2 of subsection B of Section 18-201.1 of this title. C. The State Department of Education may prorate any funds allocated pursuant to the provisions of subsection B of this section as necessary, and the State Board of Education is authorized to promulgate rules as necessary to establish priorities in funding for students in this subsection. Added by Laws 1989, 1st Ex.Sess., c. 2, § 63, emerg. eff. April 25, 1990. Amended by Laws 1991, c. 280, § 66, eff. July 1, 1991; Laws 1992, c. 262, § 7, emerg. eff. May 22, 1992; Laws 1993, c. 116, § 12, eff. July 1, 1993; Laws 1998, c. 362, § 2, eff. July 1, 1998. §70-13-114.4. Oklahoma Special Education Assistance Fund - Distribution of funds - Amount of payments. A. Funds issued from the Oklahoma Special Education Assistance Fund shall be distributed to the local school district in a timely manner as determined by the State Board of Education. B. The amount of any such payments shall be determined as follows: 1. Payments made pursuant to paragraphs 1 and 2 of subsection A of Section 13-114.3 of this title shall be the actual cost of serving the child as determined by the State Board of Education less the funding to be received by the district through the State Aid Formula, as reduced to include only the number of days the child is included in the district's average daily membership, and any other funding received for providing services to the child from another state agency; 2. For the purposes of this section, the amount to be received through the State Aid formula shall be the weighted average daily membership of the child times the sum of the current year Base Foundation Support Level and the product of the current year Incentive Aid guarantee times twenty (20). Added by Laws 1989, 1st Ex.Sess., c. 2, § 64, emerg. eff. April 25, 1990. Amended by Laws 1991, c. 280, § 67, eff. July 1, 1991. §70-13-114.5. Allocation of funds for Hissom Compliance. Funds appropriated to the State Board of Education for Hissom Compliance purposes shall be used to provide resources and programs determined by the Board to be necessary to comply with any federal court order pertaining to Hissom Memorial Center which requires any such resources and programs. Added by Laws 1995, c. 305, § 15, eff. July 1, 1995. §70-13-114.6. Oklahoma Alternate Assessment Program parental consent form. A. The State Board of Education shall adopt a separate parental consent form that school districts shall use for determining whether a student who has an Individualized Education Program (IEP) will participate in the Oklahoma Alternate Assessment Program (OAAP), pursuant to Section 11-103.6 of Title 70 of the Oklahoma Statutes, and be provided with instruction that will be assessed by alternate achievement standards that promote access to and progress in the general education curriculum. B. In accordance with 34 C.F.R., Section 300.503(c), each parental consent form shall be provided to the parent in the parent's native language, as defined in 34 C.F.R., Section 300.29, and include the following: 1. An informal statement describing the benefits, risks, and legal implications of parental consent or refusal to consent including that the parent has the right to consent or refuse consent to the actions described in subsection A of this section. The statement shall include information that refusal of parental consent means that the student will be assessed using the regular district and state assessments with appropriate accommodations, modifications, and supplementary aids and services, and that the student will be taught to general education standards and not to alternate academic achievement standards; 2. A "does consent" box and a signature line; and 3. A "does not consent" box and a signature line. C. A school district shall not proceed with the actions described in subsection A of this section without parental consent unless the school district documents reasonable efforts to obtain the parent's consent and the child's parent has failed to respond or the school district obtains approval through a due process hearing in accordance with 34 C.F.R., Sections 300.506 through 300.508 and resolution of appeals. D. If a school district determines that there is a need to change a student's IEP as it relates to actions described in subsection A of this section, the school shall hold an IEP team meeting that includes the parent to discuss the reason for the change. The school shall provide notification of a meeting to the parent at least five (5) school days before the meeting unless the parent and district agree otherwise, indicating the purpose, date, time, and location of the meeting and who, by title or position, will attend the meeting. E. The State Board of Education shall adopt rules to implement this section including, but not limited to, developing parental consent forms and updating relevant policies and procedures. Added by Laws 2025, c. 91, § 1, eff. July 1, 2025. §70-13-115. Short title. This act shall be known and may be cited as the “Oklahoma Educational Interpreter for the Deaf Act”. Added by Laws 2002, c. 220, § 1, eff. July 1, 2002. §70-13-115.1. Purpose of act. It is essential for the well-being and educational growth of deaf and hard-of-hearing students that education programs recognize the unique nature of deafness and ensure that all deaf and hard-of- hearing students have appropriate, ongoing, and fully accessible educational opportunities. It is essential that deaf and hard-of- hearing students, like all students, are provided an education in which their unique communication mode is respected, utilized, and developed to an appropriate level of proficiency. Added by Laws 2002, c. 220, § 2, eff. July 1, 2002. §70-13-115.2. Definitions. As used in the Oklahoma Educational Interpreter for the Deaf Act: 1. “Communication mode or language” means one or more of the following systems or methods of communication applicable to deaf and hard-of-hearing students: a. American Sign Language, b. English-based sign systems, or c. oral, aural, or other speech-based communication; 2. “Educational Interpreter” means a person who possesses a combination of interpreting skills for expressing and receiving information in a variety of signed and oral languages and modes; 3. The Oklahoma “Quality Assurance Screening Test (QAST)” means a tool used for the comprehensive evaluation of interpreters; 4. “Interpreter Training Program” means a training program in an accredited college or university for preparing interpreters for the deaf; 5. “Work Experience” means a minimum of three (3) years of full-time-equivalent work in the field of deaf education; and 6. “Comparable Level of Proficiency” means a comparable level of proficiency on any other national- or state-recognized educational interpreter assessment as determined and recognized by the State Department of Education. Added by Laws 2002, c. 220, § 3, eff. July 1, 2002. §70-13-115.3. Educational interpreters - Educational and experience requirements. A. Except as otherwise provided in this section, any person who functions as an educational interpreter in a public school shall have the interpersonal skills to work effectively and collaboratively with staff and students within the instructional setting as well as a comprehensive, general knowledge of academic subjects and current events, educational processes and organization, principles and practices of special education, aspects and issues of deaf culture, and have: 1. Completed an interpreter training program; 2. Attained a bachelor’s degree; or 3. Worked three (3) or more years in an area related to the field of deaf education. B. In addition to the requirements of subsection A of this section, a person who functions as an educational interpreter in a public school shall attain one or more of the following: 1. Certification by the Registry of Interpreters of the Deaf (RID); 2. National Association of the Deaf (NAD) Level IV or better; 3. Quality Assurance Screening Test (QAST) Level III or better; or 4. A comparable level of proficiency. It shall be desirable for an educational interpreter to hold either a bachelor’s or associate’s degree. C. A person who has never worked as an educational interpreter in any public school, who meets the requirements as provided in subsection A of this section, who does not meet the requirements of subsection B of this section, and who has attained the Quality Assurance Screening Test (QAST) Level I or II, may be employed as an educational interpreter for up to three (3) years. The person shall not be eligible to be employed as an educational interpreter in any public school of this state after the third year until the person attains one of the proficiency levels as provided in subsection B of this section. D. Any educational interpreter employed by a public school on the effective date of this act who does not meet the requirements of subsection B of this section shall be required to attain QAST Level I or a comparable level of proficiency by July 1, 2004. An educational interpreter shall have until July 1, 2006, to meet the requirements of subsections A and B of this section or a comparable level of proficiency. Added by Laws 2002, c. 220, § 4, eff. July 1, 2002. §70-13-115.4. Rules - Registry of educational interpreters - Continuing education. The State Department of Education shall adopt rules to implement the provisions of this act in collaboration with the State Department of Rehabilitation Services. The State Department of Education shall: 1. Maintain a registry of individuals who meet the qualifications as educational interpreters as set forth in this act; and 2. Establish a system of and requirements for continuing education. Such system shall require completion of the minimum QAST continuing education units per year, in which fifty percent (50%) of such units include training in educational interpreting. Added by Laws 2002, c. 220, § 5, eff. July 1, 2002. §70-13-116. Corporal punishment prohibited on certain students. A. School district personnel shall be prohibited from using corporal punishment on any student identified with a disability in accordance with the Individuals with Disabilities Education Act (IDEA). B. As used in this section, “corporal punishment” means the deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline. Added by Laws 2017, c. 222, § 1, eff. Nov. 1, 2017. Amended by Laws 2025, c. 99, § 1. §70-13-121. Short title. Sections 13-121 through 13-129 of this title shall be known and may be cited as the "Oklahoma Early Intervention Act". Added by Laws 1989, c. 102, § 1, operative July 1, 1989. Amended by Laws 2013, c. 310, § 2, emerg. eff. May 20, 2013. §70-13-122. Purpose - Implementation. A. It is the purpose of the Oklahoma Early Intervention Act to establish the policy of this state to provide for early intervention services to infants and toddlers with disabilities and their families in accordance with Part C, formerly Part H, of the Individuals with Disabilities Education Act (IDEA), as may be amended. These services are deemed to be necessary in order to: 1. Enhance the development of infants and toddlers with disabilities; 2. Reduce the educational costs to our society by minimizing the need for special education and related services after such children reach school age; 3. Minimize the likelihood of institutionalization of individuals with disabilities and maximize their potential for independent living in society; and 4. Enhance the capacity of families to meet the needs of their infants and toddlers with disabilities. B. The implementation of this policy requires the development of a system of services to infants and toddlers with disabilities and their families which is: 1. Comprehensive, coordinated, multidisciplinary and interagency; 2. Delivered by the State Department of Education, Oklahoma State Department of Health, the Department of Human Services, the Department of Mental Health and Substance Abuse Services and other publicly funded services for infants and toddlers with disabilities and their families subject to the provisions of the Oklahoma Early Intervention Act; and 3. Intended to fulfill the requirements of Part C of the Individuals with Disabilities Education Act (IDEA), by providing early intervention services. Added by Laws 1989, c. 102, § 2, operative July 1, 1989. Amended by Laws 1990, c. 51, § 136, emerg. eff. April 9, 1990; Laws 1993, c. 116, § 13, eff. July 1, 1993; Laws 2005, c. 89, § 1, eff. July 1, 2005. §70-13-123. Children eligible - "Developmentally delayed" defined. A. The children eligible for entry into early intervention services in the State of Oklahoma shall be infants and toddlers age birth through two years (0-36 months) who are developmentally delayed. As used in this act "developmentally delayed" means children of the chronological age group specified in this section who: 1. Exhibit a delay in their developmental age compared to their chronological age of fifty percent (50%) or score two standard deviations below the mean in one of the following areas or in a subdomain of one of the following areas: cognitive, physical, communication, social and emotional, or adaptive development; 2. Exhibit a delay in their developmental age compared to their chronological age of twenty-five percent (25%) or score one and one- half standard deviations below the mean in two or more of the following areas or in a subdomain of two or more of the following areas: cognitive, physical, communication, social and emotional, or adaptive development; or 3. Have a diagnosed physical or mental condition that has a high probability of resulting in delay. This includes, but is not limited to: chromosomal disorders, neurological abnormalities, inborn errors of metabolism, genetic disorders, congenital malformation of the brain, congenital infections and sensory abnormalities and impairments or identified syndromes. B. The State Board of Education is authorized to modify and redefine by regulation the eligibility definitions established in subsection A of this section whenever such modification is required to receive federal assistance under Part C of the Individuals with Disabilities Education Act (IDEA), as may be amended. Laws 1989, c. 102, § 3, operative July 1, 1989; Laws 2005, c. 89, § 2, eff. July 1, 2005. §70-13-123.1. Consent to delivery of services - Parents or surrogate parents. Parents or surrogate parents may consent to the delivery of services for the early intervention program for their eligible children. For purposes of the Oklahoma Early Intervention Act the terms "parent" and "surrogate parent" shall have the meaning that said terms have in Title 34, Code of Federal Regulations, Part 303, Sections 27 and 422 which implement the Individuals with Disabilities Education Act (IDEA). Added by Laws 1991, c. 317, § 2, emerg. eff. June 12, 1991. Amended by Laws 2013, c. 310, § 3, emerg. eff. May 20, 2013. §70-13-124. General administration, supervision and monitoring of programs and activities receiving federal and state funds - Continuation of certain existing services - Coordination of financial resources - Restricted use of monies. A. The State Department of Education is hereby designated as the lead agency for general administration, supervision and monitoring of programs and activities receiving federal funds under Part C of the Individuals with Disabilities Education Act (IDEA) and state funds appropriated for early intervention services. To ensure compliance with Part C of the Individuals with Disabilities Education Act (IDEA) and its implementing regulations, the State Department of Education is authorized to monitor and enforce any obligations imposed on agencies participating under Part C of the IDEA. B. In accordance with Part C of the Individuals with Disabilities Education Act (IDEA), the State Department of Education shall administer the Interagency Coordinating Council for Early Childhood Intervention which shall advise and assist the lead agency in fulfillment of its responsibilities. C. The State Department of Education, the State Department of Health, the Department of Human Services, the Department of Mental Health and Substance Abuse Services and other publicly funded services shall continue to provide all services within their respective statutory and constitutional responsibilities to the eligible population except as otherwise provided in Section 13-101 of this title. State and local interagency agreements will delineate responsibility for local and regional procedural safeguards, provision of service and related issues. Funds provided for implementation of the Oklahoma Early Intervention Act, Sections 13-121 through 13-129 of this title, shall not be used to satisfy a financial commitment for services which would have been paid for or provided by another public or private source, but shall be utilized solely for the enactment of Part C of the Individuals with Disabilities Education Act (IDEA) and the Oklahoma Early Intervention Act. Such funds may be used whenever considered necessary to prevent delay in the receipt of appropriate early intervention services by the infant or toddler or family in a timely fashion. Funds provided for implementation of the Oklahoma Early Intervention Act may be used to pay the provider of services pending reimbursement from the agency which has the ultimate responsibility. D. Pursuant to the requirements of Part C of the Individuals with Disabilities Education Act (IDEA), all financial resources from federal, state, local and private sources shall be coordinated to fund early intervention services. In order to determine the most effective utilization and achieve coordination, a joint funding plan shall be submitted to the Governor, the Speaker of the House of Representatives, and the Senate President Pro Tempore by the State Department of Education, the State Department of Health, the Department of Human Services and the Department of Mental Health and Substance Abuse Services on or before October 1. The individual components of such plan as they relate to individual agencies shall be incorporated annually into each affected agency's budget request in accordance with the provisions of Section 34.36 of Title 62 of the Oklahoma Statutes. Such plan shall include, but not be limited to: 1. Utilization of State Aid funds appropriated to the State Board of Education for the purpose of providing early intervention services or provided pursuant to the State Aid Formula for special education services and related services to children with disabilities; 2. Publicly funded personnel and programs in the State Department of Education, the State Department of Health, the Department of Human Services and the Department of Mental Health and Substance Abuse Services who are currently serving the eligible population; 3. Feasibility of utilization of federal Title V funds; 4. Utilization of new state funds as may be appropriated by the Legislature for fiscal year 1990 for the purpose of early intervention, and of additional new funds needed to fully implement early intervention services in accordance with the State of Oklahoma's implementation of Part C of the Individuals with Disabilities Education Act (IDEA); 5. Amendments to expansion of the Medicaid State Plan to include early intervention services for eligible children utilizing state funds designated for early intervention for the purpose of matching federal funds; 6. Feasibility of application for federal funds appropriated pursuant to P.L. 89-313; and 7. Utilization of funds received under Part C of the Individuals with Disabilities Education Act (IDEA). E. The State Department of Education, the State Department of Health, the Department of Human Services and the Department of Mental Health and Substance Abuse Services shall be authorized to transfer funds enumerated in subsection D of this section to the Oklahoma Early Intervention Revolving Fund created in Section 13- 124.1 of this title to the extent that transfers of such funds are authorized by and directed to the fund by the joint funding plan of the Oklahoma Early Intervention Act or by state or federal law. F. Monies appropriated to an affected agency and monies identified in the joint funding plan for the purpose of providing early intervention services shall be used by the agency exclusively for the purpose of providing early intervention services. G. For purposes of implementing the provisions of the Oklahoma Early Intervention Act, the board of education of any school district in this state may execute an agreement with a city/county health department or county health department to share appropriate facilities. Added by Laws 1989, c. 102, § 4, operative July 1, 1989. Amended by Laws 1990, c. 51, § 137, emerg. eff. April 9, 1990; Laws 1990, c. 263, § 75, operative July 1, 1990; Laws 1991, c. 317, § 3, emerg. eff. June 12, 1991; Laws 1992, c. 373, § 18, eff. July 1, 1992; Laws 1993, c. 116, § 14, eff. July 1, 1993; Laws 1995, c. 137, § 4, eff. July 1, 1995; Laws 2013, c. 310, § 4, emerg. eff. May 20, 2013. NOTE: Laws 1991, c. 280, § 68 repealed by Laws 1992, c. 373, § 22, eff. July 1, 1992. §70-13-124.1. Oklahoma Early Intervention Revolving Fund. There is hereby created in the State Treasury a revolving fund for the State Department of Education to be designated the "Oklahoma Early Intervention Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of those monies appropriated to the fund by law or deposited in the fund pursuant to direction or authorization by the joint funding plan required in Section 13-124 of this title. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Department of Education for the purpose of providing early intervention services to children with disabilities in accordance with Part C of the Individuals with Disabilities Education Act (IDEA) and the Oklahoma Early Intervention Act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. Added by Laws 1990, c. 263, § 74, operative July 1, 1990. Amended by Laws 1993, c. 116, § 15, eff. July 1, 1993; Laws 2012, c. 304, § 605; Laws 2013, c. 310, § 5, emerg. eff. May 20, 2013. §70-13-125. Contract between State Department of Education and State Department of Health specifying provision or arrangement of early intervention services. A contract shall be entered into between the State Department of Education and the Oklahoma State Department of Health specifying the provision or arrangement of early intervention services by the Oklahoma State Department of Health. Such contract shall include, but not be limited to: 1. A delineation of individual and shared responsibilities for planning, administration and funding, multi-disciplinary evaluations, development of an individual family service plan, service delivery, procedural safeguards and liability of both agencies; 2. Specification of the numbers and types of personnel to be provided under the contract; 3. Provisions to be made by the Oklahoma State Department of Health for provision of services not available at a local level and authorization to subcontract with other public or private service providers; and 4. Specification of all management and indirect costs associated with the Oklahoma State Department of Health’s provision of early intervention services that are authorized for payment under the contract. Allowable management costs shall be limited to itemized early intervention specific travel, dedicated or shared personnel and maintenance and operations costs. Indirect costs shall not exceed those authorized by the indirect cost formula approved by the State Department of Education for the contract period. All other administrative, management or infrastructure cost recover methodologies shall be specifically disallowed for payment under the contract. Added by Laws 1989, c. 102, § 5, operative July 1, 1989. Amended by Laws 1999, c. 246, § 26, eff. July 1, 1999. §70-13-126. Procedural safeguards. Procedural safeguards shall be established in fulfillment of the requirements of Part C of the Individuals with Disabilities Education Act (IDEA) through interagency agreements involving the State Department of Education, the Oklahoma State Department of Health, the Department of Human Services, the Department of Mental Health and Substance Abuse Services and other publicly funded services as appropriate. Added by Laws 1989, c. 102, § 6, operative July 1, 1989. Amended by Laws 1990, c. 51, § 138, emerg. eff. April 9, 1990; Laws 1993, c. 116, § 16, eff. July 1, 1993; Laws 2013, c. 310, § 6, emerg. eff. May 20, 2013. §70-13-127. Timely payments and reimbursements. The legal requirements for timely payment and reimbursement for services under contract pursuant to Sections 34.71 through 34.74 of Title 62 of the Oklahoma Statutes shall govern the services, programs and activities for the State of Oklahoma's implementation of Part C of the Individuals with Disabilities Education Act (IDEA). Added by Laws 1989, c. 102, § 7, operative July 1, 1989. Amended by Laws 1993, c. 116, § 17, eff. July 1, 1993; Laws 2013, c. 310, § 7, emerg. eff. May 20, 2013. §70-13-128. Data collection and reporting. The data collection requirements concerning children with disabilities which are currently utilized by the State Department of Education upon the effective date of this act shall also be utilized to meet the data collection and reporting requirements for the State of Oklahoma under Part C of the Individuals with Disabilities Education Act (IDEA). Further, the Oklahoma State Department of Health, the Department of Human Services and the Department of Mental Health and Substance Abuse Services shall fulfill the data collection and reporting requirements established by the United States Department of Education pursuant to Part C of the Individuals with Disabilities Education Act (IDEA) for early intervention services provided by their respective agencies pursuant to the purposes of the Oklahoma Early Intervention Act. The lead agency shall provide technical assistance to the agencies in this endeavor. Added by Laws 1989, c. 102, § 8, operative July 1, 1989. Amended by Laws 1990, c. 51, § 139, emerg. eff. April 9, 1990; Laws 1993, c. 116, § 18, eff. July 1, 1993; Laws 2013, c. 310, § 8, emerg. eff. May 20, 2013. §70-13-129. Revision of Oklahoma State Plan for Special Education - Effective date of services. A. The Interagency Coordinating Council for Early Childhood Intervention shall assist the State Department of Education in revising the Oklahoma State Plan for Special Education to include areas addressing requirements under Part C of the Individuals with Disabilities Education Act (IDEA) necessary for full implementation of the Oklahoma Early Intervention Act. Such revision shall be completed by April 1, 1990. B. Contingent upon the enactment of legislation authorizing implementation of an annual budget submitted which is based upon a joint funding plan provided in subsection D of Section 13-124 of this title, services in compliance with this act and Part C of the Individuals with Disabilities Education Act (IDEA) shall be in effect no later than July 1, 1990. Subject to such contingency all children eligible for services pursuant to the provisions of Section 13-123 of this title shall be served beginning July 1, 1991. Added by Laws 1989, c. 102, § 9, operative July 1, 1989. Amended by Laws 1993, c. 116, § 19, eff. July 1, 1993; Laws 2013, c. 310, § 9, emerg. eff. May 20, 2013. §70-13-130. Short title - Education Compact for Students in State Care Act. This act shall be known and may be cited as the "Education Compact for Students in State Care Act". Added by Laws 2017, c. 187, § 1, eff. Nov. 1, 2017. §70-13-131. Education Compact for Students in State Care Advisory Committee. A. There is hereby created the Education Compact for Students in State Care Advisory Committee. B. The advisory committee shall be comprised of three (3) members to be appointed as follows: 1. One member representing the State Department of Education to be appointed by the Superintendent of Public Instruction; 2. One member representing the Office of Juvenile Affairs to be appointed by the Executive Director of the Office of Juvenile Affairs; and 3. One member representing the Department of Human Services to be appointed by the Director of the Department of Human Services. C. The advisory committee may meet as often as may be required in order to perform the duties imposed upon it. D. The meetings of the advisory committee shall be subject to the Oklahoma Open Meeting Act. E. Members of the advisory committee shall receive no compensation or travel reimbursement. Added by Laws 2017, c. 187, § 2, eff. Nov. 1, 2017. §70-13-132. Students placed in state care - Delivery of student records. A. To facilitate the timely transfer and/or enrollment of a student who has been placed in state care, the personnel of a sending school district shall make every effort to ensure timely delivery of temporary and permanent student records in accordance with the foster care state plan developed by the State Department of Education in collaboration with the Department of Human Services as required by the Elementary and Secondary Education Act of 1965 (ESEA), as reauthorized and amended by P.L. No. 114-95, also known as the Every Student Succeeds Act (ESSA). B. In accordance with the foster care state plan and Section 1- 6-103 of Title 10A of the Oklahoma Statutes, in the event that the nondirectory education records of a student who has been placed in state care cannot be released to the parent(s) or legal guardian(s) of the student, school district personnel of a sending school district shall make temporary records available to a designee of the Office of Juvenile Affairs or the Department of Human Services. For the purposes of this section, "nondirectory education records" shall mean those records maintained by the school district regarding a student who is or has been enrolled at the school district which are categorized as private or confidential records pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA). Examples of nondirectory education records include but are not limited to student attendance records, test performance records, special education records, if applicable, health records and transcripts or report cards. C. 1. A power of attorney issued pursuant to Section 700 of Title 10 of the Oklahoma Statutes shall be sufficient for the purposes of enrollment. 2. An out-of-home care placement agreement executed on a form provided by the Department of Human Services shall be sufficient for the purposes of enrollment. D. 1. The receiving school district shall enroll and place the student upon arrival. 2. The receiving school district shall request the student's permanent records from the sending school district. Upon receipt of such a request, the sending school district shall process and furnish the student's permanent records to the receiving school district within three (3) days. E. A student who has been placed in state care and transferred and/or enrolled pursuant to this section shall have thirty (30) days from the date of enrollment to obtain immunizations required by Section 1210.191 of Title 70 of the Oklahoma Statutes. If a series of immunizations is required, the student shall have thirty (30) days from the date of enrollment to receive the initial dose. Upon enrollment, the receiving school shall verbally inform the parent, legal guardian or legal custodian of the student about the immunization exemptions provided for in Section 1210.192 of Title 70 of the Oklahoma Statutes. Added by Laws 2017, c. 187, § 3, eff. Nov. 1, 2017. §70-13-133. Placement in courses at receiving school. A. To facilitate the education of a student who has been placed in state care, a receiving school district shall initially honor placement of the student in educational courses based on the student's enrollment in the sending school district and/or educational assessments conducted at the sending school district. A receiving school district shall be authorized to perform its own placement evaluation to ensure appropriate placement of the student. B. In placing the student, the receiving school district shall take into consideration the student's eligibility for: 1. Gifted and talented programs, including but not limited to Advanced Placement courses and International Baccalaureate courses; 2. An English language learner program; 3. Courses or a sequence of courses offered by a technology center school; and 4. Extracurricular activities. C. 1. If an individualized education program (IEP) was in place for the student at the sending school district, the receiving school district shall initially provide comparable services, in accordance with the Individuals with Disabilities Education Act (IDEA). The receiving school district shall conduct an evaluation of the student to determine eligibility for special education and related services, pursuant to Section 13-102 of Title 70 of the Oklahoma Statutes. 2. The receiving school district shall comply with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A., Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A., Sections 12131 through 12165. Added by Laws 2017, c. 187, § 4, eff. Nov. 1, 2017. §70-13-134. On-time graduation - Curriculum options. A. To facilitate the on-time graduation of a student who has been placed in state care during the ninth through twelfth grades, the student shall be automatically enrolled in the core curriculum, as set forth in Section 11-103.6 of Title 70 of the Oklahoma Statutes. However, students who have been accepted into the Oklahoma Higher Learning Access Program pursuant to Section 2601 et seq. of Title 70 of the Oklahoma Statutes shall be given the opportunity to complete the program's curricular requirements. The school district in which the student is enrolled shall work in collaboration with the parent(s), legal guardian(s) or legal custodian(s) of the student and the student to determine if he or she should complete the college preparatory/work ready curriculum or the core curriculum requirements established by Section 11-103.6 of Title 70 of the Oklahoma Statutes. B. In making decisions related to the on-time graduation of the student, the school district in which the student is enrolled shall be authorized to waive any applicable graduation requirements established by the school district board of education. Added by Laws 2017, c. 187, § 5, eff. Nov. 1, 2017. §70-14-101. State Board of Career and Technology Education - Successor to State Board of Vocational and Technical Education. A. There is hereby created the State Board of Career and Technology Education which shall succeed to all of the powers and duties heretofore invested in the State Board for Vocational Education. The membership of the State Board of Career and Technology Education shall consist of: 1. The State Superintendent of Public Instruction who shall be an ex officio voting member; 2. Two appointed members of the State Board of Education, selected by the Governor, to serve as ex officio voting members. One State Board member shall be selected for a one-year term and one State Board member shall be selected for a two-year term; 3. Five members to be appointed by the Governor with the advice and consent of the Senate. Each appointed member shall be an owner, chief executive or operating officer, or business executive with policy-making or hiring authority for a business or industry located in the state or with a business or industry where a significant number of the workforce performs a task for which training or other educational service may be obtained from the career and technology education system. The Governor shall appoint one such appointive member from each of the congressional districts and any remaining members shall be appointed from the state at large. However, when congressional districts are redrawn each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. Appointments made after July 1 of the year in which such modification becomes effective shall be from any redrawn districts which are not represented by a board member until such time as each of the modified congressional districts are represented by a board member. No member shall be appointed pursuant to this paragraph who has not resided in the relevant congressional district for at least six (6) months prior to the date of appointment; and 4. One member who represents the public, private and/or educational interests of the state shall be appointed by the Governor from the state at large with the advice and consent of the Senate. B. All initial appointments made by the Governor pursuant to this act shall be for terms as follows: 1. Initial appointments of the two members of the State Board of Education pursuant to paragraph 2 of subsection A of this section shall be for terms as follows: a. one for a term to expire on April 1, 2004, and b. one for a term to expire on April 1, 2005; 2. Initial appointments of the six members pursuant to paragraphs 3 and 4 of subsection A of this section shall be for terms as follows: a. one for a term to expire on April 1, 2004, b. one for a term to expire on April 1, 2005, c. one for a term to expire on April 1, 2006, d. one for a term to expire on April 1, 2007, e. one for a term to expire on April 1, 2008, and f. one for a term to expire on April 1, 2009; 3. The member appointed to represent the state at large shall be the initial appointment for the term ending April 1, 2009; 4. After the initial terms, all members appointed by the Governor shall be appointed for terms of six (6) years. Initial appointments pursuant to the provisions of this section shall be made no later than September 1, 2003. All terms shall expire on the first day of April of the year in which the term of each member expires, except for the terms of office of members serving on the Board on the effective date of this section, which shall expire August 31, 2003; 5. The Chair of the Board shall be the State Superintendent of Public Instruction. The Director of the Oklahoma Department of Career and Technology Education shall serve as an ex officio nonvoting member and shall be the executive officer of the Board; and 6. Members of the State Board of Career and Technology Education shall be subject to the orientation and continuing education requirements for school board members specified in Sections 5-110 and 5-110.1 of this title. Failure of a member to satisfy these requirements shall result in the member vacating the seat and the vacancy being filled as provided by law. C. No person shall be eligible to be appointed to serve on the Board unless the person has been awarded a high school diploma or certificate of high school equivalency. D. For each additional month employed, the additional salary shall be calculated on the basis of one-tenth (1/10) of the base salary as prescribed by the school district for a teacher of like qualifications employed on a ten-months' basis. E. The official name of the Board which is known as the “State Board of Vocational and Technical Education” shall be designated in all future references as the “State Board of Career and Technology Education”. Any references in the statutes to the State Board of Vocational and Technical Education shall be deemed references to the State Board of Career and Technology Education. Added by Laws 1971, c. 281, § 14-101, eff. July 2, 1971. Amended by Laws 2000, c. 209, § 1, emerg. eff. May 19, 2000; Laws 2002, c. 375, § 17, eff. Nov. 5, 2002; Laws 2003, c. 42, § 1; Laws 2003, c. 228, § 2, eff. Aug. 1, 2003. §70-14-102. Meetings - Teleconferencing. The State Board of Career and Technology Education shall meet in regular session once each month at least ten (10) months per year. Special meetings may be called by the Chair or by a majority of the members of the Board. Meetings of the Board may be held by teleconferencing. Five members of the Board shall constitute a quorum. No business may be transacted at any meeting unless a quorum is present in person or through teleconferencing, and every act of the Board shall be approved by a majority of the membership of the Board. Each member of the Board shall receive necessary traveling expenses while in the performance of duties as a member pursuant to the State Travel Reimbursement Act. Added by Laws 1971, c. 281, § 14-102, eff. July 2, 1971. Amended by Laws 1985, c. 178, § 53, operative July 1, 1985; Laws 2000, c. 148, § 2, eff. July 1, 2000; Laws 2001, c. 33, § 89, eff. July 1, 2001; Laws 2003, c. 42, § 2. §70-14-102.1. New, incumbent, and continuing education workshop and training requirements. The Oklahoma Department of Career and Technology Education is authorized to provide new, incumbent, and continuing education workshop and training requirements which are required for technology center school district board of education members and State Board of Career and Technology Education members as specified in Sections 5- 110 and 5-110.1 of Title 70 of the Oklahoma Statutes. The training may be conducted by the Department or by an outside entity that has been approved and has contracted with the Department to provide the training. The Department shall provide each technology center school district board of education member and State Board of Career and Technology Education member with a training status report twice a year. Added by Laws 2008, c. 439, § 6, eff. July 1, 2008. §70-14-103. Powers and duties. The State Board of Career and Technology Education shall have the following powers and duties: 1. Have the supervision of the Oklahoma Department of Career and Technology Education of the State Board of Career and Technology Education, which department shall keep its principal offices at Stillwater, and appoint and fix the compensation and duties of the Director and other personnel of such Department; 2. Have the supervision of the technology center schools and colleges of Oklahoma, except Oklahoma State University Institute of Technology-Okmulgee and the Oklahoma State University Technical Institutes at Oklahoma City and Stillwater, which, however, shall be eligible to participate in federal programs administered by the State Board of Career and Technology Education as hereinafter provided; 3. Cooperate with, and enter into agreements with, and administer programs of, and receive federal funds from, the United States Department of Education and other federal agencies in matters relating to vocational and technical education, youth apprenticeship programs, and manpower training, and be the sole state agency for such purposes. Provided that, programs and funds made available through the Job Training Partnership Act, or its successor programs, shall be excluded; 4. Provide for the formulation and adoption of curricula, courses of study, and other instructional aids necessary for the adequate instruction of students in the technology center schools and colleges of this state. It is the intent of the Legislature that instructional models for vocational students should include higher standards of academic work with increased emphasis on communication, computation and applied science; 5. Develop a plan to provide adequate vocational offerings accessible to all students having the ability to benefit; 6. Purchase or otherwise acquire equipment, materials, supplies and other property, real or personal, as may be necessary for the operation of the technology center schools of this state, and provide for the maximum utilization of such property through a coordinated and cooperative use thereof, including transfer of title to real and personal property to a technology center school district for a reasonable cash consideration if said property is to be utilized in a vocational-technical program administered by the technology center district board of education. Any conveyance of real property for a reasonable consideration shall contain a reversionary clause by which the real property shall revert to the State Board of Career and Technology Education if the property ceases to be used in a vocational-technical program administered by the technology center district board of education; 7. Enter into such agreements and contracts with the State Board of Education, boards of trustees of community junior colleges, boards of education of independent and elementary school districts, boards of education of school districts for technology center schools, private educational or training institutions, public or private industry, and boards of directors of community action programs, as may be necessary or feasible for the furtherance of vocational and technical training within this state; 8. Cooperate and enter into agreements with the Oklahoma State Regents for Higher Education; 9. Cooperate with the State Department of Education in developing hands-on career exploration activities for students in grades 6 through 10, integrating academic competencies into vocational instruction, and ensuring counseling of all students in order to minimize the number of students graduating from high school without having completed either a vocational-technical program or college preparation; 10. Develop and periodically update a plan to allow teacher training and the purchase and installation of technological equipment necessary to modernize vocational educational programs; 11. Accept and provide for the administration of any land, money, buildings, gifts, funds, donations or other things of value which may be offered or bequeathed to the schools or colleges under the supervision or control of said Board; 12. Enter into cooperative arrangements with one or more other states for the conduct and administration of programs, services and activities; 13. Cooperate whenever possible, to avoid any duplication of training programs with any established training program registered by the Bureau of Apprenticeship and Training, United States Department of Labor; 14. Accept and expend funds from any source in order to market, advertise or promote programs and services available through the Career and Technology Education system; and 15. Participate in activities pertaining to the recruitment of companies to locate or expand operations in the state, and participate in activities that will increase the competitiveness of companies with headquarters or branch operations located in the state. These activities may require agency staff to travel, train, or provide technical assistance outside the State of Oklahoma. Added by Laws 1971, c. 281, § 14-103, eff. July 2, 1971. Amended by Laws 1989, 1st Ex. Sess., c. 2, § 53, emerg. eff. April 25, 1990; Laws 1991, c. 3, § 17, eff. July 1, 1991; Laws 1993, c. 188, § 1, emerg. eff. May 20, 1993; Laws 1994, c. 2, § 27, emerg. eff. March 2, 1994; Laws 2001, c. 33, § 90, eff. July 1, 2001; Laws 2006, c. 105, § 1, emerg. eff. April 27, 2006; Laws 2006, c. 319, § 1, emerg. eff. June 9, 2006; Laws 2008, c. 54, § 4, eff. July 1, 2008. NOTE: Laws 1993, c. 144, § 1 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994. §70-14-103.1. Vocational and technical education - Dropout Recovery Grants - Statewide plan. A. Contingent upon the provision of appropriated funds, the State Board of Career and Technology Education is authorized to award one or more competitive grants for dropout recovery programs to technology center school districts. The grant awards shall be made to technology center school districts serving school districts that do not have intensive dropout prevention programs and that have the greatest need for dropout prevention and recovery as reflected in reports of the Office of Accountability. The Dropout Recovery Grants shall emphasize dropout recovery, shall be in addition to any existing alternative education programs, and shall meet the criteria applicable to Alternative Education Academy Grants as set forth in subsection A of Section 1210.563 of this title. B. The State Board of Career and Technology Education shall provide or contract for technical assistance from appropriated funds. The State Board of Career and Technology Education shall provide or contract for in-depth program analysis and evaluation of grant-funded programs to the Oklahoma Department of Career and Technology Education and the Legislature no later than November 1 following the end of the school year in which one or more programs were implemented and funded through Dropout Recovery Grants. C. Programs funded through Dropout Recovery Grants shall be subject to the funding cycle and limitations applicable to Alternative Education Academy Grants as set out in subsection C of Section 1210.563 of this title. D. By September 15 of each school year, all revenue received and expended for students participating in Dropout Recovery Grant programs created in subsection A of this section shall be reported to the Oklahoma Department of Career and Technology Education. E. The State Board of Career and Technology Education shall promulgate rules as necessary to administer the Dropout Recovery Grants and the process by which the grant funding shall be allocated. F. By September 1, 1995, the State Board of Career and Technology Education shall prepare and submit to the Legislature and the Governor a proposed statewide plan, including a statement of needed funding, for the provision of vocational and technical education to students in grades six through twelve who have been identified by school districts in their needs assessments as being at risk of not completing a high school education for a reason other than that identified in Section 13-101 of this title, and who would benefit from vocational and technical education. The plan shall include the availability of technology education courses to the identified students, an outreach effort to students in grades eleven and twelve in vocational and technical courses, provision for cooperative agreements to provide services for students participating in alternative education programs, and coordination with the State Board of Education. Added by Laws 1994, c. 290, § 67, eff. July 1, 1994. Amended by Laws 2001, c. 33, § 91, eff. July 1, 2001. §70-14-103.2. Children placed outside parents' home and school district - Access to vocational offerings. The State Board of Career and Technology Education shall promulgate rules to ensure access to vocational offerings in technology center school districts to students in technology center school districts who are receiving educational services from a school district due to placements outlined in the provisions of Section 1-113 of this title. Added by Laws 1996, c. 319, § 4, eff. July 1, 1996. Amended by Laws 2001, c. 33, § 92, eff. July 1, 2001. §70-14-103.3. Pilot program at technology center schools - Expansion of rural businesses. A. Subject to the availability of funds appropriated specifically for this purpose, the State Board of Career and Technology Education shall implement a pilot program at technology center schools, the purpose of which is to provide services and training to help rural businesses expand. The purpose of the pilot program is to provide tuition grants and offer economic development, marketing and technology access services to qualifying rural businesses and communities as determined by the Oklahoma Department of Career and Technology Education. B. A pilot program may be established at technology center school districts to increase the number of students taking industry certification examinations and obtaining trade-specific industry certifications and licenses. The local technology center board may establish board policy suitable for their district. The expenditure of public funds for this purpose shall be deemed a public purpose and the funds expended shall be an authorized expenditure of general funds from the technology center school districts to cover the direct costs of trade-specific industry certification examinations and licenses related to the program of study. Added by Laws 1998, c. 335, § 1, eff. July 1, 1998. Amended by Laws 2001, c. 33, § 93, eff. July 1, 2001; Laws 2012, c. 116, § 1, eff. July 1, 2012. §70-14-103.4. Program for medical micropigmentation training and certification. The State Board of Career and Technology Education may establish a program for training and certification in medical micropigmentation. The program shall be developed with curricular advice from the Oklahoma Board of Nursing, State Board of Medical Licensure and Supervision, State Board of Osteopathic Examiners, and the Board of Dentistry. Added by Laws 2000, c. 330, § 2, emerg. eff. June 5, 2000. Amended by Laws 2001, c. 33, § 94, eff. July 1, 2001; Laws 2003, c. 384, § 4, eff. Nov. 1, 2003. §70-14-104. Oklahoma Department of Career and Technology Education - Successor to Oklahoma Department of Vocational and Technical Education. A. There is hereby created the Oklahoma Department of Career and Technology Education, which shall consist of such divisions, units and positions as may be established by the State Board of Career and Technology Education. The department shall be under the control of the State Board of Career and Technology Education, which shall formulate policies and adopt rules for the administration and operation of the department. B. The official name of the state agency which is known as "State Department of Vocational and Technical Education" or the “Oklahoma Department of Vocational and Technical Education” shall be designated in all future references as the "Oklahoma Department of Career and Technology Education". Any references in the statutes to the State Department of Vocational and Technical Education or the Oklahoma Department of Vocational and Technical Education shall be deemed references to the Oklahoma Department of Career and Technology Education. Added by Laws 1971, c. 281, § 14-104, eff. July 2, 1971. Amended by Laws 1995, c. 144, § 1, eff. July 1, 1995; Laws 2000, c. 209, § 2, emerg. eff. May 19, 2000. §70-14-105. Courses of instruction and training - State Career- Technology Fund. The Oklahoma Department of Career and Technology Education may operate and maintain, or otherwise provide for, courses of instruction and training in vocational and technical education courses and subjects, and charge students reasonable tuition fees for such instruction or training. The fees shall be deposited in a special fund, which is hereby created, to be known as the State Career-Technology Fund. The fund may be used to pay expenses incurred by the Department in operating and maintaining such classes, and payment therefrom may be upon vouchers signed by a person or persons designated by the State Board of Career and Technology Education. The fund may also be used for the operation of the Multi-State Academic Vocational Curriculum Consortium (MAVCC) for the purpose of developing and disseminating curriculum materials for the member states. Added by Laws 1971, c. 281, § 14-105, eff. July 2, 1971. Amended by Laws 1985, c. 323, § 6, emerg. eff. July 30, 1985; Laws 1995, c. 144, § 2, eff. July 1, 1995; Laws 2001, c. 33, § 95, eff. July 1, 2001. §70-14-106. Equipment pool. A. The Oklahoma Department of Career and Technology Education may operate and maintain an equipment pool, at which there shall be kept equipment for the use of technology center school districts and schools supported by public funds, and said department and schools shall be eligible for surplus property and equipment. B. Whenever the Department determines that any such district or school has, and does not have a need for, equipment purchased wholly or partly with state or federal funds, it may, if consistent with federal laws and regulations, order the equipment transferred to the equipment pool; and the district or school, or officials thereof, shall thereupon have the duty to comply with such order. Provided, any equipment which has been purchased wholly or in part with local school funds shall require the concurrence of the governing board of that local school before the equipment shall be transferred to the state equipment pool. C. Whenever the Department determines that a technology center school district or school supported by public funds has a need for any equipment in the equipment pool, the Department may transfer the equipment to such district or school. D. The State Board of Career and Technology Education shall adopt and enforce such rules as it deems necessary to carry out the provisions of this section. Added by Laws 1971, c. 281, § 14-106, eff. July 2, 1971. Amended by Laws 2001, c. 33, § 96, eff. July 1, 2001. §70-14-107. Repealed by Laws 1989, c. 13, § 1, eff. Nov. 1, 1989. §70-14-108. Technology center school districts - Organization and operation - Governing board - Levy elections - Estimate of needs - Appropriation accounts - Annexation and detachment of territory - Classification, inspection and accreditation - Treasurer - Transfer of tenure or accrued benefits. A. The State Board of Career and Technology Education shall prescribe criteria and procedures for the establishment and governance of technology center school districts, as provided by Section 9B of Article X of the Oklahoma Constitution, and such districts so established shall be operated in accordance with rules of the State Board of Career and Technology Education, except as otherwise provided in this title. B. A technology center school district shall be a body corporate and shall possess the usual powers of a corporation for public purposes. Its official name shall be designated by the State Board of Career and Technology Education, in which name it may sue and be sued, and be capable of contracting and being contracted with, and holding real and personal estate. C. The governing board of a technology center school district shall be a board of education consisting of not less than five (5) nor more than seven (7) members. Except as otherwise provided for in subsections D and E of this section, all members of the board of education shall be elected in a manner prescribed by the State Board of Career and Technology Education. The State Board shall promulgate rules prescribing the manner in which the elections required by this subsection are held. D. In a technology center school district that serves seventy or more public school districts, the territory of the school district shall be divided into district zones by the State Board of Career and Technology Education. Between August 1 and December 31 of the year following the submission by the United States Department of Commerce to the President of the United States of the official Federal Decennial Census, the Board shall reapportion the territory of the technology center school district into district zones. All boundaries of district zones shall follow clearly visible, definable, and observable physical boundaries which are based upon criteria established and recognized by the Bureau of the Census of the United States Department of Commerce for purposes of defining census blocks for its decennial census and shall follow, as much as possible, precinct boundaries. District zones shall be compact, contiguous and shall be as equal in population as practical with not more than a five-percent variance between the most populous and least populous district zones. The board of education of a technology center school district shall consist of one member elected from each of the district zones of the school district created pursuant to this subsection. The electors of each district zone shall elect a person, who is a resident of the district zone, to represent the district zone on the school board. If during the term of office to which a person was elected, that member ceases to be a resident of the district zone for which the person was elected, the office shall become vacant and the vacancy shall be filled as provided in Section 13A-110 of Title 26 of the Oklahoma Statutes. The State Board of Career and Technology Education shall promulgate rules prescribing the manner in which the elections required by this subsection are held. E. In technology center school districts having a population of more than two hundred twenty-five thousand (225,000) electors, the territory of the district shall be divided into board zones by the State Board of Career and Technology Education. The board of education of the technology center school district shall consist of one member elected from each of the district zones. Beginning July 1, 2024, the board of education shall have the option upon approval of a board resolution, of requiring that the electors of each district zone shall elect a person who is a resident of the district zone to represent the district zone on the school board and to not elect all board members at large, or the community continues to vote for the board members at large. If during the term of office to which a person was elected, that member ceases to be a resident of the district zone for which the person was elected, the office shall become vacant, and the vacancy shall be filled as provided for in Section 13A-110 of Title 26 of the Oklahoma Statutes. The State Board of Career and Technology Education shall promulgate rules prescribing the manner in which the elections required by this subsection are held. F. The board of education of a technology center school district shall have the same powers and duties that boards of education of independent school districts have. It may require nonresident students to pay reasonable tuition fees, which may be paid for a student by the independent or elementary school district in which the student resides. G. An election to vote on the question of making a levy of not to exceed five (5) mills on the dollar valuation of the taxable property in a technology center school district under the provisions of subsection A of Section 9B of Article X of the Oklahoma Constitution, shall be called by the board of education and conducted by the county election board of such district in the same manner that elections for emergency levies in school districts under the provisions of subsection (d) of Section 9 of Article X of the Oklahoma Constitution, are called and conducted. When such levy is approved by a majority of the electors of the technology center school district voting on the question at such election, the levy shall be made each fiscal year thereafter until repealed by a majority of the electors of the district voting on the question at an election called for such purpose. An election to vote on the question of making a local incentive levy of not to exceed five (5) mills on the dollar valuation of the taxable property in a technology center school district under the provisions of subsection B of Section 9B of Article X of the Oklahoma Constitution, may be called by the board of education; and elections on a levy for a building fund for an area school district under the provisions of Section 10 of Article X of the Oklahoma Constitution, shall be called by the board of education of such district and conducted by the county election board in the same manner that elections for similar levies are called and conducted in independent school districts. H. Annual estimates of needs of technology center school districts shall be made and approved in the same manner that those of independent school districts are made and approved. Provided, that the State Board of Career and Technology Education shall prescribe a list of appropriation accounts by which the funds of technology center school districts shall be budgeted, accounted for and expended. Any such estimate of needs may include an estimate of federal funds as probable income from sources other than ad valorem tax of the district and other than any excise or other tax assessed by legislative enactment and distributed in lieu of ad valorem taxes. If a technology center school district lies in more than one county, the district’s estimate of needs shall be filed with and approved by the county excise board of the county designated by the school district board of education. I. Territory may be annexed to or detached from a technology center school district, in accordance with rules prescribed by the State Board of Career and Technology Education. If the State Board of Career and Technology Education requires the submission of a petition in order for an election to be called for the purpose of annexation or deannexation of territory to a technology center school district, such petition shall not be required to bear a number of technology center school district electors’ signatures which exceed fifty percent (50%) of the number of technology center school district electors who voted in the last school board election in the territory proposed to be annexed or deannexed. Provided, the period of time from which the petition is initiated to its time of filing with the State Board shall not exceed ninety (90) days. J. Schools of technology center school districts shall be subject to classification, inspection, and accreditation by the State Board of Education. K. The technology center school board of education may designate a county treasurer to serve as treasurer of the school district or may appoint an independent treasurer. L. Within four (4) years after the creation of a technology center school district, such school district may, at its discretion, permit a teacher to transfer any or all accrued benefits upon employment including credit for years of service in the previous school district by the technology center school district, if the teacher at the time of hiring is employed as a teacher by an independent or elementary school district which is all or partly within the boundaries of the technology center school district or is employed as a teacher in a skills center within the boundaries of the school district. M. The board of education of a technology center school district may convey surplus personal property without consideration to: 1. A school district that is within the boundary of the technology center school district; 2. A public school offering secondary level education which was created and is operated by this state and that is within the boundary of the technology center school district; 3. A technology center school district; or 4. The Oklahoma Department of Career and Technology Education for the support or delivery of department initiatives. N. The board of education of a technology center school district may, without prior approval of the State Board of Career and Technology Education, approve all plans and specifications for technology center school buildings, additions, and major modifications to school buildings that are designed to provide for the offering of vocational-technical education programs and services when the cost of the building project is to be paid with local levies or state bond monies or both local levies and state bond monies. Added by Laws 1971, c. 281, § 14-108, eff. July 2, 1971. Amended by Laws 1975, c. 134, § 1, emerg. eff. May 19, 1975; Laws 1979, c. 193, § 1, emerg. eff. May 17, 1979; Laws 1980, c. 93, § 1, emerg. eff. April 9, 1980; Laws 1982, c. 257, § 1, operative July 1, 1982; Laws 1988, c. 90, § 21, operative July 1, 1988; Laws 1990, c. 263, § 152, operative July 1, 1990; Laws 1991, c. 281, § 10, eff. July 1, 1991; Laws 1991, c. 335, § 25, emerg. eff. June 15, 1991; Laws 1999, c. 171, § 1, emerg. eff. May 21, 1999; Laws 2001, c. 33, § 97, eff. July 1, 2001; Laws 2002, c. 47, § 1, eff. July 1, 2002; Laws 2003, c. 50, § 1, eff. Nov. 1, 2003; Laws 2009, c. 235, § 1, eff. July 1, 2009; Laws 2010, c. 2, § 85, emerg. eff. March 3, 2010; Laws 2023, c. 326, § 1, eff. July 1, 2024. NOTE: Laws 1989, 1st Ex.Sess., c. 2, § 87 repealed by Laws 1991, c. 281, § 11, eff. July 1, 1991. Laws 1991, c. 3, § 18 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991. Laws 2009, c. 202, § 1 repealed by Laws 2010, c. 2, § 86, emerg. eff. March 3, 2010. §70-14-108.1. Employee health insurance plans. A. The board of education of each technology center school district in this state shall provide a health insurance plan for the employees of the technology center school district. Technology center school districts may obtain health and dental insurance coverage as provided for in the Oklahoma Employees Insurance and Benefits Act or may obtain other health insurance coverage. Any technology center district that does not participate in the health and dental insurance plans offered through the Oklahoma Employees Insurance and Benefits Act shall obtain health insurance coverage for the employees which provides open enrollment, and provide for the continuation of health insurance coverage, including supplemental Medicare insurance coverage, for those district employees who retire from said district after September 30, 1991, with a vested benefit in the Teachers' Retirement System of Oklahoma. A retired person who begins receiving benefits from the Teachers' Retirement System of Oklahoma after September 30, 1991, who retires from a technology center school district that provides other health insurance coverage, and who elects to continue said health insurance coverage shall pay to the technology center school district the premium rate for the health insurance minus an amount equal to the premium rate of the Medicare supplement or the amount determined pursuant to subsection (4) of Section 1316.3 of Title 74 of the Oklahoma Statutes, whichever is less, which shall be paid by the Teachers' Retirement System of Oklahoma to the technology center school district. The technology center school district shall remit to the health insurance coverage provider the total premium due less any uncollected amounts payable from retired technology center school district employees or their qualified survivors. B. A technology center school district that participates in health insurance coverage other than the health insurance plan offered by the Oklahoma Employees Insurance and Benefits Act shall not be required to pay any portion of the premium for the employees or the dependents of the employees of said school district. Unless a school district negotiates an agreement with its employees regarding health insurance pursuant to Sections 509.1 through 509.9 of this title, and to the extent that the agreement provides for the members of the recognized bargaining unit, a technology center school district that participates in health insurance coverage other than the health insurance plan offered by the Oklahoma Employees Insurance and Benefits Act is prohibited from acquiring additional or supplemental health or dental insurance for any board member, superintendent or any other employee which is not available to all employees of said district, and said technology center school district shall not pay a greater portion of the employee or dependent premium for any health or dental insurance plan or plans provided by said technology center school district on behalf of any board member, superintendent or employee than that portion paid on behalf of all participating employees of said district. C. If a technology center school district obtains health insurance coverage from a source other than through the Oklahoma Employees Insurance and Benefits Act, the employees of the technology center school district who would be eligible to participate in the health and dental plans may require the board of education of the technology center school district to call an election to allow said employees to vote as to whether the technology center school district shall participate in the health and dental insurance plans offered through the Oklahoma Employees Insurance and Benefits Act. Upon the filing with the board of education of a petition calling for such an election which is signed by no less than thirty percent (30%) of the eligible employees of the technology center school district, the board of education shall call an election for the purpose of determining whether the technology center school district shall participate in the health and dental insurance plans offered through the Oklahoma Employees Insurance and Benefits Act. The election shall be held within thirty (30) days of the filing of the petition. If a majority of those eligible employees voting at the election vote to participate in the health and dental insurance plans offered through the Oklahoma Employees Insurance and Benefits Act, the board of education of the technology center school district shall apply for such participation within thirty (30) days of the election. D. If a technology center school district does not have any health insurance coverage of the type required by this section, that technology center school district shall immediately be enrolled in the health and dental insurance plans offered through the Oklahoma Employees Insurance and Benefits Act. E. A carrier providing health insurance coverage for employees of a technology center school district health insurance group which replaces a previous carrier for such technology center school district employees shall provide coverage for each retired employee who is receiving a benefit or terminates employment with a vested benefit from the Teachers' Retirement System of Oklahoma and who is enrolled in the health insurance group by the previous carrier at the time the previous carrier providing health insurance coverage is replaced. Notwithstanding any provision in this section to the contrary, any person who retires pursuant to the provisions of the Teachers' Retirement System of Oklahoma prior to May 1, 1993, or terminates service with a vested benefit, pursuant to the provisions of the Teachers' Retirement System of Oklahoma prior to May 1, 1993, may continue to participate in the health and dental plans authorized by the provisions of the Oklahoma Employees Insurance and Benefits Act. F. In the event a technology center school district ceases to exist, the assets and duties of said technology center school district are transferred to one or more other technology center school districts, said other technology center school district or districts do not agree to employ all of the former employees of the technology center school district that is ceasing to exist, and said former employees who are not being reemployed have rights under federal or state law to continue group insurance coverage, the annexing technology center school district having the largest general fund revenue for the most recent preceding fiscal year for which data is available shall provide group insurance coverage to said former employees not being retained during the period as required by law. Added by Laws 1988, c. 165, § 2, operative July 1, 1988. Amended by Laws 1991, c. 219, § 2, emerg. eff. May 22, 1991; Laws 1993, c. 359, § 2, eff. July 1, 1993; Laws 2001, c. 33, § 98, eff. July 1, 2001; Laws 2024, c. 245, § 1, eff. Nov. 1, 2024. §70-14-108.2. Agricultural education programs. A. Agricultural education programs shall be provided by comprehensive school districts. The Oklahoma Department of Career and Technology Education shall determine the grade levels that may be offered agricultural education programs. Technology center school districts shall be prohibited from operating agricultural education programs or FFA chapters in any location. B. Each student enrolled in an agricultural education program shall participate in a supervised agricultural experience project. C. For each agricultural education program which is funded by the Oklahoma Department of Career and Technology Education, the local school district shall provide transportation services for agricultural-education-program- and FFA-program-related duties and activities. Added by Laws 2014, c. 31, § 1, emerg. eff. April 9, 2014. Amended by Laws 2015, c. 16, § 1, eff. July 1, 2015; Laws 2015, c. 121, § 1, eff. July 1, 2015; Laws 2024, c. 160, § 1, eff. July 1, 2024. §70-14-109. Technology center school districts - Special building project account. A. If required to do so as a prerequisite to the receipt of federal funds for a building project, the board of education of a technology center school district may establish a special account to be used for payment of the cost of the building project. Federal and state funds received for the building project may be deposited in the special account. Monies from the following sources, if available for the payment of the cost of the building project, may also be deposited in the special account: bond issues, levies for a building fund under Section 10 of Article X, Oklahoma Constitution and appropriations for capital outlay in the general fund of the district. B. The board of education shall estimate the total amount to be deposited in or transferred to the aforesaid building project account, and may issue warrants against the account for the payment of the cost of the building project. The total amount of such warrants shall not exceed the estimate of the board of education of the total amount to be deposited in or transferred to the account. If there shall be an insufficient amount in the building project account to pay a warrant, the warrant shall bear interest at a rate to be fixed by the board of education, not to exceed six percent (6%) per annum, from the date of issuance until paid. C. For the purposes of this section, the cost of a building project shall include expenditures for sites, for the construction of buildings, and for equipment, furniture and fixtures. D. The State Board of Career and Technology Education shall adopt such rules as it deems necessary to make the provisions of this section effective. Added by Laws 1971, c. 281, § 14-109, eff. July 2, 1971. Amended by Laws 2001, c. 33, § 99, eff. July 1, 2001. §70-14-110. Technology center school districts and independent school districts - Separate boards - Existing boards - Election procedure. A. If the territory comprising an independent school district has been established by the State Board of Career and Technology Education as a technology center school district, and the boundaries of each are coterminous, the board of education of the technology center school district shall be separate from the board of education of the independent school district and no member of either board shall be eligible to serve on the other. B. Existing boards of education of technology center school districts which are comprised of members of the board of education of an independent school district with coterminous boundaries shall be dissolved by the State Board of Career and Technology Education, and the offices of the members of such boards shall become vacant on the first Monday in June, 1982. The State Board of Career and Technology Education shall establish election districts for such a technology center school district which shall have boundaries coterminous with the election districts of the independent school district and which shall be numbered identically to the election districts of the independent school district. C. A separate board of education shall be created for such a technology center school district and its members elected in the manner prescribed by the rules of the State Board of Career and Technology Education except as hereafter provided: 1. The Governor shall appoint members to those offices of the board of education of such a technology center school district which will become vacant on the first Monday in June, 1982, to staggered terms as follows: a. two members shall be appointed to a term of one (1) year. Each of these offices shall become vacant on the first Monday in June, 1983, b. two members shall be appointed to a term of two (2) years. Each of these offices shall become vacant on the first Monday in June, 1984, c. two members shall be appointed to a term of three (3) years. Each of these offices shall become vacant on the first Monday in June, 1985, and d. one member shall be appointed to a term of four (4) years. This office shall become vacant on the first Monday in June, 1986; 2. Upon the expiration of the term of an office of the board of education of a technology center school district prior to the expiration of the term of an office of the board of education of the independent school district in a coterminous election district, the Governor shall appoint a board member to the office of the technology center school district for the number of years necessary to establish a coterminous term between the board members of the technology center school board and the independent school district in the coterminous election district; 3. Thereafter, as the office of each member appointed to the board of education of the technology center school district becomes vacant, it shall be filled by a member elected as prescribed by the rules of the State Board of Career and Technology Education except as herein provided; 4. Elections of members to the board of education of the technology center school district shall be held on the same day as elections are held for election of members to the independent school district; 5. One member shall be elected from each election district by the voters of that election district; and 6. The term of office of each member elected to the board of education of the technology center school district shall be four (4) years. Added by Laws 1971, c. 281, § 14-110, eff. July 2, 1971. Amended by Laws 1982, c. 91, § 1, emerg. eff. April 1, 1982; Laws 1983, c. 12, § 1, emerg. eff. March 23, 1983; Laws 2001, c. 33, § 100, eff. July 1, 2001. §70-14-111. Repealed by Laws 1974, c. 152, § 4, emerg. eff. May 3, 1974. §70-14-111A. Nondegree instructors in vocational and technical education programs - Increments. Nondegree instructors in vocational and technical education who are employed in a full-time, approved, reimbursed program for vocational and technical education shall qualify for yearly increments the same as any other teacher in the public schools. Added by Laws 1974, c. 152, § 1, emerg. eff. May 3, 1974. §70-14-112. Agency for state. The State Board of Career and Technology Education is hereby specifically designated as the agency of this state to cooperate and deal with any officer, board, or authority of the United States Government which may require or recommend cooperation with any state board of vocational and technical education. The Board, unless otherwise provided specifically by law, shall have no authority to use or pledge funds of the state for cooperation without approval by the Governor of the state. Added by Laws 1971, c. 281, § 14-112, eff. July 2, 1971. Amended by Laws 2001, c. 33, § 101, eff. July 1, 2001. §70-14-113. Citation. This act may be cited as the "Displaced Homemakers Act". Added by Laws 1978, c. 94, § 1, eff. July 1, 1978. §70-14-114. Legislative findings, purpose and intent. The Legislature hereby finds and declares that there is an ever- increasing number of persons in this state who, having fulfilled a role as homemaker, find themselves "displaced" in their middle years through divorce, death of spouse or other loss of family income; as a consequence, displaced homemakers are very often without any source of income; they are ineligible for categorical welfare assistance; they are subject to the highest unemployment rate of any sector of the work force; they face continuing discrimination in employment because they are often older and have no recent paid work experience; they are ineligible for unemployment insurance because they have been engaged in unpaid labor in the home; they are ineligible for social security because they are too young, and for many, they will never qualify for social security because they have been divorced from the family wage earner; they have often lost their rights as beneficiaries under employers' pension and health plans through divorce or death of spouse, despite many years of contribution to the family well-being; and they are most often ineligible for Medicaid and are generally unacceptable to private health insurance plans because of their age. The Legislature further finds and declares that homemakers are an unrecognized part of the work force who make an invaluable contribution to the welfare of the society as a whole. It is the intention of the Legislature in enacting this chapter to provide the necessary counseling, training, jobs, services and support programs for displaced homemakers so that they may enjoy the independence and economic security vital to a productive life and to improve the welfare of this ever-growing group of citizens. Added by Laws 1978, c. 94, § 2, eff. July 1, 1978. §70-14-115. Definitions. As used in this act: 1. Board means the State Board of Career and Technology Education; 2. Superintendent means the superintendent of the technology center school designated as the pilot multipurpose service center for displaced homemakers; 3. Center means the pilot multipurpose service center for displaced homemakers; and 4. Displaced homemaker means an individual who: a. has worked without pay as a homemaker for his or her family, and who has reached the age of thirty-five (35) years or older, b. is not gainfully employed, c. has had, or would have, difficulty finding employment, and d. (1) has depended on the income of a family member and has lost that income, or (2) has depended on government assistance as the parent of dependent children, but who is no longer eligible for such assistance. Added by Laws 1978, c. 94, § 3, eff. July 1, 1978. Amended by Laws 2001, c. 33, § 102, eff. July 1, 2001. §70-14-116. Pilot multipurpose service center. The Board shall establish a pilot multipurpose service center for displaced homemakers in a suitable technology center school with adequate facilities. The Board shall designate the technology center school which is to serve as the pilot multipurpose service center for displaced homemakers. The superintendent of the designated technology center school shall hire the personnel and administer the program for the pilot project. The superintendent is authorized to contract with or make grants to private nonprofit agencies or organizations to carry out the various programs of the centers as enumerated in this act. Added by Laws 1978, c. 94, § 4, eff. July 1, 1978. Amended by Laws 2001, c. 33, § 103, eff. July 1, 2001. §70-14-117. Location of center - Criteria. A. In selecting the site for the center, the Board shall consider the following criteria: 1. Accessibility to substantial displaced homemaker population; 2. Suitability of vocational and technical training programs; 3. Availability of child care programs and services; 4. Availability of support services or programs in the community or surrounding areas; and 5. Accessibility to a variety of educational or training programs. B. To the greatest extent possible, the staff of the service center, including supervisory, technical and administrative positions, shall be filled by displaced homemakers. Added by Laws 1978, c. 94, § 5, eff. July 1, 1978. §70-14-118. Funds. The Board, superintendent and director of the center shall explore all possible sources of funding and in-kind contributions from federal, local and private sources in establishing and enhancing the center and its programs. Added by Laws 1978, c. 94, § 6, eff. July 1, 1978. §70-14-119. Job-counseling and job-training programs. The center shall establish the following programs: 1. Job-counseling program for displaced homemakers which shall be specifically designed for the person reentering the job market after a number of years as a homemaker. The counseling will take into consideration, and build upon, the skills and experiences of a homemaker. Peer counseling and job readiness as well as skill updating and development shall be emphasized; and 2. Job-training program for displaced homemakers in which the staff at the center shall work with local government agencies and private employers to develop training programs for available jobs in the public and private sectors. Added by Laws 1978, c. 94, § 7, eff. July 1, 1978. §70-14-120. Center staff - Responsibilities and duties. Center staff shall be responsible for assisting the trainee in finding permanent employment. To this end, the superintendent and the center staff shall work with the Oklahoma Employment Security Commission and the service delivery areas under the Job Training Partnership Act of 1982 in the area of the center to secure employment for displaced homemakers and/or training stipends for displaced homemakers. The center staff and the superintendent shall also work to determine the feasibility and appropriate procedures for allowing displaced homemakers to participate in the following: 1. Programs established under the Job Training Partnership Act of 1982 29 U.S.C., Section 1501, et seq.; 2. Work incentive programs established under the Federal Social Security Act; 3. Programs established or benefits provided under federal and state unemployment compensation laws by consideration of full-time homemakers as workers eligible for such benefits or programs; 4. The Federal-State Expanded Unemployment Compensation Act of 1970 26 U.S.C., Section 3304, Note; 5. Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 26 U.S.C., Section 3304, Note; 6. The Emergency Unemployment Compensation Act of 1974 26 U.S.C., Section 3304, Note; and 7. Related federal and state employment, education, health and unemployment assistance programs. Amended by Laws 1986, c. 207, § 62, operative July 1, 1986; Laws 1989, c. 313, § 12, operative July 1, 1989. §70-14-121. Service programs. The center shall include, but not be limited to, the following service programs for displaced homemakers: 1. Money management courses, including information and assistance in dealing with insurance programs, life, health, home and car, taxes, mortgages, loans and probate problems; and 2. Educational programs, including courses offering credit through higher educational institutions or leading toward a high school equivalency degree. Support services shall be established which are designed to supplement the usual academic course offerings and training programs with classes aimed toward older persons to improve their employment capabilities. Added by Laws 1978, c. 94, § 9, eff. July 1, 1978. §70-14-122. Regulations concerning eligibility for service programs. The superintendent, in consultation with the director of the service center, shall establish regulations concerning the eligibility of persons for the job training and other programs of the multipurpose service center, the level of stipends, if any, for the job training programs, and such other matters as the superintendent deems necessary to carry out the purpose of this act. Added by Laws 1978, c. 94, § 10, eff. July 1, 1978. §70-14-123. Evaluation of programs - Reports. A. The superintendent shall require the center staff to evaluate the effectiveness of the job training, placement and service components of the center. Such evaluation shall include the number of persons trained, the number of persons placed in employment, follow-up data on such persons, the number of persons served by the various service programs and cost effectiveness of the various components of the center. B. The superintendent shall compile the evaluation into a written report for the Legislature to determine the feasibility of extending the pilot program to other areas of the State of Oklahoma. The evaluation report shall be filed no later than July 1, 1979. Added by Laws 1978, c. 94, § 11, eff. July 1, 1978. §70-14-124. Correctional institutions - Administration, supervision and instruction of vocational training programs. The State Board of Career and Technology Education is hereby directed to assume the administrative, supervisory and instructional operations of all vocational training programs in correctional institutions for which it receives funds. Added by Laws 1980, c. 217, § 6, eff. May 30, 1980. Amended by Laws 1986, c. 258, § 10, operative July 1, 1986; Laws 2001, c. 33, § 104, eff. July 1, 2001. §70-14-125. Stringtown Correctional Center - Transfer of administration, supervision, and operation. The administration, supervision, and operation of the Vocational Training Program and School located at the Stringtown Correctional Center is hereby transferred from the Department of Human Services to the State Board of Career and Technology Education. All property, records, and personnel of said center are hereby transferred to the State Board of Career and Technology Education. Added by Laws 1983, c. 247, § 11, operative July 1, 1983. Amended by Laws 2001, c. 33, § 105, eff. July 1, 2001. §70-14-125.1. Employees of Stringtown Correctional Center - Retirement benefits. Employees of the Vocational Training Program and School located at the Stringtown Correctional Center who are members of the Oklahoma Public Employees Retirement System and are being transferred from the Department of Human Services to the State Board of Career and Technology Education shall cease accruing benefits in the Oklahoma Public Employees Retirement System and shall commence accruing benefits pursuant to the Teachers' Retirement System on July 1, 1983. On January 1, 1984, the Oklahoma Public Employees Retirement System shall transfer to the Teachers' Retirement System the actual amount contributed to the Oklahoma Public Employees Retirement System by the state and by each employee of the Vocational Training Program and School located at the Stringtown Correctional Center transferring to the Teachers' Retirement System and the retirement records of those transferring employees. Service accrued by said employees pursuant to the provisions of the Oklahoma Public Employees Retirement System shall be treated as credited service in the Teachers' Retirement System. Added by Laws 1983, c. 247, § 12, operative July 1, 1983. Amended by Laws 2001, c. 33, § 106, eff. July 1, 2001. §70-14-126. Consultant services - Contracts with retired administrators. No administration of a technology center school district shall enter into a contract for consultant services with any person who has retired from employment as an administrator with any technology center school district for two (2) years after the retirement date of such administrator. Nothing in this section shall prohibit a board of education of a technology center school district from employing as a substitute teacher, a person who has retired as an administrator or teacher with a technology center school district within two (2) years after the retirement date of the person. Added by Laws 1988, c. 128, § 2, emerg. eff. April 12, 1988. Amended by Laws 2001, c. 33, § 107, eff. July 1, 2001. §70-14-127. Youth apprenticeship program guidelines. A. The Oklahoma Legislature, recognizing the need for improved methods of helping secondary students make a smooth transition from high school to the workplace, hereby establishes guidelines for youth apprenticeship programs. B. Youth apprenticeship programs shall be defined as learning programs for young people enrolled in vocational education that combine on-the-job learning with classroom instruction, that offer a bridge between secondary and post high school training and education, and that result in certification of mastery of work skills. C. Youth apprenticeship programs shall be administered and supervised by the State Board of Career and Technology Education, which shall also establish standards for program operation. D. Notwithstanding any other section of law, youth apprenticeship programs shall not mean any traditional apprenticeship program registered by the Bureau of Apprenticeship and Training, United States Department of Labor. Added by Laws 1993, c. 144, § 2, eff. April 1, 1993. Amended by Laws 2001, c. 33, § 108, eff. July 1, 2001. §70-14-128. Oklahoma Youth Apprenticeship Committee - Members - Quorum. A. There is hereby created the Oklahoma Youth Apprenticeship Committee. The committee shall be appointed by the State Board of Career and Technology Education within thirty (30) days of the effective date of this act and shall consist of thirteen (13) members as follows: 1. The Director of the Oklahoma Department of Career and Technology Education or designee who shall also serve as committee chair; 2. The State Superintendent of Public Instruction or designee; 3. The Chancellor of Higher Education or designee; 4. One superintendent of a technology center school district; 5. One superintendent of an independent school district; 6. One president of a state community or junior college; 7. Two members who represent the interests of labor, including one who represents the Bureau of Apprenticeship Training of the United States Department of Labor; 8. Four members who are currently employed in business or industry; and 9. One member who represents a city chamber of commerce. B. Seven members of the committee shall constitute a quorum. A quorum must be present to transact any business of the committee. The committee is advisory in nature and shall meet as necessary to provide recommendations to the State Board of Career and Technology Education related to the administration of and standards for youth apprenticeship programs. The members of the committee shall be reimbursed for travel expenses incurred in performing official duties in accordance with the provisions of the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes. Added by Laws 1993, c. 144, § 3, eff. April 1, 1993. Amended by Laws 2001, c. 33, § 109, eff. July 1, 2001. §70-14-129. Rules. The State Board of Career and Technology Education shall promulgate rules to implement the provisions of this act. Added by Laws 1993, c. 144, § 4, eff. April 1, 1993. Amended by Laws 2001, c. 33, § 110, eff. July 1, 2001. §70-14-130. State Board of Career and Technology Education. A. On July 1, 2014, all powers, duties, functions, and responsibilities of the State Board of Education that relate to adult education shall be transferred to the State Board of Career and Technology Education. The transfer shall include all equipment, supplies, records, assets, current and future liabilities, fund balances, encumbrances, obligations, and indebtedness associated with the State Board of Education that relate to adult education. B. Any monies accruing to or in the name of the State Board of Education on and after the effective date of this act that relate to adult education, or any monies that accrue in any funds or accounts or are maintained for the benefit of the State Board of Education on and after the effective date of this act that relate to adult education shall be transferred to the State Board of Career and Technology Education. C. The State Board of Career and Technology Education shall succeed to any contractual rights and responsibilities incurred by the State Board of Education. D. The Director of the Office of Management and Enterprise Services is hereby directed to coordinate the transfer of funds, allotments, purchase orders, and outstanding financial obligations or encumbrances as provided for in this section. Added by Laws 2014, c. 164, § 3, eff. July 1, 2014. §70-14-131. Administrative rules - Distribution of funds. A. Effective July 1, 2014, all administrative rules promulgated by the State Board of Education that relate to adult education programs shall be transferred to and become a part of the administrative rules of the State Board of Career and Technology Education. The Office of Administrative Rules in the Secretary of State's office shall provide adequate notice in the Oklahoma Register of the transfer of such rules, and shall place the transferred rules under the Administrative Code section of the State Board of Career and Technology Education. Such rules shall continue in force and effect as rules of the office of the State Board of Career and Technology Education from and after July 1, 2014, and any amendment, repeal or addition to the transferred rules shall be under the jurisdiction of the State Board of Career and Technology Education. B. The State Board of Career and Technology Education shall adopt and promulgate rules and standards for adult education programs and distribution of funds to school districts and organizations which offer adult education services in this state. Added by Laws 2014, c. 164, § 4, eff. July 1, 2014. §70-14-132. Agreements and contracts for services. A. The State Board of Career and Technology Education is hereby authorized and directed to enter into agreements and to contract for the provision of adult education, assessment and other services for courses leading to a high school equivalency diploma. Any adult education program providing services pursuant to a contract or subcontract with the State Board of Career and Technology Education and receiving funds from the State Board of Career and Technology Education or any contractor with the State Board of Career and Technology Education shall be subject to the provisions of the administrative rules of the State Board of Career and Technology Education. B. The Department of Education and the Oklahoma Department of Career and Technology Education shall share the responsibility for issuing diplomas to those who successfully complete a high school equivalency test, pursuant to criteria established by the State Board of Education. C. The State Board of Career and Technology Education is hereby authorized to outline the eligibility criteria and requirements for individuals twenty-one (21) years of age and older seeking to obtain a high school equivalency diploma based on their work experience and educational attainment. Added by Laws 2014, c. 164, § 5, eff. July 1, 2014. Amended by Laws 2015, c. 360, § 2, eff. July 1, 2015; Laws 2024, c. 91, § 1, eff. Nov. 1, 2024. §70-14-133. Adult Education Revolving Fund. There is hereby created in the State Treasury a revolving fund for the State Board of Career and Technology Education to be designated the "Adult Education Revolving Fund". The fund shall consist of fees paid to the Board for the oversight and management of the high school equivalency test as administered by the Board pursuant to law. The revolving fund shall be a continuing fund, not subject to fiscal year limitations, and shall be under the control and management of the administrative authority of the State Board of Career and Technology Education. Expenditures from the fund shall be made to maintain the high school equivalency testing process. Warrants for expenditure shall be drawn by the State Treasurer on claims by an authorized employee of the State Board of Career and Technology Education and approved by the Director of the Office of Management and Enterprise Services. Added by Laws 2014, c. 164, § 6, eff. July 1, 2014. Amended by Laws 2015, c. 360, § 3, eff. July 1, 2015. §70-14-134. Tuition waivers for children of persons killed in the line of duty. A. Within the system of career technology districts, no resident tuition or nonresident tuition shall be charged to the: 1. Children of Oklahoma peace officers as defined by Section 648 of Title 21 of the Oklahoma Statutes who have given their lives in the line of duty; 2. Children of Oklahoma firefighters who have given their lives in the line of duty; 3. Children of members of the Oklahoma Law Enforcement Retirement System who have given their lives in the line of duty or whose disability is by means of personal and traumatic injury of a catastrophic nature, as defined by Section 2-300 of Title 47 of the Oklahoma Statutes, and occurred in the line of duty; and 4. Children of Oklahoma emergency medical technicians who have given their lives in the line of duty. B. Such waiver of resident tuition and nonresident tuition shall be limited to a period of five (5) years. C. Such waiver of resident tuition or nonresident tuition to the children of deceased peace officers and to the children of deceased firefighters as provided for in this section shall be a service benefit of each Oklahoma peace officer and Oklahoma firefighter. D. For purposes of this section: 1. "Firefighter" means a volunteer firefighter or a permanent salaried professional member of any fire department within the State of Oklahoma; and 2. "Emergency medical technician" means a person volunteering or employed as an emergency medical technician and who is licensed as an emergency medical technician pursuant to Section 1-2505 of Title 63 of the Oklahoma Statutes. Added by Laws 2014, c. 133, § 1, eff. Nov. 1, 2014. NOTE: Editorially renumbered from § 14-130 of this title to avoid a duplication in numbering. §70-14-134.1. Fee waivers for children of persons killed in the line of duty. A. Within the system of career technology districts, no fees shall be charged to: 1. Children of Oklahoma peace officers as defined by Section 648 of Title 21 of the Oklahoma Statutes who have given their lives in the line of duty; 2. Children of Oklahoma firefighters who have given their lives in the line of duty; 3. Children of commissioned members of the Oklahoma Law Enforcement Retirement System, who have given their lives in the line of duty; and 4. Children of Oklahoma emergency medical technicians who have given their lives in the line of duty. B. Such waiver of fees shall be limited to a period of five (5) years. C. Such waiver of fees shall be a service benefit of a commissioned member of the Oklahoma Law Enforcement Retirement System. D. For purposes of this section: 1. "Firefighter" means a volunteer firefighter or a permanent salaried professional member of any fire department within the State of Oklahoma; and 2. "Emergency medical technician" means a person volunteering or employed as an emergency medical technician and who is licensed as an emergency medical technician pursuant to Section 1-2505 of Title 63 of the Oklahoma Statutes. Added by Laws 2024, c. 382, § 3, eff. Nov. 1, 2024. §70-14-135. Career-readiness assessments and assessment-based credentials. Subject to the availability of funds, beginning with the 2019- 2020 school year, the Oklahoma Department of Commerce, in cooperation with the State Department of Education and the Commission for Educational Quality and Accountability, shall review and approve career-readiness assessments and assessment-based credentials that measure and document foundational workplace skills. Beginning with the 2019-2020 school year, the assessments shall be made available to all public school districts to be administered to students at the discretion of each school district's administration. The assessment-based credential shall be available to any student who achieves the prescribed level on the required assessments. If the public school district chooses to administer the assessments, the assessments shall be administered at least once to each student who chooses to take the assessment at no cost to the student. The assessments shall: 1. Be a standardized, criterion-referenced measure of broadly relevant foundational workplace skills; 2. Assess and document student readiness for a wide range of jobs; 3. Measure skills in the following areas, including but not limited to: a. applied mathematics, b. workplace documents, c. graphic literacy, or d. critical thinking and leadership collaboration; 4. Align with research-based skill requirement profiles for specific industries and occupations; 5. Lead to nationally recognized work-readiness certificates or credentials for students who meet the minimum proficiency requirements on the component assessments; and 6. Be available in paper- and computer-based formats. Added by Laws 2019, c. 419, § 1, eff. July 1, 2019. §70-14-136. Hydrogen energy courses. A. The State Board of Career and Technology Education may establish courses in the area of hydrogen energy. The courses may include but are not limited to the following topics: 1. Hydrogen energy basics; 2. Hydrogen energy-related equipment manufacturing and maintenance; 3. Hydrogen energy infrastructure; and 4. Hydrogen energy safety. B. The State Board of Career and Technology Education may consult the Oklahoma Department of Commerce and the Department of Labor in establishing courses that meet the workforce needs of the hydrogen energy sector in this state. Added by Laws 2022, c. 15, § 1, eff. July 1, 2022. §70-14-140. Short title - Oklahoma National Guard CareerTech Assistance Act - Program creation - Eligibility - Application. A. This act shall be known and may be cited as the “Oklahoma National Guard CareerTech Assistance Act”. B. As used in this act: 1. “Technology center school” means a technology center school under the governance of the State Board of Career and Technology Education; 2. “Eligible Guard member” means a current member of the Oklahoma National Guard in good standing who has a high school diploma or who has completed General Educational Development (GED) requirements and who has enrolled in a technology center school; and 3. “Program” means the Oklahoma National Guard CareerTech Assistance Program established pursuant to the provisions of this section. C. 1. There is hereby created the Oklahoma National Guard CareerTech Assistance Program to provide assistance to eligible Guard members who enroll in a technology center school. Subject to the availability of funds, the amount of assistance shall be equivalent to the amount of tuition for a career and technology program in which the eligible Guard member is enrolled leading to certification or licensure, not to exceed a maximum of three (3) years. 2. Assistance provided pursuant to this section shall be granted without any limitation other than the amount of funds available for the program and the number of eligible Guard members who apply, subject to any cap established by the Military Department of the State of Oklahoma. 3. Assistance allowed by this section shall not be allowed for courses taken in excess of the requirements for completion of a technology center school program leading to certification or licensure. D. Assistance provided pursuant to this section shall be allocated to the technology center school from the Oklahoma National Guard CareerTech Assistance Revolving Fund created pursuant to Section 2 of this act. E. To be eligible to apply for the program, an eligible Guard member shall: 1. Have at least one (1) year remaining on his or her enlistment contract at the beginning of any semester for which the member applies for assistance pursuant to this section; 2. Agree in writing to complete his or her current service obligation in the Oklahoma National Guard; and 3. Agree in writing to serve actively in good standing with the Oklahoma National Guard for not less than twenty-four (24) months after completion of the last semester for which the member receives assistance pursuant to this section. F. To retain eligibility for the program, an eligible Guard member shall: 1. Maintain good academic standing and satisfactory progress according to standards of the technology center school in which the member is enrolled; 2. Maintain the requirements for retention and completion as established by the technology center school in which the member is enrolled; 3. Maintain a minimum grade point of average of 2.0 on a 4.0 scale; 4. Maintain satisfactory participation in the Oklahoma National Guard; and 5. Possess a Military Occupational Specialty (MOS) or Air Force Specialty Code (AFSC) after his or her first semester. G. An eligible Guard member seeking assistance pursuant to the provisions of this section shall submit an application on a form prescribed by the Military Department of the State of Oklahoma to the Educational Service Office of the Military Department prior to the semester for which assistance is sought. The eligible Guard member’s Commander or his or her designee shall confirm a member’s standing and eligibility to the technology center school in which the student is enrolled. The Military Department may establish a cap on the number of eligible Guard members allowed to participate per semester per technology center school program. H. The eligible Guard member’s Commander may deny an application submitted by an eligible Guard member for continued program assistance if he or she fails to comply with the provisions of paragraph 1, 2, 3, 4, or 5 of subsection F of this section. I. An eligible Guard member seeking assistance pursuant to this section who is eligible for federal education benefits for vocational training shall exhaust all such federal benefits, when available, first. J. An eligible Guard member who has received program assistance pursuant to the provisions of this section and who fails to comply with the provisions of paragraph 4 of subsection F of this section shall be required to repay an amount to be calculated as follows: 1. Determine the total amount of assistance provided pursuant to the provisions of this section; 2. Divide the amount determined in paragraph 1 of this subsection by twenty-four (24); and 3. Multiply the amount determined in paragraph 2 of this subsection by the number of months the member did not fulfill the requirements of paragraph 4 of subsection F of this section. Repayments shall be deposited into the Oklahoma National Guard CareerTech Assistance Revolving Fund created pursuant to Section 2 of this act. K. An eligible Guard member who has received program assistance pursuant to the provisions of this section and who fails to comply with the provisions of paragraph 4 of subsection F of this section due to hardship circumstances may request a waiver from repayment. A waiver request shall be submitted in writing to the Adjutant General. L. By July 1 annually, the State Board of Career and Technology Education shall notify the Adjutant General of the amount of funding available in the Oklahoma National Guard CareerTech Assistance Revolving Fund created pursuant to Section 2 of this act. M. The State Board of Career and Technology Education shall promulgate rules to implement the provisions of this act including deadlines for submission of applications required by subsection G of this section. The Military Department of the State of Oklahoma shall promulgate regulations pertaining to the application process and the determination of eligibility for the program. The Board and the Department shall coordinate the promulgation of rules and regulations, respectively. The Adjutant General may promulgate regulations to implement the provisions of this act. Added by Laws 2025, c. 390, § 1, eff. July 1, 2025. §70-14-141. Oklahoma National Guard CareerTech Assistance Revolving Fund. There is hereby created in the State Treasury a revolving fund for the State Board of Career and Technology Education to be designated the “Oklahoma National Guard CareerTech Assistance Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Board of Career and Technology Education from state appropriations provided for the purpose of implementing the provisions of Section 1 of this act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Board of Career and Technology Education for the purpose of providing assistance to eligible Guard members pursuant to the provisions of Section 1 of this act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. Added by Laws 2025, c. 390, § 2, eff. July 1, 2025. §70-14-142. Short title - Oklahoma National Guard CareerTech Assistance Act - Program creation - Eligibility - Application. A. Sections 20 through 22 of this act shall be known and may be cited as the "Oklahoma National Guard CareerTech Assistance Act". B. As used in this act: 1. "Technology center school" means a technology center school under the governance of the State Board of Career and Technology Education; 2. "Eligible Guard member" means a current member of the Oklahoma National Guard in good standing who has a high school diploma or who has completed General Educational Development (GED) requirements and who has enrolled in a technology center school; and 3. "Program" means the Oklahoma National Guard CareerTech Assistance Program established pursuant to the provisions of this section. C. 1. There is hereby created the Oklahoma National Guard CareerTech Assistance Program to provide assistance to eligible Guard members who enroll in a technology center school. Subject to the availability of funds, the amount of assistance shall be equivalent to the amount of tuition for a career and technology program in which the eligible Guard member is enrolled leading to certification or licensure, not to exceed a maximum of three (3) years. 2. Assistance provided pursuant to this section shall be granted without any limitation other than the amount of funds available for the program and the number of eligible Guard members who apply, subject to any cap established by the Military Department of the State of Oklahoma. 3. Assistance allowed by this section shall not be allowed for courses taken in excess of the requirements for completion of a technology center school program leading to certification or licensure. D. Assistance provided pursuant to this section shall be allocated to the technology center school from the Oklahoma National Guard CareerTech Assistance Revolving Fund created pursuant to this section. E. To be eligible to apply for the program, a Guard member shall: 1. Have at least one (1) year remaining on his or her enlistment contract at the beginning of any semester for which the member applies for assistance pursuant to this section; 2. Agree in writing to complete his or her current service obligation in the Oklahoma National Guard; and 3. Agree in writing to serve actively in good standing with the Oklahoma National Guard for not less than twenty-four (24) months after completion of the last semester for which the member receives assistance pursuant to this section. F. To retain eligibility for the program, an eligible Guard member shall: 1. Maintain good academic standing and satisfactory progress according to standards of the technology center school in which the member is enrolled; 2. Maintain the requirements for retention and completion as established by the technology center school in which the member is enrolled; 3. Maintain a minimum grade point average of 2.0 on a 4.0 scale; 4. Maintain satisfactory participation in the Oklahoma National Guard; and 5. Possess a Military Occupational Specialty (MOS) or Air Force Specialty Code (AFSC) after his or her first semester. G. An eligible Guard member seeking assistance pursuant to the provisions of this section shall submit an application on a form prescribed by the Military Department of the State of Oklahoma to the Educational Service Office of the Military Department prior to the semester for which assistance is sought. The eligible Guard member's Commander or his or her designee shall confirm a member's standing and eligibility to the technology center school in which the student is enrolled. The Military Department may establish a cap on the number of eligible Guard members allowed to participate per semester per technology center school program. H. The eligible Guard member's Commander may deny an application submitted by an eligible Guard member for continued program assistance if he or she fails to comply with the provisions of paragraph 1, 2, 3, 4, or 5 of subsection F of this section. I. An eligible Guard member who has received program assistance pursuant to the provisions of this section and who fails to comply with the provisions of paragraph 4 of subsection F of this section shall be required to repay an amount to be calculated as follows: 1. Determine the total amount of assistance provided pursuant to the provisions of this section; 2. Divide the amount determined in paragraph 1 of this subsection by twenty-four (24); and 3. Multiply the amount determined in paragraph 2 of this subsection by the number of months the member did not fulfill the requirements of paragraph 4 of subsection F of this section. Repayments shall be deposited into the Oklahoma National Guard CareerTech Assistance Revolving Fund created pursuant to Section 22 of this act. J. An eligible Guard member who has received program assistance pursuant to the provisions of this section and who fails to comply with the provisions of paragraph 4 of subsection F of this section due to hardship circumstances may request a waiver from repayment. A waiver request shall be submitted in writing to the Adjutant General. K. By July 1 annually, the State Board of Career and Technology Education shall notify the Adjutant General of the amount of funding available in the Oklahoma National Guard CareerTech Assistance Revolving Fund created pursuant to Section 22 of this act. L. The State Board of Career and Technology Education shall promulgate rules to implement the provisions of this act, including deadlines for submission of applications required by subsection G of this section. The Military Department of the State of Oklahoma shall promulgate rules and regulations pertaining to the application process and the determination of eligibility for the program. The Board and the Department shall coordinate the promulgation of rules and regulations, respectively. The Adjutant General may promulgate regulations to implement the provisions of this act. Added by Laws 2025, c. 344, § 20, eff. Nov. 1, 2025. NOTE: Editorially renumbered from § 14-140 of this title to avoid duplication in numbering. §70-14-142.1. Transfer of education assistance to dependents. A. Subject to the provisions of this section, the Adjutant General may permit a qualifying member described in Section 18 of this act who is entitled to education assistance under this act to elect to transfer to one or more of the dependents specified in subsection C of this section a portion of such individual's entitlement to such assistance, subject to the limitation under subsection D of this section. B. An individual referred to in subsection A of this section is any member of the uniformed services who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, has completed at least: 1. Six (6) years of service in the Oklahoma National Guard and enters into an agreement to serve at least four (4) more years as a member of the uniformed services; or 2. The years of service as determined in regulations pursuant to subsection J of this section. C. Eligible dependents. 1. An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement to an eligible dependent or a combination of eligible dependents. 2. For purposes of this subsection, the term "eligible dependent" has the meaning given the term "dependent" under subparagraphs A, D, and I of Section 1072(2) of Title 10 of the United States Code. D. Limitation of months of transfer. The total number of months of entitlement transferred by an individual under this section may not exceed thirty-six (36) months. The Adjutant General may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than eighteen (18) months. E. Designation of transferee. An individual transferring an entitlement to education assistance under this section shall: 1. Designate the dependent or dependents to whom such entitlement is being transferred; and 2. Designate the number of months of such entitlement to be transferred to such dependent. F. Time for transfer; revocation and modification: 1. Subject to the time limitation for use of entitlement under this act, and except as provided in subsection K or L of this section, an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Oklahoma National Guard when the transfer is executed. 2. An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this subsection shall be made by the submittal of written notice of the action to the Adjutant General and Governor. 3. Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding. G. A dependent to whom entitlement to educational assistance is transferred under this section may not commence the use of the transferred entitlement until: 1. In the case of entitlement transferred to a spouse, the completion by the individual making the transfer of at least: a. six (6) years of service in the National Guard, or b. the years of service as determined in regulations pursuant to subsection J of this section; or 2. In the case of entitlement transferred to a child, both: a. the completion by the individual making the transfer of at least: (1) six (6) years of service in the National Guard, or (2) the years of service as determined in regulations pursuant to subsection J of this section, or b. either: (1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate), or (2) the attainment by the child of eighteen (18) years of age. H. Additional Administrative Matters. 1. The use of any entitlement to educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one (1) month for each month of transferred entitlement that is used. 2. Except as provided under paragraph 2 of subsection E of this section and subject to paragraphs 5 and 6 of this subsection: a. in the case of entitlement transferred to a spouse under this section, the spouse is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred as if the individual were not on active duty, b. in the case of entitlement transferred to a child under this section, the child is entitled to educational assistance under this act in the same manner as the individual from whom the entitlement was transferred as if the individual were not on active duty. 3. The monthly rate of education assistance payable to a dependent to whom entitlement referred to in paragraph 2 of this subsection is transferred under this section shall be payable: a. in the case of a spouse, at the same rate as such entitlement would otherwise be payable under this act to the individual making the transfer as if the individual were not on active duty, and b. in the case of a child, at the same rate as such entitlement would otherwise be payable under this act to the individual making the transfer as if the individual were not on active duty. 4. Death of transferor: The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. a. Death prior to transfer to designated transferees: In the case of an eligible individual whom the Adjutant General has approved to transfer the individual's entitlement under this section who, at the time of death, is entitled to educational assistance under this act and has designated a transferee or transferees under subsection E of this section but has not transferred all of such entitlement to such transferee or transferees, the Adjutant General shall transfer the entitlement of the individual under this section by evenly distributing the amount of such entitlement between all such transferees who would not be precluded from using some or all of the transferred benefits due to the expiration of time limitations found in paragraph 5 of this subsection notwithstanding the limitations under subsection F of this section. b. If a transferee cannot use all of the transferred benefits under subparagraph a of this subsection because of expiration of a time limitation, the unused benefits will be distributed among the other designated transferees who would not be precluded from using some or all of the transferred benefits due to expiration of time limitations found in paragraph 5 of this subsection, unless or until there are no transferees who would not be precluded from using the transferred benefits because of expiration of a time limitation. 5. Limitation on age of use by child transferees. a. In general. A child to whom entitlement is transferred under this section may use the benefits transferred without regard to the fifteen-year delimiting date specified in this act, but may not, except as provided in subparagraph b or c of this paragraph, use any benefits so transferred after attaining the age of twenty-six (26) years. b. Primary caregivers of seriously injured members of the armed forces and veterans. (1) In general. Subject to division (2) of this subparagraph, in the case of a child who, before attaining the age of twenty-six (26) years, is prevented from pursuing a chosen program of education by reason of acting as the primary provider of personal care services for a veteran or member of the Oklahoma National Guard, the child may use the benefits beginning on the date specified in division (3) of this subparagraph for a period whose length is specified in division (4) of this subparagraph. (2) Inapplicability for revocation. Division (1) of this subparagraph shall not apply with respect to the period of an individual as a primary provider of personal care services if the period concludes with the revocation of the individual's designation as such a primary provider. (3) Date for commencement of use. The date specified in this division for the beginning of the use of benefits by a child under division (1) of this subparagraph is the later of: (a) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member concerned as described in division (1) of this subparagraph, (b) the date on which it is reasonably feasible, as determined under regulations prescribed by the Adjutant General, for the child to initiate or resume the use of benefits, or (c) the date on which the child attains the age of twenty-six (26) years. 6. Length of use. The length of the period specified in this paragraph for the use of benefits by a child under division (1) of subparagraph b of paragraph 5 of this section is the length equal to the length of the period that: a. begins on the date on which the child begins acting as the primary provider of personal care services for the veteran or member concerned as described in division (1) of subparagraph b of paragraph 5 of this section, and b. ends on the later of: (1) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member as described in division (1) of subparagraph b of paragraph 5 of this section, or (2) the date on which it is reasonably feasible, as so determined, for the child to initiate or resume the use of benefits; or c. in any case in which the Adjutant General determines that an individual to whom entitlement is transferred under this section has been prevented from pursuing the individual's chosen program of education before the individual attains the age of twenty-six (26) years because the educational institution or training established closed (temporarily or permanently) under an established policy based on an executive order of the Governor or due to an emergency situation, the Adjutant General shall extend the period during which the individual may use such entitlement for a period equal to the number of months that the individual was so prevented from pursuing the program of education, as determined by the Adjutant General. 7. The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). 8. The administrative provisions of this act shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible individual for purposes of such provisions. I. Overpayment. 1. Subject to paragraph 2 of this subsection, in the event of an overpayment of educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the State of Oklahoma for the amount of the overpayment. 2. Failure to complete service agreement. a. Except as provided in subparagraph b of this paragraph, if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under division (1) of subsection b of this paragraph in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of educational assistance for which the individual shall be solely liable to the State of Oklahoma for the amount of the overpayment for purposes of this act in the case of an individual who fails to complete service agreed to by the individual: (1) by reason of death of the individual, or (2) for a reason referred to in this act. J. Regulations. 1. The Adjutant General shall prescribe regulations for purposes of this section. 2. Such regulations shall specify: a. the manner of authorizing the transfer of entitlements under this section, b. the eligibility criteria in accordance with subsection B of this section, and c. the manner and effect of an election to modify or revoke a transfer of entitlement under paragraph 2 of subsection F of this section. 3. The Adjutant General may not prescribe any regulation that would provide for a limitation on eligibility to transfer unused education benefits to family members based on a maximum number of years in the Oklahoma National Guard. K. In the case of a dependent to whom entitlement to educational assistance is transferred under this section who dies before using all of such entitlement, the individual who transferred the entitlement to the dependent may transfer any remaining entitlement to a different eligible dependent, notwithstanding whether the individual is serving as a member of the Armed Forces when such transfer is executed. L. In the case of an individual who transfers entitlement to educational assistance under this section who dies before the dependent to whom entitlement to educational assistance is so transferred has used all of such entitlement, such dependent may transfer such entitlement to another eligible dependent in accordance with the provisions of this section. Added by Laws 2025, c. 344, § 21, eff. Nov. 1, 2025. NOTE: Editorially renumbered from § 14-140.1 of this title to avoid duplication in numbering. §70-14-143. Oklahoma National Guard CareerTech Assistance Revolving Fund. There is hereby created in the State Treasury a revolving fund for the State Board of Career and Technology Education to be designated the "Oklahoma National Guard CareerTech Assistance Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Board of Career and Technology Education from state appropriations provided for the purpose of implementing the provisions of Sections 18 and 19 of this act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Board of Career and Technology Education for the purpose of providing assistance to eligible Guard members pursuant to the provisions of Section 19 of this act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. Added by Laws 2025, c. 344, § 22, eff. Nov. 1, 2025. NOTE: Editorially renumbered from § 14-141 of this title to avoid duplication in numbering. §70-14-201. Oklahoma Education Commission. A. There is hereby created until November 1, 2027, the Oklahoma Education Commission. B. The Commission shall consist of seventeen (17) members to be appointed as follows: 1. A member of the Oklahoma House of Representatives shall be appointed by the Speaker of the Oklahoma House of Representatives; 2. A member of the Oklahoma State Senate shall be appointed by the President Pro Tempore of the Oklahoma State Senate; 3. The Director of the Department of Corrections, or his or her designee; 4. The Director of the Oklahoma Department of Libraries, or his or her designee; 5. The Executive Director of the Oklahoma Educational Television Authority, or his or her designee; 6. Four members with expertise in online and educational innovation shall be appointed by the Chancellor of Higher Education, one of whom shall be a representative of the Oklahoma State Regents for Higher Education, one of whom shall be a representative of a research institution within The Oklahoma State System of Higher Education, one of whom shall be a representative of a regional institution within The Oklahoma State System of Higher Education, and one of whom shall be a representative of a community college within The Oklahoma State System of Higher Education; 7. Four members with expertise in effective approaches to classroom instruction and learning or educational innovation shall be appointed by the State Superintendent of Public Instruction, one of whom shall represent the State Department of Education, one of whom shall be a school district administrator, one of whom shall be a certified classroom teacher, and one of whom shall be a high school student; and 8. Four members with expertise in effective approaches to career and technology education instruction and learning or educational innovation shall be appointed by the Director of the Oklahoma Department of Career and Technology Education, one of whom shall represent the Oklahoma Department of Career and Technology Education, one of whom shall be an administrator of a state technology center school or college, one of whom shall be a certified teacher at a state technology center school or college, and one of whom shall be a student enrolled at a state technology center school or college. C. The Commission shall hold an organizational meeting not later than ninety (90) days after the effective date of this act. The member of the Oklahoma House of Representatives shall serve as chair of the Commission and the member of the Oklahoma State Senate shall serve as vice-chair. A quorum of the membership of the Commission shall be required to approve any final action of the Commission. For purposes of this section, nine members shall constitute a quorum. D. The Commission may meet as often as required to perform the duties imposed upon it, but shall meet at least quarterly. E. The Commission shall engage multiple stakeholders in research, evaluation, and information sharing to conduct a study on how to improve the quality of instruction and learning through distance and remote modalities. Topic areas of the study shall include, but not be limited to: 1. Support infrastructure; 2. Open education resources; 3. Compliance with the federal Americans with Disabilities Act; 4. Professional development; and 5. Modality research. F. The Commission shall be subject to the Oklahoma Open Meeting Act and the Oklahoma Open Records Act. G. Members of the Commission shall not receive compensation or travel reimbursement. H. The Oklahoma House of Representatives shall provide staff and administrative support for the Commission. I. The Commission shall submit a report of its findings and recommendations no later than November 1, 2027, to the Governor, the President Pro Tempore of the Oklahoma State Senate, and the Speaker of the Oklahoma House of Representatives. Added by Laws 2022, c. 336, § 1, eff. Nov. 1, 2022. §70-14A-1. Repealed by Laws 1961, p. 555, § 1. §70-14A-1a. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14A-1b. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14A-1c. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14A-1d. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14A-1e. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14A-1f. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14A-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14B-1. Repealed by Laws 1961, p. 555, § 1. §70-14B-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14B-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14B-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14c-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14c-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14c-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-14C-17. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-15-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-15-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-15-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-15-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-15-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-15-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-15-7. Repealed by Laws 1955, p. 445, § 55. §70-15-8. Repealed by Laws 1955, p. 445, § 55. §70-15-9. Repealed by Laws 1955, p. 445, § 55. §70-15-10. Repealed by Laws 1955, p. 445, § 55. §70-15-11. Repealed by Laws 1955, p. 445, § 55. §70-15-12. Repealed by Laws 1955, p. 445, § 55. §70-15-13. Repealed by Laws 1955, p. 445, § 55. §70-15-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-15-15. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-15-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-15-101. School buildings - Bonds. Whenever it shall become necessary for the board of education of any school district to raise sufficient funds for the purchase of a school site or sites, or to erect or purchase and equip a suitable school building or buildings, either or both, or for the purpose of making repairs to an existing school building or buildings, or for the purchase of school furniture and fixtures, or for making improvements to any school site or sites, either or both, it shall be lawful for such board of education to borrow money for which it is hereby authorized and empowered to issue bonds bearing a rate of interest not exceeding seven percent (7%) per annum, payable semiannually, at such place as may be shown on the face of such bonds, which bonds shall be payable serially as otherwise provided by law in not more than twenty-five (25) years from date; and the board of education is hereby authorized and empowered to sell such bonds at not less than their par value; provided, before any bonds shall be issued, the board of education shall cause an election to be held in such district as herein provided; provided, further, bonds may be voted in one issue and at the same election for any or all of the purposes hereinbefore enumerated. Added by Laws 1971, c. 281, § 15-101, eff. July 2, 1971. §70-15-102. Election - Notice - Cost - Election on same proposition within four (4) months after defeat prohibited. The board of education shall call an election, to be conducted by the county election board in all respects as other elections, for the purpose of taking the sense of the district upon the question of issuing such bonds, naming in the proclamation of such election the amount of bonds to be voted on and the purpose for which they are to be issued; and it shall cause to be published in a newspaper of general circulation in said district the time and place of such election, such notices to be given at least ten (10) days before such election. In all instances where proclamations for elections for boards of education are required by statute of the mayor of a city, and in all instances where elections for boards of education are provided for by statute wherein the mayor and city clerk are denominated, the president of the board of education shall be substituted for the mayor and the clerk of the board of education shall be substituted for the city clerk. Boards of education are hereby declared to be free and independent of cities in all matters relating to school elections legally called upon all school matters, and presidents of boards of education shall have full power to issue proclamations calling school elections; provided, that no election shall be called on the same proposition within four (4) months after such proposition has been defeated at an election by the school district electors. The provisions of this act as to the waiting period shall not apply where the school facilities have been destroyed by an act of God. The cost of such elections, together with the cost of such proclamations, publication, notices or other expenses required, shall be legal costs of boards of education. Laws 1971, c. 281, § 15-102, eff. July 2, 1971. §70-15-103. Electors - Qualifications. On the question of issuance of said bonds, no person shall be qualified to vote unless he be in all respects a school district elector of such district. In case three-fifths (3/5) of the voters thereof voting at such election shall vote affirmatively for the issuance of said bonds, then the said board of education shall issue the same and not otherwise. The amount of the bonds so voted upon and issued shall not cause the school district to become indebted in an amount, including existing indebtedness, in the aggregate exceeding five percent (5%) of the valuation of the taxable property therein, to be ascertained from the last assessment for state and county purposes previous to the incurring of such indebtedness; but if the school district has an absolute need therefor, such district may, with the assent of three-fifths (3/5) of the voters thereof, voting at such election, incur indebtedness to an amount, including existing indebtedness, in the aggregate exceeding five percent (5%) but not exceeding ten percent (10%) of the valuation of the taxable property therein, to be ascertained from the last assessment for state and county purposes previous to the incurring of such indebtedness, for the purpose of acquiring or improving school sites, constructing, repairing, remodeling or equipping buildings or acquiring school furniture, fixtures or equipment or more than one or all of such purposes; and such assent to such indebtedness shall be deemed to be a sufficient showing of such absolute need. Section 26, Article X, of the Oklahoma Constitution, as amended on April 5, 1955, shall hereafter be in full force and effect. Provided, that any bond election that shall have heretofore been called or held in accordance with the provisions of Section 26, Article X, of the Oklahoma Constitution, as amended on April 5, 1955, is hereby validated if the bonds so authorized at such election have not yet been sold and delivered. Added by Laws 1971, c. 281, § 15-103, eff. July 2, 1971. §70-15-104. Form - Provision for collection of annual tax. The said bonds shall contain all necessary provisions as to form; and such school district shall, before or at the time of the issuance of the same, provide for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof. Added by Laws 1971, c. 281, § 15-104, eff. July 2, 1971. §70-15-105. Signatures - Registration - Certificate. The bonds, the issuance of which is provided in the preceding sections, shall be signed by the president, attested by the clerk and registered by the treasurer of the board of education, and shall have endorsed thereon a certificate signed by the county clerk and the district attorney of the county wherein such district is located, stating that said bonds or evidence of debt are issued pursuant to law and that said issue is within the debt limit. Laws 1971, c. 281, § 15-105, eff. July 2, 1971. §70-15-106. Transportation equipment - Bonds. Any school district that is authorized by law to provide transportation for pupils to and from school may become indebted for the purpose of purchasing transportation equipment and may issue its bonds, as provided for by law, in any amount not exceeding, with existing indebtedness, ten percent (10%) of the valuation of the taxable property within the school district, as shown by the last preceding assessment for state and county purposes previous to the incurring of indebtedness. The bonds shall be made to mature within a period not to exceed five (5) years from their date. It is hereby declared that the use of the word "equipment" in Section 26, Article X of the Oklahoma Constitution was intended to include the "transportation equipment" referred to in this section. Added by Laws 1971, c. 281, § 15-106, eff. July 2, 1971. Amended by Laws 1995, c. 257, § 3, emerg. eff. May 25, 1995. §70-15-106.1. Equipment purchase - Bonds. Any school district may become indebted for the purpose of purchasing equipment and may issue its bonds, as provided for by law, in any amount not exceeding, with existing indebtedness, ten percent (10%) of the valuation of the taxable property within the school district, as shown by the last incurring of indebtedness. The bonds shall be made to mature within a period not to exceed five (5) years from their date. It is hereby declared that the use of the word "equipment" in Section 26, Article X of the Oklahoma Constitution was intended to include: library books, textbooks, school-owned uniforms, computer software, electronic media content, perpetual or continuous district software license agreements and web-based software subscriptions with a term of more than one (1) year but not more than five (5) years, the acquisition of telecommunications devices and components to be used to enhance classroom instruction and maintenance/service contracts which are included as a part of the equipment purchase price and any associated hardware and software necessary for implementation and training and any maintenance agreements. This provision shall not restrict a school district from issuing bonds with a maturity of greater than five (5) years for the purchase of equipment not listed in this section. If the maturity of the bond is greater than five (5) years, the maturity of the bond shall not exceed the effective life of any equipment purchased with the proceeds. Added by Laws 1995, c. 257, § 4, emerg. eff. May 25, 1995. Amended by Laws 2004, c. 361, § 22, eff. July 1, 2004; Laws 2010, c. 1, § 1; Laws 2010, c. 455, § 2, eff. July 1, 2010. §70-15-107. Expenses. All expenses incident to the issuance of school district bonds, including the expense of holding the bond election, may be paid from the proceeds of such bonds. Added by Laws 1971, c. 281, § 15-107, eff. July 2, 1971. Amended by Laws 1974, c. 76, § 1, emerg. eff. April 19, 1974; Laws 1980, c. 217, § 6, eff. May 30, 1980. §70-15-108. Investment in government bonds. The proceeds of any school bonds or any portion thereof, or the sinking fund for the payment of any school bonds, may be invested by the issuing board in any type or series of United States Government Bonds. Added by Laws 1971, c. 281, § 15-108, eff. July 2, 1971. §70-15-109. Bond issues of area school districts. Area school districts may, in accordance with the provisions of Section 9B, Article X of the Oklahoma Constitution, issue bonds in the same manner as bonds are issued by other school districts. Added by Laws 1971, c. 281, § 15-109, eff. July 2, 1971. §70-15-110. Election for issuing bonds - Information to be provided pre- and post-election. A. When a school district board of education calls an election for the purpose of issuing bonds pursuant to Section 15-102 of Title 70 of the Oklahoma Statutes, the school district shall, at least thirty (30) days prior to the election, post on its website a copy of the bond proposal, including each project to be funded by the bond proceeds, a description of each project, and the estimated cost for each project. B. If electors approve the issuing of bonds at an election, the school district shall continue to post on its website the bond information required by subsection A of this section for the duration of the bond and one year after completion of all bond projects. The information posted on the school district website shall also include updates when there is a material change in the scope of the projects and their purpose as stated at the time the board of education calls the bond election. The updated information shall be posted online within thirty (30) days following approval of the project changes by the board of education. C. This act shall not apply to any bond projects approved by electors prior to the effective date of this act. Added by Laws 2023, c. 157, § 1, eff. Nov. 1, 2023. §70-15-201. Definitions. For the purposes of this act: 1. "School bonds" means bonds issued pursuant to the provisions of Sections 15-101 through 15-109 of Title 70 of the Oklahoma Statutes; 2. "Commissioners" means Commissioners of the Land Office of the State of Oklahoma; and 3. "Fund" means permanent school fund for the support of common schools of the State of Oklahoma. Added by Laws 1994, c. 346, § 1, eff. Nov. 8, 1994. §70-15-202. Guarantee of bonds issued. On approval by the Commissioners, bonds issued pursuant to Sections 15-101 through 15-109 of Title 70 of Oklahoma Statutes are guaranteed by the corpus of the permanent school fund for the support of common schools. Added by Laws 1994, c. 346, § 2, eff. Nov. 8, 1994. §70-15-203. Restriction on guarantee of bonds. The Commissioners shall not approve bonds for guarantee if the approval would result in the total amount of outstanding guaranteed bonds to exceed an amount equal to twice the cost value or twice the market value of the assets of the permanent school fund whichever is lower, exclusive of real estate as calculated by the annual audit of the Commissioners of the Land Office. Added by Laws 1994, c. 346, § 3, eff. Nov. 8, 1994. §70-15-204. Application by school districts for bond guarantee program. A school district seeking the guarantee of eligible bonds shall apply to the Commissioners on an application which must include: 1. The name of the school district and the principal amount of the bonds to be issued; 2. The maturity schedule, estimated interest rate and date of the bonds; and 3. Any other information as deemed necessary and appropriate by the Commissioners of the Land Office. The application must be accompanied by a fee set by the Commissioners in an amount to cover costs of administering the guarantee program. The Commissioners and the State Bond Advisor shall enter into an interagency agreement in order to administer their responsibilities pursuant to the provisions of this act. From the fees collected, the Commissioners shall enter into a cooperative agreement with the State Bond Advisor to defray any administrative costs of his office in carrying out the provisions of this act. Added by Laws 1994, c. 346, § 4, eff. Nov. 8, 1994. §70-15-205. Duty of State Bond Advisor. It shall be the duty of the State Bond Advisor to review the bond applications and to advise the Commissioners of the validity of the guarantee application. Added by Laws 1994, c. 346, § 5, eff. Nov. 8, 1994. §70-15-206. Requirements for districts applying for guarantee. A. Any district applying to utilize the provisions of this act for its bonded indebtedness shall: 1. Be certified to be in good standing and be accredited without probation by the State Board of Education; 2. Verify to the Commissioners that the bond issue involved is within any limitation provided by law; 3. Comply with such criteria or other requirements deemed necessary by the Commissioners; and 4. Fully comply with all provisions of the rules promulgated by the Commissioners pursuant to this act. B. No guarantee of bonds shall be effective unless approved by a majority of the Commissioners. Added by Laws 1994, c. 346, § 6, eff. Nov. 8, 1994. §70-15-207. Inability to pay on guaranteed bond - Notice. Immediately following a determination that a school district will be or is unable to pay maturing or matured principal or interest on a guaranteed bond, but not later than the fifth business day before the maturity date, the district shall notify the State Bond Advisor and the Commissioners of the Land Office. Added by Laws 1994, c. 346, § 7, eff. Nov. 8, 1994. §70-15-208. Transfer of funds to pay maturing or matured bond - Cancellation of bond - Reimbursement by school district. A. Following receipt of notice, the Commissioners shall cause to be transferred from the permanent school fund the necessary funding to pay the maturing or matured principal or interest. B. Immediately following receipt of the funds for payment of the principal or interest, the district treasurer shall pay the amount due and forward the canceled bond or coupon to the Commissioners of the Land Office. C. Following full reimbursement to the fund with interest, the Commissioners shall forward the canceled bond to the school district for which the payment was made. Added by Laws 1994, c. 346, § 8, eff. Nov. 8, 1994. §70-15-209. No acceleration of remaining bonds due to default. If a school district fails to pay principal or interest on a bond guaranteed by the fund when it matures, other amounts not yet mature are not accelerated and do not become due by virtue of the school district default. Added by Laws 1994, c. 346, § 9, eff. Nov. 8, 1994. §70-15-210. Collection of deficient payments from school districts. A. If the Commissioners make payment from the fund on behalf of a school district, the Commissioners shall withhold from any trust fund apportionment payable to the school district until the amount paid, plus interest, is repaid in full or the Commissioners may proceed to collect the deficient payments plus interest and reasonable attorney fees as provided by Section 365.5 of Title 62 of the Oklahoma Statutes. Monies collected from said school district for deficient payments shall be forwarded to the Commissioners within thirty (30) days of collection. In the determination of State Aid pursuant to Section 18-200 of Title 70 of the Oklahoma Statutes the State Apportionment component of the Foundation Program Income shall be determined as if the school district had received all state apportionment funds withheld pursuant to this section. B. The amount withheld shall be deposited to the credit of the permanent school fund. C. Immediately following any payments from the fund on behalf of a school district pursuant to this section, the Commissioners shall notify the State Treasurer of the payment for purposes of taking any action as is required by Section 8 of this act. Added by Laws 1994, c. 346, § 10, eff. Nov. 8, 1994. §70-15-211. Implementation. The Commissioners of the Land Office shall adopt rules necessary to implement the provisions of this act. Added by Laws 1994, c. 346, § 11, eff. Nov. 8, 1994. §70-16-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-6A. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-15. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-17. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-18. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-19. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-20. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-20a. Repealed by Laws 1957, p. 506, § 1. §70-16-20b. Repealed by Laws 1957, p. 506, § 1. §70-16-21. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-22. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-23. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-16-24. Repealed by Laws 1961, p. 155, § 1. §70-16-101. State Textbook Committee - Members - Qualifications - Travel expenses - Terms. There is hereby created the State Textbook Committee, which shall be composed of thirteen (13) members appointed by the Governor with the advice and consent of the Senate: two members from each congressional district, two members from the state at large and one member who shall be a lay citizen not having a teaching certificate and having at least one child in the public schools of Oklahoma. Beginning April 1, 2021, the Committee shall be composed of thirteen (13) members. Twelve members shall be appointed by the Governor with the advice and consent of the Senate: two members from each congressional district and two members from the state at large who shall be lay citizens not having a teaching certificate and having at least one child in the public schools of Oklahoma. The State Superintendent of Public Instruction, or a designee, shall serve as the thirteenth member and shall serve as chair of the Committee. However, when congressional districts are redrawn, each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. Appointments made after July 1 of the year in which such modification becomes effective shall be from any redrawn districts which are not represented by two board members until such time as each of the modified congressional districts is represented by two board members. A majority of the members shall be classroom teachers. The regular terms of all members shall be for three (3) years. Members shall not be eligible to succeed themselves. At no time shall more than one member of the State Textbook Committee be an employee of the same school district. Each educator member shall have had not less than five (5) years' teaching or supervisory experience in the public schools of Oklahoma at the time of appointment, and shall be actively employed in the public schools of Oklahoma during the term of service on said Committee. Until March 31, 2021, the State Superintendent of Public Instruction or a designated member of the staff shall serve as Secretary of the Committee and vote only when there is a tie vote in the membership of the Committee. The State Department of Education shall provide administrative services, including a secretary, to the Committee. Each member shall receive necessary traveling expenses while in the performance of duties pursuant to the State Travel Reimbursement Act. The State Textbook Committee shall be subject to the Oklahoma Open Meeting Act and the Oklahoma Open Records Act. The Committee shall meet at the call of the State Superintendent of Public Instruction and elect by secret written ballot a vice- chair from its membership to serve for the year. The terms for which new members from the congressional districts are appointed shall be staggered by the Governor in making appointments. The terms of four members shall expire each year. The four new members appointed each year shall be certified in one of the curriculum areas in which the textbooks will be adopted that ensuing fiscal year. Added by Laws 1971, c. 281, § 16-101, eff. July 2, 1971. Amended by Laws 1976, c. 99, § 1, emerg. eff. May 11, 1976; Laws 1985, c. 178, § 54, operative July 1, 1985; Laws 1992, c. 364, § 9, emerg. eff. June 4, 1992; Laws 1993, c. 229, § 1, eff. July 1, 1993; Laws 2002, c. 375, § 18, eff. Nov. 5, 2002; Laws 2003, c. 229, § 5, emerg. eff. May 20, 2003; Laws 2020, c. 50, § 1, eff. Nov. 1, 2020. §70-16-101.1. Repealed by Laws 2020, c. 50, § 7, eff. Nov. 1, 2020. §70-16-102. Meetings - Selection of textbooks - Subject matter expert review teams. A. The State Textbook Committee shall meet at the call of the chair as often as necessary, with two (2) weeks' public notice, to discharge its responsibilities. If necessary, not later than the first day of December of each year the State Textbook Committee shall meet to select textbooks for subjects taught in the public schools of the state for grades prekindergarten through twelve, which selections shall be for not more than six (6) years for every textbook. B. The Committee may suspend any currently pending selection process of textbooks and may extend by at least two (2) years the six-year adoption period of those textbooks currently on the state adopted list, for the purpose of delaying for two (2) years the six- year adoption cycle of subjects. C. "Textbooks", as used in Sections 16-101 through 16-124 of this title, means instructional materials that are designed for use by pupils as a learning resource. Instructional materials may be printed or nonprinted and may include textbooks, technology-based and other educational materials. D. "List of textbooks" or "the list", as used in Sections 16- 101 through 16-111 of this title, means the official textbook list required by Section 6 of Article XIII of the Oklahoma Constitution. The list shall include the textbooks and other instructional materials selected by the State Textbook Committee for use in the common schools of the state. E. The State Department of Education, in coordination with the State Textbook Committee, shall approve an application process to assemble annually one or more review teams comprised of subject matter experts for each subject area under review to assist the Committee in reviewing textbooks and instructional materials. The number of review teams shall be contingent on the number of subject areas under review each year. Members of the review teams shall have specific expertise in the subject areas being reviewed that year. Review teams shall consist of no less than twelve members each, but may be as large as is deemed necessary by the State Textbook Committee and the State Department of Education. Subject to the availability of funds within the State Department of Education, members of the review teams shall receive from the Department necessary traveling expenses while in the performance of duties pursuant to the State Travel Reimbursement Act. F. The Committee shall select textbooks or series of textbooks for each subject, which, to the greatest extent possible, are aligned with the subject matter standards adopted by the State Board of Education pursuant to Section 11-103.6 of this title. The Committee, in consultation with the State Department of Education, shall adopt a rubric to be used by the review teams as a means of evaluating textbooks submitted for review. The rubric shall contain a three-tiered rating system in which the first tier shall be labeled "Exemplifies Quality", the second tier shall be labeled "Approaching Quality", and the third tier shall be labeled "Not Representing Quality". The rubric shall also include, but not be limited to, criteria for alignment to subject matter standards such that all standards are present and treated with the appropriate depth to support students in learning the skills and information contained in the subject matter standards, as well as usability for teacher planning, learning, assessment and differentiated instruction. The Committee, in consultation with the review teams, may include additional criteria specific to the subject area being reviewed. The rubric shall require each criterion to be scored individually with justification, and shall provide an overall recommendation for the rating. G. Review teams shall review all materials in accordance with the rubric adopted in subsection F of this section and shall submit the review and recommended rating to the Committee. The Committee shall consider but not be required to accept the recommended rating of the review teams. The Committee may request that the review teams supply additional information to support their recommendations or the Committee may provide its own justification utilizing the adopted rubric. H. The Committee, having verified that the review process has been conducted in a scrupulous and fair manner, shall adopt a final rating for each textbook prior to including it on the textbook list required by Section 16-110 of this title. The completed rubric for each evaluated textbook, including the review team's recommendations, shall be made publicly available on the State Textbook Committee website. I. After a final textbook list is published, the State Textbook Committee may determine that unusual or extraordinary circumstances exist in a particular subject area during the period for which textbooks have been selected for that subject area. Unusual or extraordinary circumstances shall include but not be limited to significant new techniques of teaching in a particular subject area or significant new findings or discoveries in a particular subject area. Upon a determination by three-fourths (3/4) of the members of the State Textbook Committee that unusual or extraordinary circumstances exist in a particular subject area, the Committee may select one or more textbooks in that subject area for the remainder of the adoption period. J. The State Department of Education shall house the website of the State Textbook Committee on its agency website. K. Five or more district boards of education may petition the State Board of Education to add a book or series of textbooks to the approved list selected by the State Textbook Committee. L. The State Board of Education shall promulgate rules to implement the method and time frame for handling the petitions in the most expeditious manner. Added by Laws 1971, c. 281, § 16-102, eff. July 2, 1971. Amended by Laws 1976, c. 99, § 3, emerg. eff. May 11, 1976; Laws 1977, c. 229, § 1, emerg. eff. June 14, 1977; Laws 1979, c. 94, § 1, emerg. eff. April 23, 1979; Laws 1984, c. 241, § 4, eff. Nov. 1, 1984; Laws 1991, c. 280, § 69, eff. July 1, 1991; Laws 1993, c. 229, § 3, eff. July 1, 1993; Laws 2010, c. 457, § 5; Laws 2011, c. 49, § 1, emerg. eff. April 13, 2011; Laws 2016, c. 75, § 1, eff. July 1, 2016; Laws 2020, c. 50, § 2, eff. Nov. 1, 2020. §70-16-102.1. Public hearing on proposed textbooks. The State Textbook Committee shall conduct a public hearing in the first two (2) weeks of October each year for the purpose of gathering public testimony concerning the various textbooks being considered for adoption by the Committee. Any person wishing to be heard at the public hearing shall register with the secretary of the State Textbook Committee at least two (2) weeks prior to the date set for the public hearing. The registration shall be accompanied by a typed summary detailing the nature of the testimony which will be presented at the public hearing. All testimony shall pertain to a specific textbook or textbooks for which the State Textbook Committee has received bids. The time and number of people testifying for any one organization may be limited by the State Textbook Committee. The Committee, in its discretion, may conduct additional public hearings. The date of the public hearing shall be set by the Committee when the advertisement for bids for books is issued. Added by Laws 1984, c. 241, § 1, eff. Nov. 1, 1984. Amended by Laws 1993, c. 229, § 4, eff. July 1, 1993. §70-16-103. Advertisement - Sealed bids - Display of textbooks. The State Textbook Committee shall advertise for books in all basic subjects in such manner and for such time as it may deem best. Each year the Committee shall advertise for sealed bids from publishers of textbooks for furnishing textbooks for the public schools of this state. Each bid shall state specifically and clearly the price at which each book will be furnished FOB the bidder's depository or delivered to any ordering school district in this state, and the price the books may be sold for through local retail book dealers, and shall be accompanied by a sample copy of each book offered in such bid, together with any teacher edition or teacher aids used with such book. A copy of each textbook for which a bid has been accepted by the Committee shall be displayed in at least one library or institution of higher education within each Congressional District in this state. The facility shall have free public access. The textbooks shall be displayed from the time they are accepted by the Committee until their final selection or rejection. A record of all the books delivered direct to any school district shall be immediately furnished by the shipper and the school district to the State Board of Education. Each bid shall be accompanied by a sworn statement specifically: 1. Stating whether the publisher is the owner of any interest or share in any other textbook publishing houses and, if so, giving the names and addresses thereof; 2. Showing whether any member of the Committee is in any manner interested, directly or indirectly, in such person, firm, or corporation submitting such bid; and 3. Showing the name and address of every committee, public official, or individual in this state who has been furnished, within the preceding twelve (12) months, any copy of the textbook or textbooks or any edition thereof included in the bid, together with the numbers and titles thereof furnished to each recipient. If the fact shall be disclosed that any member of the Committee, State Textbook Director, or any employee of that office is interested in the bidder, it shall work a disqualification of such member, and the member shall not be permitted to serve on the Committee, and the bidder shall be disqualified. If it shall be disclosed that such sworn statement does not accurately and completely give the information required, the State Textbook Committee shall disregard the bid. Oklahoma authors of school textbooks shall be permitted to receive the customary royalty, regardless of employment. Added by Laws 1971, c. 281, § 16-103, eff. July 2, 1971. Amended by Laws 1984, c. 241, § 2, eff. Nov. 1, 1984; Laws 1993, c. 229, § 5, eff. July 1, 1993; Laws 1997, c. 341, § 2, emerg. eff. June 9, 1997. §70-16-104. Delivery of bids - Examination and investigation - Adoption of textbook. All bids shall be sealed and delivered to the secretary of the State Textbook Committee, to be delivered by the secretary to the Committee for the purpose of considering the bids. The Committee shall meet prior to August 15 of each year at the time and place mentioned in the advertisement required by Section 16-103 of this title, to open and examine the sealed bids received, and make a full and complete investigation of all books and the bids accompanying the same. The books shall be selected after careful consideration of all the books presented, and the books selected for adoption shall be those which the Committee rates as "Exemplifies Quality" or "Approaching Quality" on the rubric pursuant to Section 16-102 of this title. The Committee shall give consideration to any legislative resolution concerning textbook content and the testimony received at public hearings when making the selections. The Committee shall proceed without delay to select, for use of the public schools of this state, textbooks as specified in this article and shall notify publishers to whom contracts are awarded. If the State Textbook Committee determines that significant inaccuracies exist in the contents of a textbook which has been bid or that information contained in the textbook is not current, the Committee may adopt the book on a provisional basis. Final adoption of the textbook and use of textbook money shall be contingent upon the publisher providing a modified or revised textbook which is acceptable to the State Textbook Committee. Added by Laws 1971, c. 281, § 16-104, eff. July 2, 1971. Amended by Laws 1984, c. 241, § 3, eff. Nov. 1, 1984; Laws 1993, c. 229, § 6, eff. July 1, 1993; Laws 2020, c. 50, § 3, eff. Nov. 1, 2020. §70-16-105. Repealed by Laws 1993, c. 229, § 22, eff. July 1, 1993. §70-16-106. Publishers' contracts - Prices - Reduction - Term of contract - Braille versions. A. All contracts with publishers shall be signed by the chairperson and secretary of the State Textbook Committee on behalf of the state. Each contract shall stipulate the price at which each textbook will be sold to the State of Oklahoma, and that all copies supplied to the State of Oklahoma will be equal to or better than the official copy filed with the secretary of the Committee. The State Textbook Committee may approve the substitution of a later edition in lieu of the textbook originally selected. The publisher shall stipulate in the contract that: 1. The price for which the textbook is to be furnished will be the lowest at which the same textbook will be sold or offered for sale for the purpose of securing a state or local selection or adoption elsewhere in the United States during the six (6) months prior to the date of the execution of the contract; 2. It will reduce the contract price of the textbook, if the price of the same textbook is reduced below such contract price elsewhere in the United States, and that it will file with the secretary of the Committee a sworn statement of such reduction made elsewhere; 3. If it prepares any supplementary or abridged or special editions of any of the textbooks, and shall sell such editions elsewhere at a lower price than that stipulated in the contract, it will file copies of any and all such editions, together with the prices thereof, with the secretary of the Committee; 4. It has not entered into any understanding, agreement or combination to control the prices or restrict competition in the sale of textbooks; 5. It will furnish the textbooks to the State of Oklahoma during the term of the contract in such amounts as may be required; and 6. It will furnish for a like period in lieu of the corresponding textbooks under contract any other books listed in any annual statement subsequently filed by it during the term of the contract to any school district at the lowest new prices contained in such statement, and that it will maintain said prices uniformly through the state. B. Textbooks selected by the State Textbook Committee may be purchased by school districts at the prices for which contracts have been awarded, pending the effective dates of the contracts. C. The chairperson and secretary of the State Textbook Committee, on the advice and consent of the attorney for the State Department of Education, may, with the consent of the holders of state textbook contracts, change any contract to conform with the provisions of Section 16-102 of this title. D. As requested by a school district or the Oklahoma School for the Blind, all publishers who enter into contracts with the State Textbook Committee shall be required to furnish the Committee with electronic files in a file format from which Braille and other accessible versions of the instructional materials can be produced. The file format in which electronic instructional materials files are provided to the Committee shall be in a format prescribed by federal law or regulations promulgated by the United States Department of Education which requires national standards for electronic files to be used for production of accessible instructional materials. In the absence of a federal law or regulation establishing a national standard, a file format standard shall be prescribed by the State Department of Rehabilitation Services. Added by Laws 1971, c. 281, § 16-106, eff. July 2, 1971. Amended by Laws 1976, c. 99, § 5, emerg. eff. May 11, 1976; Laws 1993, c. 229, § 7, eff. July 1, 1993; Laws 1994, c. 74, § 1, eff. July 1, 1994; Laws 1997, c. 97, § 1, eff. July 1, 1997; Laws 2004, c. 238, § 1, eff. July 1, 2004. §70-16-107. Revised editions - Late adoptions. A. In the event that a publisher whose bid has been accepted shall publish at any time before the expiration of the adoption period a new or revised edition of the adopted textbook, the State Textbook Committee may require such publisher to substitute such new or revised edition for the adopted edition at a price to be mutually agreed upon by the publisher and the State Textbook Committee, but not in excess of the lowest price at which the same textbook will be sold or offered for sale for the purpose of securing a state or local selection or adoption elsewhere in the United States during the twelve (12) months preceding the date of submitting such new or revised edition. A contract shall be made for such new or revised edition as for any other selection. Each bidder shall expressly agree to this provision as a part of the bid and the contract awarded if successful. B. In the event that a publisher shall publish a textbook for a subject during the period for which adoptions for that subject have not expired, such publisher may submit a bid for such textbook at the time and in the manner other bids are submitted. The State Textbook Committee may adopt such book for the balance of the adoption period and thereafter local textbook committees may adopt such book. Laws 1971, c. 281, § 16-107, eff. July 2, 1971; Laws 1993, c. 229, § 8, eff. July 1, 1993. §70-16-108. Surety bond - Approval of contract - Recoveries. The bidder to whom one or more contracts may be awarded shall make and execute a good and sufficient surety bond, payable to the State of Oklahoma, in a sum not less than Two Thousand Dollars ($2,000.00), nor more than Ten Thousand Dollars ($10,000.00), to be fixed by the Committee, conditioned that the contractor shall perform all of the conditions of the contract. Prior to acceptance, the contract shall be approved by an attorney for the State Department of Education and shall be in conformity with, and subject to, all of the provisions of this article. The bond shall not be exhausted by a single recovery thereon but may be sued upon until the full amount thereof is recovered; and the Committee may, after twenty (20) days' notice, require a new bond to be given, and in the event the contractor shall fail to furnish such new bond, such contract may at the option of the Committee be forfeited. Laws 1971, c. 281, § 16-108, eff. July 2, 1971; Laws 1993, c. 229, § 9, eff. July 1, 1993. §70-16-109. Right to reject bids - Failure to secure textbooks. The State Textbook Committee shall have and reserve the right to reject any and all bids, if said Committee be of the opinion that any or all bids should, for any reason, be rejected; and in case it fails, from among the proposals submitted, to select sufficient books upon any of the branches of study provided for herein, it may advertise for sealed bids under the same terms as before, and proceed in its investigation in all respects as it did in the first instance. Laws 1971, c. 281, § 16-109, eff. July 2, 1971. §70-16-110. List of textbooks. As soon as any contract is entered into for the furnishing of textbooks for use in the public schools of the state, the secretary of the State Textbook Committee shall send a list of the textbooks selected by the State Textbook Committee to every superintendent of schools in the state, who shall supply it to the local textbook committee. The list shall show the respective prices of such textbooks, the completed rubric, and the rating for each selected textbook as required by Section 16-102 of this title. The State Department of Education shall annually publish and distribute a list of all textbooks that have been selected. Added by Laws 1971, c. 281, § 16-110, eff. July 2, 1971. Amended by Laws 1993, c. 239, § 40, eff. July 1, 1993; Laws 1993, c. 360, § 9, eff. July 1, 1993; Laws 2020, c. 50, § 4, eff. Nov. 1, 2020. NOTE: Laws 1993, c. 229, § 10 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993. §70-16-111. Local textbook committee - Examination copies, teacher editions and software copies - Adoptions of textbooks - Textbook orders. A. Except as otherwise provided for in subsection E of this section, the superintendent of schools of each school district in the state shall appoint a local textbook committee consisting of not fewer than three nor more than nine members. Each committee shall have one lay member, with the remainder of the members being teachers employed in the public schools of the district, a majority of whom shall be classroom teachers. The superintendent of schools or a designee who shall be a principal or a curriculum specialist shall serve as chairperson of the local textbook committee. B. Upon the written request of any duly appointed local textbook coordinator, the publisher of a textbook selected by the State Textbook Committee shall furnish at least one examination copy of the textbook and the teacher edition of the textbook, if one is published, and a copy of software for purposes of complete demonstration and review, if available, to the school district so that the local textbook committee may examine any or all new adoptions in the subjects taught or to be taught in schools in the district. C. Except as otherwise provided for in subsection E of this section, on or before a date to be fixed by the State Board of Education, each local textbook committee shall adopt textbooks only from the list of textbooks selected by the State Textbook Committee in a manner as shall be prescribed by the State Board of Education. In order for the local textbook committee to adopt a textbook that was not reviewed by the State Textbook Committee, the local textbook committee shall conduct a review process in a manner prescribed by the State Board of Education. Each local textbook committee shall serve without compensation and shall cease to exist when local adoptions have been completed and shall be replaced by another local textbook committee appointed in the same manner as provided for in this section. D. Except as otherwise provided for in subsection E of this section, on or before a date to be fixed by the State Board of Education, the superintendent of each school district shall submit to the State Board of Education a textbook plan outlining the estimated number of textbooks needed by the school district and the total amount of money to be expended by the district for textbooks including the allocated funds and any additional supplemental funds to be expended. The superintendent or textbook coordinator appointed by the superintendent shall place orders from the proper depository or depositories for all of the textbooks needed as outlined in the textbook plan by the district for the ensuing year. The superintendent of a school district or textbook coordinator may order any textbooks placed on the official list of textbooks. If the order exceeds the allocation for each school district as provided in Section 16-114a of this title any additional funds expended shall be reported on the statement of expenditures for the district. E. 1. If a school district makes the election as provided for in subsection B of Section 16-114a of this title, the district shall not be required to appoint a local textbook committee, adopt textbooks, submit a textbook plan, or expend money on the purchase of textbooks during any fiscal year as provided for in this subsection. 2. The provisions of paragraph 1 of this subsection shall cease to be effective during the fiscal year which begins on the July 1 immediately succeeding the legislative session during which the measure appropriating monies to the State Board of Education for the financial support of public schools is enacted as law and such appropriation amount is at least Fifty Million Dollars ($50,000,000.00) greater than the amount of money appropriated to the State Board of Education for the financial support of public schools for the fiscal year ending June 30, 2019. Provided, the Fifty Million Dollars ($50,000,000.00) shall not include any amount of appropriations dedicated for support or certified employee salary increases. Added by Laws 1971, c. 281, § 16-111, eff. July 2, 1971. Amended by Laws 1988, c. 64, § 1, operative July 1, 1988; Laws 1989, c. 380, § 1, operative July 1, 1989; Laws 1991, c. 3, § 19, eff. July 1, 1991; Laws 1993, c. 239, § 41, eff. July 1, 1993; Laws 1993, c. 360, § 10, eff. July 1, 1993; Laws 1997, c. 341, § 3, emerg. eff. June 9, 1997; Laws 2010, c. 457, § 6; Laws 2012, c. 236, § 3, eff. July 1, 2012; Laws 2014, c. 311, § 4, eff. July 1, 2014; Laws 2016, c. 253, § 3, eff. July 1, 2016; Laws 2019, c. 488, § 3, eff. July 1, 2019; Laws 2020, c. 50, § 5, eff. Nov. 1, 2020. NOTE: Laws 1993, c. 229, § 11 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993. §70-16-111.1. Supplementary textbooks and materials. The funds allocated for textbooks in Section 16-114a of this title may be used by a school district for supplementary textbooks and other instructional materials other than those selected and placed on the list of textbooks by the State Textbook Committee. The local textbook committee shall submit a statement to the local board of education justifying any such selections. For purposes of this section, "supplementary textbooks and other instructional materials" shall mean materials pertaining to subjects that are not reviewed by the State Textbook Committee or materials that support instruction in the subject matter standards as adopted by the State Board of Education in Section 11-103.6 of this title that were not reviewed by the State Textbook Committee. Added by Laws 1974, c. 124, § 1, emerg. eff. May 3, 1974. Amended by Laws 1976, c. 99, § 4, emerg. eff. May 11, 1976; Laws 1993, c. 229, § 12, eff. July 1, 1993; Laws 2011, c. 367, § 4; Laws 2020, c. 50, § 6, eff. Nov. 1, 2020. §70-16-112. Repealed by Laws 1993, c. 229, § 22, eff. July 1, 1993. §70-16-113. Costs of textbooks - How paid - Repair service. A. All monies allocated for the purchase of textbooks shall be sent directly to the school districts. The treasurer of each school district shall enter the allocated textbook amount for deposit in the appropriate account and the reporting of financial transactions involving textbooks shall be made according to the Oklahoma Cost Accounting System, as adopted by the State Board of Education pursuant to Section 5-135 of this title. The price to be paid for instructional materials on the state textbook list shall be no greater than that stipulated in the contract with the publisher. The State Board of Education shall approve purchase order forms to be used by school districts to order books from the depository. All books ordered shall be delivered to the school district. Depositories are authorized to confer with individual school districts on plans to reduce the number of textbooks returned by school districts to depositories and to confer on restocking fees associated with such returns. B. The State Board of Education shall provide sufficient office space, equipment, records and supplies necessary for a proper performance of the duties and functions vested in it and the State Textbook Committee, and the State Board of Education shall appoint and fix the compensation and duties of necessary personnel to assist the State Board of Education in performing its said duties and functions. C. The State Board of Education shall not reserve any funds from appropriations made for the purchase of textbooks for rebinding or for freight or transportation costs. Each school district shall be responsible for any cost incurred by that district for rebinding services or freight or transportation costs. Added by Laws 1971, c. 281, § 16-113, eff. July 2, 1971. Amended by Laws 1993, c. 229, § 13, eff. July 1, 1993; Laws 1997, c. 341, § 4, emerg. eff. June 9, 1997. §70-16-114. Repealed by Laws 2002, c. 2, § 24, emerg. eff. Feb. 15, 2002. §70-16-114.1. Allocation of funds for the purchase of textbooks. The funds appropriated for the purchase of textbooks shall be apportioned by the State Board of Education to each school district pursuant to the provisions of Sections 16-101 through 16-124 of this title. Upon application from a local school district, the State Board of Education may allocate funds appropriated for the purchase of textbooks to be used for the purchase of special education textbooks or other instructional materials for those students enrolled in special education programs. Approval of funds shall be based on the following formula: No funds shall be provided for students attending special education classes less than two (2) hours per day. Those attending two (2) hours or more per day but less than four (4) hours shall receive a one-half (1/2) allocation. Those attending special education classes for four (4) or more hours per day shall receive a full allocation. Added by Laws 1995, c. 305, § 16, eff. July 1, 1995. §70-16-114a. Textbook allocation and adjustment A. Based upon legislative appropriations, the State Board of Education shall determine the textbook allocation to be distributed to each school district in the state. Each year the textbook allocation for each school district shall be calculated and distributed in July and adjusted in December. The initial allocation shall be calculated based on the audited end-of-year average daily attendance of the preceding school year multiplied by Fifty-five Dollars ($55.00). The initial allocation shall be calculated and distributed to each school district in July. The December adjustment shall be calculated by multiplying the audited first nine (9) weeks' average daily attendance for that current school year by Fifty-five Dollars ($55.00) and subtracting from that amount the amount of the initial allocation. The adjustment shall be calculated in December and distributed to each eligible school district no later than January 15. A school district shall receive an adjustment only if the adjustment figure as calculated in this section is greater than zero. The State Department of Education shall retain from the total amount appropriated for textbooks not less than one percent (1%) of the total amount to be used for the purpose of making the adjustments. If the amount appropriated, including the retained amount, is not sufficient to fully fund the adjusted allocation, each school district eligible for an adjustment shall receive a proportionate reduction in funding. Any unused portion of the value of textbooks allowed to a school district shall be cumulative and may be carried over by the school district to subsequent fiscal years, in addition to the allocation it is entitled to receive during that fiscal year. B. A school district seeking flexibility in the use of state- appropriated funding allocated pursuant to this section for textbooks shall be required to demonstrate to the State Board of Education that the textbooks and instructional materials used by the district for the subject areas being considered in the current textbook adoption cycle are current and appropriate for student learning. Subject to the provisions of subsection E of Section 16- 111 of this title, a school district that has received textbook funding flexibility approval from the Board may elect to expend any monies allocated pursuant to this section for textbooks, including any monies carried over as authorized pursuant to subsection A of this section, for any purpose related to the support and maintenance of the school district as determined by the board of education of the school district. C. All textbooks distributed to a school district that have been destroyed by fire or other hazard shall be replaced by the State Board of Education. The total cost of all additional textbooks delivered to school districts to replace those destroyed by fire or other hazard shall not exceed, for the entire state in any fiscal year, the aggregate sum of One Hundred Thousand Dollars ($100,000.00), which sum shall be reserved for that purpose from any appropriation made to carry out the provision of this section for any fiscal year. Added by Laws 2002, c. 2, § 7, emerg. eff. Feb. 15, 2002. Amended by Laws 2010, c. 457, § 7; Laws 2012, c. 236, § 4, eff. July 1, 2012; Laws 2014, c. 311, § 5, eff. July 1, 2014; Laws 2016, c. 253, § 4, eff. July 1, 2016. §70-16-115. Contractors - Book depositories - Insufficient stock or supply. All contractors shall establish and maintain a suitable and convenient depository or depositories in the State of Oklahoma where a stock of their books to supply all immediate demands shall be kept. Said depository or depositories may be operated jointly with other contractors. Each contractor shall maintain at the depository a sufficient supply of textbooks for individuals or boards of education desiring to purchase the same and shall be required to sell such books to any individual or board of education at the same price at which the textbook is sold to the State of Oklahoma plus cost of transportation to the individual or board of education purchasing the textbook. Upon the failure of any contractor to carry a sufficient stock of books at the depository to take care of all immediate demands of the State of Oklahoma and others requesting the same, or to furnish the textbooks as required by the contract, the State Board of Education shall have power to recover on the bond given by such contractor for the full value of the books not furnished as required by the contract and terminate said contract. Laws 1971, c. 281, § 16-115, eff. July 2, 1971; Laws 1993, c. 239, § 42, eff. July 1, 1993; Laws 1993, c. 360, § 11, eff. July 1, 1993. NOTE: Laws 1993, c. 229, § 14 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993. §70-16-116. Repealed by Laws 1993, c. 229, § 22, eff. July 1, 1993. §70-16-117. List of names of agents and representatives of publishers. Each person, firm or corporation offering textbooks for sale in the State of Oklahoma shall list with the secretary of the State Textbook Committee the names and addresses of its agents or representatives which shall be a matter of public record in the office of the secretary of the State Textbook Committee. Laws 1971, c. 281, § 16-117, eff. July 2, 1971; Laws 1993, c. 229, § 15, eff. July 1, 1993. §70-16-118. Rules for issuance of textbooks. The State Board of Education shall adopt rules for the issuance of textbooks to school children and for the preservation of such textbooks, and all rules it deems necessary to carry out its duties and functions, and all such rules shall apply alike to all school districts. It shall prescribe the form of all reports and applications, and superintendents of schools, and boards of education shall be required to make such reports fully and completely at the time and in the manner prescribed by the State Board of Education. The State Board of Education shall keep an exact account of the cost of books distributed to each school district, together with the proper proportion of transportation and accounting charges. The State Textbook Committee shall also have the power to adopt such rules as it deems necessary to enable it to perform its functions and duties. Laws 1971, c. 281, § 16-118, eff. July 2, 1971; Laws 1993, c. 229, § 16, eff. July 1, 1993. §70-16-119. Sample textbooks. All advance or sample copies of textbooks or any edition thereof furnished to any member of the State Textbook Committee, or to any individual for the purpose of obtaining a selection of the textbook by the State Textbook Committee, shall not be sold by the recipient thereof, but shall be disposed of as may be prescribed by the rules of the State Board of Education. Any advance or sample textbook or any edition thereof furnished to a member of a local textbook committee, or to any school official or individual for the purpose of obtaining a local adoption of the textbook, may be returned to the publisher for credit if the cost of such book was charged against the value of textbooks allowed such school district. Publishers shall pay the cost of shipment on returned samples. All publishers having contracts to furnish textbooks to the State of Oklahoma shall be required to file with the State Board of Education, not later than the first day of January and the first day of July of each year following the dates of their respective contracts, a sworn statement showing the names and addresses of all persons to whom they have furnished, during the preceding six (6) months, any advance or sample copies of such textbooks, or any edition thereof, together with the numbers and titles of such textbooks furnished to each such recipient, and a failure to do so, or to give accurate and complete information concerning the same, shall authorize the State Board of Education to cancel the contract of such publisher. Laws 1971, c. 281, § 16-119, eff. July 2, 1971; Laws 1993, c. 229, § 17, eff. July 1, 1993. §70-16-120. Prior contracts. All legally executed contracts and extensions thereof now existing between any person, firm or corporation and the State of Oklahoma for furnishing textbooks on the basis of an exclusive adoption shall remain in full force and effect until such contract or extension thereof has expired, and the State Board of Education shall purchase and distribute such textbooks. Added by Laws 1971, c. 281, § 16-120, eff. July 2, 1971. §70-16-121. Free textbooks - Ownership - Return or payment therefor. A. All textbooks adopted, purchased and distributed to school districts shall be furnished free of cost to the school children of such districts and shall be owned by such districts and each district shall mark each textbook with an appropriate number or other identification as deemed necessary to maintain proper records thereof. Each district board of education shall ensure that all textbooks necessary for completion of assigned course work are routinely available for every child enrolled in the schools of the district for the child's personal use in a manner that will enable the child to complete assigned course work. The State Board of Education shall maintain a replacement program so that all textbooks for student use are in satisfactory condition. Nothing herein shall prevent the purchase, from local school district funds, of any adopted textbook or any additional and supplementary textbooks if the board of education of any school district deems it necessary to make such purchases in order to establish and maintain the highest standards of excellence of its schools. B. 1. Each school child who has been issued a set of textbooks pursuant to this section, and the parents or legal guardian of such child shall be responsible to the school district for the return of or payment for such textbook issued to the child which is not returned to the school. 2. The State Board of Education is authorized to promulgate rules requiring the return of or payment for any textbook used by a school child which is not returned to the school. Such rules shall provide for certain exceptions to such policies. Local boards shall include considerations for the inability to pay for the textbook, and reasons for the nonreturn of the textbook. A local school board is authorized to withhold transcripts, or other records of the school relating to any school child who fails to return a textbook or make payment for the textbook if not returned. For the purpose of this subsection, the term "transcript" shall include any record of a grade or grades given to a student by a teacher. 3. The provisions of this subsection shall not authorize the State Board of Education to prevent any school child from actually receiving a grade he is otherwise entitled to for completion of a course of study, from graduating upon completion of the requirements, or from obtaining any records or information supplied to the school or otherwise owned by the child. Laws 1971, c. 281, § 16-121, eff. July 2, 1971; Laws 1985, c. 83, § 1, emerg. eff. May 23, 1985; Laws 1993, c. 229, § 18, eff. July 1, 1993. §70-16-122. Bribes - Punishment. Any person who directly or indirectly promises or offers to give, or causes to be promised, offered or given, any money, books, bribe, present or reward or any valuable thing whatsoever to any member of the State Board of Education, the State Textbook Committee, or a local textbook committee, or any member of a board of education, teacher or other person with the intent to influence a decision on any question, matter, cause or proceeding in the selection or adoption of any textbooks, or series of textbooks, upon conviction, shall be guilty of a felony. Any teacher in the public schools of Oklahoma, any superintendent of a school district or any employee of a school district who shall in any way be interested in the profits, proceeds or sale of any school textbook used in the public schools under such person's charge, or with which such person is connected in any official capacity, upon conviction, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than Fifty Dollars ($50.00) and not more than Two Hundred Dollars ($200.00), and shall in addition thereto forfeit the office or position. Added by Laws 1971, c. 281, § 16-122, eff. July 2, 1971. Amended by Laws 1993, c. 239, § 43, eff. July 1, 1993; Laws 1993, c. 360, § 12, eff. July 1, 1993; Laws 1997, c. 133, § 573, eff. July 1, 1998. NOTE: Laws 1993, c. 229, § 19 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993. §70-16-123. Soliciting or receiving bribes - Punishment. Any member of the State Board of Education and any member of the State Textbook Committee who directly or indirectly solicits, receives or agrees to receive any money, goods, bribe, present, reward or any valuable thing whatsoever with the intent, and which will have the effect, to influence a decision on any question, matter, cause or proceeding in the selection or adoption of any textbook or series of textbooks provided for in this article, upon conviction, shall be guilty of a felony. Any superintendent of schools, any member of a board of education, and any member of a local textbook committee who directly or indirectly solicits, receives or agrees to receive any money, goods, bribe, present, reward or any valuable thing whatsoever with the intent and which will have the effect to influence a decision on any question, matter, cause or proceeding in the selection or adoption of any textbook or series of textbooks, upon conviction, shall be guilty of a misdemeanor, and shall be punished by a fine of not to exceed Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term of not to exceed six (6) months, or both such fine and imprisonment. Added by Laws 1971, c. 281, § 16-123, eff. July 2, 1971. Amended by Laws 1993, c. 239, § 44, eff. July 1, 1993; Laws 1993, c. 360, § 13, eff. July 1, 1993; Laws 1997, c. 133, § 574, eff. July 1, 1998. NOTE: Laws 1993, c. 229, § 20 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993. §70-16-124. Violations of act - Punishment. Any person, firm or corporation that violates any of the provisions of this article, or any of the rules of the State Board of Education or the State Textbook Committee adopted pursuant to the provisions of this article, the penalty for violation thereof not otherwise being provided herein, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not less than ninety (90) days and not more than one (1) year, or by both such fine and imprisonment. Any public official or public employee violating any of the provisions of this article or any of such rules shall be subject to the foregoing penalties and in addition thereto shall forfeit the position or office. Any officer or employee of the State Board of Education or of the State Textbook Committee who knowingly or willingly apportions or disburses any money appropriated to carry out the provisions hereof, contrary to the provisions hereof, shall be subject to the foregoing penalties and in addition thereto shall forfeit the office or position. Laws 1971, c. 281, § 16-124, eff. July 2, 1971; Laws 1993, c. 229, § 21, eff. July 1, 1993. §70-17-1. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-2. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-3. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-4. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-5. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-6. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-7. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-8. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-9. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-10. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-11. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-12. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-13. Repealed by Laws 1961, p. 555, § 1. §70-17-14. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-15. Repealed by Laws 1969, c. 157, § 17, operative Aug. 2, 1969. §70-17-101. Definitions. The following words and phrases as used in Section 17-101 et seq. of this title, unless a different meaning is clearly required by the context, shall have the following meanings: 1. “Retirement system” shall mean the Teachers’ Retirement System of Oklahoma, as defined in Section 17-102 of this title; 2. “Public school” shall mean a school district, a state college or university, the State Board of Education, the State Board of Career and Technology Education, and any other state educational entity conducted within the state supported wholly or partly by public funds and operating under the authority and supervision of a legally constituted board or agency having authority and responsibility for any function of public education. Public school shall also mean a tuition-free, nonprofit alternative school of choice that provides education, therapeutic counseling, and outreach programs which is aligned with a school district and which receives grant funds from governmental sources; 3. “Classified personnel” shall mean any teacher, principal, superintendent, supervisor, administrator, librarian, certified or registered nurse, college professor, or college president whose salary is paid wholly or in part from public funds. An employee of any state department, board, board of regents, or board of trustees, who is in a supervisory or an administrative position, the function of which is primarily devoted to public education, shall be considered classified personnel under the meaning of Section 17-101 et seq. of this title, at the discretion of the Board of Trustees of the Teachers’ Retirement System of Oklahoma. The term “teacher” shall also include instructors and counselors employed by the Department of Corrections and holding valid teaching certificates issued by the State Department of Education. Provided, that a person employed by the Department of Corrections as an instructor or counselor shall have been actively engaged in the teaching profession for a period not less than three (3) years prior to employment to be eligible to participate in the Teachers’ Retirement System of Oklahoma. The Department of Corrections shall contribute the employer’s share to the Teachers’ Retirement System of Oklahoma; 4. “Nonclassified optional personnel” shall include persons hired as adjunct teachers pursuant to subsection G of Section 6- 122.3 of this title, cooks, janitors, maintenance personnel not in a supervisory capacity, bus drivers, noncertified or nonregistered nurses, noncertified librarians, and clerical employees of the public schools, state colleges, universities, or any state department, board, board of regents, or board of trustees, the functions of which are primarily devoted to public education and whose salaries are paid wholly or in part from public funds; 5. “Employer” shall mean the state and any of its designated agents or agencies with responsibility and authority for public education, such as boards of education of elementary and independent school districts, boards of regents, boards of control, or any other agency of and within the state by which a person may be employed for service in public education. Employer shall also mean the board of directors of a tuition-free, nonprofit alternative school of choice that provides education, therapeutic counseling, and outreach programs which is aligned with a school district and which receives grant funds from governmental sources; 6. “Member” shall mean any teacher or other employee included in the membership of the system as provided in Section 17-103 of this title; 7. “Board of Trustees” shall mean the board provided for in Section 17-106 of this title to administer the retirement system; 8. “Prior service” shall mean withdrawn service, provided: a. before July 1, 2021, prior service shall exclude service attributable to any membership period during which nonclassified optional members voluntarily ceased contributions while remaining employed in public education or voluntarily withdrew from membership in the System, and b. on and after July 1, 2021, prior service shall exclude service attributable to any period of time during which nonclassified optional members opted out of membership in the System; 9. “Membership service” shall mean service as a member of the classified or nonclassified optional personnel as defined in paragraphs 3 and 4 of this section; 10. “Creditable service” shall mean membership service plus any other service authorized under this title; 11. “Annuitant” shall mean any person in receipt of an annuity as defined in paragraph 15 of this section; 12. “Accumulated contributions” shall mean the sum of all amounts deducted from the compensation of a member and credited to the member’s individual account in the Teachers’ Savings Fund, together with applicable interest as of June 30, 1968; 13. “Earnable compensation” shall mean the full rate of the compensation that would be payable to a member who worked the full normal working time; 14. “Average salary”: a. for those members who joined the System prior to July 1, 1992, shall mean the average of the salaries for the three (3) years on which the highest contributions to the Teachers’ Retirement System of Oklahoma were paid not to exceed the maximum contribution level specified in Section 17-116.2 of this title or the maximum compensation level specified in paragraph 25 of this section. Provided, no member shall retire with an average salary in excess of Twenty-five Thousand Dollars ($25,000.00) unless the member has made the required election and paid the required contributions on such salary in excess of Twenty-five Thousand Dollars ($25,000.00), or unless an eligible member fulfills the requirements of Section 17-116.2C of this title in order to have pre-cap removal service included in the retirement benefit computation of the member using the regular annual compensation of the member for any pre-cap removal year of service so included subject to the maximum average salary amount, and b. for those members who join the System after June 30, 1992, shall mean the average of the salaries for five (5) consecutive years on which the highest contributions to the Teachers’ Retirement System of Oklahoma were paid. Only salary on which required contributions have been made may be used in computing average salary; 15. “Annuity” shall mean a lifetime benefit payable in fixed monthly installments; 16. “Retirement allowance” is one-twelfth (1/12) of the annual retirement benefit which shall be payable monthly; 17. “Retirement Benefit Fund” shall mean the fund from which all retirement benefits shall be paid based on such mortality tables as shall be adopted by the Board of Trustees; 18. “Actuary” shall mean a person or firm especially skilled through training and experience in financial calculation respecting the expectancy and duration of life; 19. “Actuarial equivalent” shall mean a benefit of equal value when computed upon the basis of such mortality and other tables as shall be adopted by the Board of Trustees; 20. The masculine pronoun, whenever used, shall include the feminine; 21. “Actuarially determined cost” shall mean the single sum which is actuarially equivalent in value to a specified annuity amount as determined on the basis of mortality and interest assumptions adopted by the Board of Trustees; 22. “Normal retirement age” means the earliest date upon which: a. a member reaches the age sixty-two (62) with respect to a member whose first creditable service occurs prior to November 1, 2011, unless the member reaches a normal retirement date pursuant to subparagraph c or subparagraph d of this paragraph, b. a member reaches the age of sixty-five (65) with respect to a member whose first creditable service occurs on or after November 1, 2011, or with respect to a member whose first creditable service occurs on or after November 1, 2011, reaches a normal retirement date pursuant to subparagraph d of this paragraph having attained a minimum age of sixty (60) years, c. the age at which the sum of a member’s age and number of years of creditable service total eighty (80), with respect to a member whose first creditable service occurred prior to July 1, 1992, and who does not reach a normal retirement age pursuant to subparagraph a of this paragraph, or d. the age at which the sum of a member’s age and number of years of creditable service total ninety (90), with respect to a member whose first creditable service occurred on or after July 1, 1992, but prior to November 1, 2011, if the member does not reach a normal retirement age pursuant to subparagraph a of this paragraph; 23. “Regular annual compensation” means salary plus fringe benefits, excluding the flexible benefit allowance pursuant to Section 26-105 of this title. For purposes of this definition, regular annual compensation shall include: a. salary which accrues on a regular basis in proportion to the service performed including payments for staff development, b. amounts that would otherwise qualify as salary under subparagraph a of this paragraph but are not received directly by the member pursuant to a good-faith, voluntary written salary reduction agreement in order to finance payments to a deferred compensation or tax- sheltered annuity program or to finance benefit options under a cafeteria plan qualifying under the United States Internal Revenue Code, 26 U.S.C., Section 101 et seq., c. group health and disability insurance, group term life insurance, annuities, and pension plans, provided on a periodic basis to all qualified employees of the employer, which qualify as fringe benefits under the United States Internal Revenue Code, and d. excluded from regular annual compensation are: (1) expense reimbursement payments, (2) office, vehicle, housing, or other maintenance allowances, (3) the flexible benefit allowance provided pursuant to Section 26-105 of this title, (4) payment for unused vacation and sick leave, (5) any payment made for reason of termination or retirement not specifically provided for in divisions (1) through (3) of this subparagraph, (6) maintenance or other nonmonetary compensation, (7) payment received as an independent contractor or consultant, pursuant to a lawful contract which complies with the requirements of subsection B of Section 6-101.2 of this title, (8) any benefit payments not made pursuant to a valid employment agreement, (9) compensation for clinical related activity performed in the University of Oklahoma Health Sciences Center (OUHSC) Professional Practice Plan or Oklahoma State University Center for Health Sciences (OSU-CHS) Professional Practice Plan, and (10) any other compensation not described in subparagraphs a through c of this paragraph; 24. “Active classroom teacher” means a person employed by a school district to teach students specifically identified classes for specifically identified subjects during the course of a semester, and who holds a valid certificate or license issued by and in accordance with the rules and regulations of the State Board of Education; 25. “Maximum compensation level” shall, except as otherwise authorized pursuant to the provisions of Section 17-116.2C of this title, mean: a. Twenty-five Thousand Dollars ($25,000.00) for creditable service authorized and performed prior to July 1, 1995, for members not electing a higher maximum compensation level, b. Forty Thousand Dollars ($40,000.00) for creditable service authorized and performed prior to July 1, 1995, for members electing a maximum compensation level in excess of Twenty-five Thousand Dollars ($25,000.00), c. Twenty-seven Thousand Five Hundred Dollars ($27,500.00) for members who, as of June 30, 1995, had elected to have a maximum compensation level not in excess of Twenty-five Thousand Dollars ($25,000.00), and who were employed by an entity or institution within The Oklahoma State System of Higher Education for creditable service authorized and performed on or after July 1, 1995, but not later than June 30, 1996, if such member does not elect a higher maximum compensation level for this period as authorized by Section 17-116.2A of this title, d. Thirty-two Thousand Five Hundred Dollars ($32,500.00) for members employed by a comprehensive university if the member meets the requirements imposed by Section 17-116.2A of this title and the member elects to impose a higher maximum compensation level for service performed on or after July 1, 1995, but not later than June 30, 1996, e. Forty-four Thousand Dollars ($44,000.00) for members who, as of June 30, 1995, had elected to have a maximum compensation level in excess of Twenty-five Thousand Dollars ($25,000.00), and who were employed by an entity or institution within The Oklahoma State System of Higher Education for creditable service authorized and performed on or after July 1, 1995, but not later than June 30, 1996, if such member does not elect a higher maximum compensation level for this period as authorized by Section 17-116.2A of this title, f. Forty-nine Thousand Dollars ($49,000.00) for members employed by a comprehensive university if the member meets the requirements imposed by Section 17-116.2A of this title and the member elects to impose a higher maximum compensation level for service performed on or after July 1, 1995, but not later than June 30, 1996, g. the following amounts for creditable service authorized and performed by members employed by a comprehensive university, based upon the election of the member in effect as of June 30, 1995: (1) for members who elected a maximum compensation level not in excess of Twenty-five Thousand Dollars ($25,000.00): (a) Thirty-two Thousand Five Hundred Dollars ($32,500.00) for service authorized and performed on or after July 1, 1996, but not later than June 30, 1997, (b) Thirty-seven Thousand Five Hundred Dollars ($37,500.00) for service authorized and performed on or after July 1, 1997, but not later than June 30, 1998, (c) Forty-two Thousand Five Hundred Dollars ($42,500.00) for service authorized and performed on or after July 1, 1998, but not later than June 30, 2000, (d) Forty-seven Thousand Five Hundred Dollars ($47,500.00) for service authorized and performed on or after July 1, 2000, but not later than June 30, 2001, (e) Fifty-two Thousand Five Hundred Dollars ($52,500.00) for service authorized and performed on or after July 1, 2001, but not later than June 30, 2002, (f) Fifty-seven Thousand Five Hundred Dollars ($57,500.00) for service authorized and performed on or after July 1, 2002, but not later than June 30, 2003, (g) Sixty-two Thousand Five Hundred Dollars ($62,500.00) for service authorized and performed on or after July 1, 2003, but not later than June 30, 2004, (h) Sixty-seven Thousand Five Hundred Dollars ($67,500.00) for service authorized and performed on or after July 1, 2004, but not later than June 30, 2005, (i) Seventy-two Thousand Five Hundred Dollars ($72,500.00) for service authorized and performed on or after July 1, 2005, but not later than June 30, 2006, (j) Seventy-seven Thousand Five Hundred Dollars ($77,500.00) for service authorized and performed on or after July 1, 2006, but not later than June 30, 2007, and (k) the full amount of regular annual compensation for service authorized and performed on or after July 1, 2007, and (2) for members who elected a maximum compensation level in excess of Twenty-five Thousand Dollars ($25,000.00): (a) Forty-nine Thousand Dollars ($49,000.00) for service authorized and performed on or after July 1, 1996, but not later than June 30, 1997, (b) Fifty-four Thousand Dollars ($54,000.00) for service authorized and performed on or after July 1, 1997, but not later than June 30, 1998, (c) Fifty-nine Thousand Dollars ($59,000.00) for service authorized and performed on or after July 1, 1998, but not later than June 30, 2000, (d) Sixty-four Thousand Dollars ($64,000.00) for service authorized and performed on or after July 1, 2000, but not later than June 30, 2001, (e) Sixty-nine Thousand Dollars ($69,000.00) for service authorized and performed on or after July 1, 2001, but not later than June 30, 2002, (f) Seventy-four Thousand Dollars ($74,000.00) for service authorized and performed on or after July 1, 2002, but not later than June 30, 2003, (g) Seventy-nine Thousand Dollars ($79,000.00) for service authorized and performed on or after July 1, 2003, but not later than June 30, 2004, (h) Eighty-four Thousand Dollars ($84,000.00) for service authorized and performed on or after July 1, 2004, but not later than June 30, 2005, (i) Eighty-nine Thousand Dollars ($89,000.00) for service authorized and performed on or after July 1, 2005, but not later than June 30, 2006, (j) Ninety-four Thousand Dollars ($94,000.00) for service authorized and performed on or after July 1, 2006, but not later than June 30, 2007, and (k) the full amount of regular annual compensation for service authorized and performed on or after July 1, 2007, and h. the full amount of regular annual compensation of: (1) a member of the retirement system not employed by an entity or institution within The Oklahoma State System of Higher Education for all creditable service authorized and performed on or after July 1, 1995, (2) a member of the retirement system first employed on or after July 1, 1995, by an entity or institution within The Oklahoma State System of Higher Education for all creditable service authorized and performed on or after July 1, 1995, but not later than June 30, 1996, (3) a member of the retirement system employed by an entity or institution within The Oklahoma State System of Higher Education, other than a comprehensive university, if the member elects to impose a higher maximum compensation level for service performed on or after July 1, 1995, but not later than June 30, 1996, pursuant to subsection B of Section 17-116.2A of this title, (4) a member of the retirement system who is first employed on or after July 1, 1996, by any entity or institution within The Oklahoma State System of Higher Education including a comprehensive university, for creditable service authorized and performed on or after July 1, 1996, (5) a member of the retirement system who, as of July 1, 1996, is subject to a maximum compensation level pursuant to subparagraph g of this paragraph if the member terminates service with a comprehensive university and is subsequently reemployed by a comprehensive university, (6) a member of the retirement system employed by a comprehensive university for all service performed on and after July 1, 2007, or (7) an eligible member of the retirement system who fulfills the requirements of Section 17-116.2C of this title with respect to pre-cap removal service included in the retirement benefit computation of the member at the average salary of the member subject to the maximum average salary amount; and 26. “Comprehensive university” shall mean: a. the University of Oklahoma and all of its constituent agencies including the University of Oklahoma Health Sciences Center, the University of Oklahoma Law Center, and the Oklahoma Geological Survey, and b. Oklahoma State University and all of its constituent agencies including the Oklahoma State University Agricultural Experiment Station, the Oklahoma State University Agricultural Extension Division, the Oklahoma State University College of Veterinary Medicine, the Oklahoma State University Center for Health Sciences, the Technical Branch at OSU-Oklahoma City, the Oklahoma State University Institute of Technology-Okmulgee, and Oklahoma State University- Tulsa. Added by Laws 1969, c. 157, § 1, operative Aug. 2, 1969. Amended by Laws 1970, c. 176, § 1, operative Aug. 2, 1970; Laws 1978, c. 238, § 1, eff. July 1, 1978; Laws 1979, c. 286, § 1, eff. July 1, 1979; Laws 1980, c. 355, § 1, eff. July 1, 1980; Laws 1982, c. 329, § 3, eff. July 1, 1982; Laws 1985, c. 180, § 1, eff. July 1, 1985; Laws 1987, c. 236, § 167, emerg. eff. July 20, 1987; Laws 1989, c. 101, § 1, operative July 1, 1989; Laws 1990, c. 340, § 26, eff. July 1, 1990; Laws 1991, c. 3, § 20, eff. July 1, 1991; Laws 1992, c. 376, § 6, eff. July 1, 1992; Laws 1993, c. 239, § 45, eff. July 1, 1993; Laws 1996, c. 359, § 1, eff. July 1, 1996; Laws 1998, c. 380, § 1, emerg. eff. June 9, 1998; Laws 1999, c. 105, § 1, eff. July 1, 1999; Laws 2001, c. 33, § 111, eff. July 1, 2001; Laws 2004, c. 536, § 16, eff. July 1, 2004; Laws 2005, c. 1, § 118, emerg. eff. March 15, 2005; Laws 2006, 2nd Ex. Sess., c. 46, § 3, eff. July 1, 2006; Laws 2008, c. 54, § 5, eff. July 1, 2008; Laws 2008, c. 270, § 2, eff. July 1, 2008; Laws 2011, c. 203, § 1, eff. Nov. 1, 2011; Laws 2013, c. 101, § 1, eff. Nov. 1, 2013; Laws 2014, c. 114, § 1, eff. Nov. 1, 2014; Laws 2022, c. 121, § 2, eff. July 1, 2022; Laws 2024, c. 300, § 1, eff. July 1, 2024. NOTE: Laws 2004, c. 315, § 1 repealed by Laws 2005, c. 1, § 119, emerg. eff. March 15, 2005. Laws 2004, c. 385, § 9 repealed by Laws 2005, c. 1, § 120, emerg. eff. March 15, 2005. §70-17-101.1. Transfer of employees of Oklahoma Board of Private Vocational Schools to Teachers' Retirement System. A. Except as otherwise provided for in this section, employees of the Oklahoma Board of Private Vocational Schools shall be members of the Teachers' Retirement System of Oklahoma. B. Employees of the Oklahoma Board of Private Vocational Schools who were as of June 30, 1986, employees of the Oklahoma Board of Private Schools and members of the Oklahoma Public Employees Retirement System shall cease accruing benefits in the Oklahoma Public Employees Retirement System and commence accruing benefits under the Teachers' Retirement System of Oklahoma on August 1, 1986. The Oklahoma Public Employees Retirement System shall transfer to the Teachers' Retirement System of Oklahoma the retirement records for each such employee and the actual amount contributed to the Oklahoma Public Employees Retirement System by the state and by each such employee transferring to the Oklahoma Teachers' Retirement System. All years and months of service accrued by each such employee pursuant to the provisions of the Oklahoma Public Employees Retirement System shall be treated as credited service in the Teachers' Retirement System of Oklahoma. C. Employees of the Oklahoma Board of Private Vocational Schools who were as of June 30, 1986, employees of the Oklahoma Board of Private Schools and members of the Oklahoma Public Employees Retirement System, individually may choose to remain members of the Oklahoma Public Employees Retirement System. Any such employee choosing to remain a member of the Oklahoma Public Employees Retirement System shall submit written notification of such choice to the Oklahoma Department of Career and Technology Education prior to August 1, 1986. On August 1, 1986, the Oklahoma Department of Career and Technology Education shall notify the Oklahoma Public Employees Retirement System of those employees who chose to remain members of the Oklahoma Public Employees Retirement System and such employees shall not be transferred from the Oklahoma Public Employees Retirement System to the Teachers' Retirement System of Oklahoma. Added by Laws 1986, c. 258, § 13, operative July 1, 1986. Amended by Laws 2001, c. 33, § 112, eff. July 1, 2001. §70-17-102. Establishment of system - Powers and privileges - Name. A retirement system is hereby established and placed under the management of the Board of Trustees for the purpose of providing retirement allowances and other benefits under the provisions of this act for teachers of the State of Oklahoma. The Board of Trustees shall have the power and privileges of a corporation and shall be known as the "Board of Trustees of the Teachers' Retirement System of Oklahoma", and by such name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received. Laws 1969, c. 157, § 2, operative Aug. 2, 1969; Laws 1971, c. 281, § 24-122, eff. July 2, 1971. §70-17-102.1. Termination of retirement plan. (1) In the event a plan of the retirement system is terminated or partially terminated the right of all participants or in the event of partial termination the rights of the affected participants, whether retired or otherwise, shall become fully vested. (2) In the event of termination of the plan, the Board of Trustees shall distribute the net assets of the fund, allowing a period of not less than six (6) nor more than nine (9) months for dissolution of disability claims, as follows: (a) First, accumulated contributions shall be allocated to each respective participant, former participant, retired member, joint annuitant or beneficiary then receiving payments. If these assets are insufficient for this purpose, they shall be allocated to each such person in the proportion which his accumulated contributions bear to the total of all such participants' accumulated contributions. For purposes of this section, contribution means payment into the system by an employer or employee for the benefit of an individual employee. (b) The balance of such assets, if any, remaining after making the allocations provided in subparagraph (a) of this section shall be disposed of by allocating to each person then having an interest in the fund the excess of his retirement income under the plan less the retirement income which is equal to the actuarial equivalent of the amount allocated to him under subparagraph (a) of this section. Such allocation shall be made with the full amount of the remaining assets to be allocated to the persons in each group in the following order of precedence: (i) those retired members, joint annuitants or beneficiaries receiving benefits, (ii) those members eligible to retire, (iii) those members eligible for early retirement, (iv) former participants electing to receive a vested benefit, and (v) all other members. In the event the balance of the fund remaining after all allocations have been made with respect to all retirement income in a preceding group is insufficient to allocate the full actuarial equivalent of such retirement income to all persons in the group for which it is then being applied, such balance of the fund shall be allocated to each person in such group in the proportion which the actuarial equivalent of the retirement income allocable to him pursuant to such group bears to the total actuarial equivalent of the retirement income so allocable to all persons in such group. Provided no discrimination in value results, the Board of Trustees shall distribute the amounts so allocated in one of the following manners as the Board of Trustees in their discretion may determine: (i) by continuing payment of benefits as they become due, or (ii) by paying, in cash, the amount allocated to any such person. Added by Laws 1978, c. 238, § 2, eff. July 1, 1978. §70-17-102.2. Tax qualification as a governmental retirement plan. The retirement system shall satisfy the applicable qualification requirements for governmental plans as specified in Sections 401 and 414(d) of the Internal Revenue Code of 1954 or 1986, as amended from time to time and as appropriate for a governmental plan (hereinafter referred to as the "Code"). In addition to other Code provisions otherwise noted, and in order to satisfy the applicable requirements under the Code, the retirement system shall be subject to the following provisions, notwithstanding any other provision of the retirement system law: (1) The Board of Trustees shall distribute the corpus and income of the retirement system to the members and their beneficiaries in accordance with the retirement system law. (2) Forfeitures arising from severance of employment, death, or for any other reason may not be applied to increase the benefits any member would otherwise receive under the retirement system law. (3) All benefits paid from the retirement system shall be distributed in accordance with the requirements of Code Section 401(a)(9) and the regulations thereto. In order to meet these requirements, the retirement system shall be administered in accordance with the following provisions: (a) The life expectancy of a member or the member's spouse may not be recalculated after the benefits commence. (b) If a member dies before the distribution of the member's benefits has begun, distributions to beneficiaries must begin no later than December 31 of the calendar year immediately following the calendar year in which the member died. (c) The amount of benefits payable to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of the Code. (4) The Board of Trustees or its designee may not: (a) determine eligibility for benefits, (b) compute rates of contribution, or (c) compute benefits of members or beneficiaries, in a manner that discriminates in favor of members who are considered officers, supervisors, or highly compensated, as prohibited under Code Section 401(a)(4). (5) Benefits paid from the retirement system shall not exceed the maximum benefits permissible under Code Section 415. (6) The Board of Trustees may not engage in a transaction prohibited by Code Section 503(b). (7) To the extent required by Code Section 401(a)(31), the retirement system shall allow members and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan. Added by Laws 1994, c. 380, § 1, eff. July 1, 1994. §70-17-102.3. Tax-Sheltered Annuity Program - Federal tax qualification - Termination. The Tax-Sheltered Annuity Program provided by Section 17-101 et seq. of this title shall satisfy the applicable qualification requirements for grandfathered governmental tax-sheltered annuity programs as specified in 26 U.S.C. Section 403(b) and the relevant regulatory provisions and guidance related thereto. In order to satisfy these requirements and guidelines, the Teachers' Retirement Tax-Sheltered Annuity Program shall be subject to the following provisions, notwithstanding any other provision of the law governing the Oklahoma Teachers' Retirement System: (1) The Board of Trustees shall administer and distribute the corpus and income of the Tax-Sheltered Annuity Program to members and their beneficiaries pursuant to the applicable requirements under 26 U.S.C. Section 403(b), relevant regulatory provisions and guidance under 26 U.S.C. Section 403(b), and in accordance with the law governing the Oklahoma Teachers' Retirement System. (2) All benefits paid from the retirement system shall be distributed in accordance with the applicable requirements of 26 U.S.C. Sections 403(b)(10) and 401(a)(9) and the regulations thereto. (3) To the extent required by 26 U.S.C. Sections 403(b)(10) and 401(a)(31), the retirement system shall allow members and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan. (4) To the extent required under 26 U.S.C. Section 403(b)(11) and the regulations thereto, distributions under the Tax-Sheltered Annuity Program shall only be paid when the member attains the age of fifty-nine and one-half (59 1/2) years, separates from service, dies, becomes disabled, or in the case of hardship. (5) The Board of Trustees may terminate the Tax-Sheltered Annuity Program administered under 26 U.S.C. Section 403(b). The Board of Trustees shall do so in accordance with the requirements of federal tax law and in a way that is designed to minimize financial harm to the participants in the program. To assist in minimizing any such harm, an employer that sponsors a local tax-sheltered annuity program under 26 U.S.C. Section 403(b) and that has an active or inactive participant with an account balance under the program, shall permit the provider administering the program on the effective date of such termination to be a provider in the local program and to offer the same investment options to program participants that were available under the program. The employer is required to permit the program provider to remain a provider under the local program for a two-year period beginning with the first day of the local program's plan year following the effective date of such termination; provided, that this requirement shall apply with respect to an investment option only so long as the program provider continues to lawfully provide the investment option. Notwithstanding the foregoing, any program participant may elect to remit contributions to and/or, subject to any contractual restrictions, transfer the balance of the program participant to, any other approved provider under the local program at any time during the two-year period provided herein. An employer that sponsors a local program that includes the program as the only investment option, and that has an active or inactive participant with an account balance under the program, shall permit the program provider to be a provider in that local program subject to the above terms, or the local program of the employer shall terminate at such time that the program is terminated, in which case the employer shall be prohibited from contributing to any 403(b) program on behalf of any employee for the twelve-month period required under Treasury Regulation Section 1.403(b)-10. Added by Laws 1994, c. 380, § 2, eff. July 1, 1994. Amended by Laws 2018, c. 248, § 1. §70-17-103. Membership. Except as provided in the Alternate Retirement Plan for Comprehensive Universities Act, the membership of the retirement system shall consist of the following: A. All classified personnel shall become members of the retirement system as a condition of their employment. B. For the period from August 2, 1969, to June 30, 2021, all full-time nonclassified optional personnel regularly employed for more than one (1) year may join the Teachers’ Retirement System of Oklahoma subject to the rules and regulations adopted pursuant to the Teachers’ Retirement System of Oklahoma. On or after July 1, 2021, all nonclassified optional personnel regularly employed for twenty (20) hours or more per week may join the System upon hiring or eligibility, subject to the provisions of subsection C of this section and the rules and regulations adopted by the System pursuant to Section 17-101 et seq. of this title. C. 1. Nonclassified optional personnel shall have thirty (30) days from the initial date of hire or eligibility to make a one-time irrevocable election to opt out of participation in the System, in a manner required by the Board of Trustees. If an eligible employee fails to make an election within the thirty-day period, the eligible employee shall be deemed to participate in the System. 2. If an eligible employee elects to opt out of participation in the System, the employee shall not make any required employee contributions to the System and the employee’s employer shall not make any required employer contributions to the System. 3. If an eligible nonclassified optional employee does not timely opt out of participation in the System, such an employee shall make employee contributions to the System pursuant to Section 17-116.2 of this title and the employer shall make employer contributions to the System pursuant to Section 17-108.1 of this title. Nothing in this subsection shall be construed to prohibit the employer from making the contribution of the employee to the System on behalf of the employee. 4. Nonclassified optional personnel who opt out of participation in the System shall be ineligible for future participation in the System; provided, however, that if such an employee is hired for a classified position, he or she shall become a member of the System pursuant to subsection A of this section but shall not be eligible for prior service credit for service performed while employed in a nonclassified position during which the employee opted out of participation in the System. D. The Board of Trustees may, in its discretion, deny the right to become members to any class of members whose compensation is only partly paid by the state, or who is serving on a temporary or other than per annum basis, and it also may, in its discretion, make the individual entrance into the retirement system for members in any such class optional. E. Should any non-vested member, in any period of six (6) consecutive years after becoming a member, be absent from service more than five (5) years, withdraw his or her contributions, retire or die, he or she shall thereupon cease to be a member. The provisions of this subsection shall not apply to any member of the Teachers’ Retirement System of Oklahoma who has been a member of such classes of military services as may be approved by the Board of Trustees, until a period of one and one-half (1 1/2) years from date of termination of such service shall have elapsed. F. Effective November 1, 2019, a retired member of the Teachers’ Retirement System of Oklahoma who becomes employed by the State Department of Education for the first time on or after November 1, 2019, shall have the option to remain a member of the Teachers’ Retirement System of Oklahoma subject to any applicable limitations placed on retired members returning to work or may choose to participate as an active member in the Oklahoma Public Employees Retirement System defined benefit plan or the Oklahoma Public Employees Retirement System defined contribution system, whichever is applicable under the laws and rules governing those systems. Added by Laws 1969, c. 157, § 3, operative Aug. 2, 1969. Amended by Laws 1970, c. 176, § 2, operative Aug. 2, 1970; Laws 1976, c. 252, § 4, operative July 1, 1976; Laws 1978, c. 238, § 3, eff. July 1, 1978; Laws 1985, c. 180, § 2, eff. July 1, 1985; Laws 1986, c. 283, § 1, operative July 1, 1986; Laws 1990, c. 340, § 27, eff. July 1, 1990; Laws 2001, c. 336, § 1, eff. July 1, 2001; Laws 2003, c. 326, § 1, eff. July 1, 2003; Laws 2004, c. 385, § 10, eff. July 1, 2004; Laws 2010, c. 357, § 1, eff. July 1, 2010; Laws 2019, c. 141, § 1, eff. Nov. 1, 2019; Laws 2021, c. 437, § 1, eff. July 1, 2021; Laws 2024, c. 300, § 2, eff. July 1, 2024. NOTE: Sections 17-101 through 17-119 of this title were designated Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24- 122, eff. July 2, 1971. §70-17-103.1. Oklahoma State University Cooperative Extension Service employees - Transfer to Teachers' Retirement System. Employees of the Oklahoma State University Cooperative Extension Service who are members of the Oklahoma Public Employees Retirement System shall cease accruing benefits in the Oklahoma Public Employees Retirement System and shall commence accruing benefits under the Teachers' Retirement System of Oklahoma on July 1, 1987. On January 1, 1988, the Oklahoma Public Employees Retirement System shall transfer to the Teachers' Retirement System of Oklahoma the actual amount contributed to the Oklahoma Public Employees Retirement System by the state and by each employee of the Oklahoma State University Cooperative Extension Service transferring to the Teachers' Retirement System of Oklahoma and the retirement records of those transferring employees. Service accrued by said employee of the Oklahoma State University Cooperative Extension Service under the Oklahoma Public Employees Retirement System shall be treated as credited service under the Teachers' Retirement System of Oklahoma. For purposes of this section, creditable service transferred from the Oklahoma Public Employees Retirement System shall include service authorized under paragraph (f) of subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes. Members who retire prior to July 1, 1990, shall have their monthly benefit adjusted to include all services accrued under paragraph (f) of subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes. Provided however, that any adjustment of existing retirement benefits caused by reason of inclusion of such service authorized under paragraph (f) of subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes shall not affect any retirement benefit paid prior to July 1, 1990. Added by Laws 1987, c. 236, § 168, emerg. eff. July 20, 1987. Amended by Laws 1990, c. 156, § 1, eff. July 1, 1990. §70-17-104. Credit for years of service - Prior service credits. A. The Board of Trustees of the Teachers’ Retirement System of Oklahoma shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one (1) year of service, but in no case shall more than one (1) year of service be creditable for all services in one (1) school year. Service rendered for a regular school year shall be equivalent to one (1) year of service. B. If a member who has previously withdrawn service returns to service in Oklahoma and completes one (1) year of membership service credit, the member may reestablish prior service credit by redepositing the amount formerly withdrawn, with the interest at ten percent (10%) per annum. No member shall be permitted to redeposit prior service more than one time. C. The Board of Trustees may adopt such other rules and regulations to verify, process, and credit the service herein claimed. Added by Laws 1969, c. 157, § 4, operative Aug. 2, 1969. Amended by Laws 1970, c. 77, § 1, emerg. eff. March 20, 1970; Laws 1989, c. 327, §1, eff. July 1, 1989; Laws 2024, c. 300, § 3, eff. July 1, 2024. §70-17-105. Retirement. A. 1. Any member who has attained age fifty-five (55) or who has completed thirty (30) years of creditable service, as defined in Section 17-101 of this title, or for any person who initially became a member prior to July 1, 1992, regardless of whether there were breaks in service after July 1, 1992, whose age and number of years of creditable service total eighty (80) may be retired upon proper application for retirement as established by the Teachers’ Retirement System of Oklahoma. Such a retirement date will also apply to any person who became a member of the sending system as defined in Section 17-116.2 of this title, prior to July 1, 1992, regardless of whether there were breaks in service after July 1, 1992. Any person who became a member after June 30, 1992, but prior to November 1, 2011, whose age and number of years of creditable service total ninety (90) may be retired upon proper application for retirement as established by the System. Any person who becomes a member on or after November 1, 2011, who attains the age of sixty- five (65) years or who reaches a normal retirement date pursuant to subparagraph d of paragraph 22 of Section 17-101 of this title having attained a minimum age of sixty (60) years may be retired upon proper application for retirement as established by the System. The application shall be filed with the System in a manner required by the Board of Trustees. 2. The employer shall provide the System with the following information for a retiring member, no later than the fifteenth day of the month of retirement: last day physically on the job; last day on payroll; any regular compensation not already reported to the System; and final unused sick leave balance. 3. Failure to submit this information by the deadline, or errors in submitted information that result in a disqualification of retirement eligibility, shall be the responsibility of the employer. In cases where the error results in disqualification of retirement eligibility, it is the employer’s responsibility to reemploy the member, or retain the member on the payroll, for the time period required to reach eligibility, not exceeding two (2) months. B. An individual who becomes a member of the Teachers’ Retirement System of Oklahoma after July 1, 1967, through October 31, 2017, shall be employed by the public schools, state colleges, or universities of Oklahoma for a minimum of five (5) years and be a contributing member of the Teachers’ Retirement System of Oklahoma for a minimum of five (5) years to qualify for monthly retirement benefits from the Teachers’ Retirement System of Oklahoma. An individual who becomes a member of the Teachers’ Retirement System of Oklahoma on or after November 1, 2017, shall be employed by the public schools, state colleges or universities of Oklahoma for a minimum of seven (7) years and be a contributing member of the Teachers’ Retirement System of Oklahoma for a minimum of seven (7) years to qualify for monthly retirement benefits from the Teachers’ Retirement System of Oklahoma. C. Individuals becoming members after July 1, 1967, through October 31, 2017, with five (5) or more years of Oklahoma service and whose accumulated contributions during such period have not been withdrawn shall be given an indefinite extension of membership beginning with the sixth year following the member’s last contributing membership. Individuals becoming members on or after November 1, 2017, with seven (7) or more years of Oklahoma service and whose accumulated contributions during such period have not been withdrawn shall be given an indefinite extension of membership beginning with the eighth year following the member’s last contributing membership. D. Nonclassified optional personnel who have retired or who retire at sixty-two (62) years of age or older or whose retirement is because of disability shall have minimum retirement benefits calculated on an average salary of Five Thousand Three Hundred Fifty Dollars ($5,350.00) or, if a larger monthly allowance would result, an amount arrived at pursuant to application of the formula prescribed herein. E. No member shall receive a lesser retirement benefit than the member would have received under the law in effect at the time the member retired. Any individual under the Teachers’ Retirement System of Oklahoma, who through error in stating the title of the position which the member held, may, at the discretion of the Board of Trustees, be changed from the nonclassified optional group to the classified group for the purpose of calculating retirement benefits. F. The value of each year of prior service is the total monthly retirement benefit divided by the number of years of creditable service. G. Upon application of a member who is actively engaged in teaching in Oklahoma or upon application of the member’s employer, any member who has been a contributing member for ten (10) years may be retired by the System subsequent to the execution and filing thereof, on a disability retirement allowance, provided that it is found by the Medical Board after medical examination of such member by a duly qualified physician that such member is mentally or physically incapacitated for further performance of duty, that such incapacity is likely to be permanent, and that such member should be retired. The System shall rely on and give full consideration to the conclusions and recommendations in the certified written report of the Medical Board of the Teachers’ Retirement System of Oklahoma regarding the disability application of such member. If the Medical Board does not find that a member applying for disability retirement is mentally or physically incapacitated for performance of duty or otherwise eligible for a disability retirement, the application shall then be considered by the Board of Trustees. If a member is determined to be eligible for disability benefits pursuant to the Social Security System, then such determination shall entitle the member to the authorized disability retirement benefits provided by law. For members who are not eligible for disability benefits pursuant to the Social Security Administration, the Board of Trustees and the Medical Board shall apply the same standard for which provision is made in the first two sentences of this subsection for determining the eligibility of a person for such disability benefits in making a determination of eligibility for disability benefits as authorized by this subsection. H. 1. A member who at the time of retirement has been found to be permanently physically or mentally incapacitated to perform the necessary duties to continue in the member’s current position shall receive a minimum monthly retirement payment for life or until such time as the member may be found to be recovered to the point where the member may return to teaching. Any member retired before July 1, 1992, shall be eligible to receive the monthly retirement benefit herein provided, but such payment shall not begin until the first payment due to the member after July 1, 1992, and shall not be retroactive. The Board of Trustees is empowered to make such rules and regulations as it considers proper to preserve equity in retirements under this provision, which shall include a provision to protect the rights of the member’s spouse. 2. A member who has qualified for retirement benefits under disability retirement shall have the total monthly payment deducted from the member’s accumulated contributions plus interest earned and any money remaining in the member’s account after the above deductions at the death of the member shall be paid in a lump sum to the beneficiary or to the estate of the member. Provided, if the deceased disabled member had thirty (30) years or more of creditable service and the death occurred after June 30, 1981, and death occurred prior to the disabled member receiving twelve monthly retirement payments, a surviving spouse may elect to receive the retirement benefit to which the deceased member would have been entitled at the time of death under the Option 2 Plan of Retirement provided for in paragraph 2 of subsection K of this section in lieu of the death benefit provided for in this paragraph and in subsection Q of this section. 3. Once each year the System may require any disabled annuitant who has not yet attained the age of sixty (60) years to undergo a medical examination, such examination to be made at the place of residence for the disabled annuitant or other place mutually agreed upon by a physician or physicians designated by the System. Should any disabled annuitant who has not yet attained the age of sixty (60) years refuse to submit to at least one medical examination in any such year by a physician or physicians designated by the System, the member’s benefits may be discontinued until the member submits to such examination. 4. Should the Medical Board report and certify to the Board of Trustees that such disabled annuitant is engaged in or is able to engage in a gainful occupation paying more than the difference between the member’s average final compensation and the annual benefit amount, and should the Board of Trustees concur in such report, then the amount of the member’s annual benefit shall be reduced to an amount which, added to the member’s earnings from a gainful occupation, shall equal the amount of the member’s average final compensation. Should the member’s earning capacity be later increased, the amount of the member’s annual benefit may be further reduced. 5. Should a disabled annuitant be restored to active service, the member’s disability retirement benefit shall cease and the member shall again become an active member of the Teachers’ Retirement System of Oklahoma and shall make regular contributions as required under this article. The unused portion of the member’s accumulated contributions shall be reestablished to the member’s credit in the Teachers’ Savings Fund. Any such prior service certificates on the basis of which the member’s service was computed at the time of the member’s retirement shall be restored to full force and effect. I. Should a member before retirement under Section 17-101 et seq. of this title make application for withdrawal duly filed with the System, not earlier than four (4) months after the date of termination of employment with a participating employer within the System, the contribution standing to the credit of the member’s individual account in the Teachers’ Savings Fund shall be paid to the member or, in the event of the member’s death before retirement, shall be paid to such person or persons as the member shall have designated in a manner required by the Board of Trustees and filed with the System; provided, however, if there is no designated beneficiary surviving upon such death, such contributions shall be paid to the member’s administrators, executors, or assigns, together with interest as hereinafter provided. Provided further, if there is no designated beneficiary surviving upon such death, and the contributions standing to the credit of such member do not exceed Two Hundred Dollars ($200.00), no part of such contributions shall be subject to the payment of any expense of the last illness or funeral of the deceased member or any expense of administration of the estate of such deceased and the System, upon satisfactory proof of the death of such member and of the name or names of the person or persons who would be entitled to receive such contributions under the laws of descent and distribution of the state, may authorize the payment of accumulated contributions to such person or persons. A member terminating membership by withdrawal after June 30, 2003, shall have the interest computed at a rate of interest determined by the Board of Trustees and paid to the member subject to the following schedule: 1. If termination occurs within sixteen (16) years from the date membership began, fifty percent (50%) of such interest accumulations shall be paid; 2. With at least sixteen (16) but less than twenty-one (21) years of membership, sixty percent (60%) of such interest accumulations shall be paid; 3. With at least twenty-one (21) but less than twenty-six (26) years of membership, seventy-five percent (75%) of such interest accumulations shall be paid; and 4. With at least twenty-six (26) years of membership, ninety percent (90%) of such interest accumulations shall be paid. In case of death of an active member, the interest shall be calculated and restored to the member’s account and paid to the member’s beneficiary. J. 1. In lieu of the Maximum Retirement Allowance payable throughout life for such an amount as determined under this section, the member may select a retirement allowance for a reduced amount payable under any of the options listed in subsection K of this section the present value of which is the actuarial equivalent thereof. 2. The first payment of any benefit selected shall be made on the first day of the month following approval of the retirement by the System. If the named joint annuitant under Option 2 or 3 dies at any time after the member’s retirement date, but before the death of the member, the member shall return to the Maximum Plan of Retirement, including any post-retirement benefit increases the member would have received had the member not selected Option 2 or 3 pursuant to paragraph 2 or 3 of subsection K of this section. The retirement allowance shall be determined at the date of death of the joint annuitant. This increase shall become effective the first day of the month following the date of death of the joint annuitant, and shall be payable for the member’s remaining lifetime. The member shall notify the Teachers’ Retirement System of Oklahoma of the death of the joint annuitant by providing a copy of the joint annuitant’s death certificate. In the absence of the death certificate being filed by the member notifying the Teachers’ Retirement System of Oklahoma of the death of the joint annuitant within six (6) months of the date of death, nothing in this subsection shall require the Teachers’ Retirement System of Oklahoma to pay more than six (6) months of retrospective benefits increase. K. 1. Option 1. A member takes a slightly reduced retirement allowance for life. If the member dies before receiving in annuity payments the present value of the member’s annuity as it was at the time of retirement, the balance shall be paid to the member’s beneficiary by designation filed with the System prior to the member’s death. 2. Option 2. A member takes a reduced retirement allowance for life. Upon the death of the member the payments shall continue to the member’s joint annuitant for the life of the joint annuitant. The designation of the joint annuitant must be filed with the System at the time of the member’s retirement and, except as provided in paragraph 2 of subsection J of this section, cannot be changed after the effective date of the member’s retirement. 3. Option 3. A member receives a reduced retirement allowance for life. Upon the death of the member one-half (1/2) of the retirement allowance paid the member shall be continued throughout the life of the member’s joint annuitant. A designation of a joint annuitant must be filed with the System at the time of the member’s retirement and, except as provided in paragraph 2 of subsection J of this section, cannot be changed after the effective date of the member’s retirement. 4. Option 4. Provided, the System may establish other retirement options if certified by the actuary to be of equivalent actuarial value to the member’s retirement allowance. Other retirement options shall be presented to the Board of Trustees for approval at its discretion. Such other benefit or benefits shall be paid either to the member or, if applicable, to such joint annuitant as the member shall nominate. L. Provided, the options listed in paragraphs 2 and 3 of subsection K of this section shall not be available if the member’s expected benefit is less than fifty percent (50%) of the lump-sum actuarial equivalent and the joint annuitant is not the spouse of the member. M. 1. A member who chose the Maximum Plan of Retirement at the time of retirement may make a one-time election to choose either Option 2 or 3 as prescribed in paragraph 2 or 3 of subsection K of this section and name the member’s spouse as joint annuitant if the member marries after making the initial election. Such an election shall be made within one (1) year of the date of marriage. The member shall provide proof of a member’s good health before the System will permit a change to either Option 2 or 3 as prescribed in paragraphs 2 and 3 of subsection K of this section and the naming of a joint annuitant. A medical examination conducted by a licensed physician is required for purposes of determining good health. Such examination must be approved by the Medical Board. The member shall be required to provide proof of age for the new joint annuitant. The System shall adjust the retirement allowance to the actuarially equivalent amount based on the new joint annuitant’s age. The Board of Trustees shall promulgate rules to implement the provisions of this subsection. 2. A member who retires after July 1, 2010, and has selected a retirement allowance for a reduced amount payable under one of the options provided for in subsection K of this section may make a one- time irrevocable election to select a different option within sixty (60) days of the member’s retirement date. The beneficiary or joint annuitant designated by the member at the time of retirement shall not be changed if the member makes the election provided for in this paragraph. 3. Any individual who is eligible to be a beneficiary or joint annuitant of a member under subsection J of this section, and who is also a beneficiary of a trust created under the Oklahoma Discretionary and Special Needs Trust Act, Section 175.81 et seq. of Title 60 of the Oklahoma Statutes, or a comparable Trust Act created under the laws of another state, hereinafter collectively referred to as “Trust Acts”, may be a beneficiary or joint annuitant under subsection J of this section by having the trustee of the trust established for the benefit of that individual named as the legal beneficiary or joint annuitant under subsection J of this section. The age of that beneficiary shall be used for calculating any benefit payable to the trust under subsection J of this section. The beneficiary of such a trust shall be treated as the beneficiary or joint annuitant under subsection J of this section except that payments of any benefits due under subsection J of this section shall be payable to the lawfully appointed trustee of the trust. The obligation of the System to pay the beneficiary or joint annuitant under subsection J of this section shall be satisfied by payment to the trustee whom the System, in good faith, believes to be the lawfully appointed trustee. Any conflict between the statutes creating and governing the Teachers’ Retirement System of Oklahoma in Section 17-101 et seq. of this title and the provisions of any Trust Act referred to above shall be resolved in favor of the statutes governing the System. If an eligible beneficiary or joint annuitant is named at the time of retirement, and becomes a beneficiary of a trust under one of the Trust Acts described herein after that time, the System will acknowledge the trust as the beneficiary upon the submission of adequate documentation of the existence of the trust. All other provisions of subsection J of this section shall apply to these subsequently created trusts. 4. The Board of Trustees of the System may recognize other trusts set up for the benefit of individuals otherwise eligible to be named as a beneficiary or joint annuitant under subsection J of this section by administrative rule if it can be done without undue additional administrative expense of the System. N. The governing board of any public school, as that term is defined in Section 17-101 of this title, is hereby authorized and empowered to pay additional retirement allowances or compensation to any person who was in the employ of such public school for not less than seven (7) school years preceding the date of the member’s retirement. Payments so made shall be a proper charge against the current appropriation or appropriations of any such public school for salaries for the fiscal year in which such payments are made. Such payments shall be made in regular monthly installments in such amounts as the governing board of any such public school, in its judgment, shall determine to be reasonable and appropriate in view of the length and type of service rendered by any such person to such public school by which such person was employed at the time of retirement. All such additional payments shall be uniform, based upon the length of service and the type of services performed, to persons formerly employed by such public school who have retired or been retired in accordance with the provisions of Section 17-101 et seq. of this title. The governing board of any such public school may adopt rules and regulations of general application outlining the terms and conditions under which such additional retirement benefits shall be paid, and all decisions of such board shall be final. O. In addition to the teachers’ retirement herein provided, teachers may voluntarily avail themselves of the federal Social Security program upon a district basis. P. Upon the death of an in-service member, the System shall pay to the designated beneficiary of the member or, if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the estate of the member, the sum of Eighteen Thousand Dollars ($18,000.00) as a death benefit. Provided, if the deceased member had ten (10) years or more of creditable service, the member’s designated beneficiary may elect to receive the retirement benefit to which the deceased member would have been entitled at the time of death under the Option 2 plan of retirement in lieu of the death benefit provided for in this subsection. Provided further, the option provided in this subsection is only available when the member has designated one individual as the designated beneficiary. The beneficiary or beneficiaries of death benefits in the amount not to exceed Eighteen Thousand Dollars ($18,000.00), but exclusive of any retirement benefit received by an electing beneficiary based upon creditable service performed by the deceased member, which are provided pursuant to this subsection, may elect to disclaim such death benefits in which case such benefits will be transferred to a person licensed as a funeral director or to a lawfully recognized business entity licensed as required by law to provide funeral services for the deceased member. The qualified disclaimer must be in writing and will be an irrevocable and an unqualified refusal to accept all or a portion of the death benefit. It must be received by the transferor no more than nine (9) months after the later of the day the transfer creating the interest in the disclaiming person is made or the day the disclaiming person attains age twenty-one (21). The interest in the death benefits must pass without direction by the disclaiming person to another person. After paying death benefits to any beneficiary or the member’s estate pursuant to this subsection, the System is discharged and released from any and all liability, obligation, and costs. The System is not required to inquire into the truth of any matter specified in this subsection or into the payment of any estate tax liability. Q. Upon the death of a retired member who has contributed to the System, the retirement system shall pay to the designated beneficiary of the member or, if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the estate of the member, the sum of Five Thousand Dollars ($5,000.00) as a death benefit. The beneficiary or beneficiaries of benefits provided pursuant to this subsection may elect to disclaim such death benefits in which case such benefits will be transferred to a person licensed as a funeral director or to a lawfully recognized business entity licensed as required by law to provide funeral services for the deceased member. The qualified disclaimer must be in writing and will be an irrevocable and an unqualified refusal to accept all or a portion of the death benefit. It must be received by the transferor no more than nine (9) months after the later of the day the transfer creating the interest in the disclaiming person is made or the day the disclaiming person attains age twenty-one (21). The interest in the death benefits must pass without direction by the disclaiming person to another person. The benefit payable pursuant to this subsection shall be deemed, for purposes of federal income taxation, as life insurance proceeds and not as a death benefit if the Internal Revenue Service approves this provision pursuant to a private letter ruling request which shall be submitted by the Board of Trustees of the System for that purpose. After paying death benefits to any beneficiary or the member’s estate pursuant to this subsection, the System is discharged and released from any and all liability, obligation, and costs. The System is not required to inquire into the truth of any matter specified in this subsection or into the payment of any estate tax liability. R. Upon the death of a member who dies leaving no living beneficiary or having designated the member’s estate as beneficiary, or upon the death of any individual who may be entitled to a benefit from the System, the System may pay any applicable death benefit, unpaid contributions, or unpaid benefit which may be subject to probate, in an amount of Twenty-five Thousand Dollars ($25,000.00) or less, without the intervention of the probate court or probate procedure pursuant to Section 1 et seq. of Title 58 of the Oklahoma Statutes. 1. Before any applicable probate procedure may be waived, the System must be in receipt of the decedent’s death certificate and the following documents from those persons claiming to be the legal heirs of the deceased member: a. the decedent’s valid last will and testament, trust documents or affidavit that a will does not exist, b. an affidavit or affidavits of heirship which must state: (1) the names and signatures of all claiming heirs to the decedent’s estate including the claiming heirs’ names, relationship to the deceased, current addresses, tax ID numbers if known and current telephone numbers, (2) a statement or statements by the claiming heirs that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction, (3) a description of the personal property claimed, (i.e., death benefit or unpaid contributions or both) together with a statement that such personal property is subject to probate, (4) a statement by each individual claiming heir identifying the amount of personal property that the heir is claiming from the System, and that the heir has been notified of, is aware of and consents to the identified claims of all the other claiming heirs of the decedent pending with the System, and (5) a statement by each individual claiming heir affirming that all debts of the decedent, including payment of last sickness, hospital, medical, death, funeral, and burial expenses have been paid or provided for, c. a written agreement or agreements signed by all claiming heirs of the decedent which provide that the claiming heirs release, discharge and hold harmless the System from any and all liability, obligations and costs which it may incur as a result of making a payment to any of the decedent’s heirs, and d. a corroborating affidavit from an individual other than a claiming heir, who was familiar with the affairs of the decedent. 2. The Executive Director of the System shall retain complete discretion in determining which requests for probate waiver may be granted or denied, for any reason. Should the System have any question as to the validity of any document presented by the claiming heirs, or as to any statement or assertion contained therein, the probate requirement provided for in Section 1 et seq. of Title 58 of the Oklahoma Statutes shall not be waived. 3. After paying any death benefits or unpaid contributions to any claiming heirs as provided pursuant to this subsection, the System is discharged and released from any and all liability, obligation and costs to the same extent as if the System had dealt with a personal representative of the decedent. The System is not required to inquire into the truth of any matter specified in this subsection or into the payment of any estate tax liability. S. Upon the death of a retired member, the benefit payment for the month in which the retired member died, if not previously paid, shall be made to the joint annuitant if still living, to the beneficiary of the member if the joint annuitant is deceased, or to the member’s estate if there is no surviving joint annuitant or beneficiary. Such benefit payment shall be made in an amount equal to a full monthly benefit payment regardless of the day of the month in which the retired member died. Upon the death of a joint annuitant receiving monthly benefit payments as prescribed herein, the benefit payment for the month in which the joint annuitant died, if not previously paid, shall be made to the joint annuitant’s estate in an amount equal to the full monthly benefit payment regardless of the day of the month on which the joint annuitant died. T. The Board of Trustees may adopt such other rules and regulations as are necessary to administer the benefits enumerated herein. Added by Laws 1969, c. 157, § 5, operative Aug. 2, 1969. Amended by Laws 1970, c. 176, § 3, operative March 2, 1970; Laws 1971, c. 31, § 1, emerg. eff. March 23, 1971; Laws 1974, c. 246, § 1, operative July 1, 1974; Laws 1975, c. 353, § 1, operative July 1, 1975; Laws 1976, c. 252, § 1, operative July 1, 1976; Laws 1978, c. 238, § 4, eff. July 1, 1978; Laws 1979, c. 286, § 2, eff. July 1, 1979; Laws 1980, c. 355, § 2, eff. July 1, 1980; Laws 1982, c. 329, § 4, eff. July 1, 1982; Laws 1984, c. 267, § 7, operative July 1, 1984; Laws 1985, c. 180, § 3, eff. July 1, 1985; Laws 1986, c. 283, § 2, operative July 1, 1986; Laws 1987, c. 236, § 169, emerg. eff. July 20, 1987; Laws 1990, c. 7, § 1, emerg. eff. March 28, 1990; Laws 1991, c. 335, § 26, emerg. eff. June 15, 1991; Laws 1992, c. 376, § 7, eff. July 1, 1992; Laws 1993, c. 322, § 15, emerg. eff. June 7, 1993; Laws 1994, c. 371, § 1, eff. July 1, 1994; Laws 1995, c. 93, § 1, eff. Nov. 1, 1995; Laws 1995, c. 358, § 8, eff. Nov. 1, 1995; Laws 1997, c. 316, § 1, eff. July 1, 1997; Laws 1997, c. 384, § 23, eff. July 1, 1997; Laws 1998, c. 419, § 9, eff. July 1, 1998; Laws 1999, c. 1, § 26, emerg. eff. Feb. 24, 1999; Laws 2002, c. 352, § 5, eff. July 1, 2002; Laws 2003, c. 326, § 2, eff. July 1, 2003; Laws 2004, c. 536, § 17, eff. July 1, 2004; Laws 2010, c. 273, § 1; Laws 2010, c. 357, § 2, eff. July 1, 2010; Laws 2011, c. 173, § 1, eff. July 1, 2011; Laws 2011, c. 203, § 2, eff. Nov. 1, 2011; Laws 2013, c. 101, § 2, eff. Nov. 1, 2013; Laws 2016, c. 129, § 1, eff. Nov. 1, 2016; Laws 2017, c. 48, § 2, eff. Nov. 1, 2017; Laws 2018, c. 248, § 2; Laws 2019, c. 268, § 1, eff. July 1, 2019; Laws 2024, c. 300, § 4, eff. July 1, 2024. NOTE: Laws 1989, 1st Ex. Sess., c. 2, § 113 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991. Laws 1994, c. 145, § 1 and Laws 1994, c. 370, § 1 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 1995, c. 1, § 26 repealed by Laws 1995, c. 358, § 13, eff. Nov. 1, 1995. Laws 1998, c. 360, § 1 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999. Laws 2004, c. 315, § 2 repealed by Laws 2005, c. 1, § 121, emerg. eff. March 15, 2005. Laws 2010, c. 263, § 1 repealed by Laws 2010, c. 357, § 8, eff. July 1, 2010. Laws 2018, c. 304, § 19 repealed by Laws 2019, c. 25, § 46, emerg. eff. April 4, 2019. NOTE: Laws 2017, c. 48, § 2 was purportedly repealed by Laws 2018, c. 304, § 20, but without reference to Laws 2018, c. 248, § 2, which amended it. NOTE: Sections 17-101 through 17-119 of this title were designated Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24- 122, eff. July 2, 1971. §70-17-105.1. Unpaid accumulated contributions - Payment to beneficiary or estate. In the event the total retirement payments made to a retired member and the retired member’s joint annuitant, if any, are less than the member’s accumulated contributions with interest as credited at the time of retirement under Section 17-105 of this title, the difference shall be paid to the member’s designated beneficiary, or if no designated beneficiary survives, then to the member’s estate. This provision shall apply to retired members dying on or after July 1, 1979. After paying unpaid accumulated contributions to any designated beneficiary or the member’s estate pursuant to this section, the Teachers’ Retirement System of Oklahoma is discharged and released from any and all liability, obligation, and costs. The System is not required to inquire into the truth of any matter specified in this section or into the payment of any estate tax liability. Added by Laws 1980, c. 355, § 6, eff. July 1, 1980. Amended by Laws 2024, c. 300, § 5, eff. July 1, 2024. §70-17-105.2. Partial lump-sum payment and reduced annuity. A. A member who is eligible to retire with at least thirty (30) years of creditable service may elect to receive a partial lump-sum payment on the date of retirement and a reduced annuity. The partial lump-sum payment shall be an amount equal to the unreduced retirement benefit, which shall be referred to as the “Maximum Retirement Allowance” for purposes of this section, which would have been paid over a period of twelve (12), twenty-four (24) or thirty- six (36) months, had the lump-sum option not been elected. Once the payout amount is elected, a reduced Maximum Retirement Allowance is then calculated using factors adopted by the Board of Trustees based upon the System’s actuarial expected rate of return and the member’s age at retirement and the payout option (twelve (12), twenty-four (24), or thirty-six (36) months) elected. This reduced Maximum Retirement Allowance shall also be reduced in accordance with any retirement options the member has elected pursuant to Section 17-105 of Title 70 of the Oklahoma Statutes. B. The partial lump-sum payment, pursuant to this section, shall be paid in a check separate from the regular monthly retirement benefit. The total amount of the partial lump-sum payment shall be deducted from the member’s account balance consisting of the employee contributions plus interest for purposes of determining unused contributions remaining in the account. The member may elect to rollover the taxable portion of the partial lump-sum payment to an eligible retirement plan or individual retirement account (IRA). The nontaxable portion of the partial lump-sum payment can be rolled over to an IRA or another qualified retirement plan as allowed by the Internal Revenue Code and regulations. This partial lump-sum payment shall be subject to federal income tax in accordance with the Internal Revenue Code Section 72 and other such Internal Revenue Code sections and regulations as may be applicable. This partial lump-sum benefit is subject to the same restrictions for assignment and attachment as all other retirement benefits. The appropriate portion of the partial lump-sum distribution will be reported to the Internal Revenue Service (IRS) as taxable income and appropriate tax withholdings will be withheld unless the member elects to make a direct rollover of the taxable portion of the funds. Should the member have after-tax contributions, a portion of such after-tax contributions will be allocated to the partial lump-sum payment and to the remaining annuity on a prorata basis. C. The partial lump-sum option under this section may be elected only once by a member and may not be elected by a retiree. D. The board of trustees shall promulgate any rules necessary for the implementation of this section. Added by Laws 2003, c. 328, § 1, eff. July 1, 2003. §70-17-106. Board of Trustees and other personnel. (1) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of the act are hereby vested in a Board of Trustees which shall be known as the Board of Trustees and shall be organized immediately after a majority of the trustees provided for in this section shall have qualified and taken the oath of office. (2) The Board shall consist of the following members and all appointees shall serve their terms at the pleasure of the appointing authority and may be removed or replaced without cause: (a) The State Superintendent of Public Instruction, ex officio or a designee. (b) The Director of the Office of Management and Enterprise Services, ex officio or a designee. (c) The Director of the Oklahoma Department of Career and Technology Education, ex officio, or his or her designee. (d) The State Treasurer, ex officio, or his or her designee. (e) One member appointed by the Governor whose initial term of office shall expire on January 14, 1991. The members thereafter appointed by the Governor shall serve a term of office of four (4) years which is coterminous with the term of office of the office of the appointing authority. (f) Two members shall be appointed by the Governor of the State of Oklahoma and approved by the Senate. The two members shall be: 1. a representative of a school of higher education in Oklahoma whose term of office shall initially be one (1) year, and 2. a member of the System of the nonclassified optional personnel status whose initial term of office shall be two (2) years. After the initial terms of office the terms of the members shall be four (4) years. (g) Upon the expiration of the term of office of the stockbroker member of the Board, the Governor shall appoint a member to the Board whose initial term of office shall expire on January 14, 1991. The members thereafter appointed by the Governor shall serve a term of office of four (4) years which is coterminous with the term of office of the office of the appointing authority. (h) Upon the expiration of the term of office of the representative of the insurance industry member of the Board, the Governor shall appoint a member to the Board whose initial term of office shall expire on January 14, 1991. The members thereafter appointed by the Governor shall serve a term of office of four (4) years which is coterminous with the term of office of the office of the appointing authority. (i) Upon the expiration of the term of office of the investment counselor member of the Board, the Governor shall appoint a member to the Board whose initial term of office shall expire on January 14, 1991. The members thereafter appointed by the Governor shall serve a term of office of four (4) years which is coterminous with the term of office of the office of the appointing authority. (j) Upon the expiration of the term of office of the active classroom teacher member of the Board, the President Pro Tempore of the Senate shall appoint a member to the Board, who shall be an active classroom teacher and whose initial term of office shall expire on January 8, 1991. The members thereafter appointed by the President Pro Tempore of the Senate shall serve a term of office of four (4) years. (k) Upon the expiration of the term of office of the retired classroom teacher member of the Board, the Speaker of the House of Representatives shall appoint a member to the Board, who shall be a retired member of the System and whose initial term of office shall expire on January 8, 1991. The members thereafter appointed by the Speaker of the House of Representatives shall serve a term of office of four (4) years. (l) The Speaker of the House of Representatives shall appoint a member to the Board, who shall be an active classroom teacher and whose initial term of office shall expire on January 3, 1989. The members thereafter appointed by the Speaker of the House of Representatives shall serve a term of office of four (4) years. (m) The President Pro Tempore of the Senate shall appoint a member to the Board, who shall be a retired member of the System and whose initial term of office shall expire on January 3, 1989. The members thereafter appointed by the President Pro Tempore of the Senate shall serve a term of office of four (4) years. (n) A statewide organization representing retired educators shall appoint a member to the Board who shall be a nonvoting member. (3) Persons who are appointed to the Board of Trustees by the Governor pursuant to paragraphs (e), (g), (h) and (i) of subsection (2) of this section shall: (a) have demonstrated professional experience in investment or funds management, public funds management, public or private pension fund management or retirement system management; or (b) have demonstrated experience in the banking profession and have demonstrated professional experience in investment or funds management; or (c) be licensed to practice law in this state and have demonstrated professional experience in commercial matters; or (d) be licensed by the Oklahoma Accountancy Board to practice in this state as a public accountant or a certified public accountant. The appointing authorities, in making appointments that conform to the requirements of this subsection, shall give due consideration to balancing the appointments among the criteria specified in paragraphs (a) through (d) of this subsection. (4) No member of the Board of Trustees shall be a lobbyist registered in this state as provided by law. (5) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (6) Each of the trustees, except those who are state officials serving ex officio, shall receive travel expenses in accordance with the State Travel Reimbursement Act. (7) Each trustee shall, within ten (10) days after his or her appointment or election, take an oath of office that, so far as it devolves upon him or her, the trustee will diligently and honestly administer the affairs of the Board of Trustees and that he or she will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the retirement system. Such oath shall be subscribed to by the member making it, certified by the officer before whom it is taken, and immediately filed in the office of the Secretary of State. (8) Each trustee shall be entitled to one vote on the Board of Trustees. Eight votes shall be necessary for a decision by the trustees at any meeting of the Board. (9) Subject to the limitations of this act, the Board of Trustees shall, from time to time, establish rules and regulations for the administration of the funds created by this act and for the transaction of its business. Provided that such rules and regulations may include rules and regulations providing for the withholding from the retirement allowance due a retired person under the provisions of this act an amount requested in writing by the retiree for the purpose of paying: (a) monthly premiums on group hospital and surgical insurance programs to which such retiree belongs, and for the transmitting of the sums so withheld to the insurance carrier designated by the retiree; and (b) membership dues in any statewide association limited to retired educator membership with a minimum membership of one thousand (1,000) dues-paying members and for the transmitting of the sums so withheld. (10) The Board of Trustees shall elect from its membership a chair, vice-chair and secretary by a majority vote of all of its members. The Board shall employ an executive director and shall engage such actuarial and other service as shall be required to transact the business of the retirement system. The compensation of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the retirement system shall be paid at such rates and in such amounts as the Board shall approve. (11) The members of the Board of Trustees, the Executive Director and the employees of the System shall not accept gifts or gratuities from an individual organization with a value in excess of Fifty Dollars ($50.00) per year. The provisions of this section shall not be construed to prevent the members of the Board of Trustees, the Executive Director or the employees of the System from attending educational seminars, conferences, meetings or similar functions which are paid for, directly or indirectly, by more than one organization. (12) The Board of Trustees shall keep in convenient form such data as shall be necessary for actuarial valuation of the various funds of the retirement system and for checking the experience of the system. (13) The Board of Trustees shall keep a record of all of its proceedings which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the retirement system for the preceding fiscal year, the amount of the accumulated cash and securities of the system, and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the assets and liabilities of the retirement system and a detailed accounting of its administrative expenses. (14) The Board of Trustees shall retain an attorney who is licensed to practice law in this state. The attorney shall serve at the pleasure of the Board of Trustees for such compensation as may be provided by the Board of Trustees. The attorney shall advise the Board of Trustees and perform legal services for the Board of Trustees with respect to any matters properly before the Board of Trustees. When requested by the Board of Trustees, the Attorney General of the state also shall render legal services to the Board of Trustees. In addition to the above, the Board of Trustees may employ hearing examiners to conduct administrative grievance hearings under the provisions of the Administrative Procedures Act. (15) Suitable offices shall be furnished by the Office of Management and Enterprise Services. Upon the failure or inability of the Office of Management and Enterprise Services to provide adequate facilities, the Board of Trustees may contract for necessary office space in suitable quarters. (16) The Board of Trustees shall designate a Medical Board to be composed of three physicians not eligible to participate in the retirement system. The physicians so appointed by the Board of Trustees shall be legally qualified to practice medicine in Oklahoma or the state in which they reside and shall be physicians of good standing in the medical profession. The Board of Trustees may have more than one Medical Board and each Board shall have the same duties and authority under the statutes. If required, other physicians may be employed to report on special cases. The Medical Board shall pass upon all medical examinations required under the provisions of this act and shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the Board of Trustees its conclusion and recommendation upon all the matters referred to it. The Board of Trustees shall adopt such rules and regulations as may be necessary to properly administer this benefit. (17) The Board of Trustees shall retain an actuarial firm that shall be technical advisors of the Board of Trustees on matters regarding the operation of funds created by the provisions of this act and shall perform such other duties as are required in connection therewith. (18) At least once each five (5) years the Board of Trustees shall use an actuarial firm to make an actuarial investigation of the experience of the retirement system, including the mortality, service and compensation experience of members and beneficiaries. Based on the results of such investigation the actuarial firm shall recommend for adoption by the Board of Trustees such tables and rates as are required for the operation of the retirement system and for the preparation of annual actuarial valuations. (19) On the basis of such tables and rates as the Board of Trustees shall adopt, the actuarial firm shall prepare an annual actuarial valuation of the assets and liabilities of the retirement system and certify the rates of contribution payable by the state under the provisions of law concerning the Teachers' Retirement System. Added by Laws 1969, c. 157, § 6, operative Aug. 2, 1969. Amended by Laws 1978, c. 238, § 5, eff. July 1, 1978; Laws 1979, c. 286, § 3, eff. July 1, 1979; Laws 1981, c. 340, § 21, eff. July 1, 1981; Laws 1982, c. 329, § 5, eff. July 1, 1982; Laws 1985, c. 178, § 55, operative July 1, 1985; Laws 1985, c. 180, § 4, eff. July 1, 1985; Laws 1986, c. 283, § 3, operative July 1, 1986; Laws 1987, c. 236, § 170, emerg. eff. July 20, 1987; Laws 1988, c. 165, § 27, operative July 1, 1988; Laws 1988, c. 321, § 26, operative July 1, 1988; Laws 1990, c. 90, § 1, operative July 1, 1990; Laws 1991, c. 157, § 1, eff. July 1, 1991; Laws 1992, c. 376, § 8, eff. July 1, 1992; Laws 1993, c. 322, § 16, emerg. eff. June 7, 1993; Laws 1997, c. 316, § 2, eff. July 1, 1997; Laws 2001, c. 33, § 113, eff. July 1, 2001; Laws 2010, c. 357, § 3, eff. July 1, 2010; Laws 2012, c. 304, § 606; Laws 2014, c. 13, § 1, eff. July 1, 2014; Laws 2016, c. 129, § 2, eff. Nov. 1, 2016; Laws 2017, c. 312, § 1; Laws 2019, c. 268, § 2, eff. July 1, 2019. NOTE: Laws 1985, c. 178, § 55 repealed by Laws 1986, c. 283, § 6, operative July 1, 1986. NOTE: Sections 17-101 through 17-119 of this title were designated Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24- 122, eff. July 2, 1971. §70-17-106.1. Duties of Board - Investments - Liability insurance - Investment committee and managers - Custodial services - Reports - Cost of living adjustment. A. The Board of Trustees of the Teachers' Retirement System of Oklahoma shall discharge their duties with respect to the System solely in the interest of the participants and beneficiaries and: 1. For the exclusive purpose of: a. providing benefits to participants and their beneficiaries, and b. defraying reasonable expenses of administering the System; 2. With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; 3. By diversifying the investments of the System so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and 4. In accordance with the laws, documents and instruments governing the System. B. The Board of Trustees of the Teachers' Retirement System of Oklahoma may invest the assets of the System in real property owned or to be acquired by the State of Oklahoma. It is further authorized to acquire, exchange, and grant any real property under its jurisdiction as is necessary to carry out the investment in the real property. The Board of Trustees of the Teachers' Retirement System of Oklahoma is authorized to invest not more than ten percent (10%) of the total value of assets of the System in connection with such investments. Limitations on investment of the assets of the System provided herein shall be determined as of the date of its making or acquisition. C. The Board of Trustees may procure insurance indemnifying the members of the Board of Trustees from personal loss or accountability from liability resulting from a member's action or inaction as a member of the Board. D. The Board of Trustees may establish an investment committee. The investment committee shall be composed of not more than five (5) members of the Board of Trustees appointed by the chairman of the Board of Trustees. The committee shall make recommendations to the full Board of Trustees on all matters related to the choice of custodians and managers of the assets of the System, on the establishment of investment and fund management guidelines, and in planning future investment policy. The committee shall have no authority to act on behalf of the Board of Trustees in any circumstances whatsoever. No recommendation of the committee shall have effect as an action of the Board of Trustees nor take effect without the approval of the Board of Trustees as provided by law. E. The Board of Trustees may retain qualified investment managers to provide for the investment of the monies of the System. The investment managers shall be chosen by a solicitation of proposals on a competitive bid basis pursuant to standards set by the Board of Trustees. Subject to the overall investment guidelines set by the Board of Trustees, the investment managers shall have full discretion in the management of those monies of the System allocated to the investment managers. The Board of Trustees shall manage those monies not specifically allocated to the investment managers. The monies of the System allocated to the investment managers shall be actively managed by the investment managers, which may include selling investments and realizing losses if such action is considered advantageous to longer term return maximization. Because of the total return objective, no distinction shall be made for management and performance evaluation purposes between realized and unrealized capital gains and losses. F. Funds and revenues for investment by the investment managers or the Board of Trustees shall be placed with a custodian selected by the Board of Trustees. The custodian shall be a bank or trust company offering pension fund master trustee and master custodial services. The custodian shall be chosen by a solicitation of proposals on a competitive bid basis pursuant to standards set by the Board of Trustees. In compliance with the investment policy guidelines of the Board of Trustees, the custodian bank or trust company shall be contractually responsible for ensuring that all monies of the System are invested in income-producing investment vehicles at all times. If a custodian bank or trust company has not received direction from the investment managers of the System as to the investment of the monies of the System in specific investment vehicles, the custodian bank or trust company shall be contractually responsible to the Board of Trustees for investing the monies in appropriately collateralized short-term interest-bearing investment vehicles. G. By November 1, 1988, and prior to August 1 of each year thereafter, the Board of Trustees shall develop a written investment plan for the System. H. The Board of Trustees shall compile a quarterly financial report of all the funds of the System on a fiscal year basis. The report shall be compiled pursuant to uniform reporting standards prescribed by the Oklahoma State Pension Commission for all state retirement systems. The report shall include several relevant measures of investment value, including acquisition cost and current fair market value with appropriate summaries of total holdings and returns. The report shall contain combined and individual rate of returns of the investment managers by category of investment, over periods of time. The Board of Trustees shall include in the quarterly reports all commissions, fees or payments for investment services performed on behalf of the Board. The report shall be distributed to the Governor, the Oklahoma State Pension Commission, the Legislative Service Bureau, the Speaker of the House of Representatives and the President Pro Tempore of the Senate. In lieu of compiling and distributing the quarterly report, the Board may provide the Oklahoma State Pension Commission with direct access to the same data from the custodian bank for the System. I. After July 1 and before December 1 of each year, the Board of Trustees shall publish widely an annual report presented in simple and easily understood language pursuant to uniform reporting standards prescribed by the Oklahoma State Pension Commission for all state retirement systems. The report shall be submitted to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Oklahoma State Pension Commission and the members of the System. The annual report shall cover the operation of the System during the past fiscal year, including income, disbursements, and the financial condition of the System at the end of the fiscal year. The annual report shall also contain the information issued in the quarterly reports required pursuant to subsection H of this section as well as a summary of the results of the most recent actuarial valuation to include total assets, total liabilities, unfunded liability or over funded status, contributions and any other information deemed relevant by the Board of Trustees. The annual report shall be written in such a manner as to permit a readily understandable means for analyzing the financial condition and performance of the System for the fiscal year. Added by Laws 1988, c. 321, § 27, operative July 1, 1988. Amended by Laws 1992, c. 354, § 4; Laws 1995, c. 81, § 6, eff. July 1, 1995; Laws 2002, c. 391, § 7, eff. July 1, 2002; Laws 2004, c. 536, § 18, eff. July 1, 2004; Laws 2006, 2nd Ex. Sess., c. 46, § 31, eff. July 1, 2006; Laws 2011, c. 379, § 6, eff. Sept. 1, 2011; Laws 2012, c. 312, § 1, eff. July 1, 2012; Laws 2016, c. 129, § 3, eff. Nov. 1, 2016. §70-17-106.2. Duties of fiduciaries. A. A fiduciary with respect to the Teachers' Retirement System of Oklahoma shall not cause the System to engage in a transaction if the fiduciary knows or should know that such transaction constitutes a direct or indirect: 1. sale or exchange, or leasing of any property from the System to a party in interest for less than adequate consideration or from a party in interest to the System for more than adequate consideration; 2. lending of money or other extension of credit from the System to a party in interest without the receipt of adequate security and a reasonable rate of interest, or from a party in interest to the System with provision of excessive security or an unreasonably high rate of interest; 3. furnishing of goods, services or facilities from the System to a party in interest for less than adequate consideration, or from a party in interest to the System for more than adequate consideration; or 4. transfer to, or use by or for the benefit of, a party in interest of any assets of the System for less than adequate consideration. B. A fiduciary with respect to the Teachers' Retirement System of Oklahoma shall not: 1. deal with the assets of the System in the fiduciary's own interest or for the fiduciary's own account; 2. in the fiduciary's individual or any other capacity act in any transaction involving the System on behalf of a party whose interests are adverse to the interests of the System or the interests of its participants or beneficiaries; or 3. receive any consideration for the fiduciary's own personal account from any party dealing with the System in connection with a transaction involving the assets of the System. C. A fiduciary with respect to the Teachers' Retirement System of Oklahoma may: 1. invest all or part of the assets of the System in deposits which bear a reasonable interest rate in a bank or similar financial institution supervised by the United States or a state, if such bank or other institution is a fiduciary of such plan; or 2. provide any ancillary service by a bank or similar financial institution supervised by the United States or a state, if such bank or other institution is a fiduciary of such plan. D. A person or a financial institution is a fiduciary with respect to the Teachers' Retirement System of Oklahoma to the extent that the person or the financial institution: 1. exercises any discretionary authority or discretionary control respecting management of the Teachers' Retirement System of Oklahoma or exercises any authority or control respecting management or disposition of the assets of the System; 2. renders investment advice for a fee or other compensation, direct or indirect, with respect to any monies or other property of the System, or has any authority or responsibility to do so; or 3. has any discretionary authority or discretionary responsibility in the administration of the System. Added by Laws 1988, c. 321, § 28, operative July 1, 1988. §70-17-106.3. Deposit of contributions and dedicated revenues - Warrants and vouchers. A. All employee and employer contributions and dedicated revenues shall be deposited in the Oklahoma Teachers’ Retirement Fund in the State Treasury. The Board of Trustees of the Teachers’ Retirement System of Oklahoma shall have the responsibility for the management of the Oklahoma Teachers’ Retirement Fund, and may transfer monies used for investment purposes by the Teachers’ Retirement System of Oklahoma from the Oklahoma Teachers’ Retirement Fund in the State Treasury to the custodian bank or trust company of the System. B. All benefits payable pursuant to the provisions of the Teachers’ Retirement System of Oklahoma, refunds of contribution and overpayments, and all administrative expenses in connection with the System shall be paid from the Oklahoma Teachers’ Retirement Fund upon warrants or vouchers signed by two persons designated by the Board of Trustees. The Board of Trustees may transfer monies from the custodian bank or trust company of the System to the Oklahoma Teachers’ Retirement Fund in the State Treasury for the purposes specified in this subsection. Added by Laws 1988, c. 321, § 29, operative July 1, 1988. Amended by Laws 2024, c. 300, § 6, eff. July 1, 2024. §70-17-106.4. Appeal to district court. Any person aggrieved by any decision of the Board of Trustees may appeal from such decision by filing a petition in the Oklahoma County District Court within thirty (30) days from the date of such decision. All actions or proceedings directly or indirectly against the Teachers' Retirement System of Oklahoma shall be brought in Oklahoma County. Added by Laws 1997, c. 316, § 3, eff. July 1, 1997. §70-17-107. Disposition of interest. The interest earned on the investments in the Teachers’ Retirement System of Oklahoma shall be credited in the following manner: 1. There shall be deducted from the annual interest on investments an amount necessary for the amortization of bonds purchased and owned by the Teachers’ Retirement System of Oklahoma; 2. There shall be deducted from the annual interest on investments an amount of money necessary for the operation of the Teachers’ Retirement System of Oklahoma; and 3. Any residue remaining in the Interest Fund after the requirements of paragraphs 1 and 2 of this section have been fully met shall be used for the purpose of paying retirement benefits to the retirees of the Teachers’ Retirement System of Oklahoma and transferred to the Retirement Benefit Fund; the interest income shall be distributed to the various funds on June 30 each year. Added Laws 1969, c. 157, § 7, operative Aug. 2, 1969. Amended by Laws 1970, c. 176, § 4, operative Aug. 2, 1970; Laws 1974, c. 246, § 2, operative July 1, 1974; Laws 1975, c. 353, § 2, operative July 1, 1975; Laws 1980, c. 270, § 1, eff. July 1, 1980; Laws 1982, c. 227, § 5, emerg. eff. May 4, 1982; Laws 1983, c. 6, § 3, emerg. eff. Feb. 24, 1983; Laws 1986, c. 131, § 19, operative July 1, 1986; Laws 1988, c. 321, § 30, operative July 1, 1988; Laws 2024, c. 300, § 7, eff. July 1, 2024. §70-17-107.1. Repealed by Laws 1988, c. 321, § 45, operative July 1, 1988. §70-17-108. Contributions and funds. A. Each local school district, or state college or university, or State Board of Education, or State Board of Career and Technology Education, or other state agencies whose employees are members of the Teachers’ Retirement System of Oklahoma (“participating employers”), shall match, on a pro rata basis, in accordance with subsection B of this section the contributions of members whose salaries are paid by federal funds or externally sponsored agreements such as grants, contracts and cooperative agreements. These funds shall be remitted at the same time as the regular contributions of members are remitted to the Teachers’ Retirement System of Oklahoma and deposited in the Retirement Benefit Fund. B. On an annual basis, the Board of Trustees shall set two contribution rates to be paid by contributing employers as provided in subsection A of this section. Both contribution rates shall be determined using cost principles established by federal regulations and shall be consistent with policies, regulations and procedures that apply uniformly to both federally assisted and other activities, and be accorded consistent treatment through application of generally accepted accounting principles. The Board shall approve the contribution rates for each fiscal year ending June 30, no later than April 1 of the previous fiscal year. The first rate shall be applied to service performed during the regular school year of the participating employer. The second rate shall be applied to service performed by members during a summer school program of the participating employer. For the purposes of this subsection, “summer school program” is defined as a program offering academic enrichment for students from prekindergarten through twelfth grade during the summer term after the close of the school year. Members shall only be considered as providing service to a summer school program if such service is provided pursuant to a separate summer school contract between the member and the participating employer. The term summer school program does not include services performed at a participating employer offering an extended school year pursuant to Section 1-109.1 of this title, or services performed by staff pursuant to a twelve-month contract with the employer. The method applied to setting the second contribution rate may take into consideration whether, or to what extent, such service is likely to add to members’ service credit or final average salary; provided, however, the second rate shall not exceed one-half (1/2) of the first rate established in this subsection. The actuary retained by the Board may recommend such rates using assumptions that apply to the group of those members whose service is subject to the second contribution rate. C. All the assets of the retirement system shall be credited according to the purpose for which they are held to one of seven funds, namely: The Teachers’ Savings Fund, the Retirement Benefit Fund, the Interest Fund, the Permanent Retirement Fund, the Expense Fund, the Suspense Fund, and the Retiree Medical Benefit Fund. 1. The Teachers’ Savings Fund shall be a fund in which shall be accumulated the regular contributions from the compensation of members, including applicable interest earnings prior to July 1, 1968. Contributions to and payments from the Teachers’ Savings Fund shall be made as specifically provided in each plan available within the retirement system. 2. The deductions provided for in the plans within the retirement system shall be made notwithstanding that the minimum compensation provided for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for herein and payment of salary or compensation, less the deduction, shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under Section 17-101 et seq. of this title. The employer shall certify to the Board of Trustees on each and every payroll, or in such other manner as the Board may prescribe, the amounts to be deducted, and each of the amounts shall be deducted, and when deducted shall be paid into the Teachers’ Savings Fund, and shall be credited to the individual account of the member from whose compensation the deduction was made. 3. Following the termination of membership in the retirement system for any member who has been absent from service for five (5) years in any period of six (6) consecutive years, the Teachers’ Savings Fund Account of such member shall be closed and the amount due the member as provided in Section 17-105 of this title shall be paid upon the filing of formal application. At the time such membership is terminated the amount due the member as provided in Section 17-105 of this title shall be transferred to the Suspense Fund. 4. Upon the retirement of a member, the balance of money the member had in the Teachers’ Savings Fund shall be transferred to the Retirement Benefit Fund. 5. Retirement Benefit Fund. a. After August 2, 1969, there shall be transferred from the Teachers’ Savings Fund for those members drawing retirement benefits from the Teachers’ Retirement System of Oklahoma an amount necessary to provide the monthly annuity payments and payments as required in Section 17-107 of this title. In addition, the fund shall consist of monies received from any state dedicated revenue, monies received from state appropriations, monies received from federal matching funds, and the residue of the interest on investments after the requirements of Section 17-107 of this title have been fully met. The Retirement Benefit Fund shall consist of an amount of money necessary for the making of retirement payments to retirees. b. From the Retirement Benefit Fund shall be paid all monthly retirement allowances. 6. The Interest Fund is hereby created to facilitate the crediting of interest to the various other funds to which interest is to be credited. All income, interest and dividends derived from the deposits and investments authorized by Section 17-101 et seq. of this title shall be paid into the Interest Fund. On June 30, each year, interest shall be transferred to the other funds as herein provided. 7. The Permanent Retirement Fund shall consist of the accumulated gifts, awards, and bequests made to the retirement system, and transfers from the Suspense Fund, the principal of which is hereby held and dedicated as a perpetual endowment of the retirement system and shall not be diverted or appropriated to any other cause or purpose unless specifically provided for in such gifts, awards or bequests. 8. The Expense Fund shall be the fund from which the expense of administration and maintenance of the retirement system shall be paid. The Board of Trustees shall cause to be prepared and adopt annually an itemized budget showing the amount required to defray the expenses for the ensuing fiscal year. Transfers to and payments from this fund shall be made as follows: first, from the Interest Fund; second, from any dedicated revenue; and, third, from appropriation by the Legislature. All monies for the operation of the Teachers’ Retirement System of Oklahoma shall be paid from the Expense Fund upon the approval by the Board of Trustees and the checks signed by two people designated to sign such checks by the Board of Trustees of the Teachers’ Retirement System of Oklahoma. 9. The Suspense Fund shall be comprised of amounts transferred to the fund as provided in this section and Section 17-105 of this title and obligations of the retirement system to any member or person which cannot be legally discharged. 10. Collection of Contributions. The collection of members’ contributions shall be as follows: a. Each employer shall cause to be deducted on each and every payroll or claim of a member for each and every payroll claim period subsequent to the date of establishment of the retirement system the contribution payable by such member as provided in Section 17-101 et seq. of this title. With each and every payroll or claim the employer shall deliver to the treasurer of the employer warrants issued to the employees as shown to be due by the payroll or claim, together with a warrant or warrants in favor of the Teachers’ Retirement System of Oklahoma as shown by the payroll or claim. b. The treasurer or disbursing officer upon delivery of the warrants and a true copy of the payroll or claims as provided above shall register the warrants as provided for the registration of other school warrants, and shall deliver to the employer warrants issued in favor of the employees, and shall deliver warrants issued in favor of the Teachers’ Retirement System of Oklahoma and the copy of the payroll or claims to the school district superintendent as designated by the Board of Trustees. For the purpose of collecting contributions of teachers in the public schools, the superintendent of a school district is hereby designated to receive the Teachers’ Retirement warrants from the treasurer or proper disbursing officer of the several school districts for the purpose of transmitting such warrants and payroll or claims to the Executive Director of the Teachers’ Retirement System of Oklahoma. Any college or university or other educational institution or agency operated in whole or in part by the state shall have the amount retained or deducted from the funds regularly appropriated by the state for the current maintenance for such educational departments and institutions. c. For the purpose of enabling the collection of the contributions of the members of the retirement system to be made as simple as possible, the Board of Trustees shall require the secretary or other officer of each employer board or agency, within thirty (30) days after the beginning of each school year, to make a list of all teachers in its employ who are members of the retirement system, certify to the correctness of this list, and file the same with the Executive Director of the Board of Trustees of the Teachers’ Retirement System of Oklahoma. If additions to or deductions from this list should be made during the year such additions or deductions shall likewise be certified to the Board of Trustees of the Teachers’ Retirement System of Oklahoma. d. The State Treasurer shall furnish annually to the Board of Trustees a sworn statement of the amount of the funds in his or her custody belonging to the retirement system. The records of the Board of Trustees shall be open to public inspection and any member of the retirement system shall be furnished with a statement of the amount of the credit to the member’s individual account upon written request by such member, provided the Board of Trustees shall not be required to answer more than one such request of a member in any one (1) year. e. Failure of any superintendent, officer, or other person to discharge the duties imposed upon him or her by this act shall render him or her or his or her bondsman liable for any loss occasioned thereby to the Teachers’ Retirement System of Oklahoma or the employees of the school district, or both. f. On a showing by the Teachers’ Retirement System of Oklahoma that a warrant, voucher or check issued to it has, for any reason, been lost or never received, after ninety (90) days from the date of issue or from transmittal for payment, it shall be the duty of the issuing authority forthwith, without any indemnifying bond or other requirements, to issue a duplicate thereof in lieu of that which was lost, to the Teachers’ Retirement System of Oklahoma; and the Teachers’ Retirement System of Oklahoma shall save harmless any school district or agency of state government making payment under the provisions hereof to the Teachers’ Retirement System of Oklahoma if the original warrant, voucher or check is later presented for payment and same is paid after a duplicate warrant, voucher or check has been issued and paid to the Teachers’ Retirement System of Oklahoma, and any loss sustained therefrom shall be charged to the Interest Fund. 11. Rollover Contributions and Direct Trustee-to-Trustee Transfers from Other Plans. Any member may purchase credit for service, to the extent specified in this title, with rollovers from an eligible retirement plan as defined by the Internal Revenue Code of 1986, as amended from time to time. A member may also purchase permissive service credit, as defined by Title 26, United States Code, Section 415(n)(3)(A), with a direct trustee-to-trustee transfer from a governmental Title 26, United States Code, Section 403(b) plan or governmental Title 26, United States Code, Section 457(b) plan. All rollovers and direct trustee-to-trustee transfers shall be allowed to the extent permitted by federal law. Rollovers or direct transfers in excess of the amount necessary to purchase such service credit shall not be allowed. 12. Retiree Medical Benefit Fund. The Retiree Medical Benefit Fund shall be maintained as a subaccount under the Retirement Benefit Fund. The Retiree Medical Benefit Fund is composed of all assets contributed to this subaccount to pay the retirement system’s portion of the monthly retiree health insurance benefits described in Section 1316.3 of Title 74 of the Oklahoma Statutes. All allocated assets and the earnings thereon in the Retiree Medical Benefit Fund shall be held for the exclusive purpose of providing retiree medical benefits pursuant to Section 1316.3 of Title 74 of the Oklahoma Statutes. The Retiree Medical Benefit Fund shall be administered in accordance with the requirements under Section 401(h) of the Internal Revenue Code of 1986, as amended from time to time. An amount necessary to pay the health insurance premiums for retired members as provided by Section 1316.3 of Title 74 of the Oklahoma Statutes shall be deposited each month into the Retiree Medical Benefit Fund. Added by Laws 1969, c. 157, § 8, operative Aug. 2, 1969. Amended by Laws 1970, c. 176, § 5, operative Aug. 2, 1970; Laws 1974, c. 246, § 3, operative July 1, 1974; Laws 1975, c. 353, § 3, operative July 1, 1975; Laws 1976, c. 252, § 2, operative July 1, 1976; Laws 1978, c. 238, § 6, eff. July 1, 1978; Laws 1993, c. 239, § 46, eff. July 1, 1993; Laws 1994, c. 380, § 3, eff. July 1, 1994; Laws 1999, c. 402, § 1, eff. July 1, 2001; Laws 2001, c. 33, § 114, eff. July 1, 2001; Laws 2002, c. 354, § 1, eff. July 1, 2002; Laws 2010, c. 357, § 4, eff. July 1, 2010; Laws 2011, c. 290, § 1; Laws 2021, c. 551, § 1; Laws 2024, c. 300, § 8, eff. July 1, 2024. NOTE: Laws 1974, c. 243, § 1 repealed by Laws 1975, c. 353, § 4, operative July 1, 1975. NOTE: Laws 2000, c. 235, § 1 amended the effective date of Laws 1999, c. 402, § 1 from July 1, 2000, to July 1, 2001. NOTE: Sections 17-101 through 17-119 of this title were designated Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24- 122, eff. July 2, 1971. §70-17-108.1. Contributions - Amount - Payment. A. 1. Except as provided in paragraph 2 of this subsection, the employer of any member of the Teachers' Retirement System of Oklahoma shall make the following contributions to the System: a. beginning July 1, 1998, through June 30, 1999, eleven and one-half percent (11 1/2%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member, b. beginning July 1, 1999, through June 30, 2000, four and eight-tenths percent (4.8%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member, c. beginning July 1, 2000, through June 30, 2001, five and eight-tenths percent (5.8%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member, d. beginning July 1, 2001, through June 30, 2002, six and eight-tenths percent (6.8%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member, e. beginning July 1, 2002, through December 31, 2006, seven and five-hundredths percent (7.05%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member, f. beginning January 1, 2007, through June 30, 2007, seven and six-tenths percent (7.6%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member, g. beginning July 1, 2007, through December 31, 2007, seven and eighty-five hundredths percent (7.85%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member, h. beginning January 1, 2008, through June 30, 2008, eight and thirty-five hundredths percent (8.35%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member, i. beginning July 1, 2008, through December 31, 2008, eight and five-tenths percent (8.5%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member, j. beginning January 1, 2009, through December 31, 2009, nine percent (9%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member, k. beginning January 1, 2010, through June 30, 2010, nine and five-tenths percent (9.5%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member, and l. beginning July 1, 2010, through June 30, 2011, and for each fiscal year thereafter, nine and five-tenths percent (9.5%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member. The employer contribution rate increase that would otherwise be effective, as provided by subparagraphs f, g, h, i, j, k and l of this paragraph, shall not become effective as law unless funding levels to each of the affected participating employers within the System are increased so that the additional employer contribution obligation is funded through an appropriation or transfer of monies instead of requiring the additional employer contribution to be paid for from existing budgetary resources of such participating employers. The participating employers shall use any monies specifically made available for purposes of making employer contributions for such purpose and to the extent of the funds made available for that purpose. 2. a. Beginning January 1, 2007, through December 31, 2007, a participating employer that employs an employee of a comprehensive university or a regional institution offering a four-year degree program as designated or authorized by the Oklahoma State Regents for Higher Education shall make contributions to the System with respect to such employees at the rate of seven and five-hundredths percent (7.05%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level. b. Beginning January 1, 2008, through December 31, 2008, a participating employer that employs an employee of a comprehensive university or a regional institution offering a four-year degree program as designated or authorized by the Oklahoma State Regents for Higher Education shall make contributions to the System with respect to such employees at the rate of seven and fifty-five hundredths percent (7.55%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member. c. Beginning January 1, 2009, through December 31, 2009, a participating employer that employs an employee of a comprehensive university or a regional institution offering a four-year degree program as designated or authorized by the Oklahoma State Regents for Higher Education shall make contributions to the System with respect to such employees at the rate of eight and five hundredths percent (8.05%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member. d. Beginning January 1, 2010, through June 30, 2010, a participating employer that employs an employee of a comprehensive university or a regional institution offering a four-year degree program as designated or authorized by the Oklahoma State Regents for Higher Education shall make contributions to the System with respect to such employees at the rate of eight and fifty-five hundredths percent (8.55%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member. e. Beginning July 1, 2010, through June 30, 2011, and for each fiscal year thereafter, a participating employer that employs an employee of a comprehensive university or a regional institution offering a four-year degree program as designated or authorized by the Oklahoma State Regents for Higher Education shall make contributions to the System with respect to such employees at the rate of eight and fifty-five hundredths percent (8.55%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member. The employer contribution rate increase that would otherwise be effective as provided by subparagraphs b, c, d and e of this paragraph shall not become effective as law unless funding levels are increased so that the additional employer contribution obligation is funded through such an appropriation or transfer of monies instead of requiring the additional employer contribution to be paid for from existing budgetary resources of such participating employers. The participating employers shall use any monies specifically made available for purposes of making employer contributions for such purpose and to the extent of the funds made available for that purpose. 3. Any employer contribution paid to the System pursuant to this subsection shall not be considered as salary, fringe benefit, or total compensation due to members for the purpose of meeting any legislative or contractual obligation of the employer. B. For entities or institutions within The Oklahoma State System of Higher Education, the contributions to the System shall be made on regular annual compensation of a member who is an employee of such entity or institution not to exceed the maximum compensation level in effect for the member as prescribed by law. C. Employers paying contributions to the System pursuant to subsection A or B of this section shall receive credit for that portion of the gross production tax on natural gas and/or casinghead gas apportioned to the System pursuant to subsection 2 of Section 1004 of Title 68 of the Oklahoma Statutes in meeting the total required employer contribution. On an annual basis, the Board of Trustees of the Teachers' Retirement System of Oklahoma shall estimate the net additional cost required to be paid by the contributing employers in order to meet the total employer contribution as provided in subsection A or B of this section. The Board of Trustees shall approve the amount of the additional contribution required to be paid by contributing employers as a percentage of total member salaries and fringe benefits for each fiscal year ending June 30, no later than April 1 of the previous fiscal year. In no event shall the additional contribution required to be paid by the contributing employer under this subsection be less than the contribution required under this subsection in the prior year. In the event actual contributions do not equal the required total contribution as provided in subsection A or B of this section, the net difference between the actual contributions and the required total contributions shall be determined and shall be included in the amount of the additional contribution required to be paid by contributing employers for the next fiscal year. All contributing employers shall pay the same percentage of total member salaries and fringe benefits during each fiscal year. The provisions of this subsection shall terminate June 30, 1999. D. Any school district, state college or university, State Board of Education, State Board of Career and Technology Education, or other state agency may, for and on behalf of any member of the System, pay all or any portion of the contribution required by Section 17-108 of this title. Provided, the contribution so paid by any school district, state college or university, State Board of Education, State Board of Career and Technology Education, or other state agency shall be and remain subject to the withdrawal provisions set forth under the System. Wherever the term "contribution" is used, it shall be deemed to include contributions paid for and on behalf of a member by a school district, state college or university, State Board of Education, State Board of Career and Technology Education, or other state agency. E. All participating employers shall provide a complete record of the total compensation paid to each employee, including any person who is a retired member of the System, whether or not employer and employee contributions are made with respect to such compensation. The employer shall provide the report required by this subsection on a monthly basis on a form or using such method as the Teachers' Retirement System of Oklahoma may require and shall provide a comprehensive annual report showing the correct compensation, service credit and contributions for the prior fiscal year. Each participating employer shall provide reasonable access to its payroll records, records of contribution payments to the System and all other records relevant to the participation of its employees in the System, to the System, its employees or authorized agents. A participating employer shall cooperate with auditors retained by the System to audit its financial statements or otherwise audit the financial operations of the System. Added by Laws 1976, c. 252, § 3, operative July 1, 1976; Laws 1978, c. 238, § 7, eff. July 1, 1978; Laws 1988, c. 165, § 25, operative July 1, 1988; Laws 1990, c. 340, § 28, eff. July 1, 1990; Laws 1992, c. 376, § 9, eff. July 1, 1992; Laws 1994, c. 351, § 7, eff. July 1, 1994; Laws 1995, c. 333, § 1, eff. July 1, 1995; Laws 1996, c. 359, § 2, eff. July 1, 1996; Laws 1998, c. 317, § 6, eff. July 1, 1998; Laws 2001, c. 33, § 115, eff. July 1, 2001; Laws 2006, 2nd Ex.Sess., c. 46, § 4, eff. July 1, 2006; Laws 2007, c. 1, § 72, emerg. eff. Feb. 22, 2007; Laws 2007, c. 105, § 1, eff. Nov. 1, 2007; Laws 2007, c. 366, § 1, eff. Nov. 1, 2007; Laws 2016, c. 129, § 4, eff. Nov. 1, 2016. NOTE: Laws 2006, c. 46, 2nd Ex. Sess., § 32 repealed by Laws 2007, c. 1, § 73, emerg. eff. Feb. 22, 2007. §70-17-108.2. Picked up contributions. A. Beginning July 1, 2019, and for each plan year thereafter, a person employed by any school district or employed by a technology center school district, who holds a valid certificate issued by the State Department of Education or the State Board of Career and Technology Education, and is employed on a full-time basis to serve as a teacher, principal, supervisor, administrator, superintendent, counselor, librarian or certified or registered nurse shall have credited against the employee contribution amount, an annual amount based upon qualifying years of service as follows: YEARS OF SERVICE CREDIT AMOUNT 0 $60.15 1 $103.41 2 $145.65 3 $188.15 4 $233.33 5 $278.76 6 $325.26 7 $372.82 8 $421.44 9 $471.12 10 $521.87 11 $573.67 12 $626.54 13 $680.48 14 $735.47 15 $791.53 16 $848.65 17 $906.83 18 $966.07 19 $1,026.38 20 $1,087.75 21 $1,150.18 22 $1,213.68 23 $1,278.23 24 $1,343.85 25 or more $1,410.53 B. The state shall pick up for tax purposes and pay the annual amount prescribed by subsection A of this section, based upon the conditions prescribed by subsection A of this section, to the Teachers' Retirement System. The annual amount prescribed by subsection A of this section shall be divided into monthly amounts as may be required in order to give full effect to the credit amount without the necessity of dividing the annual credit amount into twelve (12) equal installments. C. If an eligible member under this section terminates service prior to June 30 of any applicable plan year, the amounts prescribed by subsection A of this section, and transferred to the Teachers' Retirement System from the State Board of Education and the State Board of Career and Technology Education shall be retained by the Teachers' Retirement System of Oklahoma and treated as an actuarial gain of the System. D. If an employing school district has contractually committed to make payment of the employee contributions required by Section 17-116.2 of this title for a member who is eligible for the credit amount prescribed by subsection A of this section for the fiscal year, using funds available to the district and not by effecting the employee contribution through a deduction from the member's gross salary, the district shall pay additional compensation to each of its eligible teachers in an amount equal to the amount prescribed by subsection A of this section based upon the number of years of teaching experience of the eligible member. E. If an eligible member is hired by a school district or a technology center school district and receives compensation for less than one hundred eighty (180) days of service, the district shall determine a pro rata amount of the annual credit amount and shall pay additional compensation to the member equal to the pro rata amount for each month during which the member is employed. The monthly credit amount for such member shall be added to the member's compensation beginning with the first full month during which the member is employed by the district. F. The amount required to be added to the compensation of the eligible member pursuant to subsection D of this section shall be subject to any applicable federal or state taxes upon the additional income. G. The amount required to be added to the compensation of the eligible member pursuant to subsection D of this section shall not be treated as regular annual compensation for purposes of Section 17-116.2 of this title or as salary or fringe benefits for purposes of determining any applicable statutory minimum salary requirements or for purposes of meeting the requirements of any locally adopted salary schedule. H. The employing district shall prepare its payroll records to reflect that the total employee contribution amount, for the salary not in excess of the applicable minimum salary amount, has been paid pursuant to a combination of the payment from the funds of the employing district and the amount credited to the employee contribution account of the member pursuant to subsection A of this section. I. If an employing school district has contractually committed to deduct employee contributions required by Section 17-116.2 of this title by effecting the employee contribution through a deduction from the member's gross salary, the district shall decrease the amount of the payroll deduction for such employee contribution by the amount as prescribed in subsection A of this section, based upon the number of years of teaching experience of the member. The amount required to be subtracted from the amount by which the employee's gross salary would otherwise be reduced pursuant to this subsection shall be subject to any applicable federal or state taxes. The employing district shall prepare its payroll records to reflect that the total employee contribution amount, for the salary not in excess of the applicable minimum salary amount, has been paid pursuant to a combination of the deduction from the member's salary and the amount credited to the employee contribution account of the member pursuant to subsection A of this section. Added by Laws 1997, c. 300, § 1, eff. July 1, 1997. Amended by Laws 1998, c. 378, § 1, eff. July 1, 1998; Laws 2000, c. 418, § 82, eff. July 1, 2000; Laws 2001, c. 33, § 116, eff. July 1, 2001; Laws 2019, c. 268, § 3, eff. July 1, 2019. §70-17-109. Exemption from legal process. A. Except as otherwise provided by this section, the right of a person to an annuity or a retirement allowance, to the return of contributions, annuity, or retirement allowance itself, any optional benefit, or any other right accrued or accruing to any person under the provisions of this act, and the monies in the various funds created by this act, are hereby exempt from levy and sale, garnishment, attachment or any other process whatsoever, and shall be unassignable except as in this act specifically provided. Notwithstanding the foregoing, the Board of Trustees may approve any offset of a member's benefit to pay a judgment or settlement against a member for a crime involving the System, for a breach of the member's fiduciary duty to the System, or for funds or monies incorrectly paid to a member or a beneficiary by mistake, provided such offset is in accordance with the requirements of Section 401(a)(13) of the Internal Revenue Code of 1986. B. 1. The provisions of subsection A of this section shall not apply to a qualified domestic order as provided pursuant to this subsection. 2. The term "qualified domestic order" means an order issued by a district court of this state pursuant to the domestic relation laws of the State of Oklahoma which relates to the provision of marital property rights to a spouse or former spouse of a member or provision of support for a minor child or children and which creates or recognizes the existence of the right of an alternate payee, or assigns to an alternate payee the right, to receive a portion of the benefits payable with respect to a member of the Retirement System. 3. For purposes of the payment of marital property, to qualify as an alternate payee, a spouse or former spouse must have been married to the related member for a period of not less than thirty (30) continuous months immediately preceding the commencement of the proceedings from which the qualified domestic order issues. 4. A qualified domestic order is valid and binding on the Board of Trustees and the related member only if it meets the requirements of this subsection. 5. A qualified domestic order shall clearly specify: a. the name and last-known mailing address (if any) of the member and the name and mailing address of the alternate payee covered by the order, b. the amount or percentage of the member's benefits to be paid by the Retirement System to the alternate payee, c. the number of payments or period to which such order applies, d. the characterization of the benefit as to marital property rights or child support, and e. each plan to which such order applies. 6. A qualified domestic order meets the requirements of this subsection only if such order: a. does not require the Retirement System to provide any type or form of benefit, or any option not otherwise provided under state law as relates to the Retirement System, b. does not require the Retirement System to provide increased benefits, and c. does not require the payment of benefits to an alternate payee which are required to be paid to another alternate payee pursuant to another order previously determined to be a qualified domestic order or an order recognized by the Retirement System as a valid order prior to the effective date of this act. 7. A qualified domestic order shall not require payment of benefits to an alternate payee prior to the actual retirement date or withdrawal of the related member. 8. The obligation of the Retirement System to pay an alternate payee pursuant to a qualified domestic order shall cease upon the death of the related member. 9. This subsection shall not be subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. Section 1001, et seq., as amended from time to time, or rules and regulations promulgated thereunder, and court cases interpreting said act. 10. The Board of Trustees of the Teachers' Retirement System of Oklahoma shall promulgate such rules as are necessary to implement the provisions of this subsection. 11. An alternate payee who has acquired beneficiary rights pursuant to a valid qualified domestic order must fully comply with all provisions of the rules promulgated by the Board of Trustees pursuant to this subsection in order to continue receiving his or her benefit. Added by Laws 1969, c. 157, § 9, operative Aug. 2, 1969. Amended by Laws 1971, c. 281, § 24-122, eff. July 2, 1971; Laws 1989, c. 249, § 43, eff. Jan. 1, 1989; Laws 1993, c. 322, § 17, emerg. eff. June 7, 1993; Laws 1998, c. 198, § 8, eff. Nov. 1, 1998; Laws 1999, c. 257, § 27, eff. July 1, 1999. §70-17-109.1. Confidentiality of records. All information, documents and copies thereof contained in a member's retirement file shall be given confidential treatment and shall not be made public by the System without the prior written consent of the member to which it pertains, but shall be subject to subpoena or court order with the exception of the member’s name, age, amount of contributions paid in, benefits being paid, amount of credited service and any documents verifying credits, service, or benefits which shall not be subject to the confidentiality provisions of this section. Added by Laws 1986, c. 259, § 62, operative July 1, 1986. Amended by Laws 1986, c. 260, § 1, operative July 1, 1986; Laws 2010, c. 357, § 5, eff. July 1, 2010. NOTE: Sections 17-101 through 17-119 of this title were designated Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24- 122, eff. July 2, 1971. §70-17-110. Fraud - Errors in record. Any person who shall knowingly make any false statement or shall falsify or permit to be falsified, any record or records of this retirement system in any attempt to defraud such system as a result of such act shall be guilty of a Class D3 felony offense and shall be punished by imprisonment as provided for in subsections B through F of Section 20P of Title 21 of the Oklahoma Statutes. Should any charge or error in the records result in any member or beneficiary receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, the Board of Trustees shall correct such error, and so far as practicable, shall adjust the payment in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid, and to take from the Interest Fund sufficient to reimburse the Fund where an overpayment had already been made, and any such overpayment recovered from the member shall be placed in the Interest Fund. Added by Laws 1969, c. 157, § 10, operative Aug. 2, 1969. Amended by Laws 1971, c. 281, § 24-122, eff. July 2, 1971; Laws 1997, c. 133, § 575, eff. July 1, 1998; Laws 2025, c. 486, § 750, eff. Jan. 1, 2026. §70-17-111. Official bonds. The Treasurer of the State of Oklahoma shall upon becoming custodian of the Teachers' Retirement Fund, give a bond in the sum of Fifty Thousand Dollars ($50,000.00); the Executive Director shall give bond in the sum of Twenty-five Thousand Dollars ($25,000.00); and the Board of Trustees shall require any other employees and members of the Board of Trustees to give bond in such amounts as the Board may deem necessary, conditioned that said bonded persons will faithfully execute the duties of the respective offices. All bonds shall be made with a good and solvent surety company, authorized to do business in the State of Oklahoma; said bonds shall be made payable to the Board of Trustees and shall be approved by it and the Attorney General of Oklahoma. All expense necessary and incident to the execution of such bonds, including premiums thereon, shall be paid by the Board of Trustees from the Expense Fund. Added by Laws 1969, c. 157, § 11, operative Aug. 2, 1969. Amended by Laws 2010, c. 357, § 6, eff. July 1, 2010. NOTE: Sections 17-101 through 17-119 of this title were designated Article XVII of the Oklahoma School Code by Laws 1971, c. 281, § 24- 122, eff. July 2, 1971. §70-17-112. Audit of funds, accounts and assets. It shall be the duty of the State Auditor and Inspector to audit annually the funds, accounts and assets of the Teachers' Retirement System. Laws 1969, c. 157, § 12, operative Aug. 2, 1969; Laws 1971, c. 281, § 24-122, eff. July 2, 1971; Laws 1978, c. 238, § 8, eff. July 1, 1978. §70-17-113. Time spent in military service - Limitations. A. In determining annual increments for teacher salaries and in computing Foundation Aid, time spent in military service during a period of national emergency shall be counted, not to exceed five (5) years prior to the current year. No more than five (5) years of such military service shall be used in determining eligibility or benefits under the Teachers' Retirement System. B. For purposes of this section, the term "military service" shall include the United States Air Force, Army, Coast Guard, Marine Corps, Navy, Space Force, and the reserve components of these services, as well as the federal and state counterparts of both the Air National Guard and Army National Guard. Laws 1969, c. 157, § 13, operative Aug. 2, 1969; Laws 1971, c. 281, § 24-122, eff. July 2, 1971; Laws 2025, c. 78, § 1, eff. July 1, 2025. §70-17-114. Repealed by Laws 2010, c. 392, § 6, emerg. eff. June 7, 2010. §70-17-114.1. Repealed by Laws 1981, c. 340, § 28, eff. July 1, 1981. §70-17-114.2. Repealed by Laws 2024, c. 300, § 10, eff. July 1, 2024. §70-17-115. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. §70-17-116. Repealed by Laws 2019, c. 268, § 7, eff. July 1, 2019. §70-17-116.1. Increase in retirement benefits. A. Every annuitant receiving retirement benefits from the system as of June 30, 1986, shall receive, on July 1, 1986, a six percent (6%) increase in retirement benefits. B. Any member who retires during the period beginning July 1, 1986, through October 1, 1986, shall receive a six percent (6%) increase in their monthly benefit as computed pursuant to the provisions of Sections 17-101 through 17-116 of this title and Section 17-116.2 of this title. Amended by Laws 1985, c. 180, § 6, eff. July 1, 1985; Laws 1986, c. 283, § 4, operative July 1, 1986. §70-17-116.2. Retirement allowance - Calculation - Contribution rates and benefits - Service credits. A. 1. Beginning July 1, 1987, and prior to July 1, 1995, a member who retires on or after the member's normal retirement age or whose retirement is because of disability shall receive an annual allowance for life, payable monthly, in an amount equal to two percent (2%) of the member's highest three-year average salary upon which member contributions were made, multiplied by the number of the member's years of creditable service. A classified member who retired prior to July 1, 1986, shall have the member's retirement allowance calculated on a minimum average salary of Eleven Thousand Five Hundred Dollars ($11,500.00) or on the member's current minimum average salary plus Two Thousand Dollars ($2,000.00), whichever is greater. Beginning July 1, 1994, a classified member who retired prior to July 1, 1993, shall have the member's retirement allowance calculated on the member's current minimum average salary plus Five Hundred Fifty Dollars ($550.00). An unclassified member who retired prior to July 1, 1986, shall have the member's retirement allowance calculated on a minimum average salary of Nine Thousand Five Hundred Dollars ($9,500.00) or on the member's current minimum average salary plus One Thousand Dollars ($1,000.00), whichever is greater. Beginning July 1, 1994, an unclassified member who retired prior to July 1, 1993, shall have the member's retirement allowance calculated on the member's current minimum average salary plus Two Hundred Seventy-five Dollars ($275.00). Those individuals receiving benefits pursuant to subsection (3) of Section 17-105 of this title whose benefits commenced prior to July 1, 1993, shall receive an increase in benefits of two and one-half percent (2 1/2%). No retirement benefit payments shall be made retroactively. For those members retiring before normal retirement age, except for those members retiring because of a disability, the retirement allowance shall be subject to adjustment in accordance with the actuarial equivalent factors adopted by the Board of Trustees. 2. Beginning July 1, 1995, a member, who has no service performed on or after July 1, 1995, for an entity or institution within The Oklahoma State System of Higher Education, who retires on or after the member's normal retirement age or whose retirement is because of disability shall receive an annual allowance for life, payable monthly as follows: a. if the member becomes a member after June 30, 1995, and was not eligible to become a member prior to July 1, 1995, in an amount equal to two percent (2%) of the member's average salary upon which member contributions were made, multiplied by the number of the member's years of creditable service, or b. if the member became a member or is eligible to become a member prior to July 1, 1995, and elected to have a maximum compensation level in excess of Twenty-five Thousand Dollars ($25,000.00) pursuant to paragraph 1 of subsection C of this section or pursuant to subsection E of this section, or if the member's salary has never exceeded Twenty-five Thousand Dollars ($25,000.00) prior to July 1, 1995, in an amount equal to: (1) two percent (2%) of the member's average salary upon which member contributions were made not to exceed Forty Thousand Dollars ($40,000.00), multiplied by the number of the member's years of credited service authorized and performed prior to July 1, 1995, plus any years of prior service authorized under this title, plus (2) two percent (2%) of the member's average salary upon which member contributions were made, multiplied by the number of the member's years of credited service authorized and performed after June 30, 1995, or c. if the member became a member or is eligible to become a member prior to July 1, 1995, and was eligible to elect to have a maximum compensation level in excess of Twenty-five Thousand Dollars ($25,000.00) and did not elect or elected not to have a maximum compensation level of Forty Thousand Dollars ($40,000.00) pursuant to paragraph 1 of subsection C of this section or pursuant to subsection E of this section, in an amount equal to: (1) two percent (2%) of the member's average salary upon which member contributions were made not to exceed Twenty-five Thousand Dollars ($25,000.00), multiplied by the number of the member's years of credited service authorized and performed prior to July 1, 1995, plus any years of prior service authorized under this title, plus (2) two percent (2%) of the member's average salary upon which member contributions were made, multiplied by the number of the member's years of credited service authorized and performed after June 30, 1995. B. Except as otherwise provided for in this section, the amount contributed by each member to the retirement system shall be: 1. Beginning July 1, 1992, through June 30, 1996, six percent (6%) of the regular annual compensation of such member not in excess of Twenty-five Thousand Dollars ($25,000.00) and beginning July 1, 1995, through June 30, 1996, six percent (6%) of the maximum compensation level; 2. Beginning July 1, 1996, through June 30, 1997, six and one- half percent (6 1/2%) of the regular annual compensation of members, who are not employed by an entity or institution within The Oklahoma State System of Higher Education not in excess of Twenty-five Thousand Dollars ($25,000.00) and beginning July 1, 1996, through June 30, 1997, six and one-half percent (6 1/2%) of the regular annual compensation of members, who are employed by an entity or institution within The Oklahoma State System of Higher Education, not in excess of Twenty-five Thousand Dollars ($25,000.00); 3. Beginning July 1, 1997, seven percent (7%) of the regular annual compensation of the member not in excess of any applicable maximum compensation level of the member; and 4. All public schools in this state shall treat the employee contributions as being picked up under the provisions of Section 414 (h)(2) of the Internal Revenue Code of 1986 in determining tax treatment. Subject to Internal Revenue Service approval, paragraph 4 of this subsection shall not apply to a comprehensive university group established on or before July 1, 1998, whose employee contributions were consistently treated as not picked up as of July 1, 1998, and at all times thereafter. C. 1. Prior to July 1, 1995, an active member of the System may elect to have a maximum compensation level of Forty Thousand Dollars ($40,000.00). Such an election shall be made in writing and filed with the System. Members whose salaries are in excess of Twenty-five Thousand Dollars ($25,000.00) on July 20, 1987, shall file the election with the System prior to January 1, 1988. Members whose salaries exceed Twenty-five Thousand Dollars ($25,000.00) after July 20, 1987, shall file the election when the salary exceeds Twenty-five Thousand Dollars ($25,000.00). If a member makes such an election, the member shall contribute the following amounts: a. beginning July 1, 1992, through June 30, 1993, eleven percent (11%) of the regular annual compensation of such member that is in excess of Twenty-five Thousand Dollars ($25,000.00) and is not in excess of Forty Thousand Dollars ($40,000.00), b. beginning July 1, 1993, through June 30, 1994, nine percent (9%) of the regular annual compensation of such member that is in excess of Twenty-five Thousand Dollars ($25,000.00) and is not in excess of Forty Thousand Dollars ($40,000.00), and c. beginning July 1, 1994, through June 30, 1995, eight percent (8%) of the regular annual compensation of such member that is in excess of Twenty-five Thousand Dollars ($25,000.00) and is not in excess of Forty Thousand Dollars ($40,000.00). Except as provided in subsection E of this section, any such election shall be irrevocable. 2. After June 30, 1995, in addition to the amount contributed by each member to the retirement system pursuant to subsection B of this section, the total amount contributed by each member to the retirement system shall include, beginning July 1, 1995, through June 30, 1997, seven percent (7%) of the regular annual compensation of each member, who is not employed by an entity or institution within The Oklahoma State System of Higher Education, that is in excess of Twenty-five Thousand Dollars ($25,000.00) and beginning July 1, 1996, through June 30, 1997, seven percent (7%) of the regular annual compensation of each member who is employed by an entity or institution within The Oklahoma State System of Higher Education in excess of Twenty-five Thousand Dollars ($25,000.00), but not in excess of any applicable maximum compensation level of the member. D. 1. Any member who was a contributing member of the Retirement System between July 1, 1987, and June 30, 1995, who at the time the member was eligible to make an election to increase the maximum compensation level of the member, failed to make an election or chose not to increase the maximum compensation level of the member to Forty Thousand Dollars ($40,000.00), may elect to make back contributions to the Retirement System. The member shall complete a new election form and file with the Board of Trustees, the form and a payment equaling the difference between the amount contributed at the twenty-five-thousand-dollar level and the appropriate contribution on compensation in excess of Twenty-five Thousand Dollars ($25,000.00) up to a maximum of Forty Thousand Dollars ($40,000.00) shall be made prior to the official retirement date of the member. The required payment shall include any contribution required by the employing school district, and shall include interest compounded annually at ten percent (10%) per annum of both employer and employee contributions. 2. Any changes made pursuant to this subsection shall be irrevocable. E. 1. An individual who withdrew from the Teachers' Retirement System and whose salary was in excess of Seven Thousand Eight Hundred Dollars ($7,800.00) and had elected to contribute only on Seven Thousand Eight Hundred Dollars ($7,800.00) before his or her withdrawal shall contribute on the earning ceiling as provided for in this section on his or her reentry into membership in the Teachers' Retirement System. 2. An individual who elected to contribute on a maximum of Seven Thousand Eight Hundred Dollars ($7,800.00) per annum shall, beginning July 1, 1979, contribute on his or her earning ceiling as provided for in this section. 3. Any member who elected to contribute on Seven Thousand Eight Hundred Dollars ($7,800.00) prior to January 1, 1978, and whose salary was more than Seven Thousand Eight Hundred Dollars ($7,800.00) during the school years 1974-75 through 1978-79 may elect to make back contributions to the retirement system by paying the five percent (5%) contributions on the difference between Seven Thousand Eight Hundred Dollars ($7,800.00) and the actual salary of the member, not to exceed Ten Thousand Dollars ($10,000.00) for each applicable school year, plus interest compounded annually at ten percent (10%) per annum. Such payment shall be made prior to the official retirement date of the member. F. Each employer shall cause to be deducted from the salary of each member on each and every payroll of such employer for each and every payroll period, the proper percentage of his or her earnable compensation as provided for in subsection B or subsection C of this section. 1. Deductions shall begin with the first payroll period of the school year. In determining the amount earnable by a member in a payroll period, the Board of Trustees shall consider the rate of annual compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period, and it may omit deductions from compensation for any period less than a full period, and to facilitate the making of deductions, it may modify the deduction required of any member by such an amount as shall not exceed one-tenth of one percent (1/10 of 1%) of the annual compensation upon the basis of which such deduction is to be made. Prior to January 1, 1991, any active contributing member who joined the System subsequent to July 1, 1943, may pay the normal cost, which shall mean the single sum which would have been paid under existing statutes at the time the service was performed, plus interest, for years of teaching service in Oklahoma from the date of establishment of the System in 1943 to date of membership, in a lump sum, or in installments equal to establishing one (1) year of creditable service. Effective January 1, 1991, any active contributing member who joined the System subsequent to July 1, 1943, may pay the amount determined by the Board of Trustees pursuant to Section 17-116.8 of this title for years of teaching service in Oklahoma from the date of establishment of the System in 1943 to date of membership, in a lump sum, or in installments equal to establishing one (1) year of creditable service. For purposes of this option, teaching service in Oklahoma shall include the teaching of vocational agricultural courses within Oklahoma for the federal government. Years for which contributions are paid shall count as membership service under this plan. A member may receive credit for not more than five (5) years of teaching service rendered while in the Peace Corps or in the public schools of a territory of the United States or the public schools, American Military Dependent Schools or state colleges or state universities outside this state by paying his or her contributions, plus interest, and membership fees to the retirement system, subject to the regulations of the Board of Trustees, providing he or she is not receiving and is not eligible to receive retirement credit or benefits from said service in any other public retirement system of this state, or any other state or territory of the United States subject to the following provisions: a. the member is required to have two (2) years of employed service teaching earned in Oklahoma for each year of Peace Corps, territorial, out-of-state, noncovered in-state or military membership credit granted. b. prior to January 1, 1991, the out-of-state or noncovered in-state payment shall be the normal cost, which means the single sum which would have been paid under existing law at the time the service was performed, plus interest, on the basis of what his or her annual salary would have been in Oklahoma or out of state, whichever is greater, had he or she been employed as a teacher. Effective January 1, 1991, the Peace Corps, territorial, out-of-state or noncovered in-state payment shall be the amount determined by the Board of Trustees pursuant to Section 17-116.8 of this title. 2. In addition to the deductions hereinabove provided for, any member who becomes a member of the Armed Forces of the United States of America during any period of national emergency, including World War II, the Korean conflict, the Vietnam conflict or others as may be determined by the Board of Trustees, or whose entrance into or training for the teaching profession was interrupted by his or her entrance into the Armed Forces, and who was or shall have become a member of the Teachers' Retirement System shall be granted the privilege of making up his or her five percent (5%) contributions as provided for in this section until January 1, 1991, for not to exceed five (5) years of service in the Armed Forces by electing to pay said contributions on the basis of the rate of pay in his or her contract as a teacher at the time his or her service in the Armed Forces commenced or in the case of a teacher who was not teaching prior to entering the Armed Forces, on the basis of the salary of the first year of teaching after being honorably discharged from the Armed Forces. Effective January 1, 1991, the member will receive such service upon payment of the amount determined by the Board of Trustees pursuant to Section 17-116.8 of this title. Such contributions shall be credited in the regular manner, and the period for which said contributions were paid shall be counted as creditable years of service and allocated to the period during which the military service was rendered, except that the period for which contributions were paid must have been continuous and shall be credited in the aggregate, regardless of fiscal year limitations. Notwithstanding any provision herein to the contrary, contributions, benefits and service credit with respect to qualified military service as defined by Section 414(u) of the Internal Revenue Code of 1986 shall be provided in accordance with Section 414(u) of the Internal Revenue Code. 3. Retirement benefits for all service credits purchased pursuant to this subsection shall be determined in accordance with the provisions of paragraph 2 of this subsection. G. Effective July 1, 2004, the total creditable service of a member who retires or terminates employment and elects a vested benefit shall include not to exceed one hundred twenty (120) days of unused sick leave accumulated subsequent to August 1, 1959. Twenty (20) days of unused sick leave shall equal one (1) month for purposes of creditable service credit. If the member becomes a member or was eligible to become a member prior to July 1, 1995, the year of credit received in this section shall be treated as service earned prior to July 1, 1995. This subsection shall apply to members retiring or vesting on or after the effective date of this act and shall not be retroactive. H. Any member who: 1. Shall be absent from the teaching service because of election to the State Legislature or appointment to the executive branch in an education-related capacity shall be allowed thirty (30) days from the date as of which the person is officially elected or appointed to file an election with the Teachers' Retirement System to retain his or her membership in the Teachers' Retirement System upon payment of the contribution required of other members and employers of said members as provided for in this section and his or her service credits shall continue to be accumulated during such absence, provided he or she is not receiving retirement credits or benefits from said service beginning after July 1, 1992, in other public retirement systems; or 2. Became an employee of the Oklahoma Commission for Teacher Preparation on or subsequent to June 1, 2001, but prior to July 1, 2002, who was previously employed by a participating employer within the Teachers' Retirement System of Oklahoma, may elect to cancel any accumulated service credit accrued within the Oklahoma Public Employees Retirement System on or after June 1, 2001, but prior to July 1, 2002, by filing an election with the Oklahoma Public Employees Retirement System for the cancellation of such service credit. The election shall be irrevocable and shall require the Oklahoma Public Employees Retirement System to transfer all accumulated employer and employee contributions made on behalf of or by the person making such election to the Teachers' Retirement System for such period of time. The Teachers' Retirement System shall compute the employee contributions that would have been made to the System by such employee if the contributions had been computed pursuant to this section. In order to receive the full amount of creditable service for the period of time on or after June 1, 2001, but not later than June 30, 2002, the employee shall be required to pay any difference between the transferred employee contributions and the amount computed by the Teachers' Retirement System. The employee may make payment of any required amount in the manner provided by and subject to the requirements of Section 17- 116.8 of this title. After payment of all required employee contributions, the Teachers' Retirement System shall credit the period of time represented by the transferred employee contributions as creditable service within the meaning of Section 17-101 of this title. After the transfer of the employee contributions, the Oklahoma Public Employees Retirement System shall cancel any service credit previously accumulated for the period of time represented by such transferred employee contributions. Any person who makes the election provided for by this paragraph, and who continues employment with the Oklahoma Commission for Teacher Preparation on or after July 1, 2002, shall continue to accrue service credit in the Teachers' Retirement System of Oklahoma. The employer shall make employer contributions according to the requirements of Section 17-108.1 of this title and shall provide for the deduction of employee contributions as required by this section. I. Any member who shall be absent from the teaching service because of election or appointment as a local, state or national education association officer, prior to January 1, 2011, shall be allowed to retain his or her membership in the Teachers' Retirement System upon payment of the contribution required of other members and employers of said members as provided for in this section and his or her service credits shall continue to be accumulated during such absence. Provided, however, any one such absence shall not exceed twelve (12) continuous years. No member who has less than ten (10) years of contributory service on July 1, 1994, may make this election after June 30, 1994. Members contributing to the System on July 1, 1994, may continue to contribute under this subsection until they have completed eight (8) years allowed by this subsection. The member may file for retirement when otherwise eligible for retirement as provided by Section 17-105 of this title. J. A member may receive credit for those years of service accumulated by the member while employed by an entity which is a participating employer in the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Police Pension and Retirement System, the Uniform Retirement System for Justices and Judges, the Oklahoma Law Enforcement Retirement System, or the Oklahoma Public Employees Retirement System, if the member is not receiving or eligible to receive retirement credit or benefits from said service in any other public retirement system. A member also may receive credit for those years of service with the Department of Wildlife Conservation or with an employer that is a participating employer within one of the state retirement systems specifically referred to in this section when at the time of such service by the member the employer was not such a participating employer, if the member is not receiving or eligible to receive retirement credit or benefits from said service in any other public retirement system. To receive the service credit provided in this subsection, the member shall pay the amount determined by the Board of Trustees pursuant to Section 17- 116.8 of this title. For purposes of this subsection, creditable service transferred from the Oklahoma Public Employees Retirement System shall include service authorized under paragraph (f) of subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes as amended from time to time. Members who retire prior to July 1, 1993, shall have their monthly benefit adjusted to include all services accrued under paragraph (f) of subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes. Provided however, any adjustment of existing retirement benefits caused by reason of inclusion of such service authorized under paragraph (f) of subsection (2) of Section 913 of Title 74 of the Oklahoma Statutes shall not affect any retirement benefit paid prior to July 1, 1993. K. 1. An active member of the Teachers' Retirement System of Oklahoma may receive credit for those years of service accumulated by the member while a member of the Oklahoma Public Employees Retirement System if: a. the member is an active member of the Teachers' Retirement System of Oklahoma, and b. the member provides notice to the Oklahoma Public Employees Retirement System and the Teachers' Retirement System of Oklahoma of the member's election to transfer said service credit. The notice shall include a list of the years to be transferred, and c. the member is not receiving or eligible to receive retirement credit or benefits from said service in any other public retirement system, notwithstanding the years of service sought to be transferred under this subsection. Members electing to take advantage of the transfer authorized by this subsection who are receiving or eligible to receive retirement credit or benefits from said service in any other public retirement system shall have all service credit with the Oklahoma Public Employees Retirement System canceled which is not transferred to the Teachers' Retirement System of Oklahoma or used as a cash offset in such a transfer pursuant to subparagraph d of paragraph 2 of this subsection. Service credit transferred to the Teachers' Retirement System of Oklahoma under this subsection shall also be canceled with the Oklahoma Public Employees Retirement System. 2. For purposes of this subsection, the "sending system" shall mean the Oklahoma Public Employees Retirement System. The "receiving system" shall mean the Teachers' Retirement System of Oklahoma. a. Within thirty (30) days notification of an intent to transfer is received by the sending system, the sending system shall, according to its own rules and regulations: (1) for members who have accrued at least eight (8) years of credited service with the sending system, determine the present value of the member's earned benefits attributable to the years of service sought to be transferred, discounted according to the member's age at the time of transfer and computed as of the earliest age at which the member would be able to retire. Said computation shall assume an unreduced benefit and be computed using interest and mortality assumptions consistent with the actuarial assumptions adopted by the Board of Trustees for purposes of preparing the annual actuarial evaluation, but shall not make any projections regarding future salary. For employees who have accrued at least eight (8) years of credited service, the sending system shall use the product of this calculation for purposes of determining the transfer fee to be paid by the employee under subparagraph c of this paragraph so long as it is greater than the product of the calculation in division (2) of this subparagraph, and (2) determine the sum of the employee and employer contributions applicable to the years of service sought to be transferred plus interest consistent with the actuarial assumptions adopted by the Board of Trustees for purposes of preparing the annual actuarial evaluation. For all nonvested members, and for members who have accrued at least eight (8) years of credited service, if the product of this calculation is greater than the product of the calculation in division (1) of this subparagraph, the sending system shall use the product of this calculation for purposes of determining the amount to be transferred by the sending system under subparagraph c of this paragraph and any transfer fee to be paid by the member under subparagraph d of this paragraph. b. Within thirty (30) days notification of an intent to transfer is received by the receiving system, the receiving system shall determine, according to the system's own rules and regulations, the present value of the member's incremental projected benefits discounted according to the member's age at the time of the transfer. Incremental projected benefits shall be the difference between the projected benefit said member would receive without transferring the service credit and the projected benefit after transfer of service credit computed as of the earliest age at which the member would be able to retire. Said computation shall assume an unreduced benefit and be computed using interest, salary projections and mortality assumptions consistent with the actuarial assumptions adopted by the Board of Trustees for purposes of preparing the annual actuarial evaluation. c. The sending system shall, within sixty (60) days from the date notification of an intent to transfer is received by the sending system, transfer to the receiving system the amount determined in subparagraph a of this paragraph. Except if the cost as calculated under subparagraph a of this paragraph is greater than the actuarial value of the incremental benefit in the receiving system, as established in subparagraph b of this paragraph, the sending system shall send the receiving system an amount equal to the actuarial value of the incremental projected benefit in the receiving system. d. In order to receive the credit provided for in paragraph 1 of this subsection, if the cost of the actuarial value of the incremental benefit to the receiving system is greater than the cost as calculated under subparagraph a of this paragraph for the same years of service to the sending system as established in subparagraphs a and b of this paragraph, the employee shall elect to: (1) pay any difference to receive full credit for the years sought to be transferred, or (2) receive prorated service credit for only the amount received from the Oklahoma Public Employees Retirement System pursuant to this subsection. Such an election shall be made in writing, filed with the System prior to receiving the credit provided for in paragraph 1 of this subsection, and shall be irrevocable. 3. Within sixty (60) days of successfully completing all of the requirements for transfer under this subsection, the sending system shall pay the receiving system any amount due under this subsection. Within sixty (60) days of successfully completing all of the requirements for transfer under this subsection, the member shall pay the receiving system any amount due under this subsection. In the event that the member is unable to pay the transfer fee provided for in this subsection by the due date, the Board of Trustees of the receiving system shall permit the member to amortize the transfer fee over a period not to exceed sixty (60) months. Said payments shall be made by payroll deductions unless the Board of Trustees permits an alternate payment source. The amortization shall include interest in an amount not to exceed the actuarially assumed interest rate adopted by the Board of Trustees for investment earnings each year. Any member who ceases to make payment, terminates, retires or dies before completing the payments provided for in this section shall receive prorated service credit for only those payments made, unless the unpaid balance is paid by said member, his or her estate or successor in interest within six (6) months after said member's death, termination of employment or retirement, provided no retirement benefits shall be payable until the unpaid balance is paid, unless said member or beneficiary affirmatively waives the additional six-month period in which to pay the unpaid balance. 4. Years of service transferred pursuant to this subsection shall be used both in determining the member's retirement benefit and in determining the years of service for retirement and/or vesting purposes. Years of service rendered as a member of the Oklahoma Public Employees Retirement System prior to July 1, 1992, if any, shall be deemed to be years of service rendered as a member of the Teachers' Retirement System of Oklahoma prior to July 1, 1992, and shall qualify such person as a member of the Teachers' Retirement System of Oklahoma before July 1, 1992. 5. Notwithstanding the requirements of subsection (5) of Section 917 of Title 74 of the Oklahoma Statutes, members electing to take advantage of the transfer authorized by this subsection who have withdrawn their contributions from the sending system shall remit to the sending system the amount of the accumulated contributions the member has withdrawn plus simple interest of ten percent (10%) per annum prior to making said election or the election shall be deemed invalid and the transfer shall be canceled. If such an election is deemed invalid and the transfer is canceled, the accumulated contribution remitted to the sending system by the member who originally withdrew their contributions shall be returned to the member. The member's rights and obligations regarding any service credit reestablished in the sending system due to a failure to satisfy the requirements of this subsection shall be determined by the sending system in accordance with Section 901 et seq. of Title 74 of the Oklahoma Statutes. 6. If any member fails for any reason to satisfy the requirements of this subsection, the election to transfer service credit shall be void and of no effect, and any service credited as a result of this transfer shall be canceled. If such service is canceled, the years of canceled service credit which were unsuccessfully transferred to the receiving system from the sending system shall be reestablished in the sending system. The member's rights and obligations regarding any service credit reestablished in the sending system due to a failure to satisfy the requirements of this subsection shall be determined by the sending system in accordance with Section 901 et seq. of Title 74 of the Oklahoma Statutes. 7. The Board of Trustees shall promulgate such rules as are necessary to implement the provisions of this subsection. L. Any member whose regular annual compensation was not determined as provided for by law may pay the member contribution required pursuant to subsection B of this section on such amount not included in the member's regular annual compensation and receive credit for such amount in the calculation of the member's benefit. The employees must pay the employer contributions required pursuant to Section 17-108.1 of this title. Interest at the rate of ten percent (10%) per annum shall be charged to both employee and employer contributions. Provided that the employing district may pay all or any portion of the contributions and interest the member is required to pay. Any payment by the employing district for a prior year obligation shall be considered a current obligation of the employer. M. Any active member who elected during the 1978-79 school year to pay the difference between five percent (5%) on actual salary not exceeding Ten Thousand Dollars ($10,000.00) and six percent (6%) on actual salary not exceeding Fifteen Thousand Dollars ($15,000.00) shall receive credit for one (1) year of credited service upon receipt and approval of a proper request by the Board of Trustees. N. Effective July 1, 1988, any member who is employed by the Governor, the State Senate, the House of Representatives or the Legislative Service Bureau shall be allowed to elect to retain membership in the Retirement System upon payment of the accrued and current member contributions and employer contributions as provided in subsection B of this section and Section 17-108.1 of this title. Such contributions may be paid on behalf of the member by the employing entity. Upon payment of such contributions, service credits shall continue to be accumulated during such employment. Accrued contributions shall be paid to the Retirement System by August 1, 1989. Current contributions shall be paid to the Retirement System by the tenth of the following month beginning with the month of July 1989. O. Notwithstanding any requirements of this title to restrict the payment of service purchases, the Board of Trustees shall promulgate such rules as necessary to allow active members of the System to make installment payments for the redeposit of withdrawn accounts or other payments due under the provisions of this title. The rules shall permit the member to amortize the balance due over a period not to exceed sixty (60) months, and shall include interest consistent with the actuarial assumptions adopted by the Board of Trustees for purposes of preparing the annual actuarial evaluation. Further, the rules shall provide that all payments must be completed prior to the effective retirement date of the member. P. 1. A member of the Oklahoma Public Employees Retirement System who becomes a member of the Teachers' Retirement System of Oklahoma because the member has become employed by an entity or institution within The Oklahoma State System of Higher Education, State Board of Education, State Board of Career and Technology Education, Oklahoma Department of Career and Technology Education, Oklahoma School of Science and Mathematics, Oklahoma Center for the Advancement of Science and Technology, State Department of Rehabilitation Services, Oklahoma State Regents for Higher Education, Department of Corrections, State Department of Education, Oklahoma Board of Private Vocational Schools, Board of Regents of Oklahoma Colleges, Oklahoma Student Loan Authority, or the Teachers' Retirement System of Oklahoma, may elect to receive credit in the Teachers' Retirement System of Oklahoma for those years of service accumulated by the member in the Oklahoma Public Employees Retirement System pursuant to this subsection. A member shall be eligible to elect to receive credit for such years of service if: a. the member is an active member of the Teachers' Retirement System of Oklahoma, b. the member provides notice to the Teachers' Retirement System of Oklahoma and the Oklahoma Public Employees Retirement System of the member's election to transfer such retirement credit. The notice shall include a list of the years to be transferred, and c. the member is not receiving or eligible to receive retirement credit or benefits from such service in any other public retirement system, notwithstanding the years of service sought to be transferred under this subsection. Members electing to take advantage of the transfer authorized by this subsection shall have all service credit with the Oklahoma Public Employees Retirement System canceled which is transferred to the Teachers' Retirement System of Oklahoma. 2. For purposes of this subsection, the "sending system" shall mean the Oklahoma Public Employees Retirement System. The "receiving system" shall mean the Teachers' Retirement System of Oklahoma. Within thirty (30) days after notification of an intent to transfer is received by the sending system, the sending system shall, according to its own rules, send to the receiving system all employer and employee contributions made on behalf of the member which were made to the sending system plus an additional amount of earnings based on the actuarial assumed rate of the sending system. Upon receipt of these contributions by the receiving system, the receiving system shall give credit to the transferring member in an amount equal to the years of service accrued in the sending system. 3. If the transferring member's normal retirement date calculation is based upon the sum of the member's age and number of years of credited service totaling eighty (80) in the sending system, then the member shall retain such calculation in the receiving system. 4. The Board of Trustees shall promulgate such rules as are necessary to implement the provisions of this subsection. Q. A former member of the Teachers' Retirement System of Oklahoma who withdrew his or her contributions from the System prior to January 1, 1983, and who had at least ten (10) years of service in the System and purchased that service in the Oklahoma Public Employees Retirement System, may elect to revoke that purchase from the Oklahoma Public Employees Retirement System and to repay the withdrawn contributions to the System in order to be eligible, once such member reaches the normal retirement age, to receive a retirement benefit that is based upon years of service and compensation at the time such member terminated employment. In addition, such former member may elect to transfer service credit accrued in the Oklahoma Public Employees Retirement System to the Teachers' Retirement System of Oklahoma pursuant to subsection K of this section. The election, pursuant to this subsection, shall be made prior to September 1, 2000. The election and the repayment shall be made according to rules promulgated by the Board. Added by Laws 1978, c. 238, § 11, eff. July 1, 1978. Amended by Laws 1979, c. 286, § 5, eff. July 1, 1979; Laws 1980, c. 355, § 5, eff. July 1, 1980; Laws 1982, c. 329, § 7, eff. July 1, 1982; Laws 1984, c. 267, § 8, operative July 1, 1984; Laws 1985, c. 180, § 7, eff. July 1, 1985; Laws 1986, c. 108, § 1, emerg. eff. April 5, 1986; Laws 1986, c. 283, § 5, operative July 1, 1986; Laws 1987, c. 236, § 171, emerg. eff. July 20, 1987; Laws 1988, c. 165, § 26, operative July 1, 1988; Laws 1989, c. 327, § 2, eff. July 1, 1989; Laws 1990, c. 341, § 3, eff. July 1, 1990; Laws 1991, c. 335, § 27, emerg. eff. June 15, 1991; Laws 1992, c. 212, § 1, emerg. eff. May 15, 1992; Laws 1992, c. 376, § 10, eff. July 1, 1992; Laws 1993, c. 92, § 1, eff. July 1, 1993; Laws 1994, c. 60, § 1, eff. July 1, 1994; Laws 1994, c. 383, § 7, eff. July 1, 1994; Laws 1995, c. 1, § 27, emerg. eff. March 2, 1995; Laws 1995, c. 333, § 2, eff. July 1, 1995; Laws 1996, c. 3, § 17, emerg. eff. March 6, 1996; Laws 1996, c. 359, § 3, eff. July 1, 1996; Laws 1998, c. 360, § 2, eff. July 1, 1998; Laws 1999, c. 1, § 27, emerg. eff. Feb. 24, 1999; Laws 1999, c. 257, § 28, eff. July 1, 1999; Laws 2000, c. 377, § 10, eff. July 1, 2000; Laws 2001, c. 48, § 1, eff. July 1, 2001; Laws 2002, c. 459, § 1, eff. July 1, 2002; Laws 2003, c. 3, § 80, emerg. eff. March 19, 2003; Laws 2003, c. 486, § 3, eff. July 1, 2003; Laws 2004, c. 536, § 19, eff. July 1, 2004; Laws 2005, c. 1, § 122, emerg. eff. March 15, 2005; Laws 2011, c. 203, § 3, eff. Nov. 1, 2011; Laws 2012, c. 11, § 22, emerg. eff. April 4, 2012; Laws 2013, c. 101, § 3, eff. Nov. 1, 2013; Laws 2015, c. 250, § 1. NOTE: Laws 1986, c. 259, § 63 repealed by Laws 1987, c. 236, § 201, emerg. eff. July 20, 1987. Laws 1989, c. 101, § 2 repealed by Laws 1990, c. 341, § 6, eff. July 1, 1990. Laws 1990, c. 340, § 29, as amended by Laws 1990, c. 334, § 7 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991. Laws 1994, c. 370, § 2 and Laws 1994, c. 380, § 4 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 1995, c. 295, § 2 and Laws 1995, c. 329, § 1 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996. Laws 1998, c. 317, § 7 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999. Laws 2002, c. 406, § 1 repealed by Laws 2003, c. 3, § 81, emerg. eff. March 19, 2003. Laws 2004, c. 315, § 3 repealed by Laws 2005, c. 1, § 123, emerg. eff. March 15, 2005. Laws 2011, c. 179, § 1 repealed by Laws 2012, c. 11, § 23, emerg. eff. April 4, 2012. §70-17-116.2A. Oklahoma State System of Higher Education - Employees of entities or institutions - Retroactive election or removal of maximum compensation level. A. Except as otherwise provided by this section, an active contributing member of the retirement system who performed membership service as an employee of a comprehensive university on or after July 1, 1995, but not later than June 30, 1996, may with respect to membership service performed between those dates, inclusive, elect to: 1. Retroactively impose a maximum compensation level of Thirty- two Thousand Five Hundred Dollars ($32,500.00), if the member was subject to a maximum compensation level of Twenty-seven Thousand Five Hundred Dollars ($27,500.00) for service performed on or after July 1, 1995, but not later than June 30, 1996; or 2. Retroactively impose a maximum compensation level of Forty- nine Thousand Dollars ($49,000.00), if the member was subject to a maximum compensation level of Forty-four Thousand Dollars ($44,000.00) for service performed on or after July 1, 1995, but not later than June 30, 1996. B. Except as otherwise provided by this section, an active contributing member of the retirement system who performed membership service as an employee of an entity or institution within The Oklahoma State System of Higher Education, other than a comprehensive university, on or after July 1, 1995, but not later than June 30, 1996, may with respect to membership service performed between those dates, inclusive, elect to retroactively remove the maximum compensation level applicable to the member's compensation for any service performed during that time period. C. A member electing a maximum compensation level or removing a maximum compensation level pursuant to subsection A or subsection B of this section shall be required to pay to the retirement system the full amount of employer contributions and employee contributions applicable for the period of service based upon the elections authorized by this section, less the amount of employer contributions and employee contributions made or credited for that period, plus ten percent (10%) interest from the date such contributions would have been made until the payment is made to the retirement system. The interest charged pursuant to this subsection shall be compounded annually. A member may pay the amount prescribed by this subsection at any time prior to the date as of which the member files the written application for retirement with the retirement system. An entity or institution within The Oklahoma State System of Higher Education may make payment to the retirement system for any part or all of the amount required by this subsection for an employee of that entity or institution in order for retirement benefits to be computed at the applicable maximum compensation level for membership service performed on or after July 1, 1995, but not later than June 30, 1996. Any amount paid by an employer pursuant to this subsection shall be deemed to be picked up by the employer pursuant to Section 414(h) of the Internal Revenue Code of 1986, as amended. D. If a member who elects a retroactive maximum compensation level or who elects to retroactively remove a maximum compensation level pursuant to subsection A or subsection B of this section fails to pay the amount required to receive credit for compensation earned on or after July 1, 1995, but not later than June 30, 1996, the member shall receive retirement benefits for this period of service based upon compensation upon which both the required employer and employee contributions were actually made. E. For purposes of computing the retirement allowance of a member authorized to make the election authorized by subsection A or subsection B of this section, no member electing a retroactive maximum compensation level or retroactively removing a maximum compensation level pursuant to subsection A or subsection B of this section may receive retirement benefits for the period of service based upon compensation in excess of the amount of compensation upon which employer and employee contributions were actually paid unless full payment to the retirement system is made as required by subsection C of this section. F. No provision contained in this section shall be considered or construed to require payment of any sum by an entity or institution within The Oklahoma State System of Higher Education of amounts owed to the retirement system by a member who makes an election authorized by subsection A or subsection B of this section. G. A member eligible to make the election authorized by subsection A or subsection B of this section shall: 1. Make the election in writing, upon a form to be prescribed by the Board of Trustees; and 2. File the election with the Board of Trustees not later than December 31, 1996. H. All elections authorized by the provisions of subsection A or subsection B of this section shall be permitted once, and only once, for each employee authorized to make the election. Any election made pursuant to the provisions of this section shall be irrevocable and shall bind the employee, the employee's heirs, beneficiaries and other interested persons, with respect to the amount of compensation upon which contributions shall be made and the amount of retirement benefits resulting from the election so made. Any employee who is eligible to make an election pursuant to the provisions of this section, but who fails to do so, for whatever reason, shall forfeit any right or power by the employee to attempt to exercise the election at any later time. All elections made pursuant to this section shall be operative only for service performed and compensation received from an entity or institution within The Oklahoma State System of Higher Education and shall not have any effect with respect to compensation received from any other participating employer within the Teachers' Retirement System of Oklahoma. Added by Laws 1996, c. 359, § 4, eff. July 1, 1996. §70-17-116.2B. Oklahoma State System of Higher Education - Employees of entities or institutions - Amount of retirement benefits. A. Beginning July 1, 2004, a member who has any creditable service as an employee of an entity or institution within The Oklahoma State System of Higher Education on or after July 1, 1995, who retires on or after the member's normal retirement age or whose retirement is because of disability shall receive an annual allowance for life, payable monthly, as follows: 1. If the member becomes a member after June 30, 1995, and was not eligible to become a member prior to July 1, 1995, in an amount equal to two percent (2%) of the member's average salary upon which member contributions were made, multiplied by the number of the member's years of creditable service; 2. If the member became a member or is eligible to become a member prior to July 1, 1995, and elected to have a maximum compensation level in excess of Twenty-five Thousand Dollars ($25,000.00) pursuant to paragraph 1 of subsection C of Section 17- 116.2 of this title or pursuant to subsection E of Section 17-116.2 of this title, or if the member's salary never exceeded Twenty-five Thousand Dollars ($25,000.00) prior to July 1, 1995, in an amount equal to: a. two percent (2%) of the member's average salary upon which member contributions were made, not to exceed Forty Thousand Dollars ($40,000.00), multiplied by the number of the member's years of creditable service authorized and performed prior to July 1, 1995, plus any years of prior service authorized under this title, plus b. two percent (2%) of the average of the member's maximum compensation level upon which member contributions were made for those years between July 1, 1995, and June 30, 2007, in which the member's regular annual compensation meets or exceeds the maximum compensation level in effect for the member for the period July 1, 1995, through June 30, 2007, multiplied by the number of the member's years of creditable service for the period July 1, 1995, through June 30, 2007, in which the member's regular annual compensation meets or exceeds the maximum compensation in effect for the member for the period July 1, 1995, through June 30, 2007, plus c. two percent (2%) of the member's average salary upon which member contributions were made, multiplied by the number of the member's years of creditable service authorized and performed for an employer other than a comprehensive university or for service performed for an employer other than an entity or institution within The Oklahoma State System of Higher Education on or after July 1, 1995, but not later than June 30, 2007, plus d. two percent (2%) of the member's average salary upon which member contributions were made, multiplied by the number of the member's years of creditable service in which contributions were made that did not meet or exceed the member's maximum compensation level in effect for the member for the period July 1, 1995, through June 30, 2007, and the number of the member's years of creditable service authorized and performed after June 30, 2007; 3. If the member became a member or is eligible to become a member prior to July 1, 1995, and was eligible to elect to have a maximum compensation level in excess of Twenty-five Thousand Dollars ($25,000.00) and did not elect or elected not to have a maximum compensation level of Forty Thousand Dollars ($40,000.00) pursuant to paragraph 1 of subsection C of Section 17-116.2 of this title or pursuant to subsection E of Section 17-116.2 of this title, in an amount equal to: a. two percent (2%) of the member's average salary upon which member contributions were made, not to exceed Twenty-five Thousand Dollars ($25,000.00), multiplied by the number of the member's years of creditable service authorized and performed prior to July 1, 1995, plus any years of prior service authorized under this title, plus b. two percent (2%) of the average of the member's maximum compensation level upon which member contributions were made for those years of service between July 1, 1995, and June 30, 2007, in which the member's regular annual compensation meets or exceeds the maximum compensation level in effect for the member for the period July 1, 1995, through June 30, 2007, multiplied by the number of the member's years of creditable service for the period July 1, 1995, through June 30, 2007, in which the member's regular annual compensation meets or exceeds the maximum compensation in effect for the member for the period July 1, 1995, through June 30, 2007, plus c. two percent (2%) of the member's average salary upon which member contributions were made, multiplied by the number of the member's years of creditable service authorized and performed for an employer other than a comprehensive university or for service performed for an employer other than an entity or institution within The Oklahoma State System of Higher Education on or after July 1, 1995, but not later than June 30, 2007, plus d. two percent (2%) of the member's average salary upon which member contributions were made, multiplied by the number of the member's years of creditable service in which contributions were made that did not meet or exceed the member's maximum compensation level in effect for the member for the period July 1, 1995, through June 30, 2007, and the number of the member's years of creditable service authorized and performed after June 30, 2007; 4. Any member who retired on or after July 1, 1995, shall be eligible to have the benefits recalculated in accordance with the terms and provisions of paragraphs 2 and 3 of this section. In the event such calculation results in an increase in benefits, such benefits will be adjusted commencing January 1, 2005, and thereafter. No such recalculation shall be applied in a retroactive manner to result in any increase in benefits which have been paid between July 1, 1995, and December 31, 2004; 5. For purposes of this section, the term "average of the member's maximum compensation level" means an average of the annual salary on which the maximum contributions were made to the Teachers' Retirement System of Oklahoma for the period between July 1, 1995, and June 30, 2007. The average for each member will be applied in accordance with paragraph (15) of Section 17-101 of this title; 6. In the event there are insufficient number of years for the time period between July 1, 1995, and June 30, 2007, to reach the high three (3) or high consecutive five (5) years in accordance with paragraph (15) of Section 17-101 of this title, the member's maximum compensation level shall be determined by an average of the salary on which maximum contributions were made. In no case shall the member's maximum compensation level exceed the average salary as determined by paragraph (15) of Section 17-101 of this title; and 7. Beginning July 1, 2018, an active member of the Teachers' Retirement System of Oklahoma who is employed and participating with an entity or institution within The Oklahoma State System of Higher Education may purchase not to exceed two (2) years of incentive credit if: a. the member has reached his or her normal retirement date or is within two (2) years of reaching the member's normal retirement date as authorized in Section 17-105 of this title, or b. the member is eligible for or is within two (2) years of being eligible for early retirement pursuant to paragraph 1 of subsection A of Section 17-116.2 of this title. B. Purchased incentive credit may only be used as participation service to qualify the member for normal or early retirement. C. To receive the incentive credit, the member shall pay the amount determined by the Board pursuant to Section 17-116.8 of this title. Added by Laws 1996, c. 359, § 5, eff. July 1, 1996. Amended by Laws 1999, c. 105, § 2, eff. July 1, 1999; Laws 2004, c. 385, § 11, eff. July 1, 2004; Laws 2018, c. 44, § 2, eff. Nov. 1, 2018. §70-17-116.2C. Definitions - Computation of retirement benefits - Pre-cap removal service - Payment of contribution deficit amount. A. As used in this section: 1. "Contribution deficit" means the amount of money computed for an eligible employee by multiplying the employee contribution rate in effect for any period of service performed on or after July 1, 1987, through June 30, 1995, multiplied by the amount of salary earned by the member in excess of the applicable maximum compensation level of the member for such period with interest at the rate of ten percent (10%) per year compounded annually; provided, that for the designated fiscal years prescribed by subparagraphs a and b of this paragraph, the contribution deficit payment shall be adjusted to: a. fifty percent (50%) of the total amount of the computation otherwise prescribed by this paragraph for the fiscal year ending June 30, 2007, b. seventy-five percent (75%) of the total amount of the computation otherwise prescribed by this paragraph for the fiscal year ending June 30, 2008, and c. one hundred percent (100%) of the total amount of the computation otherwise prescribed by this paragraph for the fiscal year ending June 30, 2009, and for each fiscal year thereafter; 2. "Eligible employee" means a member of the System who has not retired prior to the effective date of this act and who has performed service at any time prior to June 30, 1995, and who fulfills the requirements of this act with respect to inclusion of pre-cap removal years of service in a retirement benefit computation and: a. who has already reached a normal retirement age prior to the effective date of this act and has not retired prior to the effective date of this act, b. who reaches a normal retirement age on or after the effective date of this act, and c. who is employed by an institution within The Oklahoma State System of Higher Education that is not a comprehensive university or a regional institution offering a four-year degree program as designated or authorized by the Oklahoma State Regents for Higher Education; 3. "Maximum average salary amount", subject to the requirements of this paragraph related to the funding level for employer contribution rates, means: a. Sixty Thousand Dollars ($60,000.00) regardless of any otherwise applicable maximum compensation level for the fiscal year ending June 30, 2007, b. Eighty Thousand Dollars ($80,000.00) regardless of any otherwise applicable maximum compensation level for the fiscal year ending June 30, 2008, and c. the full amount of the average salary without any limitation for the fiscal year ending June 30, 2009, and or each fiscal year thereafter. The maximum final average salary amount otherwise authorized pursuant to subparagraph b or subparagraph c of this paragraph shall be contingent upon the participating employer in whose employment the member is active upon the date the member retires receiving, for the fiscal year during which the member's retirement will begin, the amount of funds required pursuant to subparagraph (A)(1) of Section 17-108.1 of this title in order to allow the employer contribution rates prescribed by subparagraph (A)(1) of Section 17-108.1 of this title to be effective as law. If a member is employed by an employer that does not receive the funding required by subparagraph (A)(1) of Section 17-108.1 of this title for the fiscal year during which the member's retirement will begin, the member shall not be authorized to use the maximum final average salary otherwise authorized by this paragraph to compute retirement benefits; 4. "Maximum compensation level" means either: a. Twenty-five Thousand Dollars ($25,000.00) if a member did not elect to make employee contributions on a higher salary amount for any pre-cap removal years of service, or b. Forty Thousand Dollars ($40,000.00) if a member did elect to make employee contributions upon actual salary not in excess of such amount for any pre-cap removal years of service; 5. "Pre-cap removal service" means any service performed by an active member prior to June 30, 1995; and 6. "System" means the Teachers' Retirement System of Oklahoma; B. Unless otherwise expressly provided by this section, any definition contained in Section 17-101 of this title otherwise applicable to computation of benefits for retired members of the Teachers' Retirement System of Oklahoma shall have the same meaning for purposes of this section. C. Effective July 1, 2006, any eligible member of the Teachers' Retirement System of Oklahoma, who, as of July 1, 2006, has already reached a normal retirement age or who on or after July 1, 2006, reaches a normal retirement age as defined by paragraph 24 of Section 17-101 of this title, shall be eligible to have a retirement benefit computed as provided by this section. If a member is eligible for the benefit computation authorized by this section, the average salary used to compute the retirement benefit of the member shall be governed by the provisions of this section and such provisions shall govern in the event of conflict between this section and the provisions of Section 17-116.2 of this title. D. An eligible employee who performs service in the manner prescribed by subsection E of this section and who makes payment of the applicable contribution deficit amount may have a retirement benefit computed as otherwise authorized by Section 17-105 of this title, but shall have such benefit computed without regard to any maximum compensation level that would otherwise be applicable to the compensation of the member for any period of pre-cap removal service. E. In order to have retirement benefits computed as authorized by subsection C of this section, and in addition to the payment of the contribution deficit amount required by this section, in order to have any pre-cap removal service included in the retirement benefit computation of the member using the average salary earned during such period of participating service subject to the maximum average salary amount, the member shall be required to perform one (1) year of participating service on or after the date as of which the member reaches a normal retirement age, for each two (2) years of service performed prior to July 1, 1995. For purposes of this section, any year of service performed prior to the effective date of this act after a member reached a normal retirement age shall qualify for purposes of the retirement benefit computation authorized by this section. F. One (1) year of participating service performed by an eligible member who, prior to the effective date of this act has reached a normal retirement age or, who on or after July 1, 2006, reaches a normal retirement age, shall result in the inclusion of the two (2) years of participating service immediately preceding July 1, 1995, in a retirement benefit computation using the average salary of the member, subject to the maximum average salary amount. For each additional year of participating service performed by the eligible member thereafter, whether such service has been performed prior to the effective date of this act or whether such service is performed on or after the effective date of this act, the two (2) next succeeding years of pre-cap removal service performed prior to the end of the preceding two-year period may be included in the benefit computation without regard to the maximum compensation level of the member that would otherwise be applicable to such pre-cap removal service. G. The eligible member shall be required to make payment to the Teachers' Retirement System of Oklahoma of the contribution deficit amount for any year of service performed on or after July 1, 1987, but not later than June 30, 1995, as prescribed by subsections H through K of this section in order to have any years of pre-cap removal service included in the retirement benefit computation using the average salary of the member subject to the maximum average salary amount. H. In order to have years of service included in the benefit computation using average salary subject to the maximum average salary amount, the member shall be required to make payment of the contribution deficit for the following years of service and in the sequence prescribed by subsection I of this section according to the adjustments required by subparagraphs a and b of paragraph 1 of subsection A of this section: 1. July 1, 1987, through June 30, 1988; 2. July 1, 1988, through June 30, 1989; 3. July 1, 1989, through June 30, 1990; 4. July 1, 1990, through June 30, 1991; 5. July 1, 1991, through June 30, 1992; 6. July 1, 1992, through June 30, 1993; 7. July 1, 1993, through June 30, 1994; and 8. July 1, 1994, through June 30, 1995. I. For each year of service performed by the eligible member prior to the effective date of this act and after having reached a normal retirement age, or for each year of service performed by the member after reaching a normal retirement age on or after the effective date of this act, the member shall be required to make payment of the contribution deficit amount for each year of service beginning with the years described in paragraphs 7 and 8 of subsection H of this section. For each additional year of service performed by the eligible member after the normal retirement age of the member, the member shall make payment of the contribution deficit amount for each of the next two (2) years of service as described in: 1. Paragraphs 5 and 6 of subsection H of this section; 2. Paragraphs 3 and 4 of subsection H of this section; and 3. Paragraphs 1 and 2 of subsection H of this section. J. After making payment of all required contribution deficit amounts for all periods of service described in paragraphs 1 through 8 of subsection H of this section, an eligible member who has performed any additional years of service after having reached a normal retirement age, or for each year of service performed by the member after reaching a normal retirement age on or after the effective date of this act, the member may then include any additional two-year period of service performed prior to July 1, 1987, using the average salary of the member, subject to the maximum average salary amount, in the retirement benefit computation for such years of service by performing one (1) additional year of service. K. No contribution deficit payments shall be required of the eligible member with respect to years of service performed prior to July 1, 1987, if such years of service are included in the retirement benefit computation of the member using average salary as otherwise authorized by this section, subject to the maximum average salary amount. L. An eligible member may make the payment of the contribution deficit amount required by this section at any time prior to the retirement of the member from the System; however, no years of pre- cap removal service for which full payment of the required contribution deficit has not been made pursuant to the requirements of this section may be included in the retirement benefit computation of the otherwise eligible member using the average salary of the member for such period, subject to the maximum average salary amount. M. Any pre-cap removal years of service for which the required contribution deficit payment has not been made to the System shall only be included in a retirement benefit computation using the maximum compensation level in effect for the member at the time such years of service were performed. N. All payments to the System for pre-cap removal service shall be made prior to the date as of which a member retires. No payments to the System for pre-cap removal service otherwise authorized by this section shall be made after a member retires from the System and begins to receive benefits. O. Any eligible member who, prior to the effective date of this act, has not previously made an election for payment of employee contributions on a maximum compensation level of Twenty-five Thousand Dollars ($25,000.00) for pre-cap removal service may file an election with the System to make payment of the required contribution deficit amount pursuant to this section. Such an election shall be irrevocable. P. No participating employer of the System shall make payment of any required contribution deficit amount on behalf of any otherwise eligible member, whether directly or indirectly, in order for the member to have retirement benefits computed according to the provisions of this section. Q. No member of the System who has retired prior to July 1, 2006, shall be eligible to make any payments of the contribution deficit amount and no such member shall have the ability to have a retirement benefit recomputed as a result of the provisions of this section. R. The additional retirement benefit attributable to the provisions of this section may be computed for members who retire on or after July 1, 2006, but prior to January 1, 2007, but the additional retirement benefit attributable to the provisions of this section shall not be payable until January 1, 2007. On and after January 1, 2007, the additional retirement benefit attributable to the provisions of this section shall be added to the retirement benefit amount of any member who retires on or after July 1, 2006, and prior to January 1, 2007, and such increased benefit amount shall be payable to the member or any beneficiary of the member as otherwise provided pursuant to the provisions of Section 17-101 of this title in the same manner as other retirement benefits are payable. Added by Laws 2006, 2nd Ex. Sess., c. 46, § 2, eff. July 1, 2006. Amended by Laws 2007, c. 186, § 4, eff. July 1, 2007; Laws 2018, c. 248, § 3; Laws 2019, c. 268, § 4, eff. July 1, 2019. §70-17-116.2D. Forfeiture of retirement benefits. A. Any member of the System upon final conviction of, or pleading guilty or nolo contendere to, a felony in a state or federal court of competent jurisdiction shall forfeit all retirement benefits provided by law; however, the forfeiture of retirement benefits shall not occur if any such member of the System received a deferred sentence, but retirement benefits shall not commence prior to completion of the deferred sentence. The forfeiture of retirement benefits required by this subsection shall not include such member’s contributions to the retirement system or retirement benefits that are vested on the effective date of this act. B. The forfeiture of retirement benefits as provided by subsection A of this section shall also apply to any member of the System who, after leaving active contributory employment, is convicted of, or pleads guilty or nolo contendere to, in a state or federal court of competent jurisdiction, a felony committed while in such employment, where the felony is for bribery, corruption, forgery or perjury or any other crime related to the duties of his or her employment, or related to campaign contributions or campaign financing for that or any other office. C. Any claims for payment of retirement benefits to any such member of the System suspended from or forfeiting his or her retirement benefits shall be rejected by the System. D. Such suspension or forfeiture shall continue until such time as the conviction or guilty plea is reversed by the highest appellate court to which the member may appeal. E. The attorney responsible for prosecuting such members of the System shall notify the System of the forfeiture of such member's retirement benefits. Upon receipt of the notice of forfeiture, the System shall immediately suspend all benefits of the member, and notify the member of his or her right to a hearing to review whether the conviction or plea qualifies for forfeiture of benefits under this section. If the conviction or plea occurs in federal court or the notice of forfeiture is not forthcoming from the state prosecutor, the System may investigate and gather court documents and contact prosecutors to determine whether the conviction or plea qualifies under this section. Upon obtaining sufficient documentation of the conviction or plea, the retirement system shall immediately suspend all benefits of the member, and notify the member of his or her right to a hearing to review whether the conviction or plea qualifies for forfeiture of benefits under this section. Added by Laws 2012, c. 46, § 1, eff. Nov. 1, 2012. §70-17-116.3. Repealed by Laws 1979, c. 286, § 6, eff. July 1, 1979. §70-17-116.4. Repealed by Laws 1979, c. 286, § 6, eff. July 1, 1979. §70-17-116.5. Repealed by Laws 1982, c. 329, § 9, eff. July 1, 1982. §70-17-116.6. Teachers' Retirement Reserve Fund. There is hereby created in the State Treasury a special fund which shall be designated the "Teachers' Retirement Reserve Fund". Said fund shall consist of such monies as the Legislature may transfer to such fund. The monies in said fund shall only be used to support or benefit public pension programs and shall be paid out pursuant to direction of the Legislature. Added by Laws 1985, c. 335, § 9, emerg. eff. July 30, 1985. Renumbered from § 934 of Title 74 by Laws 1986, c. 283, § 7, operative July 1, 1986. §70-17-116.7. Supplemental pension benefits - Audits - Reports. A. After the effective date of this act, before entering into any type of contract that creates an unfunded liability and is for the purpose of enhancing pension benefits for employees beyond the provisions of the Teachers' Retirement System of Oklahoma, a state institution of higher education, technology center school district, or public school district, unless otherwise provided by law, shall forward to the Office of the Attorney General a copy of the contract and a copy of an actuarial report indicating the amount of unfunded liability that would be created pursuant to the contract. The Attorney General shall review the contract to ensure that the contract conforms to state law. No such contract shall be signed by the education entity until the Attorney General approves the contract. Any such contract entered into without complying with the requirements of this section shall be void. B. In order to make the Legislature and Governor more aware of the effect of unfunded pension benefits and other post-employment benefits on state finances, annual audits conducted pursuant to law on state institutions of higher education, technology center school districts, and school districts shall be prepared in accordance with appropriate accounting standards pertaining to unfunded pension benefits and other post-employment benefits. The State Regents for Higher Education, the State Board of Career and Technology Education and the State Board of Education, jointly, shall have the information pertaining to benefits compiled into an annual report that shall be distributed to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. Added by Laws 1990, c. 237, § 1, emerg. eff. May 21, 1990. Amended by Laws 2001, c. 33, § 117, eff. July 1, 2001. §70-17-116.8. Service credit - Computation of purchase price. A. The Board of Trustees shall adopt rules for computation of the purchase price for service credit. These rules shall base the purchase price for each year purchased on the actuarial cost of the incremental projected benefits to be purchased. The purchase price shall represent the present value of the incremental projected benefits discounted according to the member's age at the time of purchase. Incremental projected benefits shall be the difference between the projected benefit said member would receive without purchasing the service credit and the projected benefit after purchase of the service credit computed as of the earliest age at which the member would be able to retire. Said computation shall assume an unreduced benefit and be computed using interest and mortality assumptions consistent with the actuarial assumptions adopted by the Board of Trustees for purposes of preparing the annual actuarial evaluation. B. In the event that the member is unable to pay the purchase price provided for in this section by the due date, the Board of Trustees shall permit the members to amortize the purchase price over a period not to exceed sixty (60) months. Said payments shall be made by payroll deductions unless the Board of Trustees permits an alternate payment source. The amortization shall include interest in an amount not to exceed the actuarially assumed interest rate adopted by the Board of Trustees for investment earnings each year. Any member who ceases to make payment, terminates, retires or dies before completing the payments provided for in this section shall receive prorated service credit for only those payments made, unless the unpaid balance is paid by said member, his or her estate or successor in interest within six (6) months after said member's death, termination of employment or retirement, provided no retirement benefits shall be payable until the unpaid balance is paid, unless said member or beneficiary affirmatively waives the additional six-month period in which to pay the unpaid balance. The Board of Trustees shall promulgate such rules as are necessary to implement the provisions of this subsection. Added by Laws 1990, c. 340, § 30, eff. July 1, 1990. Amended by Laws 1990, c. 334, § 8, operative July 1, 1990; Laws 1993, c. 322, § 18, emerg. eff. June 7, 1993. §70-17-116.9. Prior teaching service credit - Back contributions. Any member of the Teachers' Retirement System of Oklahoma, who taught kindergarten on public school property prior to the state- supported kindergarten, and who subsequently taught in the public schools and has met the necessary qualifications, may receive credit in the System for such teaching service by, prior to January 1, 1991, making back contributions of ten percent (10%) of salary plus ten percent (10%) interest to the System as required by the Board of Trustees. Effective January 1, 1991, to receive the credit in the System for such teaching service, the member shall pay the amount determined by the Board of Trustees pursuant to Section 17-116.8 of this title. Added by Laws 1990, c. 340, § 31, eff. July 1, 1990. Amended by Laws 2019, c. 268, § 5, eff. July 1, 2019. §70-17-116.10. Postretirement employment - Eligibility for continued benefits. A. Subject to the requirements of Section 6-101.2 of this title and any other applicable requirements of law, a member may enter into postretirement employment with a public school of Oklahoma and still receive monthly retirement benefits subject to the following limitations: 1. A retired member is not eligible to be employed by the public schools of Oklahoma, in any capacity, for sixty (60) calendar days between the retiree’s last day of preretirement public education employment and any postretirement public education employment. For purposes of this section, the term “last day of preretirement employment” shall mean the last day the employee is required to be physically present on the job to complete the terms of the employment contract or agreement or the member’s effective retirement date, whichever is later. An employee on paid leave is still considered to be employed for purposes of this section. Employment under any conditions during this time, volunteer services for the purpose of obtaining a paid position at a later date, or payment at a later time for services performed during this time period shall cause the forfeiture of all retirement benefits received during the period; 2. For thirty-six (36) months following a member’s effective retirement date, the retired member shall be subject to earnings limitations on allowable earnings. Earnings limits are determined annually based on a calendar year. For retired members under the age of sixty-two (62) years, allowed earnings from the public schools of Oklahoma for employment for the performance of duties ordinarily performed by classified or nonclassified optional personnel shall be limited to one-half (1/2) of the member’s final average salary used in computing retirement benefits or the earnings limit allowed by the Social Security Administration for those under Social Security’s normal retirement age, whichever is less. For retired members sixty-two (62) years of age or older, allowed earnings from the public schools of Oklahoma for the performance of duties ordinarily performed by classified or nonclassified personnel shall be limited to Thirty Thousand Dollars ($30,000.00) or one-half (1/2) of the member’s final average salary used in computing retirement benefits, whichever is less. For purposes of this paragraph, the following shall apply: a. earnings shall mean regular annual compensation as defined in paragraph 23 of Section 17-101 of this title, and shall include any payment by a public school for services rendered by a retired member who is employed for any purpose whatsoever. Supplemental retirement payments paid by a former public school employer pursuant to subsection N of Section 17-105 of this title or other state law shall not be considered as earnings, b. the earnings limit for the calendar year in which a member retires shall be one-twelfth (1/12) of the annual limit multiplied by the number of months the member is eligible to work and receive payments from the public schools of Oklahoma, and c. earnings in excess of the maximum limit on allowed earnings from public schools of Oklahoma shall result in a loss of retirement benefits of One Dollar ($1.00) for each One Dollar ($1.00) earned over the maximum allowed earnings amount; 3. Notwithstanding paragraph 2 of this subsection, for a period of three (3) years beginning July 1, 2017, members who have retired as of July 1, 2017, as active classroom teachers, who have been retired and receiving a benefit for at least one (1) year, and who have not been employed by any public school during that one-year period, shall be eligible to be reemployed as an active classroom teacher in common or career tech school districts, with no limitations on earnings. For a period of three (3) years beginning July 1, 2021, members who have retired as of July 1, 2020, who have been retired and receiving a benefit for at least one (1) year, and who have not been employed by any public school during that one-year period, shall be eligible to be reemployed as an active classroom teacher in common or career tech school districts, with no limitations on earnings. The one-year period starts with the retiree’s last day of preretirement public education employment. Members returning under this section shall not be subject to any earnings limitations following the end of the three-year periods described in this paragraph. Members returning under this section shall only be employed pursuant to a temporary contract; and 4. A member shall be considered to be employed by a school district to perform the duties ordinarily performed by classified or nonclassified optional personnel if the member is hired by the school district in the member’s individual capacity to perform the duties or if the member performs the duties through employment with a proprietorship, partnership, corporation, limited liability company or partnership, or any other business structure that has agreed or contracted to provide the services to the school district. B. A public school district that employs a retired member shall be required to make contributions to the System for the retired member in an amount as required in Section 17-108.1 and in paragraph 3 of subsection B of Section 17-116.2 of this title. C. For purposes of this section, postretirement employment of less than one thousand (1,000) hours per year with the Governor, the Oklahoma State Senate, the Oklahoma House of Representatives or the Legislative Service Bureau shall not be considered as postretirement employment with a public school of Oklahoma. D. The Board of Trustees of the Teachers’ Retirement System of Oklahoma shall promulgate such rules as are necessary to implement the provisions of this section. E. A member who has entered into postretirement employment with a participating employer of the Teachers’ Retirement System of Oklahoma must fully comply with all the provisions of the rules promulgated by the Board of Trustees pursuant to this section in order to continue receiving the member’s monthly retirement benefit. Added by Laws 1993, c. 290, § 1, eff. July 1, 1993. Amended by Laws 1994, c. 319, § 4, eff. Sept. 1, 1994; Laws 1995, c. 295, § 3, eff. July 1, 1995; Laws 1997, c. 185, § 1, eff. July 1, 1997; Laws 1999, c. 411, § 1, eff. July 1, 1999; Laws 2002, c. 180, § 1, eff. July 1, 2002; Laws 2003, c. 198, § 1; Laws 2004, c. 315, § 4, eff. July 1, 2004; Laws 2008, c. 270, § 1, eff. July 1, 2008; Laws 2011, c. 271, § 1, eff. July 1, 2012; Laws 2013, c. 101, § 4, eff. Nov. 1, 2013; Laws 2017, c. 270, § 2, eff. July 1, 2017; Laws 2021, c. 401, § 1, eff. July 1, 2021; Laws 2024, c. 300, § 9, eff. July 1, 2024. §70-17-116.11. Repealed by Laws 1998, c. 256, § 11, eff. July 1, 1998. §70-17-116.12. Reduction-in-force termination credit. A. A member of the Teachers' Retirement System of Oklahoma who has ten (10) or more years of full-time-equivalent employment with a participating employer, and who is terminated by a state agency or other state governmental entity because the member's position is eliminated through a reduction-in-force after July 1, 1998, and is within three (3) years of retirement as prescribed in Section 17-105 of Title 70 of the Oklahoma Statutes, may purchase termination credit of a period not to exceed the lesser of three (3) years or the number of years or months or both years and months required in order for the member to reach normal retirement date in the same period of time and with the same service credit which would have otherwise accrued if the termination had not occurred. B. In order to receive the termination credit authorized by this section, the member shall be required to file an election with the System indicating an intent to purchase the credit. The member shall have a period of six (6) months from the date the member is terminated as described in subsection A of this section within which to file the election. C. To purchase the termination credit, the member shall be required to make payment to the System of an amount equal to both the employer and employee contributions which would have been paid to the System based upon the maximum compensation level as defined in subsection (28) of Section 17-101 of Title 70 of the Oklahoma Statutes, which was received by the member in the last full month that the member was employed by the state agency or other state governmental entity multiplied by the number of months required in order for the combination of the participating service and member's age to equal the amount required for the member to reach normal retirement date with an unreduced benefit as if the member had not been terminated. D. The member must make full payment to the System of all required contribution amounts within sixty (60) days of filing the election to purchase the credit. The member must vest his or her benefits with a declared future retirement date as of the first month the member is eligible for normal retirement. Failure to make the full payment to the System of the required contribution amounts, for any reason, within the time prescribed, shall result in cancellation of the election provided pursuant to this section, and return of the purchase amount tendered, without interest. E. Purchased termination credit may only be used as service credit to qualify the member for normal retirement. F. If the member chooses to retire at any time prior to the member's normal retirement date or returns to employment with a participating employer of the System at any time prior to retirement, the purchase of termination credit pursuant to this section shall be void, and the System will return the purchase amount tendered, without interest. G. In the event of the death of the member prior to retirement, the member's spouse, if otherwise eligible for benefits pursuant to Section 17-105 of Title 70 of the Oklahoma Statutes, may elect to receive benefits which include the termination credit on the member's declared future retirement date, or may elect to receive a return of the purchase amount tendered, without interest. Added by Laws 1998, c. 256, § 9, eff. July 1, 1998. §70-17-116.13. Calculation of retirement allowance - Increase in benefits. A. Beginning July 1, 1998, a classified member who retired prior to July 1, 1997, shall have the member's retirement allowance calculated on the member's current average salary plus One Thousand Four Hundred Dollars ($1,400.00). B. Beginning July 1, 1998, a nonclassified member who retired prior to July 1, 1997, shall have the member's retirement allowance calculated on the member's current average salary plus Seven Hundred Dollars ($700.00). C. Beginning July 1, 1998, those individuals receiving benefits pursuant to subsection (3) of Section 17-105 of this title whose benefits commenced prior to July 1, 1997, shall receive an increase in benefits of five and four-tenths percent (5.4%). Added by Laws 1998, c. 317, § 8, eff. July 1, 1998. Amended by Laws 1998, c. 363, § 1, eff. July 1, 1998; Laws 1999, c. 151, § 1, eff. July 1, 1999. NOTE: Editorially renumbered from § 17-116.12 of this title to avoid a duplication in numbering. §70-17-116.14. Repealed by Laws 1999, c. 254, § 11, emerg. eff. June 30, 1999. §70-17-116.15. Transferred employees of George Nigh Rehabilitation Institute - Election to become members of Teachers’ Retirement System of Oklahoma. A. An employee transferred pursuant to the provisions of Section 3 of this act may elect to become a member of the Teachers’ Retirement System of Oklahoma pursuant to the election authorized by subsection A of Section 3 of this act. If the employee makes an election to become a member of the Teachers’ Retirement System of Oklahoma, the employee may acquire service credit in the Teachers’ Retirement System pursuant to the provisions of Section 17-116.2 of Title 70 of the Oklahoma Statutes. B. On and after the date that an employee makes an election to become a member of the Teachers’ Retirement System pursuant to subsection A of Section 3 of this act, the employer to which the employee is transferred shall make required contributions pursuant to Section 17-108.1 of Title 70 of the Oklahoma Statutes and the employee shall make required contributions imposed pursuant to Section 17-116.2 of Title 70 of the Oklahoma Statutes. C. On and after the date that an employee files the election to become a member of the Teachers’ Retirement System, the employer to which the employee is transferred and the employee making the election shall be subject to all requirements of the provisions of Sections 17-101 et seq. of Title 70 of the Oklahoma Statutes governing the Teachers’ Retirement System of Oklahoma. Added by Laws 1999, c. 347, § 5, eff. July 1, 1999. §70-17-116.16. Credit for employment in adjunct position. Effective July 1, 2000, a member of the Teachers’ Retirement System of Oklahoma who was employed in an adjunct position in an institution under The Oklahoma State System of Higher Education prior to becoming a member of the System, may purchase a maximum of five (5) years of credit for such employment, pursuant to this section. One (1) year of service credit may be purchased for any school year in which the member worked eighteen (18) credit hours or more in such an adjunct position. The purchase of service credit shall be made pursuant to Section 17-116.8 of Title 70 of the Oklahoma Statutes and shall be considered contributing service for purposes of vesting and retirement. The Board of Trustees shall promulgate such rules as are necessary to implement the provisions of this section. Added by Laws 2000, c. 182, § 1, eff. July 1, 2000. §70-17-116.17. Benefit calculations and increase. A. Beginning July 1, 2000, a classified member who retired prior to July 1, 1999, who continues to receive benefits on or after July 1, 2000, shall have the member’s retirement allowance calculated on the member’s current average salary plus Five Hundred Dollars ($500.00). B. Beginning July 1, 2000, a nonclassified member who retired prior to July 1, 1999, who continues to receive benefits on or after July 1, 2000, shall have the member’s retirement allowance calculated on the member’s current average salary plus Two Hundred Fifty Dollars ($250.00). C. Beginning July 1, 2000, those individuals receiving benefits pursuant to subsection (3) of Section 17-105 of Title 70 of the Oklahoma Statutes whose benefits commenced prior to July 1, 1999, shall receive an increase in benefits of one and eight-tenths percent (1.8%). Added by Laws 2000, c. 377, § 11, eff. July 1, 2000. NOTE: Editorially renumbered from § 17-116.4 of this title to avoid a duplication in numbering. §70-17-116.18. Increase in benefits. A. Any person receiving retirement benefits from the Teachers’ Retirement System of Oklahoma as of June 30, 2001, who continues to receive benefits on or after July 1, 2002, shall, beginning in July 2002, receive an increase in retirement benefits equal to three percent (3%). B. Such persons who are otherwise eligible for the benefit increase in subsection A of this section, who retired from the system with thirty (30) years of credited service, shall receive, in lieu of the benefit increase in subsection A of this section, an increase in retirement benefits equal to four percent (4%) beginning in July 2002. Added by Laws 2002, c. 479, § 1, eff. July 1, 2002. §70-17-116.19. Teacher's Retirement System - Increase in benefits. A. Beginning July 1, 2004, any person receiving benefits from the Teacher’s Retirement System of Oklahoma as of June 30, 2003, who continues to receive benefits on or after July 1, 2004, shall receive a percentage increase in said benefits on July 1, 2004, as follows: Years of Service Monthly Benefit of the Retired Member as of June 30, 2004 Benefit Increase 20 years or more Less than $1,500.00 4.5% $1,500.00 to $2,500.00 4.0% Over $2,500.00 3.5% 15 to 19 years Less than $1,000.00 4.0% $1,000.00 to $2,000.00 3.5% Greater than $2,000.00 3.0% Less than 15 years Less than $801.00 3.5% $801.00 to $1,499.99 3.0% $1,500.00 or greater 2.5% B. Beginning in July 2004, those individuals receiving benefits pursuant to subsection (3) of Section 17-105 of Title 70 of the Oklahoma Statutes whose benefits commenced prior to July 1, 2003, shall receive an increase in benefits of four percent (4%). Added by Laws 2004, c. 536, § 20, eff. July 1, 2004. §70-17-116.20. Increase in benefits - July 1, 2006. A. Any person receiving benefits from the Teachers’ Retirement System of Oklahoma as of June 30, 2005, other than those benefits specified in subsection B of this section, who continues to receive benefits on or after July 1, 2006, shall receive a two-percent increase in said benefits beginning in July 2006. B. Any person receiving benefits pursuant to subsection (3) of Section 17-105 of Title 70 of the Oklahoma Statutes whose benefits commenced prior to July 1, 2005, and who continues to receive benefits on or after July 1, 2006, shall receive a two-percent increase in said benefits beginning in July 2006. Added by Laws 2006, 2nd Ex. Sess., c. 46, § 9, eff. July 1, 2006. §70-17-116.21. Increase in benefits - July 1, 2008. A. Any person receiving benefits from the Teachers’ Retirement System of Oklahoma as of June 30, 2007, other than those benefits specified in subsection B of this section, who continues to receive benefits on or after July 1, 2008, shall receive a two-percent increase in said benefits beginning in July 2008. B. Any person receiving benefits pursuant to subsection (3) of Section 17-105 of Title 70 of the Oklahoma Statutes whose benefits commenced prior to July 1, 2007, and who continues to receive benefits on or after July 1, 2008, shall receive a two-percent increase in said benefits beginning in July 2008. Added by Laws 2008, c. 415, § 5, eff. July 1, 2008. §70-17-116.22. Increase in benefits - July 1, 2020 - Offset. A. Any person receiving benefits from the Teachers' Retirement System of Oklahoma as of June 30, 2019, other than those benefits specified in subsection B of this section, who continues to receive benefits on or after July 1, 2020, shall receive an increase in benefits as follows: 1. Zero percent (0%) if the person has been retired for less than two (2) years as of July 1, 2020; 2. Two percent (2%) if the person has been retired for at least two (2) years but less than five (5) years as of July 1, 2020; and 3. Four percent (4%) if the person has been retired for five (5) years or more as of July 1, 2020. B. Any person receiving benefits pursuant to subsection (3) of Section 17-105 of Title 70 of the Oklahoma Statutes whose benefits commenced prior to July 1, 2020, and who continues to receive benefits on or after July 1, 2020, shall receive an increase in benefits as follows: 1. Zero percent (0%) if the person has been retired for less than two (2) years as of July 1, 2020; 2. Two percent (2%) if the person has been retired for at least two (2) years but less than five (5) years as of July 1, 2020; and 3. Four percent (4%) if the person has been retired for five (5) years or more as of July 1, 2020. Added by Laws 2020, c. 121, § 6, eff. July 1, 2020. §70-17-117. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. §70-17-118. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980. §70-17-119. Repealed by Laws 1989, c. 154, § 2, operative July 1, 1989. §70-17-120. Submission of contributions. The employer of each member shall submit all required school reports and all employer and employee contributions of each member due the Retirement System for payroll periods ending during the calendar month within ten (10) days of the last day of each calendar month. Any required school reports and employer and employee contribution amounts not submitted to the Retirement System after thirty (30) days from the end of the payroll month shall be subject to a monthly late charge of one and one-half percent (1 1/2%) of the unpaid balance to be paid by the employer to the Retirement System compounding monthly for each month payment is not received. The System may waive late fees for good cause shown. Added by Laws 1992, c. 376, § 11, eff. July 1, 1992. Amended by Laws 2011, c. 290, § 2; Laws 2016, c. 129, § 5, eff. Nov. 1, 2016; Laws 2019, c. 268, § 6, eff. July 1, 2019. §70-17-121. Oklahoma Teachers' Deferred Savings Incentive Plan. A. Effective July 1, 1999, for each active contributing member of the Teachers' Retirement System of Oklahoma, who is making contributions of at least Twenty-five Dollars ($25.00) per month to a plan account maintained by the Teachers' Retirement System of Oklahoma pursuant to Section 403(b) of Title 26 of the United States Code, 26 U.S.C. Section 403(b), the Teachers' Retirement System shall pay each month from funds appropriated to the Oklahoma Teachers' Deferred Savings Incentive Plan Fund created pursuant to this section the sum of Twenty-five Dollars ($25.00) to a plan established pursuant to the Internal Revenue Code, Section 401(a), for the benefit of the participant. B. If monies in the Oklahoma Teachers' Deferred Savings Incentive Plan Fund are insufficient to fully fund the contributions in any month, payments shall be suspended until such time as sufficient monies are available. C. The Teachers' Retirement System shall be responsible for establishing rules and plan documents for administration of the contributions authorized by this section. Funds so credited shall be held and invested in the same manner as funds managed in accounts of members contributing to an account established pursuant to Section 403(b) of the Internal Revenue Code of 1986, as amended. D. There is hereby created in the State Treasury a revolving fund to be designated the "Oklahoma Teachers' Deferred Savings Incentive Plan Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies the Legislature may appropriate or transfer to the fund and any monies contributed for the fund from any other sources, public or private. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Teachers' Retirement System of Oklahoma for the matching of deferred compensation contributions pursuant to this section and in accordance with rules promulgated by the Teachers' Retirement System of Oklahoma. Expenditures from the fund shall be made by warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. Added by Laws 1999, c. 179, § 1, eff. July 1, 1999. Amended by Laws 2012, c. 304, § 607. §70-17-122. Participation in retired teachers' organization. When a member of the Teachers’ Retirement System of Oklahoma makes an application to retire, the System shall provide to such member an application to participate in a retired teachers’ organization along with a form allowing the member to elect to have annual membership dues in a retired teachers’ organization prorated and authorizing the System to withhold such dues monthly from the member’s retirement benefits. Any retired teachers’ organization which wants to participate, pursuant to this section, or to participate in a general mailing to all retired educators, with the approval of the Board of Trustees of the Teachers’ Retirement System, shall provide to the System and pay for the cost, including postage costs if required by the Teachers’ Retirement System, of printed materials and of the applications to be a member of the organization and the forms authorizing the System to withhold membership dues of the organization. The Board of Trustees shall approve the format and content of the authorization to make sure it complies with all relevant legal requirements. The System shall not be held responsible or liable for not providing the application to be a member of a participating retired teachers’ organization or the authorization form if such organization does not timely provide to the System such materials and applications and approved authorization forms in sufficient quantities to meet the retirement application demands of the retiring members. Added by Laws 2003, c. 243, § 1, eff. July 1, 2003. §70-17-122.1. Qualification as retired teachers' organization. To qualify as a retired teachers’ organization pursuant to Section 17-122 of this title, the organization shall be primarily organized for the purpose of representing the interests of retired teachers in this state and providing member benefits. Added by Laws 2003, c. 243, § 2, eff. July 1, 2003. Amended by Laws 2009, c. 34, § 1, eff. Nov. 1, 2009. §70-17-201. Alternate Retirement Plan for Comprehensive Universities Act - Short title. Sections 1 through 8 of this act shall be known and may be cited as the “Alternate Retirement Plan for Comprehensive Universities Act”. Added by Laws 2004, c. 385, § 1, eff. July 1, 2004. §70-17-202. Definitions. The following words and phrases as used in this act shall have the following meanings unless a different meaning is clearly required by the context: 1. "Participating institution" means only the entities that comprise a comprehensive university pursuant to Section 17-101 of this title and which: a. maintain an alternate retirement plan pursuant to the provisions of this act, and b. employ eligible employees; 2. "Alternate retirement plan" means any employee retirement plan that is created solely to provide benefits for eligible employees, as defined in this section, for periods of service on or after July 1, 2004. Such retirement plan shall be a plan meeting the requirements of Section 401(a) of the Internal Revenue Code of 1986, as amended, operated pursuant to the provisions of this act; 3. "Board of regents" means the board or body designated by the Oklahoma Constitution or by this title as the board of regents or governing board of a comprehensive university that is a participating institution; 4. "Eligible employee" means any employee of a participating institution who (a) was initially appointed or hired after June 30, 2004, and (b) meets the eligibility requirements of the alternate retirement plan of the participating institution that employs the eligible employee. However, the term "eligible employee" does not include a person whose employment is incidental to his or her educational program or whose employment is not continuous. Such eligible employees shall be eligible to participate in the alternate retirement plan if they make a one-time irrevocable written election pursuant to this act; and 5. "One-time irrevocable written election" means a one-time election made pursuant to this act by an eligible employee that shall be in writing and irrevocable and shall cover all future service with a participating institution regardless of a break in service. Added by Laws 2004, c. 385, § 2, eff. July 1, 2004. Amended by Laws 2017, c. 285, § 1, eff. Nov. 1, 2017. §70-17-203. Alternative retirement plans authorized - Permitted investments. Alternate retirement plans for eligible employees are hereby authorized at participating institutions in lieu of the retirement plan offered by the Teachers' Retirement System of Oklahoma. Alternate retirement plans shall, for eligible employees, provide retirement and death benefits to such employees through the purchase of annuity contracts, qualified retirement trusts or custodial accounts, fixed or variable in nature, or a combination thereof, at the option of the participating institution. Added by Laws 2004, c. 385, § 3, eff. July 1, 2004. Amended by Laws 2017, c. 285, § 2, eff. Nov. 1, 2017. §70-17-204. Board of regents - Establishment and administration of alternative retirement plan. A. On or before June 30, 2005, the Board of Regents of a participating institution may establish an alternate retirement plan pursuant to the provisions of this act, for the entities under the jurisdiction of such Board of Regents, for eligible employees in lieu of membership in the Teachers' Retirement System of Oklahoma. The Board of Regents of the applicable participating institution shall determine the terms and conditions of the alternate retirement plan including, by example, terms for eligibility, contributions, vesting and the amount of benefits, and provide for the administration of such an alternate retirement plan and perform or authorize the performance of such functions as may be necessary for such purpose in accordance with this act. B. The Board of Regents shall select the company or companies that shall administer the qualified retirement trust, custodial accounts or from which annuity contracts are to be purchased under the alternate retirement plan and shall approve the form and content of all agreements governing such trusts, accounts or contracts. C. The Board of Regents of the participating institutions may delegate certain responsibilities for administering the alternate retirement plan with respect to each institution's own employees. Added by Laws 2004, c. 385, § 4, eff. July 1, 2004. Amended by Laws 2017, c. 285, § 3, eff. Nov. 1, 2017. §70-17-205. Designation of one or more companies to provide for funding of alternative retirement plan. Each Board of Regents which establishes an alternate retirement plan shall designate one or more companies to provide for the funding of alternate retirement plan benefits through the purchase of annuity contracts, qualified retirement trusts or custodial accounts. Added by Laws 2004, c. 385, § 5, eff. July 1, 2004. §70-17-206. Election to participate in alternative retirement plan or Teachers Retirement Plan System of Oklahoma. A. An eligible employee shall have thirty (30) days from such eligible employee's initial date of hire or the date the alternate retirement plan is adopted by the participating institution, whichever is later, to make a one-time irrevocable written election to participate in the alternate retirement plan or the Teachers' Retirement System of Oklahoma. If an eligible employee fails to make an election within the thirty-day period such eligible employee shall participate in the Teachers' Retirement System of Oklahoma. If an eligible employee makes the election to participate in the alternate retirement plan such eligible employee shall not participate in the Teachers' Retirement System of Oklahoma nor make employee contributions to the Teachers' Retirement System of Oklahoma and the participating institution shall not make employer contributions to the Teachers' Retirement System of Oklahoma except as otherwise required by Section 17-201 et seq. of this title. If an eligible employee elects to participate in the Teachers' Retirement System of Oklahoma, then the eligible employee shall make employee contributions to the Teachers' Retirement System of Oklahoma and the participating institution shall pay the employer contributions of such eligible employee to the Teachers' Retirement System of Oklahoma for the month that the eligible employee was hired through the month that the election is made and as long as the eligible employee participates in the Teachers' Retirement System of Oklahoma. B. An eligible employee who elects to participate in the alternate retirement plan shall be ineligible for participation in the Teachers' Retirement System of Oklahoma. Ineligibility to participate in the Teachers' Retirement System of Oklahoma shall continue so long as such eligible employee remains employed by a participating institution. If such eligible employee assumes a different position, which is governed by a state retirement system other than the alternate retirement plan authorized in Section 17- 201 et seq. of this title, the eligible employee shall be subject to the retirement system rules applicable to that new position. However, such eligible employee shall not be eligible for service credit in the Teachers' Retirement System of Oklahoma for service performed while participating in an alternate retirement plan. Added by Laws 2004, c. 385, § 6, eff. July 1, 2004. Amended by Laws 2017, c. 285, § 4, eff. Nov. 1, 2017. §70-17-207. Initial and additional funding surcharges - Benefits not considered salary, fringe benefits or compensation - Allocation of assets - Calculation of liability. A. Participating institutions establishing an alternate retirement plan pursuant to this act shall pay an initial funding surcharge, and if applicable an additional funding surcharge to the Teachers’ Retirement System of Oklahoma in an amount to amortize the unfunded accrued liability of the members of the participating institutions in the System. B. The initial funding surcharge is intended to ensure amortization of the unfunded accrued liability of the participating institutions over a period of thirty (30) years or the amortization period of the System. The initial funding surcharge shall equal two and one-half percent (2.5%) of the regular annual compensation of the electing employees and the eligible employees, who are not participating in the System but who would have been mandated to participate in the System under the laws and rules applicable to the System in effect on June 30, 2004. The initial funding surcharge but not the additional funding surcharge, if any, shall remain in effect until the earlier of June 30, 2034, or the June 30th of the year in which the unfunded accrued liability of the participating institutions is reduced to zero. C. In addition to the initial funding surcharge described above, the participating institutions shall pay to the System an additional funding surcharge, if required, in an amount necessary to provide for amortization of the unfunded accrued liability of the participating institutions over the applicable amortization period of thirty (30) years, or the amortization period of the System, if longer. The additional funding surcharge shall be reviewed and adjusted in subsequent years based on changes in the assets and liabilities of the membership in the System of the participating institutions. The additional funding surcharge shall be determined by the Board of Trustees of the System and the participating institutions pursuant to the separate agreement of understanding provided in subsection H of this section. Any change in the additional funding surcharge indicated to be necessary by the annual actuarial valuation shall be adopted by the Board of Trustees of the System provided that such change shall become effective on July 1 of the year following such annual valuation and the participating institutions shall be notified by the System no later than January 1 of such year. Provided, the additional funding surcharge determined for any year shall not be greater than an additional funding surcharge determined under the separate agreement of understanding but using the “individual entry age normal cost method” as described in Revenue Procedure 2000-40, Approval 8, to determine the normal cost/normal cost percentage of the participating institutions. D. Any payments made to the Teachers’ Retirement System of Oklahoma pursuant to this section shall not be considered as salary, fringe benefits or compensation due to the eligible employee or electing employee for the purpose of meeting any legislative or contractual obligation of the employer of such person. E. To determine the amount of assets of the participating institutions at any point in time after June 30, 2003, the participating institutions shall have allocated to such institutions Five Hundred Ninety-two Million Nine Hundred Seventy-four Thousand Two Hundred Sixty-four Dollars ($592,974,264.00) of the assets of the Teachers’ Retirement System of Oklahoma which reflects their portion of assets in the System as of June 30, 2003, plus future employer and employee contributions including service purchases attributable to the participating institutions and its members, nine and forty-one hundredths percent (9.41%) of all federal and state funding received by the System during the applicable year and other assets contributed to the System allocable to the participating institutions subject to the limitations in this subsection, earnings on investments less distributions and expenses allocable to the participating institutions. Provided, the allocation of nine and forty-one hundredths percent (9.41%) of federal and state funding received by the System to the participating institutions shall not exceed the unfunded accrued liability and shall remain in effect until the earlier of June 30, 2034, or when the unfunded accrued liability of the participating institutions is reduced to zero. However, if for any applicable year during the thirty-year amortization period commencing July 1, 2004, there is any unfunded accrued liability allocable to the participating institutions in the System, then the allocable percentage of federal and state funding shall be nine and forty-one hundredths percent (9.41%) but not exceed the unfunded accrued liability. Provided further, after the expiration of such thirty-year amortization period, the allocation of federal and state funding to the participating institutions for any year shall equal the percentage of all such federal and state funding received by the System determined by dividing the actuarial accrued liability of the participating institutions by the actuarial accrued liability of the System, and such methodology to determine such allocation shall be made for all years thereafter. F. After June 30, 2004, the liabilities associated with the members of the participating institutions participating in the Teachers’ Retirement System of Oklahoma shall be determined on a separate basis, reflecting the level of benefits based on the actuarial methods and assumptions used by the System as applied to the participating institutions under this act. G. The actuarial methods and assumptions applicable to the participating institutions in determining an allocable share of assets, liabilities and associated costs as provided in this act shall be reviewed at least every five (5) years. H. The Board of Trustees of the Teachers’ Retirement System of Oklahoma and the participating institutions shall enter into a separate agreement of understanding which details the procedures to be applied to implement the required review and subsequent adjustments to the assets, liabilities and the additional funding surcharge attributable to the participating institutions or the actuarial methods or assumptions applied to determine the appropriate share of assets and liabilities applicable to the participating institutions. Except as otherwise provided in this act, the Board of Trustees of the System shall be the final authority to determine all actuarial methods or assumptions to be used by the System and all such actuarial methods or assumptions shall be applied on a sound actuarial basis and on a uniform, fair and consistent basis which methods and assumptions reflect the actual experience of the members of the participating institutions. Added by Laws 2004, c. 385, § 7, eff. July 1, 2004. §70-17-208. Written acknowledgement that benefits payable under alternate plan not obligation of state or Teachers’ Retirement System of Oklahoma - Responsibility for payment of benefits. All eligible employees participating in the alternate retirement plan shall acknowledge in writing that benefits payable pursuant to such alternate retirement plan are not the obligations of the State of Oklahoma or the Teachers' Retirement System of Oklahoma. The alternate retirement plan shall be solely responsible for payment of retirement, death or other benefits earned under the alternate retirement plan and such benefits shall be paid to the participants or their beneficiaries pursuant to the terms of the alternate retirement plan. Added by Laws 2004, c. 385, § 8, eff. July 1, 2004. Amended by Laws 2017, c. 285, § 5, eff. Nov. 1, 2017. §70-18-1. Repealed by Laws 1965, c. 397, § 21. §70-18-1A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-2. Repealed by Laws 1965, c. 397, § 21. §70-18-2A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-3. Repealed by Laws 1965, c. 397, § 21. §70-18-3A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-4. Repealed by Laws 1965, c. 397, § 21. §70-18-4a. Repealed by Laws 1965, c. 397, § 21. §70-18-5. Repealed by Laws 1965, c. 397, § 21. §70-18-5A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-6. Repealed by Laws 1965, c. 397, § 21. §70-18-6A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-7. Repealed by Laws 1965, c. 397, § 21. §70-18-7A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-8. Repealed by Laws 1951, p. 235, § 34. §70-18-8A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-9. Repealed by Laws 1965, c. 397, § 21. §70-18-9A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-10. Repealed by Laws 1965, c. 397, § 21. §70-18-10A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-11. Repealed by Laws 1965, c. 397, § 21. §70-18-11A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-12. Repealed by Laws 1965, c. 397, § 21. §70-18-12A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-13A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-14A. Repealed by Laws 1971, c. 305, § 24, emerg. eff. June 17, 1971. §70-18-15A. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. NOTE: This section was not specifically repealed; however, identical provisions were enacted in the Oklahoma School Code of 1971. See section 4-103 of Title 70. §70-18-101. Declaration of legislative intent, policies and principles. The Legislature hereby declares that this act is passed for the general improvement of the public schools in the State of Oklahoma; to provide the best possible educational opportunities for every child in Oklahoma; and to have a more beneficial use of public funds expended for education; and this act shall be liberally construed to attain these goals within the purview of the following principles and policies: 1. The education of our children is more than the performance of a duty or act of love. It is these things and also the highest expression of enlightened self-interest by the people of Oklahoma. Education is our finest investment. 2. The system of public schools should be designed to strengthen and encourage local responsibility for control of public education. Local school districts should be so organized, financed and directed that they can provide full educational opportunities for all children. The maximum public autonomy and responsibility for public education should remain with the local school districts and the patrons of such districts. 3. It is the responsibility of the state on behalf of the people of Oklahoma to establish, maintain, and continually improve the public schools of Oklahoma. In furtherance of this responsibility, the people of Oklahoma through the state have the responsibility to support financially the public schools. 4. Effective local control requires that local school districts contribute to the support of school budgets in proportion to their respective abilities. 5. The system of public school support should assure that state and local funds are adequate for the support of a realistic foundation program. It is unrealistic and unfair to the children of the less wealthy districts to provide less state support than is necessary for full educational opportunities. 6. The system of public school support should encourage local school districts to provide and support improved educational programs. 7. The system of public school support should make provisions for the apportionment of state funds to local school districts on a strictly objective basis that can be computed as well by the local districts as by the state. 8. The system of public school support should effect a partnership between the state and each local district, with each participating in accordance with its relative ability. The respective abilities should be combined to provide a financial plan between the state and the local school district that will assure full educational opportunities for every child in Oklahoma. 9. State support should be extended to all local districts regardless of wealth, for this not only develops a sense of broader responsibility, but also creates flexibility taxwise permitting the exercise of local initiative. State support should, to assure equal educational opportunity, provide for as large a measure of equalization as possible among districts. The taxing power of the state should be utilized to raise the level of educational opportunity in the financially weakest districts of the state. 10. The system of public school support should provide for an equitable system of state and local sharing in the foundation program. The degree of local sharing should be based, as nearly as possible, on the true ability of the local district, so that each may contribute uniformly to the foundation program. Added by Laws 1971, c. 305, § 1, emerg. eff. June 17, 1971. §70-18-102. Repealed by Laws 1998, c. 140, § 1, eff. Nov. 1, 1998. §70-18-103. Appropriations. There shall be apportioned and disbursed annually by the State Board of Education, from appropriations made by the Legislature for this purpose and from funds derived from other sources provided by law for this purpose, to the several school districts of the state, such sums of money as each school district may be qualified to receive under the provisions of this article. The methods of apportionment and disbursements contained herein shall remain in force until the same are amended or repealed by the Legislature. The State Board of Education will furnish the Legislature each year the recommended use of any new educational funds, listing priorities and percentage of new funds recommended for each priority item listed. Added by Laws 1971, c. 305, § 3, emerg. eff. June 17, 1971. §70-18-103.1. Repealed by Laws 2003, c. 415, § 46, eff. July 1, 2003. §70-18-104. Purpose of funds - Federal funds. A. The funds apportioned and disbursed to the several school districts of the state shall be for the purpose of aiding each school district receiving the same to finance its school budget for each fiscal year. The State Board of Education shall notify the county clerk, the board of education, superintendent of each school district and the school district treasurer of the tentative amount said district is to receive from the funds apportioned under the provisions of this article and disbursed according to the provisions hereof. After such allocation of State Aid has been made by the State Board of Education and certified to the treasurer of the school district and district superintendent of schools, such aid may be included as probable income by the board of education in its Estimate of Needs and Financial Statement as submitted to the county excise board, and said excise board shall include such amount in the approved appropriations, and in addition thereto any federal aid certified or allocated by the State Board of Education shall be included in the appropriation made by the excise board if requested by the board of education; provided, no such federal aid estimate shall be used in any way to reduce the State Foundation Aid or Incentive Aid for such school district or sustain a protest for the reduction of a tax levy. If such allocation of aid is not included in the board of education’s estimate of needs, it shall be added by the county clerk to the items of appropriation designated by the board of education of the school district. Funds received under the provisions of this article shall be deposited in the general fund of such school district. Provided, funds received from the federal government for current expense purposes shall likewise be added to the appropriation of the general fund if so designated by the board of education of such school district. Provided, further, that the board of education of a school district may enter into agreements with federal agencies for educational projects and programs to be maintained in such districts; and federal funds received by the district in pursuance thereof shall, consistent with the agreement and requirements of the federal agency, be kept, administered and disbursed in such manner as may be prescribed by rules and regulations of the board of education. B. If the State Board of Education should ascertain that allocation of State Aid to any school district has so changed as to reduce its State Aid, then the State Board of Education shall forthwith notify the district superintendent, the clerk of the board of education, and the treasurer thereof, as to the amount of reduction in the allocation of State Aid. If there has been an overpayment the same shall be returned to the State Treasurer and credited to a refund account which shall be available for further payment of State Aid. Whenever it becomes necessary for a school district to refund any overpayment of monies previously received, the school district shall issue such warrant against a properly approved encumbrance in the manner provided by law. Such claim or encumbrance shall be coded as a refund of prior revenue and paid from the current expense appropriation of the general fund or such other fund or account from which such refund may properly be paid by the school district. Added by Laws 1971, c. 305, § 4, emerg. eff. June 17, 1971. Amended by Laws 1988, c. 90, § 22, operative July 1, 1988; Laws 1993, c. 239, § 47, eff. July 1, 1993; Laws 2003, c. 434, § 15; Laws 2004, c. 447, § 19, emerg. eff. June 4, 2004. §70-18-105. Director of the Office of Management and Enterprise Services - Copy of apportionments. The State Board of Education shall furnish the Director of the Office of Management and Enterprise Services with a copy of the apportionments made from the funds appropriated for each fiscal year to each of the several school districts of the state, and warrants shall be drawn by the State Treasurer against appropriations for each fiscal year in accordance with such apportionments only upon the order of the State Board of Education through the Director of the Office of Management and Enterprise Services. The warrants for the payments to the several school districts of any county shall be forwarded by the State Board of Education through the Director of the Office of Management and Enterprise Services directly to the treasurer of each school district. Added by Laws 1971, c. 305, § 5, emerg. eff. June 17, 1971. Amended by Laws 1979, c. 47, § 75, emerg. eff. April 9, 1979; Laws 2012, c. 304, § 608. §70-18-106. Repealed by Laws 1983, c. 330, § 45, operative July 1, 1983. §70-18-107. Definitions. As used in this title: 1. "Average Daily Attendance" (ADA) means the legal average number of pupils, early childhood education programs through grade twelve, in a school district during a school year as determined pursuant to the provisions of Section 18-111 of this title. A day of school for early childhood education programs and kindergarten shall be at least two and one-half (2 1/2) hours and, for early childhood education, may be six (6) hours. 2. "Average Daily Membership" (ADM) means the average number of pupils present and absent in a school district during a school year. Average Daily Membership shall be calculated by dividing the sum of the pupil's total days present and total days absent by the number of days taught. a. A pupil who has been absent without excuse ten (10) consecutive days shall be taken off the roll beginning the eleventh day and thereafter shall not be considered in a district's average daily membership calculation until the pupil is placed on the roll in the district. For the purpose of this paragraph, consecutive days means days for which enrollment is recorded. b. A pupil enrolled in a statewide virtual charter school who is behind pace and has not completed instructional activity as defined by Section 3-145.8 of this title for a fifteen-school-day period, without excuse as authorized by Section 10-105 of this title, shall be taken off the roll beginning the sixteenth day and thereafter shall not be considered in the virtual charter school's Average Daily Membership calculation until the pupil is placed on the roll in the virtual charter school. 3. "Total Adjusted Assessed Valuation" means the sum of public service property assessed valuation, personal property assessed valuation and real property assessed valuation as adjusted pursuant to the provisions of Section 18-109.1 of this title. 4. "Eighty-five percent (85%) of maximum allowable", for the purpose of assessing class size penalty pursuant to Sections 18- 113.1 and 18-113.2 of this title, means eighty-five percent (85%) of ten percent (10%) of the preceding year's net assessed valuation of a school district. The calculation of indebtedness as provided for in paragraph a of subsection G of Section 18-113.1 and subparagraph a of paragraph 4 of subsection A of Section 18-113.2 of this title shall include the outstanding principal amount of bonds issued by the school district plus the principal amount of any bonds authorized by a vote of the people for issuance but not yet issued by the school district. Added by Laws 1971, c. 305, § 7, emerg. eff. June 17, 1971. Amended by Laws 1981, c. 347, § 14, eff. July 1, 1981; Laws 1983, c. 330, § 11, operative July 1, 1983; Laws 1992, c. 111, § 3, eff. July 1, 1992; Laws 1996, c. 215, § 1, eff. July 1, 1996; Laws 1998, c. 204, § 3, eff. July 1, 1998; Laws 2020, c. 27, § 4, eff. July 1, 2020. §70-18-107.1. Determining financial support to school districts through State Aid Formula - Property included in assessed valuation. Except as provided for in subsection D of Section 18-200 of this title, for the purpose of determining the financial support to school districts through the State Aid Formula, the assessed valuation of a school district shall include the total valuation of property exempt from taxation by virtue of Section 6B of Article X of the Oklahoma Constitution as approved for reimbursement by the Oklahoma Tax Commission pursuant to the provisions of Section 193 of Title 62 of the Oklahoma Statutes. Added by Laws 1992, c. 334, § 43, eff. July 1, 1992. §70-18-108. Free public kindergarten - School district transfer alternative - Exemption. A. It is the intent of the Legislature to provide a free public kindergarten for every five-year-old child in this state. B. Each day during which a child attends a kindergarten for two and one-half (2 1/2) hours or more shall be counted as one hundred percent (100%) of one (1) day of average daily attendance. Each day a kindergarten student is on the membership roll in a school district shall be counted as one hundred percent (100%) of one (1) day of average daily membership. C. It shall be the duty of every school district in this state to provide and offer kindergarten free of tuition for every child residing in the district who attains the age of five (5) years on or before the first day of September during the school year such kindergarten is offered. The duty to provide and offer kindergarten may be satisfied by transferring kindergarten children to other school districts which accept them and provide kindergarten for such children, or by contracting for classroom space with a licensed public or licensed private child care provider based upon selection criteria established by the district. D. A kindergarten program may be offered jointly by school districts that have formed interlocal cooperative agreements pursuant to Section 5-117b of this title. E. Beginning with the 2013-2014 school year, it shall be the duty of every school district in this state to provide and offer a full six-hour day of kindergarten free of tuition for every child residing in the district who attains the age of five (5) years on or before the first day of September during the school year kindergarten is offered. The duty to provide and offer kindergarten may be satisfied by intra-district transfer to a school offering full-day kindergarten, by transferring kindergarten children to other school districts which will accept them and can provide kindergarten for such children, or by contracting for classroom space with a licensed public or licensed private child care provider based upon selection criteria established by the district. A school district shall be exempt from the provisions of this subsection if the school district has voted indebtedness through the issuance of bonds or approval by voters of issuance of new bonds for more than eighty-five percent (85%) of the maximum allowable, pursuant to the provisions of Section 26 of Article X of the Oklahoma Constitution, at any time within the previous five (5) years. F. The requirement to attend kindergarten provided in Section 10-105 of this title may be satisfied by attendance in either a half-day or full-day program. Membership in a kindergarten for either two and one-half (2 1/2) hours or six (6) hours per school day shall be counted as one (1) day for average daily membership purposes. For purposes of State Aid, the pupil grade level weight for a two-and-one-half-hour day of kindergarten shall be 1.3, and for a six-hour full day of kindergarten shall be 1.5. Added by Laws 1971, c. 305, § 8, emerg. eff. June 17, 1971. Amended by Laws 1974, c. 20, § 1, emerg. eff. April 8, 1974; Laws 1981, c. 347, § 22, eff. July 1, 1981; Laws 1994, c. 220, § 3, eff. July 1, 1995; Laws 1999, c. 355, § 1, eff. July 1, 1999; Laws 2000, c. 6, § 19, emerg. eff. March 20, 2000; Laws 2001, c. 201, § 4; Laws 2003, c. 434, § 24; Laws 2005, c. 432, § 9, eff. July 1, 2005; Laws 2011, c. 345, § 1. NOTE: Laws 1999, c. 320, § 53 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000. Laws 2001, c. 5, § 64 repealed by Laws 2001, c. 414, § 15, eff. Aug. 23, 2001. §70-18-109. Repealed by Laws 1981, c. 347, § 50, emerg. eff. July 1, 1981. §70-18-109.1. State Aid Formula - Procedure. The Legislature hereby declares, for the purpose of financial support to school districts through the State Aid Formula, that greater equalization of State Aid to school districts will be attained by the following procedure: 1. For the 1989-90 school year, the real property portion of the valuations for those school districts in counties having an assessment ratio in excess of twelve percent (12%) shall be computed at a twelve percent (12%) assessment ratio to determine chargeable valuations. Beginning with the 1990-91 school year, the real property portion of the valuations for those school districts in counties having an assessment ratio in excess of eleven percent (11%) shall be computed at an eleven percent (11%) assessment ratio to determine chargeable valuations. Beginning with the 1991-92 school year, the commercial personal and agricultural personal property portion of the valuations for those school districts in counties having an assessment ratio in excess of eleven percent (11%) shall be computed at an eleven percent (11%) assessment ratio to determine chargeable valuations. The Oklahoma Tax Commission shall supply to the State Department of Education the information necessary to carry out the provisions of this paragraph. 2. The real property portions of the valuations for those school districts in counties having an actual assessment ratio of less than twelve percent (12%) shall be computed at the actual assessment ratio in effect for the county as determined by the Oklahoma Tax Commission in order to determine chargeable valuations for calculating State Aid to such district if such ratio is at least nine percent (9%) and the county is certified by the Oklahoma Tax Commission to have a verifiable revaluation program using property identification cards for the applicable assessment year. 3. The real property portion of the valuations for those school districts in counties which have an actual assessment ratio of less than twelve percent (12%) and which are not certified by the Oklahoma Tax Commission to have a verifiable revaluation program using property identification cards shall be computed at a twelve percent (12%) assessment ratio to determine chargeable valuations. For each school year, the actual assessment ratio shall be the assessment ratio recommended by the Oklahoma Tax Commission and certified by the State Board of Equalization for the applicable assessment year. 4. The Oklahoma Tax Commission shall certify by October 1, for each applicable assessment year, to the State Superintendent of Public Instruction those counties which have revaluation programs using property identification cards. The Oklahoma Tax Commission shall, as soon as practicable, certify to the State Superintendent of Public Instruction and the district attorney for the applicable county the date as of which a county implements a verifiable revaluation program using property identification cards after October 1 of any year. 5. Any county assessor who fails to have an approved revaluation program using property identification cards shall pay a penalty in the amount of One Hundred Dollars ($100.00) for each calendar day beyond October 1 of any year that the county does not have a verifiable revaluation program using property identification cards. The penalty shall be imposed for each calendar day on and after October 2 of each year until the county implements a verifiable revaluation program using property identification cards; provided, that such penalty shall be collected from any county assessor of a county which did not have a verifiable revaluation program using property identification cards as of October 1, 1985, for each day from and after July 1, 1986, that the applicable county does not have a verifiable revaluation program using property identification cards. 6. Upon receipt of certification by the Oklahoma Tax Commission of the counties having approved revaluation programs, the State Superintendent of Public Instruction shall cause notice to be mailed by return receipt mail to the county assessor, the district attorney, the county treasurer and the superintendent of each school district of any county not included in the certification. 7. The district attorney, upon receipt of the notice provided for in paragraph 6 of this section, shall immediately institute an action to collect the One Hundred Dollar ($100.00) penalty for each day that the county does not have a verifiable revaluation program using property identification cards. The district attorney shall be authorized to institute a single action in district court pursuant to which any amount of penalty may be collected for any day the assessor fails to implement the revaluation program using property identification cards. Any amount of such fine collected shall be deposited in a special account within the county general fund. Such amounts shall be apportioned to the school districts of the county on the basis of the preceding year's average daily attendance. 8. The district attorney shall initiate action for removal of the county assessor from office for malfeasance if the county assessor has not instituted a verifiable revaluation program using property identification cards within thirty (30) days after the district attorney receives notice from the State Superintendent of Public Instruction. Initiation of an action for the removal of the county assessor for malfeasance as required by this section is a mandatory duty of the office of the district attorney. If the district attorney fails to initiate an action within forty (40) days after receipt of the notice from the State Superintendent of Public Instruction, and the county assessor has not implemented a verifiable revaluation program using property identification cards, the district attorney shall pay a penalty of One Hundred Dollars ($100.00) for each day that an action could have been filed for the removal of the county assessor and such action has not been filed or until the county assessor implements the revaluation program using property identification cards. The Attorney General shall initiate an action to collect the penalty from the district attorney pursuant to the authority of Section 18b of Title 74 of the Oklahoma Statutes. All penalties collected pursuant to the provisions of this paragraph shall be deposited in the special account within the county general fund and apportioned to the school districts of the county on the basis of the preceding year's average daily attendance. 9. The notice to the superintendents of the various school districts from the State Superintendent of Public Instruction shall state that the State Aid formula funds computed for such districts based upon the actual assessment ratio valuations in excess of the amount computed upon twelve percent (12%) assessment ratio valuations shall be withheld from distribution to the school district until the office of the county assessor has complied with the requirement of a verifiable revaluation program using property identification cards. Amended by Laws 1982, c. 287, § 7, operative July 1, 1982; Laws 1982, c. 369, § 2, emerg. eff. July 14, 1982; Laws 1983, c. 330, § 12, operative July 1, 1983; Laws 1984, c. 296, § 6, operative July 1, 1984; Laws 1986, c. 259, § 12, operative July 1, 1986; Laws 1989, c. 315, § 49, operative July 1, 1989; Laws 1990, c. 263, § 62, operative July 1, 1990. §70-18-109.2. Repealed by Laws 1989, 1st Ex.Sess., c. 2, § 121, operative July 1, 1990. §70-18-109.3. Repealed by Laws 1989, 1st Ex. Sess., c. 2, § 121, operative July 1, 1990. §70-18-109.4. Repealed by Laws 1989, 1st Ex. Sess., c. 2, § 121, operative July 1, 1990. §70-18-109.5. Definitions. A. As used in Section 18-201.1 of this title: 1. "Visual impairment" means an impairment in vision that, even with correction, adversely affects a child's educational performance. This includes both partial sight and blindness; 2. "Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing or motor disabilities, of intellectual disability, of emotional disturbance or of environmental, cultural or economic disadvantage; 3. "Deafness" means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance; 4. "Economically disadvantaged" means all children who qualify for free or reduced lunches; 5. "Intellectual disability" means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the development period, that adversely affects a child's educational performance; 6. "Emotional disturbance" means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance: a. an inability to learn which cannot be explained by intellectual, sensory or health factors, b. an inability to build or maintain satisfactory interpersonal relationships with peers and teachers, c. inappropriate types of behavior or feelings under normal circumstances, d. a general pervasive mood of unhappiness or depression, or e. a tendency to develop physical symptoms or fears associated with personal or school problems. The term includes children who are schizophrenic. The term does not include children who are socially maladjusted, unless it is determined that they are seriously emotionally disturbed; 7. "Gifted" means identified students as outlined in Section 1210.301 of this title; 8. "Hearing impairment" means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of "deafness"; 9. "Multiple disabilities" means concomitant impairments, such as intellectual disability - blindness or intellectual disability - orthopedic impairment, the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. The term does not include deaf-blindness; 10. "Orthopedic impairment" means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease such as poliomyelitis and bone tuberculosis, and impairments from other causes such as cerebral palsy, amputations and fractures or burns that cause contractures; 11. "Other health impairment" means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment that adversely affects a child's educational performance and is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia and Tourette syndrome; 12. "Speech or language impairment" means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child's educational performance; 13. "Deaf-blindness" means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that they cannot be accommodated in special education programs solely for children with deafness or children with blindness; 14. "Autism" means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three (3), that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. Autism does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in this subsection; 15. "Traumatic brain injury" means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem- solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative or to brain injuries induced by birth trauma; 16. "Bilingual" means those students who have limited English speaking abilities or who come from homes where English is not the dominant language as reported on the current year application for accreditation; 17. "Special Education Summer Program" means those summer school programs which school districts may provide for children who are severely or profoundly multiple-handicapped if their individualized education program states the need for a continuing educational experience to prevent loss of educational achievement or basic life skills. Any school district receiving funds for such special education summer programs shall provide services as provided in Section 13-101 of this title; and 18. "Optional Extended School Year Program" means the program defined in Section 1-109.1 of this title. B. The State Board of Education is hereby authorized to modify and redefine by rule the definitions set out in this section whenever such modification is required to receive federal assistance therefor. Added by Laws 1981, c. 347, § 18, emerg. eff. July 1, 1981. Amended by Laws 1982, c. 287, § 10, operative July 1, 1982; Laws 1989, 1st Ex. Sess., c. 2, § 109, emerg. eff. April 25, 1990; Laws 1998, c. 246, § 33, eff. Nov. 1, 1998; Laws 2000, c. 308, § 3, eff. July 1, 2000; Laws 2018, c. 228, § 1, eff. July 1, 2018. §70-18-109.6. Pupil grade level weights - Midterm supplements - Review and recommendations - Report. A. The State Board of Education shall review the pupil grade level weights, district weights and pupil category weights which form a part of the school funding formula using the results of the educational cost accounting system now in place and shall make recommendations for revisions to such weights to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate on or before April 1, 1991. B. The recommendations of the State Board of Education required by subsection A of this section shall take into consideration the findings and recommendations of the report of the Special Joint Committee on School Finance, created pursuant to Section 45 of Enrolled House Bill No. 1035 of the 1st Session of the 40th Oklahoma Legislature, in addition to any other information the Board determines relevant to such review. The Board is directed to pay particular attention to a review of the pupil category weights, and should determine whether the creation of other weights is warranted. C. In addition to the review and recommendations required by subsection A of this section, the State Board of Education shall review that part of the State Aid formula which provides for a midterm supplement in State Aid to school districts. The Board shall make recommendations in a report regarding revisions to or elimination of the provisions for such supplement to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate on or before September 1, 1990. On or before September 1, 1990, the Board shall send a copy of the report to the administrator of each school site in the state. Added by Laws 1989, 1st Ex.Sess., c. 2, § 60, emerg. eff. April 25, 1990. Amended by Laws 1990, c. 263, § 73, operative July 1, 1990. §70-18-109.7. Common School Fund. A. Pursuant to Section 12a of Article X of the Oklahoma Constitution, there is hereby created in the State Treasury a fund to be designated as the "Common School Fund". Monies from this fund shall be apportioned by the State Treasurer for distribution as provided for by the Legislature through the State Aid Formula for the benefit of the common schools of this state. B. Beginning January 1, 1991, taxes collected on public service corporation property for the benefit of the common schools pursuant to paragraph 2 of subsection B of Section 12a of Article X of the Oklahoma Constitution, except that portion of such taxes collected for the benefit of school districts in this state pursuant to Section 26 of Article X of the Oklahoma Constitution and that portion of such taxes collected for purposes of raising money for a building fund for a school district pursuant to Section 9 of Article X of the Oklahoma Constitution, and taxes collected on locally assessed commercial/industrial real and personal property for the benefit of the common schools pursuant to paragraph 2 of subsection C of Section 12a of Article X of the Oklahoma Constitution, except that portion of such taxes collected for the benefit of school districts in this state pursuant to Section 26 of Article X of the Oklahoma Constitution and that portion of such taxes collected for purposes of raising money for a building fund for a school district pursuant to Section 9 of Article X of the Oklahoma Constitution, together with any revenues accruing to it pursuant to law and any money appropriated to it by the Legislature shall be paid to the State Treasurer to be placed in the Common School Fund. C. Beginning July 1, 1991, gross production taxes collected on oil and gas which are apportioned for common school purposes pursuant to the provisions of Section 1004 of Title 68 of the Oklahoma Statutes, motor vehicle taxes and fees collected pursuant to the Oklahoma Vehicle License and Registration Act which are apportioned for common school purposes pursuant to the provisions of Section 1104 of Title 47 of the Oklahoma Statutes and taxes levied upon rural electric cooperative corporations which are apportioned for common school purposes pursuant to the provisions of Section 1806 of Title 68 of the Oklahoma Statutes together with any revenues accruing to it pursuant to law and any money appropriated to it by the Legislature shall be paid to the State Treasurer to be placed in the Common School Fund. D. The provisions of this section shall not have the force and effect of law unless and until the voters of the State of Oklahoma approve amendments to Section 12a of Article X of the Oklahoma Constitution contained in Enrolled House Joint Resolution No. 1005 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature. Added by Laws 1989, 1st Ex.Sess., c. 2, § 93, operative Jan. 1, 1991. §70-18-110. Adjustments and limitations. A. If any district, or a part of a district, becomes a part of another district by consolidation, annexation, or otherwise, the following procedure shall be followed, except as otherwise provided by law, in calculating aid to the new district or districts so formed: 1. If the action occurs after budgets have been approved by the county excise board and the tax levies approved, the State Aid for the current year shall be calculated for each district as it existed prior to the annexation and prorated to the annexing district or districts on the basis of average daily attendance. 2. If the action occurs prior to approval of the school district budgets by the county excise board, the annexed district shall be merged with the annexing district or districts and State Aid shall be calculated according to the formula provided by this title. B. Any school district that does not maintain school for a full term pursuant to Section 1-109 of this title shall have its State Aid reduced proportionately unless it has received written approval to maintain school for less than a full term from the State Board of Education. The State Board of Education shall not approve any request to maintain school for less than a full term unless such request meets the requirements of Section 1-109 of this title. C. 1. If a school district operates a school located in a state institution, as described in subsection E of Section 1-113 of this title, for the pupils of school age residing in such institution, the membership of such children shall be included in the membership of such school district for the purpose of calculating State Aid of the district. 2. If a school district provides education to children in out- of-home placements who are not residents of the school district in which an entity is located pursuant to the provisions of subsections D and F of Section 1-113 of this title, the membership and out-of- home placement pupil weight for such student shall be included in the membership of the district providing the education for the purposes of calculating State Aid. D. Upon determination by the Finance Division of the State Department of Education that a legal residence for a child placed in an out-of-home placement cannot be identified, the district in which the placement is located shall be the district of residence and the average daily membership of such child shall be credited to such district. E. If any school district shall fail, neglect or refuse, for any reason whatsoever, to provide special education and related services for a child with disabilities, certified as such by competent authorities and residing in such district, as directed in Section 13-101 of this title, the following is hereby authorized: 1. Such child shall be entitled, upon petition by the child's parent or guardian, without consent or approval of the school district not providing special education and related services, to transfer to any adjacent or nearby school district which will accept the child with disabilities and provide the special education and related services which such child is entitled to receive. Notwithstanding the provisions of the Education Open Transfer Act, a school district in which a child transferring under this section resides shall pay to the district receiving and educating such child, as tuition, a special education transfer fee as provided in paragraph 2 of this subsection. Provided the average daily membership of such child shall be credited to the resident district of such transferee. 2. The special education transfer fee shall be the per capita cost of the receiving district for current expenditures for the special education and related services of such child with disabilities based upon the cost of teachers, equipment, material, and special costs associated with the special education class. 3. It shall be the duty of the school district from which such child with disabilities transfers to appropriate and pay such special education transfer fee to the district which receives and educates such child. If a school district owing such special education transfer fees shall fail, neglect or refuse for any reason whatsoever to appropriate and pay such special education transfer fees, then the school district entitled to receive such fees shall certify such fact to the Finance Division of the State Department of Education. Upon receipt of such certification, the Finance Division shall deduct the amount of the special education fee from any State Foundation Program or Incentive Aid otherwise due the sending district and transmit such amount to the receiving district. 4. The sending school district shall also be obligated to pay the special education transfer fee, notwithstanding the provisions of the Education Open Transfer Act: a. whenever a student who resides in the district is transferred to another school district for purposes other than to acquire special education, b. the student is subsequently found to require such special education and related services, c. the student is determined to be eligible by the Special Education Division of the State Department of Education, and d. the student is placed in an appropriate special education program by the receiving school district. For purposes of this paragraph, the special education transfer fee shall be as provided by paragraph 2 of this subsection, prorated by the receiving school district according to the number of days the student has been enrolled in the special education program. The receiving district shall notify the sending district immediately upon finding that the student requires special education and related services and the sending district shall participate in planning the student's Individualized Education Program (IEP) and in subsequent reviews of the program in accordance with the Individuals with Disabilities Education Act (IDEA). Added by Laws 1971, c. 305, § 10, emerg. eff. June 17, 1971. Amended by Laws 1978, c. 28, § 1; Laws 1981, c. 81, § 2, emerg. eff. April 20, 1981; Laws 1982, c. 287, § 11, operative July 1, 1982; Laws 1984, c. 182, § 2, emerg. eff. May 7, 1984; Laws 1985, c. 336, § 2, operative July 1, 1985; Laws 1989, c. 315, § 53, operative July 1, 1989; Laws 1994, c. 168, § 3, eff. July 1, 1994; Laws 1996, c. 319, § 3, eff. July 1, 1996; Laws 1997, c. 343, § 4, eff. July 1, 1997; Laws 1998, c. 362, § 3, eff. July 1, 1998; Laws 1999, c. 320, § 29, eff. July 1, 1999. §70-18-111. Average daily membership - Legally resident pupils. No pupil shall be counted in the average daily membership of any district for the purpose set out in this article unless said pupil is a legal resident of said district as provided for in Section 1- 113 of this title or has been transferred to said district. A pupil moving from a school district during a school term shall be entitled to attend such school for the remainder of that school term. School districts shall not include out-of-state pupils in their average daily membership for the purpose set out in this article. The following pupils shall not be counted: Those who have attained twenty-one (21) years of age by September 1 of that school year, or who have completed the twelfth grade, except as elsewhere provided for by law for veterans of World War II, the Korean War, or the Vietnam Conflict, and those who have not attained four (4) years of age by September 1 of that school year. In determining the ages of pupils for State Aid purposes, birth certificates shall be presented, if obtainable, as proof of age. Underage pupils in kindergarten and first grade who have been in legal school attendance in a public or private school in another state or in a Department of Defense School for military dependents may be legally enrolled and attend an Oklahoma school. Added by Laws 1971, c. 305, § 11, emerg. eff. June 17, 1971. Amended by Laws 1981, c. 131, § 1, emerg. eff. May 4, 1981; Laws 1983, c. 150, § 2, operative July 1, 1983; Laws 1984, c. 296, § 29, operative July 1, 1984; Laws 1998, c. 204, § 4, eff. July 1, 1998. §70-18-112. Repealed by Laws 1989, 1st Ex.Sess., c. 2, §121, operative July 1, 1990. §70-18-112.1. Repealed by Laws 1984, c. 296, § 41, operative July 1, 1984. §70-18-112.2. Supplemental State Aid. A. For the 1987-88 school year and for each school year thereafter, each school district which, pursuant to the provisions of Section 18-112 of Title 70 of the Oklahoma Statutes, received funding for the 1986-87 school year in excess of the sum of Foundation Aid, Salary Incentive Aid, and Transportation Supplement otherwise authorized pursuant to Section 18-109.2 of Title 70 of the Oklahoma Statutes shall receive a Supplement in State Aid: For the 1987-88 school year, said Supplement shall be equal to sixty-seven percent (67%) of the amount of said excess funding, less the amount by which the sum of Foundation Aid, Salary Incentive Aid, and Transportation Supplement exceeds said sum for the preceding school year; for the 1988-89 school year and thereafter, the Supplement in State Aid shall be an amount equal to the previous year's Supplement less the amount by which the sum of Foundation Aid, Salary Incentive Aid, and Transportation Supplement for the school year being considered exceeds said sum for the preceding school year. No school district shall receive for any school year subsequent to the 1987-88 school year a Supplement in State Aid larger than said Supplement received for the year preceding the subsequent year. Districts must levy thirty-five (35) General Fund mills to receive this Supplement. B. Eligibility of a district for a Supplement in State Aid shall not cause the district to be exempt from penalties required by the provisions of Section 18-113.1 of Title 70 of the Oklahoma Statutes. Calculation of the Supplement in State Aid shall be based on use of unreduced average daily attendance for determination of the sum of Foundation Aid, Salary Incentive Aid, and Transportation Supplement. The actual amount of Foundation Aid, Salary Incentive Aid, and Transportation Supplement to be paid, however, shall be subject to the provisions of Section 18-113.1 of Title 70 of the Oklahoma Statutes. Added by Laws 1987, c. 204, § 83, operative July 1, 1987. §70-18-113. Repealed by Laws 1985, c. 329, § 29, emerg. eff. July 30, 1985. §70-18-113.1. Class size limitation - Penalties - Exemptions. A. The provisions of this subsection shall apply only to grades one through three. 1. Except as otherwise provided for in this section, no child shall be included in the average daily membership of a school district for the purpose of computing and paying state-appropriated funds if that child is regularly assigned to a teacher or to a class that includes more than twenty (20) students. 2. If a class or classes in a grade exceed the class size limitation provided for in this subsection, the class size limitation and penalty shall not apply if: a. the creation of an additional class would cause a class to have fewer than ten (10) students; and b. a teacher's assistant, as defined in Section 6-127 of this title, is employed to serve with each teacher in a class that exceeds the class size limitation provided for in this subsection. 3. No school district shall be penalized for exceeding class size limitations set forth in this subsection if the limitations are exceeded beginning after the first nine (9) weeks of the school year. Any school district found to be in violation of the provisions of this subsection shall receive a penalty in the State Aid formula as a reduction to State Aid to be determined as follows: a. Multiply each pupil in excess of the class size membership limit as provided in this subsection by the grade level weight and by the Base Foundation Support Level for the current school year, and b. Multiply each pupil in excess of the class size membership limit as provided in this subsection by the grade level weight and by the Incentive Aid guarantee for the current school year times twenty (20), and c. Sum the products of subparagraphs a and b of this paragraph. B. The provisions of this subsection shall apply only to grades four through six. 1. Except as otherwise provided for in this section, no child shall be included in the average daily membership of a school district for the purpose of computing and paying state-appropriated funds if that child is regularly assigned to a teacher or to a class that includes more than twenty (20) students. 2. If a class or classes in a grade exceed the class size limitation provided for in this subsection, the class size limitation and penalty shall not apply if the creation of an additional class would cause a class to have fewer than sixteen (16) students. 3. No school district shall be penalized for exceeding class size limitations set forth in this subsection if the limitations are exceeded beginning after the first nine (9) weeks of the school year. 4. Any school district found to be in violation of the provisions of this subsection shall receive a penalty in the State Aid formula as a reduction to State Aid to be determined as follows: a. Multiply each pupil in excess of the class size membership limit as provided in this subsection by the grade level weight and by the Base Foundation Support Level for the current school year, and b. Multiply each pupil in excess of the class size membership limit as provided in this subsection by the grade level weight and by the Incentive Aid guarantee for the current school year times twenty (20), and c. Sum the products of subparagraphs a and b of this paragraph. C. Classes in the following subjects shall not be subject to the class size limitations provided for in subsections A and B of this section: 1. Physical education; and 2. Chorus, band, orchestra and similar music classes. D. If a school district groups its grades as grades one through five, grades six through eight, and grades nine through twelve, then as to such district the provisions of subsection B of this section shall apply to grades four and five rather than grades four through six, and the provisions of Section 18-113.3 of this title shall apply to grades six through twelve. E. Any violations of the provisions of this section shall result in denial of accreditation in accordance with the requirements of Section 3-104.4 of this title. F. Any school district which at the beginning of the school year does not have sufficient classrooms to meet the class size limitation provided for in this section as determined by guidelines established by the State Board of Education shall not be penalized for failure to meet the class size limitations provided for in this section if: a. the school district has voted indebtedness, at any time within the five (5) years preceding the year the district exceeds the class size limitations or during the year the district exceeds the class size limitations, through the issuance of bonds or approval by voters of issuance of new bonds for more than eighty-five percent (85%) of the maximum allowable pursuant to the provisions of Section 26 of Article X of the Oklahoma Constitution as shown on the school district budget filed with the State Equalization Board for the current school year and certifications by the Attorney General prior to February 1 of the current school year; and b. on the date of filing of the school district budget with the State Equalization Board, the school district is voting the maximum millage allowable for the support, maintenance and construction of schools as provided for in subsections (a), (c), (d) and (d-1) of Section 9 of Article X of the Oklahoma Constitution and Section 10 of Article X of the Oklahoma Constitution. G. Any school district which exceeds the class size limitations as set forth in this section shall submit a written report to the State Board of Education, on or before July 1 of each year, setting forth the procedures that the district will follow in order to comply with this section. H. School districts which receive state-appropriated funds pursuant to the provisions of Section 18-112.2 of this title and do not comply with the provisions of this section shall be subject to loss of State Aid for each child in excess of the class size limitations specified in this section. Added by Laws 1985, c. 329, § 3, emerg. eff. July 30, 1985. Amended by Laws 1986, c. 259, § 19, operative July 1, 1986; Laws 1987, c. 204, § 84, operative July 1, 1987; Laws 1988, c. 207, § 3, operative July 1, 1988; Laws 1989, c. 214, § 1, emerg. eff. May 9, 1989; Laws 1989, 1st Ex.Sess., c. 2, § 28, operative July 1, 1990; Laws 1990, c. 263, § 69, operative July 1, 1990; Laws 1991, c. 280, § 71, eff. July 1, 1991; Laws 1992, c. 324, § 15, eff. July 1, 1992; Laws 1996, c. 314, § 1, eff. July 1, 1996. §70-18-113.2. Class size limitations - Kindergarten - Penalties - Exemptions. A. The provisions of this section shall apply only to kindergarten. 1. No child shall be included in the average daily membership of a school district for the purpose of computing and paying state- appropriated funds if that child is regularly assigned to a teacher or to a class that includes more than twenty (20) students. 2. If a class or classes in a grade exceed the class size limitation provided for in this subsection, the class size limitation and penalty shall not apply if: a. the creation of an additional class would cause a class to have fewer than ten (10) students; and b. a teacher's assistant, as defined in Section 6-127 of this title, is employed to serve with each teacher in a class that exceeds the class size limitation provided for in this subsection. 3. No school district shall be penalized for exceeding class size limitations set forth in this section if the limitations are exceeded beginning after the first nine (9) weeks of the school year. 4. Any school district which at the beginning of the school year does not have sufficient classrooms to meet the class size limitation provided for in this section as determined by guidelines established by the State Board of Education shall not be penalized for failure to meet the class size limitations provided for in this section if: a. the school district has voted indebtedness, at any time within the five (5) years preceding the year the district exceeds the class size limitations or during the year the district exceeds the class size limitations, through the issuance of bonds or approval by voters of issuance of new bonds for more than eighty-five percent (85%) of the maximum allowable pursuant to the provisions of Section 26 of Article X of the Oklahoma Constitution as shown on the school district budget filed with the State Equalization Board for the current school year and certifications by the Attorney General prior to February 1 of the current school year; and b. on the date of filing of the school district budget with the State Equalization Board, the school district is voting the maximum millage allowable for the support, maintenance and construction of schools as provided for in subsections (a), (c), (d) and (d-1) of Section 9 of Article X of the Oklahoma Constitution and Section 10 of Article X of the Oklahoma Constitution. 5. Any school district found to be in violation of the provisions of this subsection shall receive a penalty in the State Aid formula as a reduction to State Aid to be determined as follows: a. Multiply each pupil in excess of the class size membership limit as provided in this subsection by the grade level weight and by the Base Foundation Support Level for the current school year, and b. Multiply each pupil in excess of the class size membership limit as provided in this subsection by the grade level weight and by the Incentive Aid guarantee for the current school year times twenty (20), and c. Sum the products of subparagraphs a and b of this paragraph. B. Any violations of the provisions of this section shall result in denial of accreditation in accordance with the requirements of Section 3-104.4 of this title. C. School districts which receive state-appropriated funds pursuant to the provisions of Section 18-112.2 of this title and do not comply with the provisions of this section shall be subject to loss of State Aid for each child in excess of the class size limitations specified in this section. Added by Laws 1989, c. 214, § 2, emerg. eff. May 9, 1989. Amended by Laws 1989, 1st Ex.Sess., c. 2, § 29, operative July 1, 1990; Laws 1990, c. 263, § 70, operative July 1, 1990; Laws 1991, c. 280, § 72, eff. July 1, 1991; Laws 1996, c. 314, § 2, eff. July 1, 1996. §70-18-113.3. Class size - Computation - Number of students teacher may instruct during school day - Penalties - Exemptions. A. Class size, as used in Section 18-113.1 and Section 18-113.2 of this title, shall be determined by the average daily membership divided by the full-time equivalency of the instructional staff assigned to each grade level by site. Full-time equivalency of special education teachers, Chapter 1 teachers, and teachers of classes not subject to class size limitations and the average daily membership of self-contained special education classes shall not be counted in class size computation. B. As used in this section, self-contained special education classes are those classes whose students attend the same class for three (3) or more class periods and who have individualized education plans. C. Beginning with the 1996-97 school year and each school year thereafter, no teacher who is counted in class size count for grades seven through twelve shall be responsible for the instruction of more than one hundred forty (140) students on any given six-hour school day. Class size count shall be taken during the month of October of each school year on a date set by the State Board of Education. If the class size count is in excess of the limits set forth in this subsection, the school district shall be subject to the penalties provided for in this section. D. Students within a class which is not subject to class size limitations pursuant to subsection D of Section 18-113.1 of this title shall not be counted for purposes of the limitations set forth in subsection C of this section. E. No school district shall be penalized for exceeding class size limitations set forth in this section if the limitations are exceeded beginning after the first nine (9) weeks of the school year. F. The first year that a school district exceeds the class size membership limitation as established and computed in subsection C of this section, the district shall receive as a penalty a reduction in the State Aid for the district. For each child in excess of the class size limitation, the reduction in State Aid to the district shall be determined as follows: 1. Multiply the averaged number of the October class size count of pupils which is in excess of the class size membership limit as provided for in subsection C of this section by the grade weight and by the Base Foundation Support Level for the current school year; 2. Multiply the averaged number of the October class size count of pupils which is in excess of the class size membership limit as provided for in subsection C of this section by the grade level weight and by the Incentive Aid guarantee for the current school year times twenty (20); and 3. Sum the products of paragraphs 1 and 2 of this subsection. G. If a school district exceeds the class size membership limitation as established and computed in subsection C of this section for two (2) consecutive years, the district shall receive as a penalty denial of accreditation in accordance with the requirements of Section 3-104.4 of this title. H. For the purpose of determining whether a penalty for exceeding class size limitations shall apply, a federally funded bilingual assistant shall not qualify as a teacher's assistant. I. Any school district which at the beginning of the school year does not have sufficient classrooms to meet the class size limitation provided for in this section as determined by guidelines established by the State Board of Education shall not be penalized for failure to meet the class size limitations provided for in this section if: 1. The school district has voted indebtedness, at any time within the five (5) years preceding the year the district exceeds the class size limitations or during the year the district exceeds the class size limitations, through the issuance of bonds or approval by voters of issuance of new bonds for more than eighty- five percent (85%) of the maximum allowable pursuant to the provisions of Section 26 of Article X of the Oklahoma Constitution as shown on the school district budget filed with the State Equalization Board for the current school year and certifications by the Attorney General prior to February 1 of the current school year; and 2. On the date of filing of the school district budget with the State Equalization Board, the school district is voting the maximum millage allowable for the support, maintenance and construction of schools as provided for in subsections (a), (c), (d) and (d-1) of Section 9 of Article X of the Oklahoma Constitution and Section 10 of Article X of the Oklahoma Constitution. J. Any school district which exceeds the class size limitations as set forth in this section shall submit a written report to the State Board of Education, on or before July 1 of each year, setting forth the procedures that the district will follow in order to comply with this section. K. School districts which receive state-appropriated funds pursuant to the provisions of Section 18-112.2 of this title and do not comply with the provisions of this section shall be subject to loss of State Aid for each child in excess of the class size limitations as specified in this section. Added by Laws 1989, 1st Ex.Sess., c. 2, § 30, operative July 1, 1990. Amended by Laws 1990, c. 263, § 71, operative July 1, 1990; Laws 1993, c. 361, § 7, eff. July 1, 1993; Laws 1996, c. 314, § 3, eff. July 1, 1996; Laws 1996, c. 350, § 3, eff. July 1, 1996. §70-18-113.4. Class size limitations - Penalties - Exemptions. A. Beginning with the 1997-98 school year, the penalties for exceeding class size limitations established in Sections 18-113.1, 18-113.2 and 18-113.3 of this title shall not apply if the class size limitations, as set forth in said sections, are exceeded beginning after the first nine (9) weeks of the school year. If the class size limitations are exceeded during the first nine (9) weeks, the penalties shall apply. B. For the purposes of calculating class size penalties established in Sections 18-113.1, 18-113.2 and 18-113.3 of this title, school districts shall use only the full-time-equivalency of the instructional staff who are under contract to work the full school year in question. C. Beginning July 1, 2003, school districts that participate in consolidation or annexation pursuant to the provisions of the Oklahoma School Voluntary Consolidation and Annexation Act shall be exempt from the provisions of Sections 18-113.1, 18-113.2 and 18- 113.3 of this title for the year in which the consolidation or annexation occurs and for the next five (5) fiscal years. Added by Laws 1996, c. 215, § 2, eff. July 1, 1996. Amended by Laws 1997, c. 355, § 6, eff. July 1, 1997; Laws 2003, c. 296, § 5, eff. July 1, 2003. §70-18-113.5. Schools maintained in state reformatories - Exemption from class size limitations. Any school maintained in the state reformatories under the administrative authority of the Department of Corrections shall not be subject to the provisions of Section 18-113.3 of Title 70 of the Oklahoma Statutes. The State Board of Education shall not assess any penalties that would be imposed upon or sanctions that could result in denial of accreditation of a school pursuant to Section 18-113.3 of Title 70 of the Oklahoma Statutes for any school maintained in the state reformatories. Added by Laws 2003, c. 69, § 1, emerg. eff. April 10, 2003. §70-18-114. Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1, 2014. §70-18-114.1. Salary schedule and increments in excess of minimums. Boards of education of all school districts may adopt a salary schedule and increments in excess of the minimums provided in this act. Added by Laws 1973, c. 211, § 24, emerg. eff. May 22, 1973. §70-18-114.2. Tradesmen or technicians - Qualification for increment. To qualify for the yearly One Hundred Dollars ($100.00) increment as provided by the Oklahoma Statutes a tradesman or technician not having a college degree who is employed as an instructor in an approved vocational trade and industrial program shall complete eight (8) college hours each year until graduation or such other training courses as may be approved by the Oklahoma State Board for Vocational Education. Added by Laws 1973, c. 211, § 25, emerg. eff. May 22, 1973. §70-18-114.3. Juris Doctorate Degree - Recognition in salary determination. Provided that, all school districts in the State of Oklahoma, employing certified personnel who have earned Juris Doctorate Degree, granted by an institution of higher learning with membership in a recognized accrediting association are required to accord to and grant to aforesaid degrees equal recognition for salary in contract determination. Laws 1974, c. 234, § 23, emerg. eff. May 17, 1974. §70-18-114.4. Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1, 2014. §70-18-114.5. Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1, 2014. §70-18-114.6. Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1, 2014. §70-18-114.7. Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1, 2014. §70-18-114.8. Expiration of collective bargaining agreement - Prohibition of reduction of wages, hours, fringe benefits or other benefits in agreement - Exceptions to prohibition. During the twelve-month period following the expiration of a collective bargaining agreement, no district board of education may reduce the wages, hours, fringe benefits or other terms and conditions of employment for any category of employees that were agreed to in the expired collective bargaining agreement, except pursuant to a subsequent collective bargaining agreement or pursuant to implementation of the plan filed by the district board of education with the State Superintendent of Public Instruction following exhaustion of the negotiations impasse process as provided in Section 509.7 of Title 70 of the Oklahoma Statutes. Added by Laws 1994, c. 332, § 1, eff. July 1, 1994. §70-18-114.9. Reduction of teacher's salary and fringe benefit level from one school year to the next - Violation - Forfeiture and withholding of State Aid - Filing of complaints. A. If a teacher, as defined in Section 6-101.3 of this title, is employed by the same school district for the next school year as the preceding school year, the total compensation, consisting of salary and fringe benefits, of the teacher shall not be decreased the next school year unless the hours or the duties of the teacher are reduced proportionately. Compensation shall not include one- time incentive pay that is provided by the school district to a teacher nor retention incentive pay for returning the next year. B. Subject to the provisions of this section, any school district that willfully reduces or has in years previous to enactment of this section willfully reduced the compensation of a teacher in violation of subsection A of this section shall forfeit as a penalty a portion of its State Aid equal to the total amount that the teacher was underpaid. If the teacher was underpaid for more than one (1) school year, the amount forfeited shall equal the cumulative amount that the teacher was underpaid. The amount to be forfeited shall be deducted from the State Aid payment following confirmation of the underpayment by the State Department of Education. C. In addition to the amount of State Aid forfeited as a penalty pursuant to subsection B of this section, in order to ensure that the teacher receives the full amount of unpaid compensation, the State Department of Education shall withhold an amount which is equal to the total amount that the teacher was underpaid from the State Aid payment of the school district and pay the amount directly to the teacher. The Board shall not withhold an amount for payment to the teacher pursuant to the subsection if the teacher has recovered the underpayment pursuant to judicial action. D. Complaints filed with the State Board of Education pursuant to this section may be based on alleged underpayments during fiscal years that began: 1. On or after July 1, 2002; or 2. Before July 1, 2002, if the teacher filed an action to recover the underpayment in a court of competent jurisdiction before July 1, 2002. E. Complaints filed with the State Board of Education alleging underpayment during fiscal years that began on or after July 1, 2002, shall be filed within one (1) year of the end of the fiscal year in which the underpayment is alleged to have occurred. F. Filing a complaint with the State Board of Education pursuant to this section shall not operate to prohibit a teacher from filing an action for underpayment in a court of competent jurisdiction or continuing to pursue an action for underpayment pending in a court of competent jurisdiction on August 29, 2003. G. The State Board of Education shall promulgate rules necessary to implement the provisions of this section. The rules shall include, but not be limited to, procedures for a teacher to file a complaint for violation of this section and the Department to investigate the complaint. Added by Laws 2003, c. 434, § 18. Amended by Laws 2004, c. 119, § 3, eff. July 1, 2004; Laws 2004, c. 248, § 2, eff. July 1, 2004; Laws 2015, c. 56, § 1, eff. Nov. 1, 2015; Laws 2017, c. 333, § 1, eff. July 1, 2017. §70-18-114.10. Repealed by Laws 2004, c. 119, § 5, eff. July 1, 2004. §70-18-114.11. Repealed by Laws 2015, c. 78, § 1, eff. Nov. 1, 2015. §70-18-114.12. Repealed by Laws 2013, c. 394, § 4. §70-18-114.13. Appropriation of certified or support personnel salary increases. State appropriated funding for certified or support personnel salary increases that is not appropriated through the State Aid formula provided in Section 18-200.1 of Title 70 of the Oklahoma Statutes shall be added to the state appropriation for the State Aid formula in the next fiscal year following the year the increase became effective, and each year thereafter. For the purposes of this section, state appropriated funding for certified or support personnel salary increases shall not include funding for the following items for education employees: health benefit allowances, Academic Achievement Awards, Mentor Teacher Stipends, Education Leadership Oklahoma bonuses, and the Oklahoma Ambassador of Teaching. Added by Laws 2006, 2nd Ex.Sess., c. 49, § 3, eff. July 1, 2006. §70-18-114.14. Repealed by Laws 2023, c. 289, § 2, eff. July 1, 2023. §70-18-114.15. Minimum salary and benefits. A. Beginning with the 2025-2026 school year, certified personnel, as defined in Section 26-103 of this title, in the public schools of this state shall receive in salary and/or fringe benefits not less than the amounts specified in the following schedule: MINIMUM SALARY SCHEDULE National Years of Bachelor's Board Master's Doctor's Experience Degree Certification Degree Degree 0 $39,601 $40,759 $40,991 $42,381 1 $40,035 $41,193 $41,425 $42,815 2 $40,469 $41,628 $41,859 $43,249 3 $40,904 $42,062 $42,294 $43,684 4 $41,338 $42,496 $42,728 $44,118 5 $42,810 $43,968 $44,200 $45,590 6 $43,273 $44,432 $44,663 $46,054 7 $43,737 $44,895 $45,127 $46,517 8 $44,200 $45,358 $45,590 $46,980 9 $44,663 $45,822 $46,054 $47,444 10 $46,684 $47,844 $48,568 $50,945 11 $47,177 $48,336 $49,061 $51,438 12 $47,670 $48,829 $49,554 $51,931 13 $48,162 $49,322 $50,047 $52,424 14 $48,655 $49,815 $50,539 $52,916 15 $50,167 $51,327 $52,052 $54,430 16 $50,660 $51,820 $52,545 $54,923 17 $51,153 $52,313 $53,038 $55,416 18 $51,646 $52,806 $53,531 $55,909 19 $52,139 $53,299 $54,024 $56,402 20 $52,652 $53,813 $54,538 $56,917 21 $53,145 $54,306 $55,031 $57,410 22 $53,639 $54,799 $55,524 $57,903 23 $54,132 $55,292 $56,018 $58,397 24 $54,625 $55,785 $56,511 $58,890 25 $56,049 $57,232 $57,971 $60,395 26 $56,542 $57,725 $58,464 $60,888 27 $57,035 $58,218 $58,957 $61,381 28 $57,528 $58,711 $59,450 $61,874 29 $58,021 $59,204 $59,943 $62,367 30 $58,541 $59,724 $60,463 $62,887 31 $59,001 $60,184 $60,923 $63,347 32 $59,494 $60,677 $61,416 $63,840 33 $59,987 $61,170 $61,909 $64,333 34 $60,480 $61,663 $62,402 $64,826 35 $60,973 $62,156 $62,895 $65,319 Master's Degree + Years of National Board Experience Certification 0 $42,149 1 $42,583 2 $43,018 3 $43,452 4 $43,886 5 $45,358 6 $45,822 7 $46,285 8 $46,749 9 $47,212 10 $49,728 11 $50,221 12 $50,713 13 $51,206 14 $51,699 15 $53,212 16 $53,705 17 $54,198 18 $54,691 19 $55,184 20 $55,698 21 $56,192 22 $56,685 23 $57,178 24 $57,671 25 $59,153 26 $59,646 27 $60,139 28 $60,632 29 $61,125 30 $61,645 31 $62,105 32 $62,598 33 $63,091 34 $63,584 35 $64,077 B. 1. When determining the minimum salary schedule, "fringe benefits" shall mean all or part of retirement benefits, excluding the contributions made pursuant to subsection A of Section 17-108.1 of this title and the flexible benefit allowance pursuant to Section 26-105 of this title from the flexible benefit allowance funds disbursed by the State Board of Education and the State Board of Career and Technology Education pursuant to Section 26-104 of this title. 2. If a school district intends to provide retirement benefits to a teacher such that the teacher's salary would be less than the amounts set forth in the minimum salary schedule specified in subsection A of this section, the district shall be required to provide written notification to the teacher prior to his or her employment or, if already employed by the district, no later than thirty (30) days prior to the date the district elects to provide retirement benefits such that the teacher's salary would be less than the minimum salary schedule. C. Any of the degrees referred to in this section shall be from a college recognized by the State Board of Education. The Board shall accept teaching experience from out-of-state school districts that are accredited by the State Board of Education or appropriate state accrediting agency for the districts. The Board shall accept teaching experience from out-of-country schools that are accredited or otherwise endorsed by the appropriate national or regional accrediting or endorsement authority. Out-of-country certification documentation in a language other than English shall be analyzed by an educational credential evaluation service in accordance with industry standards and guidelines and approved by the State Department of Education. The person seeking to have credit granted for out-of-country teaching experience shall be responsible for all costs of the analysis by a credential evaluation service. The Board shall accept teaching experience from primary and secondary schools that are operated by the United States Department of Defense or are affiliated with the United States Department of State. D. For the purpose of state salary increments and retirement, no teacher shall be granted credit for more than five (5) years of active duty in the military service, as defined in Section 17-113 of this title, or out-of-state or out-of-country teaching experience as a certified teacher or its equivalent. Nothing in this section shall prohibit boards of education from crediting more years of experience on district salary schedules than those allowed for state purposes. E. The State Board of Education shall recognize, for purposes of certification and salary increments, all the years of experience of a: 1. Certified teacher who teaches in the educational program of the Department of Corrections, beginning with fiscal year 1981; 2. Vocational rehabilitation counselor under the Department of Human Services if the counselor was employed as a certified teacher by the State Department of Education when the Division of Vocational Rehabilitation was transferred from the State Board of Career and Technology Education or the State Board of Education to the Oklahoma Public Welfare Commission on July 1, 1968; 3. Vocational rehabilitation counselor which were completed while employed by the Department of Human Services if such counselor was certified as a teacher or was eligible for certification as a teacher in this state; 4. Certified teacher which were completed while employed by the Child Study Center located at University Hospital, if the teacher was certified as a teacher in this state; and 5. Certified school psychologist or psychometrist which were completed while employed as a doctoral intern, psychological assistant, or psychologist with any agency of this state if the experience primarily involved work with persons of school- or preschool-age and if the person was, at the time the experience was acquired, certified as, or eligible for certification as, a school psychologist or psychometrist. F. The provisions of this section shall not apply to teachers who have entered into postretirement employment with a public school in this state and are still receiving a monthly retirement benefit. G. Persons employed as classroom instructional employees of technology center school districts supervised by the State Board of Career and Technology Education shall receive a salary increase amount equal to the amount indicated in subsection A of this section for the step level indicated for the person, provided they remain employed by the same technology center school district, unless the hours or the duties of the classroom instructional employees are reduced proportionately. H. Persons employed as correctional teachers or vocational instructors by the Department of Corrections pursuant to Section 510.6a of Title 57 of the Oklahoma Statutes or persons employed as teachers by the Office of Juvenile Affairs shall receive a salary increase amount equal to the amount indicated in subsection A of this section for the step level indicated for the person, provided they remain employed by the same Department of Corrections or Office of Juvenile Affairs facility, unless the hours or the duties of the correctional teachers, vocational instructors, or teachers are reduced proportionately. I. Persons employed as teachers by the State Department of Rehabilitation Services shall receive a salary increase amount equal to the amount indicated in subsection A of this section for the step level indicated for the person, provided they remain employed by the State Department of Rehabilitation Services, unless the hours or the duties of the teachers are reduced proportionately. Added by Laws 2023, c. 289, § 1, eff. July 1, 2023. Amended by Laws 2025, c. 78, § 2, eff. July 1, 2025; Laws 2025, c. 480, § 2, eff. July 1, 2025. §70-18-115. Annual budget can include increased aid. In the preparation of their budgets and estimates of income for the school years 1971-1972 and thereafter, the school districts of this state may include the increased amounts of state aid provided by this act. Laws 1971, c. 305, § 15, emerg. eff. June 17, 1971. §70-18-116. Forfeiture of State Aid. A. Any school district which willfully operates school buses contrary to the rules and regulations prescribed by the State Board of Education shall forfeit its State Aid for the time of noncompliance. All State Aid funds shall be withheld from any school district that does not comply with the standards of the State Board of Education for accrediting. B. Any school district that willfully pays a teacher less than the minimum salary required by law including the five percent (5%) increments for special education or alternative education shall forfeit a portion of its State Aid equal to the amount that the teacher was underpaid. The amount to be forfeited shall be deducted from the State Aid payment following confirmation of the underpayment by the State Department of Education. C. 1. No more than fifty percent (50%) of the funds apportioned to school districts under the provisions of this article shall be paid by the state unless and until there has been filed with the State Board of Education on forms prescribed by such Board an itemized sworn account of the expenditures and revenues of the school district during the next preceding fiscal year and a teacher personnel report for the current year. 2. All State Aid paid to a district whose district budget, as filed with the State Auditor and Inspector, shows that the appropriations of the district, plus the State Aid and other cash funds for which the district qualifies, will not enable it to maintain a full term of school as defined by this article, shall be credited against the State Aid of the district or districts to which the first district shall be annexed, if annexation is required. It is intended that the balance of any unexpended State Aid or other revenue originally allocated to an annexed district shall be paid to the receiving district. D. School districts receiving State Aid shall not spend any of these funds except by regularly issued warrants. The warrants shall be issued against properly approved encumbrances in the manner provided by law. All encumbrances shall be approved by the board of education of the school district at a regular meeting or a special meeting called for that purpose. All original copies of encumbrances as represented by purchase orders, shall be filed in either numerical or alphabetical order, with the original paid invoice or invoices attached, accompanied by a signed and dated receiving copy verifying receipt of goods or services. It shall be unlawful to register or pay the warrant unless such warrant conforms to the statutes regulating the allowance and issuance thereof. Said treasurer shall purchase, by treasurer's check, all warrants issued. E. All board of education members, employees, or other officials of school districts required to make reports to the State Board of Education or other agencies under the provisions of this article, and all persons lawfully charged with the duty of making records of original entry, such as teachers' registers, transportation records, and financial records, which form the basis, in whole or in part, of said reports, shall exercise the highest degree of diligence, accuracy, and good faith in making said records and reports reflect the truth. Teachers' registers shall be marked daily in ink, by the teacher or principal in charge of rooms or groups of pupils. Provided, the State Board of Education may authorize alternate systems of accounting for pupils' attendance in districts using data processing methods. F. The State Board of Education shall revoke the certificate of any teacher, principal, or superintendent who knowingly or willfully violates any of the provisions of this article. G. Any official involved in the execution of this article who shall fail or refuse to carry out any of the provisions thereof shall be liable on his official bond, if any, for the monetary damages resulting from said failure to act, and in addition thereto shall be subject to removal from office for neglect of duty under the provisions of law relating to the removal of public officials. H. Any person or firm who shall knowingly or willfully violate any of the provisions of this article shall be guilty of a misdemeanor. Any public official or public employee violating any of the provisions of this article shall be subject to the penalties for a misdemeanor and in addition thereto shall forfeit his position or office. Any officer or employee of the State Board of Education who knowingly or willfully apportions or disburses any monies appropriated by this article contrary to the provisions of this article shall be subject to the penalties for a misdemeanor and in addition shall forfeit his office or position. I. The State Board of Education shall prescribe the form of all records, reports and applications for State Aid necessary to the proper administration of this article, and it shall be the duty of all, school district superintendents, and boards of education of school districts to make such reports fully and completely at the time and in the manner prescribed by the State Board of Education. The State Board of Education shall also have authority and it shall be its duty to promulgate rules and regulations, not inconsistent with the provisions hereof, relative to the distribution of funds and for the administration of this article. Such regulations and rules shall apply alike to all school districts. J. Any school district that is not in compliance with the standards and requirements established by the State Board of Education related to the state student record system as provided in Section 3-160 of this title shall forfeit its State Aid for the time of noncompliance. Added by Laws 1971, c. 305, § 16, emerg. eff. June 17, 1971. Amended by Laws 1979, c. 30, § 50, emerg. eff. April 6, 1979; Laws 1988, c. 90, § 23, operative July 1, 1988; Laws 1988, c. 330, § 14; Laws 1990, c. 221, § 11, operative July 1, 1990; Laws 2000, c. 308, § 4, eff. July 1, 2000; Laws 2010, c. 203, § 1. §70-18-117. State Aid - Apportionment. All apportionments of State Aid to school districts shall be made by the State Board of Education through its Director of Finance, who shall not knowingly make any apportionment or disbursement of State Aid funds which is not authorized by law. Any State Aid funds illegally disbursed by the Director of Finance shall be returned to the State Treasurer by the school district receiving such funds, or legal action shall be instituted in the name of the state against such school district or on the bond of the Director of Finance. Laws 1971, c. 305, § 18, emerg. eff. June 17, 1971; Laws 1980, c. 159, § 21, emerg. eff. April 2, 1980. §70-18-118. Audit of state monies received by public school districts - Withholding from subsequent allocations. A. The State Auditor and Inspector shall approve auditors who shall audit the funds of the public school districts and the use made of the monies thereof, and shall make such other audits as may be required by the State Auditor and Inspector. B. School districts and officers and employees thereof who divert any monies received by a district from the purpose for which the monies were apportioned to the district shall be jointly and severally liable for any such diversion. C. If audits disclose that state monies have been illegally apportioned to, or illegally disbursed or expended by, a school district or any of its officers or employees, the State Board of Education shall make demand that the monies be returned to the State Treasurer by such school district. If the monies are not returned, the State Board of Education shall withhold the unreturned amount from subsequent allocations of state funds otherwise due the district. The State Board of Education shall cause suit to be instituted to recover for the state any monies illegally disbursed or expended, if not otherwise recovered as provided herein. Added by Laws 1971, c. 305, § 19, emerg. eff. June 17, 1971. Amended by Laws 1990, c. 221, § 12, operative July 1, 1990; Laws 2010, c. 477, § 1, eff. July 1, 2010. §70-18-118.1. Bond forfeited due to illegal activity - Assessment on persons convicted of certain crimes - School Investigative Audit Revolving Fund. A. When a bond is forfeited due to illegal activity of a school district officer or employee and an audit performed by the Office of the State Auditor and Inspector reported the illegal activity, the school district shall forward ten percent (10%) of the amount of the forfeited bond to the State Board of Education for deposit to the School Investigative Audit Revolving Fund. B. 1. Every person convicted of the crime of theft, embezzlement, conversion, or misappropriation of school district funds shall be assessed an amount equivalent to ten percent (10%) of any court-ordered restitution costs. 2. The assessment shall be mandatory and in addition to and not in lieu of any fines, restitution costs, other assessments, or forfeitures authorized or required by law for the offense. The assessment required by this subsection shall not be subject to any order of suspension. The court shall order either a lump-sum payment or establish a payment schedule. 3. Willful failure of the offender to comply with the payment schedule shall be considered contempt of court. 4. For purposes of collection, the assessment order shall not expire until paid in full, nor shall the assessment order be limited by the term of imprisonment prescribed by law for the offense, nor by any term of imprisonment imposed against the offender, whether suspended or actually served. 5. The assessment provided for in this subsection shall be collected by the court clerk as provided for collection of fines and costs. When assessment payments are collected by the court clerk pursuant to court order, the funds shall be forwarded to the State Board of Education for deposit into the School Investigative Audit Revolving Fund created by this section. C. 1. There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated the "School Investigative Audit Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies paid to and received by the State Board of Education from school districts, officers, or employees for the performance of audits, for the forfeiture of bonds, or for assessments ordered in addition to court-ordered restitution costs, and monies appropriated or transferred to the fund by the Legislature. 2. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Board of Education to reimburse the Office of the State Auditor and Inspector for costs incurred in the performance of special audits conducted pursuant to the provisions of Section 213 of Title 74 of the Oklahoma Statutes. 3. Prior to approval of any payment from this fund, the State Board of Education shall determine that a school district that is liable for expenses incurred due to the performance of an audit is unable to pay such expenses. Payments from this fund shall only be made to the extent that monies are available in the fund. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. Added by Laws 2008, c. 435, § 1, eff. July 1, 2008. Amended by Laws 2012, c. 304, § 609. §70-18-119. Repealed by Laws 1991, c. 3, § 21, eff. July 1, 1991. §70-18-120. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993. §70-18-121. Repealed by Laws 1993, c. 239, § 55, eff. July 1, 1993. §70-18-122. Provisions superceded. 70 O.S. 1961, Sections 3-1 through 3-7, 35a, 35b, and 35c, and Sections 1 and 2, Chapter 434, O.S.L. 1965 (70 O.S.Supp. 1970, Sections 3-4.1 and 3-4.2), insofar only as same are in conflict with Sections 21 and 22 hereof, are hereby specifically superceded. Added by Laws 1971, c. 305, § 23, emerg. eff. June 17, 1971. §70-18-123. Loss of average attendance - Dismissal of teachers. Teachers may be dismissed if a school district has a loss of average daily attendance over the prior year which would reduce state aid to the extent that such district was unable to finance the contract salaries of teachers employed by school districts under the continuing contract law. Added by Laws 1973, c. 211, § 26, emerg. eff. May 22, 1973. §70-18-124. Withholding certain expenditures from Foundation and Salary Incentive Aid. A. Any school district with an average daily attendance (ADA) of more than one thousand five hundred (1,500) students for the preceding year which expends for administrative services in the 2005-06 school year or any school year thereafter, less expenditures for legal services, more than five percent (5%) of the amount it expends for total expenditures, less expenditures for legal services, shall have the amount which exceeds the five percent (5%) withheld the following year from the Foundation and Salary Incentive Aid for the school district. B. Any school district with an average daily attendance (ADA) of more than five hundred (500) students but not more than one thousand five hundred (1,500) students for the preceding year which expends for administrative services in the 2005-06 school year or any school year thereafter, less expenditures for legal services, more than seven percent (7%) of the amount it expends for total expenditures, less expenditures for legal services, shall have the amount which exceeds the seven percent (7%) withheld the following year from the Foundation and Salary Incentive Aid for the school district. C. Any school district with an average daily attendance (ADA) of five hundred (500) or fewer students for the preceding year which expends for administrative services in the 2005-06 school year or any school year thereafter, less expenditures for legal services, more than eight percent (8%) of the amount it expends for total expenditures, less expenditures for legal services, shall have the amount which exceeds the eight percent (8%) withheld the following year from the Foundation and Salary Incentive Aid for the school district. D. The provisions of this section shall apply to school districts, charter schools, and virtual charter schools which contract with an educational management organization as defined in Section 5-200 of this title. The expenditure limits shall not exceed the percentages prescribed in subsections A, B, and C of this section, and the calculation of administrative services for schools which contract with an educational management organization shall be the combined amount of administrative services expended by the school and the educational management organization. E. For purposes of this section, “administrative services” means costs associated with: 1. Staff for the board of education; 2. The secretary/clerk for the board of education; 3. Staff relations; 4. Negotiations staff; 5. Immediate staff of the superintendent, any elementary superintendent, or any assistant superintendent; 6. Any superintendent, elementary superintendent, or assistant superintendent; 7. Any employee of a school district employed as a director, coordinator, supervisor, or who has responsibility for administrative functions of a school district; 8. Any consultant hired by the school district; and 9. Administrative services paid to an educational management organization as defined in Section 5-200 of this title. F. If an employee of a school district is employed in a position where part of the employee’s time is spent as an administrator and part of the time is spent in nonadministrative functions, the percentage of time spent as an administrator shall be included as administrative services. A superintendent who spends part of the time performing exempted nonadministrative services such as teaching in the classroom, serving as a principal, counselor, or library media specialist, can code up to forty percent (40%) of their salary to other nonadministrative functions. The total amount of time a superintendent of a school district spends performing services for a school district shall be included as administrative services even if part of the time the superintendent is performing nonexempted nonadministrative service functions. The total amount received by a superintendent from the school district as salary, for the performance of administrative and nonexempted nonadministrative services, shall be recorded under the code for superintendent salary as provided for in the Oklahoma Cost Accounting System. G. Each school site within a school district shall take steps to ensure that the administrative costs for the school comply with the expenditure limits established for school districts in this section. H. Funds withheld pursuant to the provisions of this section shall be distributed through the State Aid formula to the districts not so penalized. I. For the 2003-04 and 2004-05 school year, school districts shall report to the State Department of Education the costs associated with administrative services for the school district as defined in subsection E of this section. Added by Laws 1985, c. 329, § 26, emerg. eff. July 30, 1985. Amended by Laws 1987, c. 204, § 115, operative July 1, 1987; Laws 1999, c. 320, § 32, eff. July 1, 1999; Laws 2003, c. 434, § 16; Laws 2011, c. 86, § 1, eff. July 1, 2011; Laws 2011, c. 155, § 1; Laws 2023, c. 323, § 19, eff. July 1, 2024. §70-18-125. Incentive grants for small school district to fund cooperative programs. Recognizing the needs small school districts have to meet increased high school graduation and college admission requirements, and the difficulty such districts may experience in offering the necessary academic courses, the Legislature hereby states its intent to assist such districts through the creation of incentive grants to fund cooperative programs. Such grants shall be allocated by the State Board of Education on a competitive basis to school districts with an average daily attendance of eight hundred (800) or less, or to any school district participating in the East Central Educational Support Center, to enter into an agreement with one or more districts of any size or an accredited institution of higher education to provide classes in mathematics, science, a foreign language, computer education, visual arts or music to elementary or secondary students. In allocating incentive grants to fund cooperative programs, the State Department of Education shall give priority to those programs that emphasize classes required for high school graduation and college admission. Funding provided in the grants shall be expended for instruction-related personnel, equipment, transportation, materials and telecommunications, including but not limited to telecommunication equipment, instruction and other materials. Funding provided for grants for telecommunication shall not exceed fifty percent (50%) of the funds provided for all grants specified in this section. No funds provided shall be used for construction of buildings. Added by Laws 1985, c. 329, § 14, emerg. eff. July 30, 1985. Amended by Laws 1987, c. 204, § 119, operative July 1, 1987; Laws 1993, c. 361, § 8, eff. July 1, 1993; Laws 1999, c. 246, § 31, eff. July 1, 1999. §70-18-151. Short title. This act shall be cited as the "Common School Capital Improvement Act". Added by Laws 1982, c. 334, § 1, eff. Jan. 1, 1983. §70-18-152. Intent of Legislature. It is hereby declared to be the intent of the Legislature to assure that students in the public schools of this state occupy facilities which are designed for adaptability to program offerings. Such facilities should be structurally safe, well maintained and contain adequate space to meet the instructional needs of each student. It is further declared to be the intent of the Legislature that these facility standards be implemented through the Common School Capital Improvement Act. Added by Laws 1982, c. 334, § 2, eff. Jan. 1, 1983. §70-18-153. Development and adoption of four-year capital improvement plan. A. Each local school district shall develop and adopt a four- year capital improvement plan for the public schools in the district. Each local school district shall review and update their plans annually. Capital improvement plans shall be based upon guidelines developed by the State Department of Education. B. The State Department of Education shall develop and the State Board of Education shall adopt a statewide four-year capital improvement master plan for the public common schools of this state. The master plan shall be subject to the provisions of Section 308 of Title 75 of the Oklahoma Statutes. Added by Laws 1982, c. 334, § 3, eff. Jan. 1, 1983. Amended by Laws 1987, c. 186, § 4, eff. Nov. 1, 1987; Laws 2012, c. 354, § 7. §70-18-154. Repealed by Laws 2007, c. 93, § 11, eff. Nov. 1, 2007. §70-18-161. State Schools Facilities Program - Rules and regulations. The State Board of Education shall have the authority to establish and promulgate rules and regulations for a State Schools Facilities Program. Added by Laws 1987, c. 204, § 124, operative July 1, 1987. §70-18-162. Schools Capital Improvements Budget. No later than the first day of October of each year, the State Board of Education shall submit with the itemized budget request and estimates for the ensuing fiscal year, a Schools Capital Improvements Budget. Such Schools Capital Improvements Budget shall be submitted to the Director of the Office of Management and Enterprise Services, the Director of the Legislative Service Bureau and the Oklahoma Development Finance Authority. Added by Laws 1987, c. 204, § 125, operative July 1, 1987. Amended by Laws 2012, c. 304, § 610. §70-18-200. Repealed by Laws 1998, c. 274, § 10, emerg. eff. May 27, 1998. §70-18-200.1. See the following versions: OS 70-18-200.1v1 (HB 2890, Laws 2021, c. 488, § 1) OS 70-18-200.1v2 (HB 1086, Laws 2025, c. 285, § 2) §70-18-200.1v1. State Aid formula - 2022-23 and thereafter. A. Beginning with the 2022-2023 school year, and each school year thereafter, each school district shall have its initial allocation of State Aid calculated based on the state dedicated revenues actually collected during the preceding fiscal year, the adjusted assessed valuation of the preceding year and the weighted average daily membership for the school district of the preceding school year. Each school district shall submit the following data based on the first nine (9) weeks, to be used in the calculation of the average daily membership of the school district: 1. Student enrollment by grade level; 2. Pupil category counts; and 3. Transportation supplement data. On or before December 30, the State Department of Education shall determine each school district's current year allocation pursuant to subsection D of this section. The State Department of Education shall complete an audit, using procedures established by the Department, of the student enrollment by grade level data, pupil category counts and transportation supplement data to be used in the State Aid Formula pursuant to subsection D of this section by December 1 and by January 15 shall notify each school district of the district's final State Aid allocation for the current school year. The January payment of State Aid and each subsequent payment for the remainder of the school year shall be based on the final State Aid allocation as calculated in subsection D of this section. Except for reductions made due to the assessment of penalties by the State Department of Education according to law, the January payment of State Aid and each subsequent payment for the remainder of the school year shall not decrease by an amount more than the amount that the current chargeable revenue increases for that district. B. The State Department of Education shall retain not less than one and one-half percent (1 1/2%) of the total funds appropriated for financial support of schools, to be used to make midyear adjustments in State Aid and which shall be reflected in the final allocations. If the amount of appropriated funds, including the one and one-half percent (1 1/2%) retained, remaining after January 1 of each year is not sufficient to fully fund the final allocations, the Department shall recalculate each school district's remaining allocation pursuant to subsection D of this section using the reduced amount of appropriated funds. C. On and after July 1, 1997, the amount of State Aid each district shall receive shall be the sum of the Foundation Aid, the Salary Incentive Aid and the Transportation Supplement, as adjusted pursuant to the provisions of subsection G of this section and Section 18-112.2 of this title; provided, no district having per pupil revenue in excess of three hundred percent (300%) of the average per pupil revenue of all districts shall receive any State Aid or Supplement in State Aid. The July calculation of per pupil revenue shall be determined by dividing the district's second preceding year's total weighted average daily membership (ADM) into the district's preceding year's total revenues excluding federal revenue, insurance loss payments, reimbursements, recovery of overpayments and refunds, unused reserves, prior expenditures recovered, prior year surpluses, and less the amount of any transfer fees paid in that year. The December calculation of per pupil revenue shall be determined by dividing the district's preceding year's total weighted average daily membership (ADM) into the district's preceding year's total revenues excluding federal revenue, insurance loss payments, reimbursements, recovery of overpayments and refunds, unused reserves, prior expenditures recovered, prior year surpluses, and less the amount of any transfer fees paid in that year. D. For the 1997-98 school year, and each school year thereafter, Foundation Aid, the Transportation Supplement and Salary Incentive Aid shall be calculated as follows: 1. Foundation Aid shall be determined by subtracting the amount of the Foundation Program Income from the cost of the Foundation Program and adding to this difference the Transportation Supplement. a. The Foundation Program shall be a district's higher weighted average daily membership based on the first nine (9) weeks of the current school year or the preceding school year of a school district, as determined by the provisions of subsection A of Section 18-201.1 of this title and paragraphs 1, 2, 3 and 4 of subsection B of Section 18-201.1 of this title, multiplied by the Base Foundation Support Level. However, for the portion of weighted membership derived from nonresident, transferred pupils enrolled in online courses, the Foundation Program shall be a district's weighted average daily membership of the preceding school year or the first nine (9) weeks of the current school year, whichever is greater, as determined by the provisions of subsection A of Section 18-201.1 of this title and paragraphs 1, 2, 3 and 4 of subsection B of Section 18-201.1 of this title, multiplied by the Base Foundation Support Level. b. The Foundation Program Income shall be the sum of the following: (1) The adjusted assessed valuation of the current school year of the school district, minus the previous year protested ad valorem tax revenues held as prescribed in Section 2884 of Title 68 of the Oklahoma Statutes, multiplied by the mills levied pursuant to subsection (c) of Section 9 of Article X of the Oklahoma Constitution, if applicable, as adjusted in subsection (c) of Section 8A of Article X of the Oklahoma Constitution. For purposes of this subsection, the "adjusted assessed valuation of the current school year" shall be the adjusted assessed valuation on which tax revenues are collected during the current school year, and (2) Seventy-five percent (75%) of the amount received by the school district from the proceeds of the county levy during the preceding fiscal year, as levied pursuant to subsection (b) of Section 9 of Article X of the Oklahoma Constitution, and (3) Motor Vehicle Collections, and (4) Gross Production Tax, and (5) State Apportionment, and (6) R.E.A. Tax. The items listed in divisions (3), (4), (5), and (6) of this subparagraph shall consist of the amounts actually collected from such sources during the preceding fiscal year calculated on a per capita basis on the unit provided for by law for the distribution of each such revenue. 2. The Transportation Supplement shall be equal to the average daily haul times the per capita allowance times the appropriate transportation factor. a. The average daily haul shall be the number of children in a district who are legally transported and who live one and one-half (1 1/2) miles or more from school. b. The per capita allowance shall be determined using the following chart: PER CAPITA PER CAPITA DENSITY FIGURE ALLOWANCE DENSITY FIGURE ALLOWANCE.3000 -.3083 $167.00.9334 -.9599 $99.00.3084 -.3249 $165.00.9600 -.9866 $97.00.3250 -.3416 $163.00.9867 - 1.1071 $95.00.3417 -.3583 $161.00 1.1072 - 1.3214 $92.00.3584 -.3749 $158.00 1.3215 - 1.5357 $90.00.3750 -.3916 $156.00 1.5358 - 1.7499 $88.00.3917 -.4083 $154.00 1.7500 - 1.9642 $86.00.4084 -.4249 $152.00 1.9643 - 2.1785 $84.00.4250 -.4416 $150.00 2.1786 - 2.3928 $81.00.4417 -.4583 $147.00 2.3929 - 2.6249 $79.00.4584 -.4749 $145.00 2.6250 - 2.8749 $77.00.4750 -.4916 $143.00 2.8750 - 3.1249 $75.00.4917 -.5083 $141.00 3.1250 - 3.3749 $73.00.5084 -.5249 $139.00 3.3750 - 3.6666 $70.00.5250 -.5416 $136.00 3.6667 - 3.9999 $68.00.5417 -.5583 $134.00 4.0000 - 4.3333 $66.00.5584 -.5749 $132.00 4.3334 - 4.6666 $64.00.5750 -.5916 $130.00 4.6667 - 4.9999 $62.00.5917 -.6133 $128.00 5.0000 - 5.5000 $59.00.6134 -.6399 $125.00 5.5001 - 6.0000 $57.00.6400 -.6666 $123.00 6.0001 - 6.5000 $55.00.6667 -.6933 $121.00 6.5001 - 7.0000 $53.00.6934 -.7199 $119.00 7.0001 - 7.3333 $51.00.7200 -.7466 $117.00 7.3334 - 7.6667 $48.00.7467 -.7733 $114.00 7.6668 - 8.0000 $46.00.7734 -.7999 $112.00 8.0001 - 8.3333 $44.00.8000 -.8266 $110.00 8.3334 - 8.6667 $42.00.8267 -.8533 $108.00 8.6668 - 9.0000 $40.00.8534 -.8799 $106.00 9.0001 - 9.3333 $37.00.8800 -.9066 $103.00 9.3334 - 9.6667 $35.00.9067 -.9333 $101.00 9.6668 or more $33.00 c. The formula transportation factor shall be 1.39. 3. Salary Incentive Aid shall be determined as follows: a. Multiply the Incentive Aid guarantee by the district's higher weighted average daily membership based on the first nine (9) weeks of the current school year or the preceding school year of a school district, as determined by the provisions of subsection A of Section 18-201.1 of this title and paragraphs 1, 2, 3 and 4 of subsection B of Section 18-201.1 of this title. b. Divide the district's adjusted assessed valuation of the current school year minus the previous year's protested ad valorem tax revenues held as prescribed in Section 2884 of Title 68 of the Oklahoma Statutes, by one thousand (1,000) and subtract the quotient from the product of subparagraph a of this paragraph. The remainder shall not be less than zero (0). c. Multiply the number of mills levied for general fund purposes above the fifteen (15) mills required to support Foundation Aid pursuant to division (1) of subparagraph b of paragraph 1 of this subsection, not including the county four-mill levy, by the remainder of subparagraph b of this paragraph. The product shall be the Salary Incentive Aid of the district. E. By June 30, 1998, the State Department of Education shall develop and the Department and all school districts shall have implemented a student identification system which is consistent with the provisions of subsections C and D of Section 3111 of Title 74 of the Oklahoma Statutes. The student identification system shall be used specifically for the purpose of reporting enrollment data by school sites and by school districts, the administration of the Oklahoma School Testing Program Act, the collection of appropriate and necessary data pursuant to the Oklahoma Educational Indicators Program, determining student enrollment, establishing a student mobility rate, allocation of the State Aid Formula and midyear adjustments in funding for student growth. This enrollment data shall be submitted to the State Department of Education in accordance with rules promulgated by the State Board of Education. Funding for the development, implementation, personnel training and maintenance of the student identification system shall be set out in a separate line item in the allocation section of the appropriation bill for the State Board of Education for each year. F. 1. In the event that ad valorem taxes of a school district are determined to be uncollectible because of bankruptcy, clerical error, or a successful tax protest, and the amount of such taxes deemed uncollectible exceeds Fifty Thousand Dollars ($50,000.00) or an amount greater than twenty-five percent (25%) of ad valorem taxes per tax year, or the valuation of a district is lowered by order of the State Board of Equalization, the school district's State Aid, for the school year that such ad valorem taxes are calculated in the State Aid Formula, shall be determined by subtracting the net assessed valuation of the property upon which taxes were deemed uncollectible from the assessed valuation of the school district and the state. Upon request of the local board of education, it shall be the duty of the county assessor to certify to the Director of Finance of the State Department of Education the net assessed valuation of the property upon which taxes were determined uncollectible. 2. In the event that the amount of funds a school district receives for reimbursement from the Ad Valorem Reimbursement Fund is less than the amount of funds claimed for reimbursement by the school district due to insufficiency of funds as provided in Section 193 of Title 62 of the Oklahoma Statutes, then the school district's assessed valuation for the school year that such ad valorem reimbursement is calculated in the State Aid Formula shall be adjusted accordingly. G. 1. Notwithstanding the provisions of Section 18-112.2 of this title, a school district shall have its State Aid reduced by an amount equal to the amount of carryover in the general fund of the district as of June 30 of the preceding fiscal year, that is in excess of the following standards for two (2) consecutive years: Total Amount of Amount of General Fund Collections, General Fund Excluding Previous Year Balance Cash Surplus as of June 30 Allowable Less than $1,000,000 48% $1,000,000 - $2,999,999 42% $3,000,000 - $3,999,999 36% $4,000,000 - $4,999,999 30% $5,000,000 - $5,999,999 24% $6,000,000 - $7,999,999 22% $8,000,000 - $9,999,999 19% $10,000,000 or more 17% 2. By February 1 the State Department of Education shall send by certified mail, with return receipt requested, to each School District Superintendent, Auditor and Regional Accreditation Officer a notice of and calculation sheet reflecting the general fund balance penalty to be assessed against that school district. Calculation of the general fund balance penalty shall not include federal revenue. Within thirty (30) days of receipt of this written notice the school district shall submit to the Department a written reply either accepting or protesting the penalty to be assessed against the district. If protesting, the school district shall submit with its reply the reasons for rejecting the calculations and documentation supporting those reasons. The Department shall review all school district penalty protest documentation and notify each district by March 15 of its finding and the final penalty to be assessed to each district. General fund balance penalties shall be assessed to all school districts by April 1. 3. Any school district which receives proceeds from a tax settlement or a Federal Emergency Management Agency settlement during the last two (2) months of the preceding fiscal year shall be exempt from the penalties assessed in this subsection, if the penalty would occur solely as a result of receiving funds from the tax settlement. 4. Any school district which receives an increase in State Aid because of a change in Foundation and/or Salary Incentive Aid factors during the last two (2) months of the preceding fiscal year shall be exempt from the penalties assessed in this subsection, if the penalty would occur solely as a result of receiving funds from the increase in State Aid. 5. If a school district does not receive Foundation and/or Salary Incentive Aid during the preceding fiscal year, the State Board of Education may waive the penalty assessed in this subsection if the penalty would result in a loss of more than forty percent (40%) of the remaining State Aid to be allocated to the school district between April 1 and the remainder of the school year and if the Board determines the penalty will cause the school district not to meet remaining financial obligations. 6. Any school district which receives gross production revenue apportionment during the 2002-2003 school year or in any subsequent school year that is greater than the gross production revenue apportionment of the preceding school year shall be exempt from the penalty assessed in this subsection, if the penalty would occur solely as a result of the gross production revenue apportionment, as determined by the State Board of Education. 7. Beginning July 1, 2003, school districts that participate in consolidation or annexation pursuant to the provisions of the Oklahoma School Voluntary Consolidation and Annexation Act shall be exempt from the penalty assessed in this subsection for the school year in which the consolidation or annexation occurs and for the next three (3) fiscal years. 8. Any school district which receives proceeds from a sales tax levied by a municipality pursuant to Section 22-159 of Title 11 of the Oklahoma Statutes or proceeds from a sales tax levied by a county pursuant to Section 1370 of Title 68 of the Oklahoma Statutes during the 2003-2004 school year or the 2004-2005 school year shall be exempt from the penalties assessed in this subsection, if the penalty would occur solely as a result of receiving funds from the sales tax levy. 9. Any school district which has an amount of carryover in the general fund of the district in excess of the limits established in paragraph 1 of this subsection during the fiscal years beginning July 1, 2020, July 1, 2021, July 1, 2022, and July 1, 2023, shall not be assessed a general fund balance penalty as provided for in this subsection. 10. For purposes of calculating the general fund balance penalty, the terms "carryover" and "general fund balance" shall not include federal revenue. H. In order to provide startup funds for the implementation of early childhood programs, State Aid may be advanced to school districts that initially start early childhood instruction at a school site. School districts that desire such advanced funding shall make application to the State Department of Education no later than September 15 of each year and advanced funding shall be awarded to the approved districts no later than October 30. The advanced funding shall not exceed the per pupil amount of State Aid as calculated in subsection D of this section per anticipated Head Start eligible student. The total amount of advanced funding shall be proportionately reduced from the monthly payments of the district's State Aid payments during the last six (6) months of the same fiscal year. I. 1. Beginning July 1, 1996, the Oklahoma Tax Commission, notwithstanding any provision of law to the contrary, shall report monthly to the State Department of Education the monthly apportionment of the following information: a. the assessed valuation of property, b. motor vehicle collections, c. R.E.A. tax collected, and d. gross productions tax collected. 2. Beginning July 1, 1997, the State Auditor and Inspector's Office, notwithstanding any provision of law to the contrary, shall report monthly to the State Department of Education the monthly apportionment of the proceeds of the county levy. 3. Beginning July 1, 1996, the Commissioners of the Land Office, notwithstanding any provision of law to the contrary, shall report monthly to the State Department of Education the monthly apportionment of state apportionment. 4. Beginning July 1, 1997, the county treasurers' offices, notwithstanding any provision of law to the contrary, shall report monthly to the State Department of Education the ad valorem tax protest amounts for each county. 5. The information reported by the Tax Commission, the State Auditor and Inspector's Office, the county treasurers' offices and the Commissioners of the Land Office, pursuant to this subsection shall be reported by school district on forms developed by the State Department of Education. Added by Laws 1996, c. 215, § 4, eff. July 1, 1996. Amended by Laws 1997, c. 299, § 22, eff. July 1, 1997; Laws 1997, c. 338, § 1, eff. July 1, 1997; Laws 1998, c. 274, § 9, emerg. eff. May 27, 1998; Laws 2001, c. 335, § 1, emerg. eff. June 1, 2001; Laws 2002, c. 228, § 1, eff. July 1, 2002; Laws 2003, c. 415, § 31, eff. July 1, 2003; Laws 2004, c. 5, § 85, emerg. eff. March 1, 2004; Laws 2004, c. 361, § 23, eff. July 1, 2004; Laws 2004, c. 533, § 2, eff. July 1, 2004; Laws 2005, c. 90, § 1, eff. July 1, 2005; Laws 2010, c. 478, § 2, eff. July 1, 2010; Laws 2020, c. 128, § 1, eff. July 1, 2020; Laws 2021, c. 5, § 1, eff. July 1, 2022; Laws 2021, c. 488, § 2, eff. July 1, 2022. NOTE: Laws 2003, c. 296, § 6 repealed by Laws 2004, c. 5, § 86, emerg. eff. March 1, 2004. Laws 2020, c. 128, § 1 repealed by Laws 2021, c. 101, § 12, emerg. eff. April 20, 2021. NOTE: Laws 2020, c. 128, § 1 was repealed by Laws 2021, c. 101, § 12 but without reference to Laws 2021, c. 5, § 1, which amended it. Laws 2021, c. 5, § 1 was subsequently amended by Laws 2021, c. 488, § 2, eff. July 1, 2022. §70-18-200.1v2. State Aid formula - 2022-23 and thereafter. A. Beginning with the 2022-2023 school year, and each school year thereafter, each school district shall have its initial allocation of State Aid calculated based on the state dedicated revenues actually collected during the preceding fiscal year, the adjusted assessed valuation of the preceding year, and the weighted average daily membership for the school district of the preceding school year. Each school district shall submit the following data based on the first nine (9) weeks, to be used in the calculation of the average daily membership of the school district: 1. Student enrollment by grade level; 2. Pupil category counts; and 3. Transportation supplement data. On or before December 30, the State Department of Education shall determine each school district's current year allocation pursuant to subsection D of this section. The State Department of Education shall complete an audit, using procedures established by the Department, of the student enrollment by grade level data, pupil category counts, and transportation supplement data to be used in the State Aid Formula pursuant to subsection D of this section by December 1 and by January 15 shall notify each school district of the district's final State Aid allocation for the current school year. The January payment of State Aid and each subsequent payment for the remainder of the school year shall be based on the final State Aid allocation as calculated in subsection D of this section. Except for reductions made due to the assessment of penalties by the State Department of Education according to law, the January payment of State Aid and each subsequent payment for the remainder of the school year shall not decrease by an amount more than the amount that the current chargeable revenue increases for that district. B. The State Department of Education shall retain not less than one and one-half percent (1 1/2%) of the total funds appropriated for financial support of schools, to be used to make midyear adjustments in State Aid and which shall be reflected in the final allocations. If the amount of appropriated funds, including the one and one-half percent (1 1/2%) retained, remaining after January 1 of each year is not sufficient to fully fund the final allocations, the Department shall recalculate each school district's remaining allocation pursuant to subsection D of this section using the reduced amount of appropriated funds. C. On and after July 1, 1997, the amount of State Aid each district shall receive shall be the sum of the Foundation Aid, the Salary Incentive Aid, and the Transportation Supplement, as adjusted pursuant to the provisions of Section 18-112.2 of this title; provided, no district having per pupil revenue in excess of three hundred percent (300%) of the average per pupil revenue of all districts shall receive any State Aid or Supplement in State Aid. The July calculation of per pupil revenue shall be determined by dividing the district's second preceding year's total weighted average daily membership (ADM) into the district's second preceding year's total revenues excluding federal revenue, insurance loss payments, reimbursements, recovery of overpayments and refunds, unused reserves, prior expenditures recovered, prior year surpluses, and less the amount of any transfer fees paid in that year. The December calculation of per pupil revenue shall be determined by dividing the district's preceding year's total weighted average daily membership (ADM) into the district's preceding year's total revenues excluding federal revenue, insurance loss payments, reimbursements, recovery of overpayments and refunds, unused reserves, prior expenditures recovered, prior year surpluses, and less the amount of any transfer fees paid in that year. D. For the 1997-98 school year, and each school year thereafter, Foundation Aid, the Transportation Supplement, and Salary Incentive Aid shall be calculated as follows: 1. Foundation Aid shall be determined by subtracting the amount of the Foundation Program Income from the cost of the Foundation Program and adding to this difference the Transportation Supplement. a. The Foundation Program shall be a district's higher weighted average daily membership based on the first nine (9) weeks of the current school year or the preceding school year of a school district, as determined by the provisions of subsection A of Section 18-201.1 of this title and paragraphs 1, 2, 3, and 4 of subsection B of Section 18-201.1 of this title, multiplied by the Base Foundation Support Level. b. The Foundation Program Income shall be the sum of the following: (1) the adjusted assessed valuation of the current school year of the school district, minus the previous year protested ad valorem tax revenues held as prescribed in Section 2884 of Title 68 of the Oklahoma Statutes, multiplied by the mills levied pursuant to subsection (c) of Section 9 of Article X of the Oklahoma Constitution, if applicable, as adjusted in subsection (c) of Section 8A of Article X of the Oklahoma Constitution. For purposes of this subsection, the "adjusted assessed valuation of the current school year" shall be the adjusted assessed valuation on which tax revenues are collected during the current school year, (2) seventy-five percent (75%) of the amount received by the school district from the proceeds of the county levy during the preceding fiscal year, as levied pursuant to subsection (b) of Section 9 of Article X of the Oklahoma Constitution, (3) motor vehicle collections, (4) gross production tax, (5) state apportionment, and (6) R.E.A. tax. The items listed in divisions (3), (4), (5), and (6) of this subparagraph shall consist of the amounts actually collected from such sources during the preceding fiscal year calculated on a per capita basis on the unit provided for by law for the distribution of each such revenue. 2. The Transportation Supplement shall be equal to the average daily haul times the per capita allowance times the appropriate transportation factor. a. The average daily haul shall be the number of children in a district who are legally transported and who live one and one-half (1 1/2) miles or more from school. b. The per capita allowance shall be determined using the following chart: PER CAPITA PER CAPITA DENSITY FIGURE ALLOWANCE DENSITY FIGURE ALLOWANCE.3000 -.3083 $167.00.9334 -.9599 $99.00.3084 -.3249 $165.00.9600 -.9866 $97.00.3250 -.3416 $163.00.9867 - 1.1071 $95.00.3417 -.3583 $161.00 1.1072 - 1.3214 $92.00.3584 -.3749 $158.00 1.3215 - 1.5357 $90.00.3750 -.3916 $156.00 1.5358 - 1.7499 $88.00.3917 -.4083 $154.00 1.7500 - 1.9642 $86.00.4084 -.4249 $152.00 1.9643 - 2.1785 $84.00.4250 -.4416 $150.00 2.1786 - 2.3928 $81.00.4417 -.4583 $147.00 2.3929 - 2.6249 $79.00.4584 -.4749 $145.00 2.6250 - 2.8749 $77.00.4750 -.4916 $143.00 2.8750 - 3.1249 $75.00.4917 -.5083 $141.00 3.1250 - 3.3749 $73.00.5084 -.5249 $139.00 3.3750 - 3.6666 $70.00.5250 -.5416 $136.00 3.6667 - 3.9999 $68.00.5417 -.5583 $134.00 4.0000 - 4.3333 $66.00.5584 -.5749 $132.00 4.3334 - 4.6666 $64.00.5750 -.5916 $130.00 4.6667 - 4.9999 $62.00.5917 -.6133 $128.00 5.0000 - 5.5000 $59.00.6134 -.6399 $125.00 5.5001 - 6.0000 $57.00.6400 -.6666 $123.00 6.0001 - 6.5000 $55.00.6667 -.6933 $121.00 6.5001 - 7.0000 $53.00.6934 -.7199 $119.00 7.0001 - 7.3333 $51.00.7200 -.7466 $117.00 7.3334 - 7.6667 $48.00.7467 -.7733 $114.00 7.6668 - 8.0000 $46.00.7734 -.7999 $112.00 8.0001 - 8.3333 $44.00.8000 -.8266 $110.00 8.3334 - 8.6667 $42.00.8267 -.8533 $108.00 8.6668 - 9.0000 $40.00.8534 -.8799 $106.00 9.0001 - 9.3333 $37.00.8800 -.9066 $103.00 9.3334 - 9.6667 $35.00.9067 -.9333 $101.00 9.6668 or more $33.00 c. The formula transportation factor shall be 2.0. 3. Salary Incentive Aid shall be determined as follows: a. Multiply the Incentive Aid guarantee by the district's higher weighted average daily membership based on the first nine (9) weeks of the current school year or the preceding school year of a school district, as determined by the provisions of subsection A of Section 18-201.1 of this title and paragraphs 1, 2, 3, and 4 of subsection B of Section 18-201.1 of this title. b. Divide the district's adjusted assessed valuation of the current school year minus the previous year's protested ad valorem tax revenues held as prescribed in Section 2884 of Title 68 of the Oklahoma Statutes, by one thousand (1,000) and subtract the quotient from the product of subparagraph a of this paragraph. The remainder shall not be less than zero (0). c. Multiply the number of mills levied for general fund purposes above the fifteen (15) mills required to support Foundation Aid pursuant to division (1) of subparagraph b of paragraph 1 of this subsection, not including the county four-mill levy, by the remainder of subparagraph b of this paragraph. The product shall be the Salary Incentive Aid of the district. E. By June 30, 1998, the State Department of Education shall develop and the Department and all school districts shall have implemented a student identification system which is consistent with the provisions of subsections D and E of Section 3111 of Title 74 of the Oklahoma Statutes. The student identification system shall be used specifically for the purpose of reporting enrollment data by school sites and by school districts, the administration of the Oklahoma School Testing Program Act, the collection of appropriate and necessary data pursuant to the Oklahoma Educational Indicators Program, determining student enrollment, establishing a student mobility rate, allocation of the State Aid Formula, and midyear adjustments in funding for student growth. This enrollment data shall be submitted to the State Department of Education in accordance with rules promulgated by the State Board of Education. Funding for the development, implementation, personnel training, and maintenance of the student identification system shall be set out in a separate line item in the allocation section of the appropriation bill for the State Board of Education for each year. F. 1. In the event that ad valorem taxes of a school district are determined to be uncollectible because of bankruptcy, clerical error, or a successful tax protest, and the amount of such taxes deemed uncollectible exceeds Fifty Thousand Dollars ($50,000.00) or an amount greater than twenty-five percent (25%) of ad valorem taxes per tax year, or the valuation of a district is lowered by order of the State Board of Equalization, the school district's State Aid, for the school year that such ad valorem taxes are calculated in the State Aid Formula, shall be determined by subtracting the net assessed valuation of the property upon which taxes were deemed uncollectible from the assessed valuation of the school district and the state. Upon request of the local board of education, it shall be the duty of the county assessor to certify to the Director of Finance of the State Department of Education the net assessed valuation of the property upon which taxes were determined uncollectible. 2. In the event that the amount of funds a school district receives for reimbursement from the Ad Valorem Reimbursement Fund is less than the amount of funds claimed for reimbursement by the school district due to insufficiency of funds as provided in Section 193 of Title 62 of the Oklahoma Statutes, then the school district's assessed valuation for the school year that such ad valorem reimbursement is calculated in the State Aid Formula shall be adjusted accordingly. G. 1. Notwithstanding the provisions of Section 18-112.2 of this title, a school district shall have its State Aid reduced by an amount equal to the amount of carryover in the general fund of the district as of June 30 of the preceding fiscal year, that is in excess of the following standards for two (2) consecutive years: Total Amount of Amount of General Fund Collections, General Fund Excluding Previous Year Balance Cash Surplus as of June 30 Allowable Less than $1,000,000 48% $1,000,000 - $2,999,999 42% $3,000,000 - $3,999,999 36% $4,000,000 - $4,999,999 30% $5,000,000 - $5,999,999 24% $6,000,000 - $7,999,999 22% $8,000,000 - $9,999,999 19% $10,000,000 or more 17% 2. By February 1 the State Department of Education shall send by certified mail, with return receipt requested, to each school district superintendent, auditor, and regional accreditation officer a notice of and calculation sheet reflecting the general fund balance penalty to be assessed against that school district. Calculation of the general fund balance penalty shall not include federal revenue. Within thirty (30) days of receipt of this written notice the school district shall submit to the Department a written reply either accepting or protesting the penalty to be assessed against the district. If protesting, the school district shall submit with its reply the reasons for rejecting the calculations and documentation supporting those reasons. The Department shall review all school district penalty protest documentation and notify each district by March 15 of its finding and the final penalty to be assessed to each district. General fund balance penalties shall be assessed to all school districts by April 1. 3. Any school district which receives proceeds from a tax settlement or a Federal Emergency Management Agency settlement during the last two (2) months of the preceding fiscal year shall be exempt from the penalties assessed in this subsection, if the penalty would occur solely as a result of receiving funds from the tax settlement. 4. Any school district which receives an increase in State Aid because of a change in Foundation and/or Salary Incentive Aid factors during the last two (2) months of the preceding fiscal year shall be exempt from the penalties assessed in this subsection, if the penalty would occur solely as a result of receiving funds from the increase in State Aid. 5. If a school district does not receive Foundation and/or Salary Incentive Aid during the preceding fiscal year, the State Board of Education may waive the penalty assessed in this subsection if the penalty would result in a loss of more than forty percent (40%) of the remaining State Aid to be allocated to the school district between April 1 and the remainder of the school year and if the Board determines the penalty will cause the school district not to meet remaining financial obligations. 6. Any school district which receives gross production revenue apportionment during the 2002-2003 school year or in any subsequent school year that is greater than the gross production revenue apportionment of the preceding school year shall be exempt from the penalty assessed in this subsection, if the penalty would occur solely as a result of the gross production revenue apportionment, as determined by the State Board of Education. 7. Beginning July 1, 2003, school districts that participate in consolidation or annexation pursuant to the provisions of the Oklahoma School Consolidation and Annexation Act shall be exempt from the penalty assessed in this subsection for the school year in which the consolidation or annexation occurs and for the next three (3) fiscal years. 8. Any school district which receives proceeds from a sales tax levied by a municipality pursuant to Section 22-159 of Title 11 of the Oklahoma Statutes or proceeds from a sales tax levied by a county pursuant to Section 1370 of Title 68 of the Oklahoma Statutes during the 2003-2004 school year or the 2004-2005 school year shall be exempt from the penalties assessed in this subsection, if the penalty would occur solely as a result of receiving funds from the sales tax levy. 9. Any school district which has an amount of carryover in the general fund of the district in excess of the limits established in paragraph 1 of this subsection during the fiscal years beginning July 1, 2020, July 1, 2021, July 1, 2022, July 1, 2023, and July 1, 2024, shall not be assessed a general fund balance penalty as provided for in this subsection. 10. For purposes of calculating the general fund balance penalty, the terms "carryover" and "general fund balance" shall not include federal revenue. H. In order to provide startup funds for the implementation of early childhood programs, State Aid may be advanced to school districts that initially start early childhood instruction at a school site. School districts that desire such advanced funding shall make application to the State Department of Education no later than September 15 of each year and advanced funding shall be awarded to the approved districts no later than October 30. The advanced funding shall not exceed the per pupil amount of State Aid as calculated in subsection D of this section per anticipated Head Start eligible student. The total amount of advanced funding shall be proportionately reduced from the monthly payments of the district's State Aid payments during the last six (6) months of the same fiscal year. I. 1. Beginning July 1, 1996, the Oklahoma Tax Commission, notwithstanding any provision of law to the contrary, shall report monthly to the State Department of Education the monthly apportionment of the following information: a. the assessed valuation of property, b. motor vehicle collections, c. R.E.A. tax collected, and d. gross productions tax collected. 2. Beginning July 1, 1997, the State Auditor and Inspector's Office, notwithstanding any provision of law to the contrary, shall report monthly to the State Department of Education the monthly apportionment of the proceeds of the county levy. 3. Beginning July 1, 1996, the Commissioners of the Land Office, notwithstanding any provision of law to the contrary, shall report monthly to the State Department of Education the monthly apportionment of state apportionment. 4. Beginning July 1, 1997, the county treasurers' offices, notwithstanding any provision of law to the contrary, shall report monthly to the State Department of Education the ad valorem tax protest amounts for each county. 5. The information reported by the Tax Commission, the State Auditor and Inspector's Office, the county treasurers' offices, and the Commissioners of the Land Office, pursuant to this subsection shall be reported by a school district on forms developed by the State Department of Education. Added by Laws 1996, c. 215, § 4, eff. July 1, 1996. Amended by Laws 1997, c. 299, § 22, eff. July 1, 1997; Laws 1997, c. 338, § 1, eff. July 1, 1997; Laws 1998, c. 274, § 9, emerg. eff. May 27, 1998; Laws 2001, c. 335, § 1, emerg. eff. June 1, 2001; Laws 2002, c. 228, § 1, eff. July 1, 2002; Laws 2003, c. 415, § 31, eff. July 1, 2003; Laws 2004, c. 5, § 85, emerg. eff. March 1, 2004; Laws 2004, c. 361, § 23, eff. July 1, 2004; Laws 2004, c. 533, § 2, eff. July 1, 2004; Laws 2005, c. 90, § 1, eff. July 1, 2005; Laws 2010, c. 478, § 2, eff. July 1, 2010; Laws 2020, c. 128, § 1, eff. July 1, 2020; Laws 2021, c. 5, § 1, eff. July 1, 2022; Laws 2021, c. 488, § 2, eff. July 1, 2022; Laws 2023, c. 280, § 1, eff. July 1, 2023; Laws 2025, c. 285, § 2, eff. July 1, 2025. NOTE: Laws 2003, c. 296, § 6 repealed by Laws 2004, c. 5, § 86, emerg. eff. March 1, 2004. Laws 2020, c. 128, § 1 repealed by Laws 2021, c. 101, § 12, emerg. eff. April 20, 2021. NOTE: Laws 2020, c. 128, § 1 was repealed by Laws 2021, c. 101, § 12 but without reference to Laws 2021, c. 5, § 1, which amended it. Laws 2021, c. 5, § 1 was subsequently amended by Laws 2021, c. 488, § 2, eff. July 1, 2022. §70-18-201. Repealed by Laws 1998, c. 274, § 11, emerg. eff. May 27, 1998 and Laws 1998, c. 362, § 5, emerg. eff. July 1, 1998. NOTE: Laws 1998, c. 362, § 5 repealed this section as last amended by Laws 1998, c. 246, § 34. §70-18-201.1. Weighted membership calculation for Foundation Aid. A. Beginning with the 2020-21 school year, and each school year thereafter, the weighted membership of a school district for calculation of Foundation Aid purposes pursuant to paragraph 1 of subsection D of Section 18-200.1 of this title shall be the sum of the weighted pupil grade level calculation, the weighted pupil category calculation, the weighted district calculation, and the weighted teacher experience and degree calculation. The weighted membership of a school district for calculation of Salary Incentive Aid purposes pursuant to paragraph 3 of subsection D of Section 18- 200.1 of this title shall be the sum of the weighted pupil grade level calculation, the weighted pupil category calculation, the weighted district calculation, and the weighted teacher experience and degree calculation. B. Beginning with the 2022-2023 school year, the weighted calculations provided for in subsection A of this section shall be based on the higher weighted average daily membership of the first nine (9) weeks of the current school year or the preceding school year of a school district, unless otherwise specified. The higher of the two (2) weighted average daily memberships shall be used consistently in all of the calculations; however, the weighted calculation for a statewide virtual charter school experiencing a significant decline in membership shall be based on the first nine (9) weeks of the current school year for the statewide virtual charter school. For purposes of this subsection, "significant decline in membership" means equal to or greater than a fifteen percent (15%) decrease in average daily membership from the preceding school year to the average daily membership of the first nine (9) weeks of the current school year. The average daily membership data used for all calculations in paragraphs 1, 2, 3, and 4 of this subsection shall be the same as used in the calculation of the State Aid Formula. The weighted calculations provided for in subsection A of this section shall be determined as follows: 1. The weighted pupil grade level calculation shall be determined by taking the highest average daily membership and assigning weights to the pupils according to grade attended as follows: GRADE LEVEL WEIGHT a. Half-day early childhood programs.7 b. Full-day early childhood programs 1.3 c. Half-day kindergarten 1.3 d. Full-day kindergarten 1.5 e. First and second grade 1.351 f. Third grade 1.051 g. Fourth through sixth grade 1.0 h. Seventh through twelfth grade 1.2 i. Out-of-home placement 1.50 Multiply the membership of each subparagraph of this paragraph by the weight assigned to such subparagraph of this paragraph and add the totals together to determine the weighted pupil grade level calculation for a school district. Determination of the pupils eligible for the early childhood program weight shall be pursuant to the provisions of Section 1-114 of this title. The pupils eligible for the out-of-home placement pupil weight shall be students who are not residents of the school district in which they are receiving education pursuant to the provisions of subsection D of Section 1- 113 of this title. Such weight may be claimed by the district providing educational services to such student for the days that student is enrolled in that district. If claimed, the out-of-home placement weight shall be in lieu of the pupil grade level and any pupil category weights for that student. Provided, if a student resides in a juvenile detention center that is restricted to less than twelve (12) beds, the out-of-home placement pupil weight for such students shall be calculated as follows: for a center with six (6) beds - 3.0; for a center with eight (8) beds - 2.3; and for a center with ten (10) beds - 1.80. 2. The weighted pupil category calculation shall be determined by assigning a weight to the pupil category as follows: CATEGORY WEIGHT a. Visual Impairment 3.8 b. Specific Learning Disability.4 c. Deafness or Hearing Impairment 2.9 d. Deaf-Blindness 3.8 e. Intellectual Disability 1.3 f. Emotional Disturbance 2.5 g. Gifted.34 h. Multiple Disabilities 2.4 i. Orthopedic Impairment 1.2 j. Speech or Language Impairment.05 k. Bilingual.25 l. Special Education Summer Program 1.2 m. Economically Disadvantaged.3 n. Optional Extended School Year Program As determined by the State Board of Education o. Autism 2.4 p. Traumatic Brain Injury 2.4 q. Other Health Impairment 1.2 Except as otherwise provided, multiply the number of pupils approved in the school year with the highest average daily membership in each category by the weight assigned to such category and add the totals together to determine the weighted pupil category calculation for a school district. For the 1997-98 school year and subsequent school years, the number to be multiplied by the weight assigned to the gifted category in subparagraph g of this paragraph shall be the lesser of (1) the sum of the number of students who scored in the top three percent (3%) on any national standardized test of intellectual ability plus the number of students identified as gifted pursuant to subparagraphs a through d of paragraph 1 of Section 1210.301 of this title, or (2) the sum of the number of students who scored in the top three percent (3%) on any national standardized test of intellectual ability plus eight percent (8%) of the total average daily membership of the school district for the first nine (9) weeks of the school year. 3. The weighted district calculation shall be determined by determining the calculations for each school district for both the small school district formula and the district sparsity - isolation formula, applying whichever is the greater of the calculations of the two formulas and then applying the restrictions pursuant to subparagraph c of this paragraph. a. Small school district formula: 750 minus the average daily membership divided by 750 times.2 times total average daily membership. The small school district formula calculation shall apply only to school districts whose highest average daily membership is less than 750 pupils. School districts which are consolidated or annexed after July 1, 2003, pursuant to the Oklahoma School Voluntary Consolidation and Annexation Act shall have the weighted district size calculation for the three (3) school years following the fiscal year in which such consolidation occurred calculated to be the sum of the individual consolidated districts computed as if the consolidation had not taken place. Thereafter, any such district which is consolidated pursuant to the Oklahoma School Voluntary Consolidation and Annexation Act shall not qualify for the weighted district calculation unless the district can satisfy the specifications herein. Subject to the provisions of subparagraph c of this paragraph, the resulting number shall be counted as additional students for the purpose of calculating State Aid. b. District sparsity - isolation formula: The district sparsity - isolation formula calculation shall apply only to school districts: (1) whose total area in square miles is greater than the average number of square miles for all school districts in this state; and (2) whose areal density is less than one-fourth (1/4) of the state average areal density. Areal density shall be determined by dividing the school district's average daily membership by the school district's total area in square miles. The district sparsity - isolation formula calculation shall be calculated as follows: The school district student cost factor multiplied by the school district area factor. The resulting product shall be multiplied by the school district's average daily membership. Subject to the provisions of subparagraph c of this paragraph, the resulting number shall be counted as additional students for the purpose of calculating State Aid. The school district student cost factor shall be calculated as follows: The school district's average daily membership shall be categorized into the following grade level groups and applied to the appropriate formulas as computed below: Grade Level Group Grades K-5 Divide 74 by the sum of the Grade Level ADM plus 23, add.85 to the quotient, then multiply the sum by the Grade Level ADM. Grades 6-8 Divide 122 by the sum of the Grade Level ADM plus 133, add.85 to the quotient, then multiply the sum by the Grade Level ADM. Grades 9-12 Divide 292 by the sum of the Grade Level ADM plus 128, add.78 to the quotient, then multiply the sum by the Grade Level ADM. The sum of the grade level group's average daily membership shall be divided by the school district's average daily membership. The number one (1.0) shall be subtracted from the resulting quotient. The school district area cost factor shall be calculated as follows: Subtract the state average district area from the district area, then divide the remainder by the state average district area; however, the district area cost factor shall not exceed one (1.0). The State Board of Education shall define geographical barriers whose location in a school district would inhibit the district from consolidation or annexation. The Board shall make available an application process, review applications, and for districts the Board deems necessary allow additional square miles to be used for the purposes of calculations used for the weighted district sparsity - isolation formula. Provided, that the additional square miles allowed for geographical barriers shall not exceed thirty percent (30%) of the district's actual size. c. State Aid funds which a district is calculated to receive as a result of the weighted district calculation shall be restricted as follows: If, after the weighted district calculation is applied, the district's projected per pupil revenue exceeds one hundred fifty percent (150%) of the projected state average per pupil revenue, then the district's State Aid shall be reduced by an amount that will restrict the district's projected per pupil revenue to one hundred fifty percent (150%) of the projected state average per pupil revenue. Provided, in applying the restriction provided in this division, the district's State Aid shall not be reduced by an amount greater than by the amount of State Aid which was generated by the weighted district calculation. The July calculation of the projected per pupil revenue shall be determined by dividing the district's preceding year's average daily membership (ADM) as weighted by the pupil grade level, the pupil category, the district and the teacher experience degree index calculations for projected State Aid into the district's projected total revenues including projected funds for the State Aid Formula for the preceding year, net assessed valuation for the preceding calendar year times thirty-nine (39) mills, county revenues excluding the county four-mills revenues for the second preceding year, other state appropriations for the preceding year, and the collections for the preceding year of state apportionment, motor vehicle revenue, gross production tax, and R.E.A. tax. The December calculation of the projected per pupil revenue shall be determined by dividing the higher of the district's first nine (9) weeks of the current school year or the preceding school year's average daily membership (ADM) as weighted by the pupil grade level, the pupil category, the district and the teacher experience degree index calculations for projected State Aid into the district's projected total revenues including funds for the December calculation of the current year State Aid Formula, net assessed valuation for the current calendar year times thirty-nine (39) mills, county revenues excluding the county four-mills revenue for the preceding year, other state appropriations for the preceding year, and the collections for the preceding year of state apportionment, motor vehicle revenue, gross production tax, and R.E.A. tax. The district's projected total revenues for each calculation shall exclude the following collections for the second preceding year: federal revenue, insurance loss payments, reimbursements, recovery of overpayments and refunds, unused reserves, prior expenditures recovered, prior year surpluses, and other local miscellaneous revenues. 4. The weighted teacher experience and degree calculation shall be determined in accordance with the teacher experience and degree index. The State Department of Education shall determine an index for each state teacher by using data supplied in the school district's teacher personnel reports of the preceding year and utilizing the index as follows: TEACHER EXPERIENCE - DEGREE INDEX EXPERIENCE BACHELOR'S MASTER'S DOCTOR'S DEGREE DEGREE DEGREE 0 - 2.7.9 1.1 3 - 5.8 1.0 1.2 6 - 8.9 1.1 1.3 9 - 11 1.0 1.2 1.4 12 - 15 1.1 1.3 1.5 Over 15 1.2 1.4 1.6 The school district teacher index for each school district shall be determined by subtracting the weighted average state teacher from the weighted average district teacher. Multiply the school district teacher index if greater than zero by.7 and then multiply that product by the sum of the district's weighted pupil grade level calculation provided in paragraph 1 of this subsection and the weighted pupil category calculation provided in subparagraph m of paragraph 2 of this subsection to determine the weighted teacher experience and degree calculation. Added by Laws 1996, c. 215, § 6, eff. July 1, 1996. Amended by Laws 1997, c. 343, § 5, eff. July 1, 1997; Laws 1998, c. 204, § 5, eff. July 1, 1998; Laws 1998, c. 362, § 4, eff. July 1, 1998; Laws 1999, c. 1, § 28, emerg. eff. Feb. 24, 1999; Laws 2003, c. 296, § 7, eff. July 1, 2003; Laws 2005, c. 432, § 10, eff. July 1, 2005; Laws 2010, c. 478, § 3, eff. July 1, 2010; Laws 2011, c. 165, § 1; Laws 2018, c. 228, § 2, eff. July 1, 2018; Laws 2020, c. 61, § 3, eff. July 1, 2020; Laws 2021, c. 5, § 2, eff. July 1, 2022; Laws 2021, c. 488, § 3, eff. July 1, 2022; Laws 2023, c. 280, § 2, eff. July 1, 2023. NOTE: Laws 1997, c. 300, § 5 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998. Laws 1998, c. 246, § 35 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999. §70-18-202.1. Funding of school districts in Superfund sites when children have relocated - Highest weighted average of last 10 years used. For school districts located within the boundaries of federally designated Superfund sites from which students have been relocated with the assistance of state funds, the weighted calculations provided for in subsection A of Section 18-201.1 of Title 70 of the Oklahoma Statutes shall be based on the highest weighted average daily membership of the first nine (9) weeks of the current school year or any of the proceeding years, up to a maximum of ten (10) years since students within the district first received state assistance to relocate outside the district. Added by Laws 2004, c. 371, § 7. §70-18-300. Oklahoma School Land Fund. If the amendment to Section 3 of Article XI of the Constitution of the State of Oklahoma contained in Enrolled House Joint Resolution No. 1005 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature is approved by the people, there is hereby created in the State Treasury a special fund to be designated the "Oklahoma School Land Fund". The fund shall consist only of those monies described in Section 3 of Article XI of the Oklahoma Constitution and apportioned to the fund by law. Monies in the fund shall be used only for the purpose of financing common education in this state through the State Aid Formula. Added by Laws 1989, 1st Ex.Sess., c. 2, § 106, emerg. eff. April 25, 1990. NOTE: The proposed amendment to Section 3 of Article XI of the Oklahoma Constitution was defeated at special election held on June 26, 1990. §70-18-400. Creation - Status - Expenditures. There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated the "Education Reform Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all appropriations and transfers made by the Legislature. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended beginning with the fiscal year ending June 30, 1993, by the State Board of Education for the purposes of implementing reforms contained in Enrolled House Bill No. 1017 of the First Extraordinary Session of the 42nd Oklahoma Legislature. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. Added by Laws 1991, c. 280, § 75, eff. July 1, 1991. Amended by Laws 2012, c. 304, § 611. §70-19-1. Repealed by Laws 1955, p. 445, § 55. §70-19-2. Repealed by Laws 1955, p. 445, § 55. §70-19-3. Repealed by Laws 1955, p. 445, § 55. §70-19-4. Repealed by Laws 1955, p. 445, § 55. §70-19-5. Repealed by Laws 1955, p. 445, § 55. §70-19-6. Repealed by Laws 1955, p. 445, § 55. §70-19-7. Repealed by Laws 1955, p. 445, § 55. §70-19-8. Repealed by Laws 1955, p. 445, § 55. §70-19-9. Repealed by Laws 1955, p. 445, § 55. §70-19-10. Repealed by Laws 1955, p. 445, § 55. §70-19-101. Repealed by Laws 1987, c. 204, § 134, operative July 1, 1987. §70-19-102. Repealed by Laws 1987, c. 204, § 134, operative July 1, 1987. §70-19-103. Repealed by Laws 1987, c. 204, § 134, operative July 1, 1987. §70-19-104. Repealed by Laws 1987, c. 204, § 134, operative July 1, 1987. §70-19-105. Repealed by Laws 1987, c. 204, § 134, operative July 1, 1987. §70-19-106. Repealed by Laws 1987, c. 204, § 134, operative July 1, 1987. §70-19-107. Repealed by Laws 1987, c. 204, § 134, operative July 1, 1987. §70-19-108. Repealed by Laws 1987, c. 204, § 134, operative July 1, 1987. §70-19-109. Repealed by Laws 1987, c. 204, § 134, operative July 1, 1987. §70-19-110. Repealed by Laws 1987, c. 204, § 134, operative July 1, 1987. §70-19-111. Repealed by Laws 1987, c. 204, § 134, operative July 1, 1987. §70-19-112. Repealed by Laws 1987, c. 204, § 134, operative July 1, 1987. §70-19-113. Aims and purposes. The aims and purposes of driver's education shall be to develop a knowledge of those provisions of the laws of this state relating to the operation of motor vehicles, a proper acceptance of personal responsibility in traffic, a true appreciation of the causes, seriousness, and consequences of traffic accidents, and to develop the knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles. Added by Laws 1988, c. 298, § 38, operative July 1, 1988. §70-19-114. Establishment and maintenance of automobile driver education - Course grading. The school board of any school district maintaining a secondary school, which includes any of the grades nine through twelve, inclusive, may establish and maintain automobile driver education for students that attend secondary public schools in that district. Only students who are enrolled and passing in all of the core curriculum courses appropriate for their grade levels shall be allowed to enroll in driver education courses during the regular school day. Added by Laws 1988, c. 298, § 39, operative July 1, 1988. Amended by Laws 1994, c. 196, § 2, eff. Sept. 1, 1994; Laws 1995, c. 320, § 5, eff. July 1, 1995; Laws 1998, c. 425, § 1, eff. July 1, 1998. §70-19-115. Rules - Administrative budget - Coordinator of driver education programs. A. The establishment, conduct and scope of the driver education program for secondary schools shall be the program established by rules adopted and promulgated by the State Board of Education, subject to the requirements and exceptions set forth in Section 19- 113 et seq. of this title. Said program shall be established and maintained only in accordance with such rules and laws. The State Superintendent of Public Instruction shall prepare an administrative budget from funds made available under this article, which budget shall be approved by the State Board of Education. It shall be the responsibility of the State Superintendent of Public Instruction to appoint supervisors of safety education and the necessary clerical personnel. B. The State Department of Education shall designate or employ a state coordinator of driver education programs to provide oversight of all driver education programs throughout the state. The responsibilities of such coordinator shall include, but not be limited to: 1. Assuring quality driver education programs in this state; 2. Serving as a liaison between the State Department of Education and Service Oklahoma; 3. Promoting driver safety throughout the state; and 4. Coordinating the activities of the supervisors of safety education and the necessary clerical staff. Added by Laws 1988, c. 298, § 40, operative July 1, 1988. Amended by Laws 1998, c. 425, § 2, eff. July 1, 1998; Laws 2023, c. 310, § 36, eff. July 1, 2023. §70-19-116. Persons eligible to participate in program. Each school district providing driver education shall prescribe regulations determining who can best benefit by and who shall receive instruction under this program. Added by Laws 1988, c. 298, § 41, operative July 1, 1988. §70-19-117. Annual report. Each school district shall report annually to the State Superintendent of Public Instruction the cost of instructing pupils during the preceding year in driver education, the number of pupils actually enrolled and trained in such course during the preceding year, and such other information as may be required for the computation of the cost incurred therein. Added by Laws 1988, c. 298, § 42, operative July 1, 1988. §70-19-118. Cost of program. A determination of the cost of a driver education program in a secondary school shall include the cost of the replacement of the automobile or machinery used in the instruction of pupils, the cost of the instructor's salary, the upkeep and maintenance of said automobiles, and the cost of such other equipment and classroom data as may be required in a driver education program operated in compliance with the rules and regulations of the State Board of Education. Added by Laws 1988, c. 298, § 43, operative July 1, 1988. §70-19-119. Blank. §70-19-120. Eligibility for driver education allowance. No reimbursement shall be made to a school district for the instruction of pupils in driver education unless the school district has provided such instruction pursuant to state law and has complied with the rules set forth by the State Board of Education governing the establishment, conduct, and scope of driver education. Added by Laws 1988, c. 298, § 45, operative July 1, 1988. Amended by Laws 1998, c. 425, § 3, eff. July 1, 1998. §70-19-121. Implementation of aims and purposes of act - Rules and regulations - Supplies and equipment. The State Board of Education is hereby authorized and empowered to promulgate rules and regulations to carry out the aims and purposes established in Section 38 of this act. The State Board of Education is authorized to acquire in compliance with the law for cash, lease, or by lease-purchase agreement all the necessary equipment, visual and training aids and devices, and related materials required. Added by Laws 1988, c. 298, § 46, operative July 1, 1988. §70-19-122. Allocation of funds for driver education. Contingent upon the availability of funds, monies appropriated to the State Board of Education for the driver education program shall be allocated to each school district which provided a driver education program during the preceding fiscal year in accordance with state law and the rules established by the State Board of Education. Contingent upon funds being made available, allocations to each school district shall be reimbursed on a first-come first- serve basis as provided below: 1. In the amount of Ninety-five Dollars ($95.00) per pupil for courses offered before or after the regular school day; and 2. In the amount of Eighty-two Dollars and fifty cents ($82.50) per pupil for courses offered during the regular school day, the summer, or on Saturday. Added by Laws 1995, c. 305, § 17, eff. July 1, 1995. Amended by Laws 1998, c. 425, § 4, eff. July 1, 1999. §70-19-123. Reinstatement of lapsed certification. Any person who held a valid certificate to teach driver education in this state, between 1980 and the effective date of this act, and whose certificate has lapsed shall be eligible to have the certification to teach driver education reinstated upon request provided the person is otherwise eligible for teacher certification. Added by Laws 1998, c. 425, § 5, eff. July 1, 1998. §70-19-124. Student drivers as passengers. A. Except as provided in subsection B of this section, each commercial driver training school as defined in Section 801 of Title 47 of the Oklahoma Statutes or school district providing driver education training or classes shall only allow a student driver receiving instruction to operate the motor vehicle when there are no other student drivers in the motor vehicle as passengers. B. The parent or legal guardian of a student driver may sign a waiver which would allow the student driver to ride as a passenger in a motor vehicle that is being operated by another student driver. The waiver shall be on a separate form and include the following statement: "I understand if my child is a passenger in a motor vehicle operated by a student driver, there is a risk of death, serious injury, or collision." If the parent or legal guardian refuses to sign the waiver, the commercial driver training school or school district shall not refuse to admit the student driver. C. As used in this section, "student driver" shall mean any person receiving driver education training who is younger than eighteen (18) years of age. Added by Laws 2024, c. 186, § 2. §70-20-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-20-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-20-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-20-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-20-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-20-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-20-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-20-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-20-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-20-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-20-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
Okla. Stat. tit. 70, § 8
Repealed
Known as the Richard B. Russell National School Lunch Act
The act spans §§ 70–70 (3 sections).
Repealed by Laws 1949, p. 607, art. 20, § 9. §70-8-1
Official source: Oklahoma Legislature. Reproduced from public-domain Oklahoma statutes; confirm against the official source for the current text. Not legal advice.