Oklahoma § 70-7

§ 70-7.

Repealed by Laws 1941, p. 416, § 8.

§70-7-1.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,

§70-7-2.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,

§70-7-3.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,

§70-7-4.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,

§70-7-5.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,

§70-7-6.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,

§70-7-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,

1971.

NOTE: Former § 7-7 derived from Laws 1949, p. 548, art. 7, § 7 was

repealed by Laws 1953, p. 384, § 30.

§70-7-8.

Repealed by Laws 1953, p. 384, § 3.

Oklahoma Statutes - Title 70. Schools

§70-7-101. Boundaries - Petition or resolution to change Election.

A. Except as otherwise provided for in Section 7-105 of this

title for conditional consolidated school districts, the territory

comprising all or part of a school district may be annexed to

another school district or to two or more districts, when approved

at an annexation election called by the State Superintendent of

Public Instruction, but except as provided in subsection B of this

section, an annexation election may not be held unless the boards of

education of the affected districts concur therein. Provided, that

such concurrence of the boards of education affected shall not be

required in cases of mandatory annexation by the State Board of

Education:

1. In pursuance of a petition for annexation signed by a

majority of the school district electors in the territory proposed

to be annexed, hereinafter referred to as the area affected, said

majority being applied to the highest number of voters voting in a

regular school district election in the district in the preceding

five (5) years as determined by the secretary of the county election

board, who shall certify the adequacy of the number of signatures on

the petition as provided in this section; or

2. In pursuance of a resolution adopted by the board of

education of the district in which the area affected is situated.

B. An annexation election shall be called by the State

Superintendent of Public Instruction without the concurrence of the

board of education of the school district which is proposed to be

annexed, upon the filing of a petition with the State Superintendent

of Public Instruction for annexation that is signed by a majority of

the school district electors in the territory proposed to be

annexed, hereinafter referred to as the area affected, said majority

being applied to the highest number of voters voting in a regular

school district election in the district in the preceding five (5)

years as determined by the secretary of the county election board,

who shall certify the adequacy of the number of signatures on the

petition. The petition shall contain such information as the State

Superintendent of Public Instruction may require.

C. Annexation elections held pursuant to this section shall be

conducted pursuant to the following procedures:

1. Such election shall be held not less than sixty (60) days

nor more than ninety (90) days after the State Superintendent of

Public Instruction receives such petition, at some public place in

the school district in which the area affected is situated, between

the hours of 7 a.m. and 7 p.m., and notice thereof shall be given by

the State Superintendent of Public Instruction in the same manner as

notice of special elections of the school district electors of

school districts is given, provided, that the State Superintendent

of Public Instruction shall not be required to call an election for

Oklahoma Statutes - Title 70. Schools

the purpose of annexing a part of a school district more than once

during any twelve-month period. Such elections shall be conducted

by the county election board;

2. The annexation shall be approved by a majority of the school

district electors voting at such election:

a.

of an entire school district, or

b.

if a majority of the members of a board of education

of a school district losing the territory concur with

the petitioners, or resolution, only the legal voters

of the area so affected shall be eligible to vote at

such election, or

c.

if the affected area is part of a school district with

thirty thousand (30,000) or more average daily

membership, if the boundaries of the affected area is

not contiguous with the boundaries of the rest of the

district, and if the boundary of the noncontiguous

affected area is a least two (2) miles from the

nearest boundary of the rest of the district, only the

legal voters of the area so affected shall be eligible

to vote at such election. Provided, if there is an

incorporated city located wholly within the separate

noncontiguous affected area, the annexation election

being held shall not effect the area within the

boundaries of the incorporated area unless a majority

of the school district electors within the boundaries

of the incorporated area also file a petition

requesting annexation as required in subsection B of

this section.

If the area proposed to be annexed constitutes less than two percent

(2%) of the total area of the school district in which such area is

located, and there are no qualified electors residing in such area,

no election shall be held. In such instance the board of education

of the school district wherein the area proposed to be annexed is

located and the board of education of the school district to which

such area is proposed to be annexed shall each adopt a resolution

approving such annexation and shall transmit certified copies of

both resolutions to the State Superintendent of Public Instruction

who shall, within five (5) days after receiving copies of such

resolutions, make an order declaring the annexation as approved in

the resolutions. Copies of the annexation order shall be

transmitted to the State Board of Education, Oklahoma Tax

Commission, county clerk, county treasurer, county assessor and to

the boards of education of the school districts involved;

3. The annexation shall be approved by a majority of the school

district electors of the area affected, voting at such election, if

the area affected is an area within a school district in which, as a

result of condemnation proceedings by the federal government, a

Oklahoma Statutes - Title 70. Schools

majority of the pupils of said area have attended school, for at

least one school term, in the district to which the petition

requests annexation;

4. If the annexation of an entire district is approved, as

provided for in this section, the State Superintendent of Public

Instruction shall, within five (5) days after such election, issue

an order declaring the annexation as requested in the petition or

resolution for annexation to the State Board of Education, Oklahoma

Tax Commission, county clerk, county treasurer and county assessor

in each county in which any of the territory of the disorganized

district lies, but the annexation shall not become effective until

the time for filing an appeal, as hereinafter provided, has expired.

In the event a majority of the electors voting at such election do

not vote for the annexation, the State Superintendent of Public

Instruction shall, within five (5) days after such election, issue

an order denying the annexation to the State Board of Education,

Oklahoma Tax Commission, county clerk, county treasurer and county

assessor in each county in which any of the territory of the

disorganized district lies. Within ten (10) days after the order of

the State Superintendent of Public Instruction is issued, twentyfive percent (25%) of the school district electors who were eligible

to vote at the annexation election may appeal to the district court

of the county in which the territory proposed to be annexed, or the

largest part thereof if such territory lies in more than one county,

is situated, and thereafter all proceedings shall be stayed until

the district court has rendered judgment. The proceedings shall be

given precedence over all other civil matters. In the event the

court issues a final order upholding a partial annexation, the

effective date of said partial annexation shall be July 1 following

the final order. All pending annexation proceedings are hereby

exempted from this act. The State Board of Education shall be

required to change the boundary lines as described in the

declaration after all litigation has expired;

5. Upon the effective date of the annexation of an entire

school district to one or more school districts, the board of

education of the school district whose territory was annexed shall

be declared abolished by the State Superintendent of Public

Instruction. If a school district to which the territory was

annexed currently has a five-member board of education, that school

district board of education shall have the option of forming a

seven-member board of education pursuant to the provisions of

Section 5-107A of this title upon the effective date of the

annexation; and

6. If an independent district annexes to an elementary district

not maintaining a high school, both boards of education are

abolished. The Governor shall appoint three members of the newly

Oklahoma Statutes - Title 70. Schools

formed district to the board of education and these members shall

appoint the remaining two members.

Added by Laws 1971, c. 281, § 7-101, eff. July 2, 1971. Amended by

Laws 1972, c. 215, § 1, emerg. eff. April 7, 1972; Laws 1974, c. 37,

§ 1, emerg. eff. April 13, 1974; Laws 1975, c. 73, § 1, emerg. eff.

April 18, 1975; Laws 1977, c. 183, § 1, emerg. eff. June 8, 1977;

Laws 1985, c. 193, § 7, eff. Nov. 1, 1985; Laws 1987, c. 154, § 1,

eff. Nov. 1, 1987; Laws 1990, c. 257, § 7, eff. July 1, 1990; Laws

1991, c. 3, § 8, eff. July 1, 1991; Laws 1992, c. 324, § 11, eff.

July 1, 1992; Laws 1993, c. 316, § 15, eff. Sept. 1, 1993; Laws

1994, c. 71, § 1, emerg. eff. April 15, 1994; Laws 1997, c. 332, §

1, eff. July 1, 1997; Laws 1999, c. 300, § 1, eff. July 1, 1999.

NOTE: Laws 1993, c. 239, § 31 repealed by Laws 1994, c. 71, § 2,

emerg. eff. April 15, 1994.

§70-7-101.1. Mandatory annexation or consolidation - Rules and

regulations regarding procedures - Notice to school district

involved - Opportunity to appear before State Board of Education Determination of issue.

A. The State Board of Education shall be authorized to

promulgate rules and regulations regarding the procedures necessary

to accomplish mandatory annexation or consolidation, as provided by

and within the requirements of the provisions of Sections 2, 8, 9,

10, 11, 12 and 13 of this act, and as otherwise provided by law.

B. In any case where mandatory annexation of a school or school

district is recommended by the State Department of Education, the

Department shall notify, in writing, the board of education of the

school district involved. Upon receipt of the notification, the

school district board shall have fifteen (15) days to request an

opportunity to appear before the State Board of Education. If the

school district board fails to request an opportunity to appear, the

State Board shall proceed without further notice or delay, to

conclude the matter. If an opportunity to appear is requested by

the school district board, the State Board shall decide the issues

after hearing from representatives of the school or school district

and the State Department and shall make a final determination on the

recommendation of the Department.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 12, emerg. eff. April 25,

1990.

§70-7-102.

1979.

Repealed by Laws 1979, c. 282, § 32, emerg. eff. June 7,

§70-7-103. Annexation or disorganization - Assumption of bonded

indebtedness.

A. The component parts (or part) of the district annexed,

whether the annexation is or was voluntary or mandatory under the

Oklahoma Statutes - Title 70. Schools

provisions of this or any prior act, shall assume their full

proportion of all legal bonded indebtedness of the district or

districts to which they are or were annexed, and the district or

districts to which they are or were annexed shall likewise assume a

full proportion of all legal bonded indebtedness of the district

annexed, or ratable proportion in ratio to the assessed valuation to

the part annexed.

B. Provided, that if the area affected is or has been annexed

under the provisions of this article to a school district

(hereinafter referred to as the "first" district) having a bonded

indebtedness at the time of said annexation, and if at the time of

said annexation said area affected is or was not liable for any

bonded indebtedness, and if within four (4) calendar months or less

after said annexation all or any portion of the territory of the

area affected is or has been detached from the first district to

become a part of some other school district (hereinafter referred to

as the "second" district) then:

1. If the detachment of said territory occurs in any fiscal

year after the effective date of this subsection, and before the

certification of the budgets and levies of the first district for

said fiscal year to the State Auditor and Inspector, neither the

said detached territory nor the second district shall have any

liability for the payment of any part of the bonded indebtedness of

the first district which existed when the area affected was annexed

to the first district; or

2. If the detachment of said territory occurs in any fiscal

year after the effective date of this subsection, and after the

certification of the budgets and levies for said fiscal year of the

first district to the State Auditor and Inspector, the said detached

territory shall continue to bear its share of the bonded

indebtedness of the first district as prescribed by subsection A of

this section for the remainder of said fiscal year, but the second

district shall not be liable for any part of the bonded indebtedness

of the first district which existed at the time of the annexation of

the area affected to the first district; and after the beginning of

the next succeeding fiscal year neither the said detached territory

nor the second district shall have any liability for any of the

bonded indebtedness of the first district which existed at the time

the area affected was annexed to the first district.

Laws 1971, c. 281, § 7-103, eff. July 2, 1971; Laws 1979, c. 30, §

48, emerg. eff. April 6, 1979.

§70-7-104. Division of property - Debts and obligations.

A. In case the area affected comprises an entire school

district, and all of such area is annexed to only one other

district, the district to which it is annexed shall become the owner

of all the property and other assets of the disorganized district

Oklahoma Statutes - Title 70. Schools

and shall be liable for the current debts and other obligations of

such disorganized district, and said district shall also acquire

title to and provide for permanent custody of all individual

scholastic and other permanent records relating to each pupil who

was previously enrolled in the annexed district.

B. In case the area affected comprises an entire school

district, and is annexed to two or more districts, then the current

debts or obligations and property and other assets of the

disorganized district shall be divided by agreement between the

boards of education of the annexing districts, and the board of

education of either of the annexing districts may purchase any such

property or assets to effect a just division. If the boards of

education are unable to agree, the matter shall be decided by the

State Board of Education, and its decision shall be final.

C. In case the area affected is not an entire school district,

the district to which the annexation is made shall not acquire any

of the property or assets of the district from which the area

affected is detached, except that any school building or buildings

located in the affected area shall become the property of the

district to which the affected area is annexed and all obligations

pertaining thereto shall become the responsibility of the annexing

district.

D. If any mandatory or voluntary annexation made under the

provisions of this article shall occur after the election on school

district levies for the ensuing fiscal year and before the tax

levies of the ensuing year have been made and certified, the

operating and building levies authorized for the annexing district

shall be the levies for all the said district after such annexation.

All mandatory or voluntary annexations made and ordered subsequent

to the certification of the budgets and levies to the State Auditor

and Inspector shall be forthwith effective regardless of any

variation in such levies; and the budgetary assets of the annexed

district or districts theretofore so certified as unexpended and

unencumbered shall be merged by supplementary procedure with the

budgetary assets of the annexing district.

E. In case the area affected is annexed to two or more

districts or the area affected is not an entire school district, the

individual scholastic and other permanent records relating to each

pupil enrolled at the time of annexation shall be transferred to the

respective districts where said pupils are transferred. All other

individual scholastic and other permanent records relating to pupils

in said areas or entire districts affected shall be filed with the

county clerk of the county where supervision of the annexed school

district is located.

Laws 1971, c. 281, § 7-104, eff. July 2, 1971; Laws 1972, c. 215, §

2, emerg. eff. April 7, 1972; Laws 1979, c. 30, § 49, emerg. eff.

April 6, 1979; Laws 1993, c. 239, § 32, eff. July 1, 1993.

Oklahoma Statutes - Title 70. Schools

§70-7-105. Consolidation - Studies - Petition - Majority vote in

entire territory – Plan of action – Conditional consolidation Election - Initial board for new district - New district legal

successor.

A. Two or more school districts may, whether adjacent or not

adjacent, be consolidated into a single school district in

accordance with standards, rules and procedures to be determined by

the State Board of Education. When the consolidation of two or more

school districts is proposed, the State Board of Education shall

conduct such studies of the populations, wealth, terrain, trade

areas and other factors as may be necessary to determine the

location of boundaries and the size of a proposed district which

will most nearly ensure an efficient and economical administrative

unit. The State Board of Education shall furnish the boards of

education of the school districts which might be involved

information and advice as to where the boundaries and what the size

of the proposed new district should be. Nothing herein shall be

construed to prevent the inclusion within a school district of

territory lying within the boundaries of two or more counties.

B. Ten percent (10%) of the qualified school electors in any

district may petition the board of education of such district to

request such information, or a board of education of such district

may on its own initiative ask for information and advice from the

State Board of Education on the educational advantages and

disadvantages of proposed consolidation to the children and

residents of the area which might be affected. Upon the receipt of

such a petition, the local board of education shall request the

services of the State Board of Education and shall notify the boards

of education in adjacent school districts that such a request has

been made. The State Board of Education may on its own initiative

make the study herein authorized of any area of the state and direct

the board of education of such school districts as might be involved

to set into operation in their districts the procedure for

determining what, if any, consolidation should be carried on in the

area under study.

C. Any rules or procedures which the State Board of Education

may prescribe for consolidation of school districts shall include

the opportunity for the qualified school electors in the school

districts involved to express their wishes through a majority vote

of the school electors in the entire territory involved.

D. Prior to an election for consolidation, the boards of

education of the school districts involved may develop a plan which

shall set forth the actions to be taken during and after

consolidation. The plan of action shall include agreements relating

to school site closing, disposition and utilization of property and

equipment and such other agreements as may be necessary to

Oklahoma Statutes - Title 70. Schools

facilitate the consolidation of the school districts. The plan of

action shall also include provisions related to the technology

center school district the newly formed district will be a part of

which are consistent with the State Board of Career and Technology

Education rules. The plan shall be placed on a separate ballot and

voted on by the qualified school electors of each district at the

time of the consolidation election. Both the plan and consolidation

questions must be approved by a majority vote for the plan to take

effect. The plan shall be binding on the board of education of the

newly formed district for at least three (3) years; provided, any

provisions related to the expenditure of appropriated money shall

not be binding beyond the current fiscal year. The newly formed

district may alter or disregard the plan only if there is a

significant change in circumstances, including a significant drop in

revenue to the district or in student enrollment.

E. Two or more school districts may be consolidated into a

single school district on a conditional basis. If the voters

approve conditional consolidation of the school districts at an

election for such purpose in accordance with the procedures set

forth in this section, the newly formed school district shall be

considered consolidated and shall go through the same procedure and

meet the same requirements as any consolidated school district.

Under a conditional consolidation plan, any subsequent decision to

consolidate the new school district or annex all or part of the new

school district, shall first be approved by a majority of the

electors, voting at such election, of each of the original school

districts. If one or more of the original school districts

disapproves the subsequent consolidation or annexation plan, the

plan shall not be approved. If all of the original school districts

approve the subsequent consolidation or annexation plan, the plan

shall be approved and thereafter, any further consolidation or

annexation shall be subject to approval of the electors of all of

the school districts as a whole. The original school district shall

mean only the districts which independently voted to join the

conditionally consolidated district.

F. An election for such purpose shall be held either upon:

1. A petition for consolidation or conditional consolidation,

signed by forty percent (40%) of the school district electors of

each school district included in the proposed consolidation, or

conditional consolidation said percentage being applied to the

highest number of voters voting in a regular school election in the

district in the preceding five (5) years as determined by the

secretary of the county election board, who shall certify the

adequacy of the number of signatures on the petition; or

2. The concurrence of the boards of education of the school

districts included in the proposed consolidation or conditional

consolidation, as shown by a resolution adopted by each board.

Oklahoma Statutes - Title 70. Schools

The election shall be called by the State Board of Education and

conducted in accordance with the general election laws of this

state. Any vote to consolidate two or more districts, shall require

a majority vote of those voting in each school district involved.

When such a majority vote is in favor of consolidation or

conditional consolidation, the State Board of Education shall

declare the participating school districts dissolved and the new

school district established, and the newly formed district shall

thereupon be governed by the provisions of the Oklahoma School Code.

G. The State Superintendent of Public Instruction or designee

shall convene the members of the boards of the districts forming the

new district, who shall be given the opportunity of selecting from

among themselves the initial board of education for the new

district, selecting the number of members and designating the

initial terms of service of each as required to conform to law;

provided, the members convened shall have the option of forming a

seven-member board pursuant to the provisions of Section 5-107A of

this title rather than a board of the size otherwise provided by law

and shall have the option of temporarily increasing the number of

board positions for the new district by two positions per

consolidating district for the first two (2) years following

consolidation. The temporary positions will be filled by

appointment by the board. The temporary board positions shall be

abolished two (2) years from the effective date of consolidation.

Within ten (10) days following the declaration of establishment of

the new district, the State Superintendent or designee shall declare

the agreement or shall declare that such agreement has not been

reached, in which case persons serving as members of the board of

education of the participating district having the largest number of

enumerated children as shown by the last regular enumeration shall

serve as members of the board of education of the newly formed

district for the terms for which they were elected and until their

successors have been duly elected or appointed and have qualified.

H. All liabilities, assets, powers and duties of the

participating districts shall become the responsibility of the new

school district, which district shall be the legal successor in

every respect to the school districts participating in the

consolidation or conditional consolidation in accordance with law.

Added by Laws 1971, c. 281, § 7-105, eff. July 2, 1971. Amended by

Laws 1989, c. 323, § 9, eff. July 1, 1989; Laws 1990, c. 257, § 5,

eff. July 1, 1990; Laws 1993, c. 45, § 5, emerg. eff. April 9, 1993;

Laws 1994, c. 75, § 1, eff. July 1, 1994; Laws 1997, c. 332, § 2,

eff. July 1, 1997; Laws 2001, c. 33, § 85, eff. July 1, 2001.

§70-7-106. Buildings - Rented, moved, or sold.

No building or appendages thereto of any school district that has

been annexed to another school district or districts shall be

Oklahoma Statutes - Title 70. Schools

rented, moved or sold by the board of education of the annexing

district or districts without the approval of a majority of the

school district electors in the annexed district voting on the

proposition, if such building is being used at least once each

ninety (90) days for public gatherings. Provided, that the board of

education of the annexing district acquiring such building may

require persons or groups using such building and appendages to pay

the cost of maintenance, including insurance, of such building and

appendages.

Laws 1971, c. 281, § 7-106, eff. July 2, 1971.

§70-7-107. Disposition of property.

Once a school district has voted to dispense with grades one

through eight or one through twelve, it shall be illegal for the

board of education of such district to sell, exchange, trade, junk,

salvage, or otherwise dispose of any furniture, equipment, land,

buildings, or other such assets belonging to the school district

unless such sale, exchange, trade or disposal is made to, and only

to, another public school district in the State of Oklahoma. It

shall also be illegal for the board of education to expend the

school district's funds for any purpose after the end of the fiscal

year in which grades one through eight or one through twelve have

been dispensed with except in payment of legal transfer fees, bond

and property insurance premiums, utilities, salary of the clerk of

the board of education, audit expenses, and the expenses necessary

for the preservation and maintenance of school property; provided,

that a board or boards of education receiving the annexed district

shall have one (1) year after annexation to sell or convey the title

of land and buildings to a nonprofit corporation to be used for

community purposes after the same has been approved by a majority of

the electors of the annexed district, present and voting, at an

election called for such purpose; provided, that when such use

ceases, the title to said land and buildings shall be vested in the

receiving district or districts which shall be evidenced by

resolution of the annexed district.

Laws 1971, c. 281, § 7-107, eff. July 2, 1971.

§70-7-108. Federally owned reservations - Annexations.

Any federally owned reservation, or any portion thereof, within

the State of Oklahoma shall with the consent of the United States,

given by and through the commanding officer, superintendent, or

other officer having charge of such reservation, be attached to an

independent school district within the same transportation area for

school purposes in which such reservation and independent school

district are situated, upon the petition of the commanding officer,

superintendent, or other officer having charge of such reservation,

and with the consent of the board of education of such independent

Oklahoma Statutes - Title 70. Schools

school district. The petition of such commanding officer,

superintendent, or other officer in charge of any such federally

owned reservation and the consent of such board of education shall

be filed with the State Superintendent of Public Instruction and

said Superintendent shall thereupon order such reservation to be

attached to such independent school district.

Laws 1971, c. 281, § 7-108, eff. July 2, 1971; Laws 1993, c. 239, §

33, eff. July 1, 1993.

§70-7-201. Short title.

Sections 7-201 through 7-206 of this title shall be known and

may be cited as the "Oklahoma School Consolidation and Annexation

Act".

Added by Laws 1989, c. 323, § 1, eff. July 1, 1989. Amended by Laws

1989, 1st. Ex.Sess., c. 2, § 8, operative July 1, 1990; Laws 2003,

c. 296, § 1, eff. July 1, 2003; Laws 2009, c. 448, § 2, eff. Nov. 1,

2009.

§70-7-202. Application of act.

The provisions of the Oklahoma School Consolidation and

Annexation Act shall apply only to school districts whose entire

territory has been annexed to one or more existing school districts

or which have been created by the consolidation of two or more

existing school districts in accordance with the provisions of

Section 7-101 et seq. of this title or to school districts which

have entered into a mutual contract with a superintendent as

authorized pursuant to Section 5-106A of this title.

Added by Laws 1989, c. 323, § 3, eff. July 1, 1989. Amended by Laws

1989, 1st Ex. Sess., c. 2, § 9, operative July 1, 1990; Laws 1990,

c. 257, § 8, emerg. eff. May 23, 1990; Laws 1992, c. 324, § 12, eff.

July 1, 1992; Laws 2003, c. 296, § 2, eff. July 1, 2003; Laws 2009,

c. 448, § 3, eff. Nov. 1, 2009; Laws 2011, c. 338, § 1, eff. July 1,

2011.

§70-7-203. School Consolidation Assistance Fund.

A. There is hereby created in the State Treasury a fund to be

designated the "School Consolidation Assistance 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 source, public or private.

B. 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 established by this section, the

Legislature and in accordance with rules promulgated by the State

Board of Education. The purposes shall be to provide:

Oklahoma Statutes - Title 70. Schools

1. Voluntarily or mandatorily consolidated school districts or

districts who have received part or all of the territory and part or

all of the students of a school district dissolved by voluntary or

mandatory annexation, during the first year of consolidation or

annexation with a single one-year allocation of funds needed for:

a.

purchase of uniform textbooks in cases where the

several districts were not using the same textbooks

prior to consolidation or annexation,

b.

employment of certified personnel required to teach

courses of the district for which personnel from the

districts consolidated or annexed are not certified

and available,

c.

employment assistance for personnel of the several

districts who are not employed by the consolidated or

annexing district. Employment assistance may include

provision of a severance allowance for administrators,

teachers and support personnel not to exceed eighty

percent (80%) of the individual's salary or wages,

exclusive of fringe benefits, for the school year

preceding the consolidation or annexation. Personnel

receiving such severance pay may accumulate one (1)

year of creditable service for retirement purposes.

Employment assistance may also include the payment of

unemployment compensation benefits. The State Board

of Education shall provide a severance allowance to

employees dismissed from employment due to annexation

or consolidation of a school district in the year of

the annexation or consolidation and who were denied a

severance allowance or unemployment compensation

benefits and the voluntary consolidation funding of

the annexing or consolidating district or districts

has been paid on or after July 1, 2003, at the maximum

allowable amount. Application for a severance

allowance shall be made to the Finance Division of the

State Department of Education by the dismissed

employee no later than September 1 of the fiscal year

immediately following the fiscal year in which the

annexation or consolidation occurred,

d.

furnishing and equipping classrooms and laboratories,

e.

purchase of additional transportation equipment, and

f.

when deemed essential by the school district board of

education to achieve consolidation or combination by

annexation, renovation of existing school buildings

and construction or other acquisition of school

buildings; and

2. Assistance to school districts which have entered into a

mutual contract with a superintendent as authorized pursuant to

Oklahoma Statutes - Title 70. Schools

Section 5-106A of this title in paying the salary or wages of the

superintendent. The assistance shall equal not more than fifty

percent (50%) of the salary or wages of the superintendent for not

more than three (3) consecutive years. In no case shall the total

amount of assistance paid over the three-year period be more than

One Hundred Fifty Thousand Dollars ($150,000.00) nor shall any

school district be eligible to receive assistance pursuant to this

paragraph for more than one three-year time period.

C. The State Board of Education shall only make allocations

from the fund to school districts formed from the combination of two

or more of the districts whose boards of education notify the State

Board of Education on or before June 30 of their intent to annex or

consolidate and are subsequently combined by such means by January 1

of the second year following the notification of intent. The boards

of education which have entered into a mutual contract with a

superintendent shall notify the Board on or before June 30 of the

year preceding the school year the mutual contract will become

effective.

D. Allocations will be made to school districts formed by

voluntary or mandatory consolidation on the basis of combined

average daily membership (ADM) of the school year preceding the

first year of operation of the school district resulting from the

consolidation; provided, not more than two hundred (200) ADM of any

one school district shall be counted in determining the combined ADM

of any district formed by consolidation. The ADM of any one school

district shall not be considered more than once for allocations from

the fund when the school district consolidates with two or more

school districts. Allocations from the fund pursuant to this

subsection shall be calculated by multiplying the combined ADM by

Two Thousand Five Hundred Dollars ($2,500.00).

E.

Allocations will be made to school districts which have

received part or all of the territory and students of a school

district by voluntary or mandatory annexation on the basis of ADM of

the annexed school district for the school year preceding the first

year of operation of the school district resulting from the

annexation; provided, not more than two hundred (200) ADM of the

annexed district shall be counted. Allocations from the fund

pursuant to this subsection shall be calculated by multiplying the

allowable ADM by Five Thousand Dollars ($5,000.00). In no case

shall allocations payable pursuant to this subsection be greater

than One Million Dollars ($1,000,000.00).

F. If monies in the School Consolidation Assistance Fund are

insufficient to make allocations to all qualified combined

districts, allocations shall be made based upon the determination of

the State Board of Education with preference given to school

district consolidation and annexation.

Oklahoma Statutes - Title 70. Schools

Added by Laws 1989, c. 323, § 4, eff. July 1, 1989. Amended by Laws

1989, 1st Ex. Sess., c. 2, § 10, operative July 1, 1990; Laws 1990,

c. 257, § 9, emerg. eff. May 23, 1990; Laws 1991, c. 280, § 59, eff.

July 1, 1991; Laws 1992, c. 111, § 1, emerg. eff. April 21, 1992;

Laws 1993, c. 361, § 4, eff. July 1, 1993; Laws 2003, c. 296, § 3,

eff. July 1, 2003; Laws 2006, c. 278, § 4, eff. July 1, 2006; Laws

2009, c. 448, § 4, eff. Nov. 1, 2009; Laws 2011, c. 338, § 2, eff.

July 1, 2011.

§70-7-203.1. Determination of number of districts intending to

annex or consolidate - Transfer of funds when qualified combined

districts is two or less.

Beginning July 1, 2006, and each year thereafter, the State

Board of Education shall determine the number of districts that

notified the Board of their intent to annex or consolidate by June

30 of the previous fiscal year. If the Board determines the number

of qualified combined districts to be two or less, the Board is

authorized to transfer up to one-half of the funds transferred to

the School Consolidation Assistance Fund for that fiscal year for

allocation to the Financial Support of Public Schools for

distribution to school districts in the State Aid Formula, provided

in Section 18-200.1 of Title 70 of the Oklahoma Statutes. The State

Board of Education is further authorized to transfer up to one-half

of the funds not allocated to school districts for annexation or

consolidation for the fiscal year ending June 30, 2006, for

allocation to the Financial Support of Public Schools.

Added by Laws 2006, 2nd Ex.Sess., c. 50, § 36, eff. July 1, 2006.

§70-7-204. Preference for allocations from funds.

Consolidated districts and districts combined by annexation

which are created pursuant to the Oklahoma School Consolidation and

Annexation Act and districts that have entered into a mutual

contract with a superintendent shall have for three (3) subsequent

consecutive years after consolidation, annexation or the effective

date of the mutual contract preference for allocations from funds

appropriated to the State Board of Education for Community

Education, Alternative and High Challenge Schools, School/Community

Network for Arts-in-Education, Instructional Cooperative and

Technical Education, Advanced Placement Incentives, and for all

other allocations made by the Board on a competitive basis.

Added by Laws 1989, c. 323, § 5, eff. July 1, 1989. Amended by Laws

1991, c. 280, § 60, eff. July 1, 1991; Laws 1992, c. 281, § 1, eff.

July 1, 1992; Laws 2003, c. 296, § 4, eff. July 1, 2003; Laws 2009,

c. 448, § 5, eff. Nov. 1, 2009; Laws 2011, c. 338, § 3, eff. July 1,

2011.

Oklahoma Statutes - Title 70. Schools

§70-7-205. Exceptions to certification requirements - Priority for

placement assistance services.

When considering requests for exceptions to certification

requirements from districts created by consolidation or annexation

pursuant to the Oklahoma School Consolidation and Annexation Act for

personnel reassigned because of the consolidation or annexation, the

State Superintendent of Public Instruction and the State Board of

Education shall exercise the greatest degree of latitude that can be

regarded as consistent with acceptable professional practice.

Highest priority for placement assistance services of the State

Department of Education shall be afforded personnel for whom the

consolidated or annexing district has no assignment required.

Added by Laws 1989, c. 323, § 8, eff. July 1, 1989; Laws 1991, c.

280, § 61, eff. July 1, 1991.

§70-7-206. Consolidation or annexation of elementary school

district with independent school district.

Elementary school districts which desire to consolidate with or

annex the entire territory comprising the school district to an

independent school district or districts in the transportation area

of their choice pursuant to the Oklahoma School Consolidation and

Annexation Act shall be authorized to enter into contracts with the

independent school district or districts whom they consolidate with

or annex to, which provide for up to a three-year moratorium on

school site closings within the consolidated or annexed elementary

district.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 11, operative July 1,

1990. Amended by Laws 1990, c. 257, § 10, emerg. eff. May 23, 1990;

Laws 1991, c. 3, § 9, eff. July 1, 1991.