Oklahoma § 70-8

Full text of Oklahoma Oklahoma Statutes § 70-8, with citation guidance and answers to common questions.

§ 70-8.

Repealed by Laws 1949, p. 607, art. 20, § 9.

§70-8-1.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-8-2.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-8-3.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-8-4.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-8-5.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

Oklahoma Statutes - Title 70. Schools

§70-8-6.

1971.

§70-8-6.1.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-8-7.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-8-8.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-8-9.

Repealed by Laws 1968, c. 393, § 4.

§70-8-10.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-8-11.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-8-12.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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:

Oklahoma Statutes - Title 70. Schools

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:

Oklahoma Statutes - Title 70. Schools

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.

2021.

Repealed by Laws 2021, c. 6, § 5, emerg. eff. March 31,

§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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§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.

Oklahoma Statutes - Title 70. Schools

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 intradistrict 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

Oklahoma Statutes - Title 70. Schools

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 24101.3 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

Oklahoma Statutes - Title 70. Schools

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.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-9-2.

1971.

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

§70-9-3.

1971.

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

§70-9-4.

1971.

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

§70-9-5.

1971.

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

§70-9-6.

Repealed by Laws 1955, p. 445, § 55.

§70-9-7.

1971.

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

Oklahoma Statutes - Title 70. Schools

§70-9-8.

1971.

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

§70-9-9.

Repealed by Laws 1961, p. 553, § 1.

§70-9-10.

1971.

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

§70-9-11.

1971.

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

§70-9-12.

1971.

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

§70-9-13.

1971.

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

§70-9-14.

1971.

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

§70-9-15.

1971.

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

§70-9-16.

1971.

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

§70-9-17.

1971.

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

§70-9-18.

1971.

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

§70-9-19.

1971.

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

§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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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;

Oklahoma Statutes - Title 70. Schools

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 pupiltransportation 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."

Oklahoma Statutes - Title 70. Schools

Any school district which lawfully leases one or more of such pupiltransportation 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

1971.

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

§70-10-2.

1971.

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

§70-10-3.

1971.

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

§70-10-4.

Repealed by Laws 1969, c. 159, § 2.

§70-10-5.

1971.

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

§70-10-6.

1971.

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

§70-10-7.

1971.

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

§70-10-8.

1971.

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

§70-10-9.

1971.

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

§70-10-10.

1971.

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

§70-10-11.

1971.

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

§70-10-12.

1971.

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

§70-10-13.

1971.

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

Oklahoma Statutes - Title 70. Schools

§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.

1986.

Repealed by Laws 1986, c. 259, § 65, operative July 1,

§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

Oklahoma Statutes - Title 70. Schools

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. Onehalf (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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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 parentteacher 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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

(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 halfto-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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 fulltime 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.

Oklahoma Statutes - Title 70. Schools

§70-11-1.

1971.

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

§70-11-2.

1971.

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

§70-11-3.

1971.

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

§70-11-4.

1971.

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

§70-11-5.

1971.

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

§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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

schools.

Native American language – Teaching in public

Oklahoma Statutes - Title 70. 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, playbased 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;

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§70-11-103.2c.

2000.

Repealed by Laws 2000, c. 232, § 24, eff. July 1,

§70-11-103.2d.

2000.

Repealed by Laws 2000, c. 232, § 24, eff. July 1,

§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;

Oklahoma Statutes - Title 70. Schools

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.

1993.

Repealed by Laws 1993, c. 155, § 4, eff. July 1,

§70-11-103.5.

1993.

Repealed by Laws 1993, c. 155, § 4, eff. July 1,

§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 11103.6a 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

(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

Oklahoma Statutes - Title 70. Schools

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 careerready. 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

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 11103.6a 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

Oklahoma Statutes - Title 70. Schools

4. Achieved a proficient or advanced score on all end-ofinstruction tests as required pursuant to Section 1210.508 of this

title, as those tests are implemented.

B. For purposes of this section, applicable vocationaltechnical classes offered by comprehensive high school vocationaltechnical 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-bycourse 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.

Oklahoma Statutes - Title 70. Schools

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:

Oklahoma Statutes - Title 70. Schools

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, onehalf (1/2) unit personal financial literacy course will be offered

as an elective, in addition to any courses offered by the school

Oklahoma Statutes - Title 70. Schools

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 lifeskills 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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 11103.6d 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 gradeappropriate 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

Oklahoma Statutes - Title 70. Schools

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 reformminded 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 nonEnglish 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

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

d.

e.

f.

g.

Math Analysis or Precalculus,

Calculus,

Statistics and/or Probability,

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 industryaligned. 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,

Oklahoma Statutes - Title 70. Schools

i.

j.

k.

l.

m.

n.

o.

Physiology,

Astronomy,

Applied Biology/Chemistry,

Applied Physics,

Principles of Technology,

qualified agricultural education courses,

(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

Oklahoma Statutes - Title 70. Schools

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 20232024 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,

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. 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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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 200708 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.

Oklahoma Statutes - Title 70. Schools

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 1111 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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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;

Oklahoma Statutes - Title 70. Schools

5. Two units or sets of competencies of the same world or nonEnglish 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,

Oklahoma Statutes - Title 70. Schools

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 industryaligned. 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,

Oklahoma Statutes - Title 70. Schools

f.

g.

h.

i.

j.

k.

l.

m.

n.

o.

Earth Science,

Botany,

Zoology,

Physiology,

Astronomy,

Applied Biology/Chemistry,

Applied Physics,

Principles of Technology,

qualified agricultural education courses,

(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,

Oklahoma Statutes - Title 70. Schools

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 20232024 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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 200708 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

Oklahoma Statutes - Title 70. Schools

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 1111 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 nonEnglish 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;

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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 industryaligned. 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,

Oklahoma Statutes - Title 70. Schools

l.

m.

n.

o.

Applied Physics,

Principles of Technology,

qualified agricultural education courses,

(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

Oklahoma Statutes - Title 70. Schools

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 20252026 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 fulltime 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.

Oklahoma Statutes - Title 70. Schools

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;

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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 1111 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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 twentyminute 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 selfmanagement skills and knowledge necessary to participate in physical

activity throughout life. Each school district shall establish

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

which each school district may elect to implement for the fifthgrade 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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

Added by Laws 1995, c. 298, § 1, eff. Nov. 1, 1995.

2019, c. 133, § 1, eff. July 1, 2019.

Amended by Laws

§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;

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§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 Artsin-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;

Oklahoma Statutes - Title 70. Schools

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 ageappropriate 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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

1971.

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

§70-12-2.

1971.

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

§70-12-3.

1971.

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

§70-12-4.

1971.

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

§70-12-5.

1971.

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

§70-12-6.

1971.

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

§70-12-7.

1971.

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

§70-12-8.

1971.

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

§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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§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.

1971.

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

§70-13-2.

1971.

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

§70-13-3.

1971.

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

§70-13-4.

1971.

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

§70-13-5.

1971.

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

§70-13-6.

1971.

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

§70-13-7.

1971.

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

Oklahoma Statutes - Title 70. Schools

§70-13-8.

1971.

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

§70-13-8a.

1971.

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

§70-13-9.

1971.

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

§70-13-10.

1971.

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

§70-13-11.

1971.

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

§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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 onehalf 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 tollfree 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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:

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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 8101.2 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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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-ofhearing students have appropriate, ongoing, and fully accessible

educational opportunities. It is essential that deaf and hard-ofhearing 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;

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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;

Oklahoma Statutes - Title 70. Schools

2. Exhibit a delay in their developmental age compared to their

chronological age of twenty-five percent (25%) or score one and onehalf 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.

Oklahoma Statutes - Title 70. Schools

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;

Oklahoma Statutes - Title 70. Schools

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 13124.1 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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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 16-103 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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 5110 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.

Oklahoma Statutes - Title 70. Schools

§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;

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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 CareerTechnology 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)

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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:

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

1974.

Repealed by Laws 1974, c. 152, § 4, emerg. eff. May 3,

§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

Oklahoma Statutes - Title 70. Schools

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 everincreasing 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;

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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 20192020 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

1971.

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

Oklahoma Statutes - Title 70. Schools

§70-14A-1b.

1971.

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

§70-14A-1c.

1971.

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

§70-14A-1d.

1971.

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

§70-14A-1e.

1971.

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

§70-14A-1f.

1971.

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

§70-14A-2.

1971.

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

§70-14B-1.

Repealed by Laws 1961, p. 555, § 1.

§70-14B-2.

1971.

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

§70-14B-3.

1971.

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

§70-14B-4.

1971.

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

§70-14c-13.

1971.

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

§70-14c-14.

1971.

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

§70-14c-16.

1971.

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

§70-14C-1.

1971.

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

§70-14C-2.

1971.

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

§70-14C-3.

1971.

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

Oklahoma Statutes - Title 70. Schools

§70-14C-4.

1971.

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

§70-14C-5.

1971.

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

§70-14C-6.

1971.

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

§70-14C-7.

1971.

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

§70-14C-8.

1971.

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

§70-14C-9.

1971.

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

§70-14C-10.

1971.

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

§70-14C-11.

1971.

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

§70-14C-12.

1971.

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

§70-14C-17.

1971.

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

§70-15-1.

1971.

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

§70-15-2.

1971.

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

§70-15-3.

1971.

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

§70-15-4.

1971.

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

§70-15-5.

1971.

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

§70-15-6.

1971.

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

Oklahoma Statutes - Title 70. Schools

§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.

1971.

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

§70-15-15.

1971.

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

§70-15-16.

1971.

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

§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.

Oklahoma Statutes - Title 70. Schools

§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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§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.

Oklahoma Statutes - Title 70. Schools

§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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

1971.

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

§70-16-2.

1971.

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

§70-16-3.

1971.

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

§70-16-4.

1971.

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

§70-16-5.

1971.

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

§70-16-6.

1971.

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

§70-16-6A.

1971.

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

§70-16-7.

1971.

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

§70-16-8.

1971.

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

§70-16-9.

1971.

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

§70-16-10.

1971.

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

Oklahoma Statutes - Title 70. Schools

§70-16-11.

1971.

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

§70-16-12.

1971.

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

§70-16-13.

1971.

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

§70-16-14.

1971.

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

§70-16-15.

1971.

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

§70-16-16.

1971.

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

§70-16-17.

1971.

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

§70-16-18.

1971.

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

§70-16-19.

1971.

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

§70-16-20.

1971.

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

§70-16-20a.

Repealed by Laws 1957, p. 506, § 1.

§70-16-20b.

Repealed by Laws 1957, p. 506, § 1.

§70-16-21.

1971.

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

§70-16-22.

1971.

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

§70-16-23.

1971.

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

§70-16-24.

Repealed by Laws 1961, p. 155, § 1.

Oklahoma Statutes - Title 70. Schools

§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 vicechair from its membership to serve for the year. The terms for

which new members from the congressional districts are appointed

Oklahoma Statutes - Title 70. Schools

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 sixyear 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 16101 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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;

Oklahoma Statutes - Title 70. Schools

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;

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

2002.

Repealed by Laws 2002, c. 2, § 24, emerg. eff. Feb. 15,

§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

Oklahoma Statutes - Title 70. Schools

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 stateappropriated 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 16111 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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§70-17-2.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§70-17-3.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§70-17-4.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§70-17-5.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§70-17-6.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

Oklahoma Statutes - Title 70. Schools

§70-17-7.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§70-17-8.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§70-17-9.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§70-17-10.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§70-17-11.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§70-17-12.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§70-17-13.

Repealed by Laws 1961, p. 555, § 1.

§70-17-14.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§70-17-15.

1969.

Repealed by Laws 1969, c. 157, § 17, operative Aug. 2,

§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

Oklahoma Statutes - Title 70. Schools

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 6122.3 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

Oklahoma Statutes - Title 70. Schools

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;

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 taxsheltered 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

g.

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,

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,

Oklahoma Statutes - Title 70. Schools

(j)

(2)

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

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,

Oklahoma Statutes - Title 70. Schools

(j)

h.

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

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

Oklahoma Statutes - Title 70. Schools

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 UniversityTulsa.

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

(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.

Oklahoma Statutes - Title 70. Schools

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).

Oklahoma Statutes - Title 70. Schools

(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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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, § 24122, 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.

Oklahoma Statutes - Title 70. Schools

§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 sixtyfive (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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 onetime 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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, § 24122, eff. July 2, 1971.

Oklahoma Statutes - Title 70. Schools

§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 thirtysix (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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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, § 24122, 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

Oklahoma Statutes - Title 70. Schools

(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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

1, 1988.

Repealed by Laws 1988, c. 321, § 45, operative July

§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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

c.

d.

e.

f.

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.

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.

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.

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.

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

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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, § 24122, 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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§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, § 24122, 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

Oklahoma Statutes - Title 70. Schools

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, § 24122, 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.

2010.

Repealed by Laws 2010, c. 392, § 6, emerg. eff. June 7,

§70-17-114.1.

1981.

Repealed by Laws 1981, c. 340, § 28, eff. July 1,

§70-17-114.2.

2024.

Repealed by Laws 2024, c. 300, § 10, eff. July 1,

Oklahoma Statutes - Title 70. Schools

§70-17-115.

10, 1980.

Repealed by Laws 1980, c. 68, § 1, emerg. eff. April

§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.

Oklahoma Statutes - Title 70. Schools

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:

Oklahoma Statutes - Title 70. Schools

(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 onehalf 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)

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 17116.8 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

Oklahoma Statutes - Title 70. Schools

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 17116.8 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

b.

c.

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.

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.

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

Oklahoma Statutes - Title 70. Schools

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 Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§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 Thirtytwo 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 Fortynine 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 17116.2 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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:

Oklahoma Statutes - Title 70. Schools

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:

Oklahoma Statutes - Title 70. Schools

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;

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 precap 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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

1979.

Repealed by Laws 1979, c. 286, § 6, eff. July 1,

§70-17-116.4.

1979.

Repealed by Laws 1979, c. 286, § 6, eff. July 1,

§70-17-116.5.

1982.

Repealed by Laws 1982, c. 329, § 9, eff. July 1,

§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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 statesupported 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

Oklahoma Statutes - Title 70. Schools

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;

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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.

1998.

Repealed by Laws 1998, c. 256, § 11, eff. July 1,

§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,

Oklahoma Statutes - Title 70. Schools

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.

June 30, 1999.

Repealed by Laws 1999, c. 254, § 11, emerg. eff.

§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’

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§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;

Oklahoma Statutes - Title 70. Schools

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.

10, 1980.

Repealed by Laws 1980, c. 68, § 1, emerg. eff. April

§70-17-118.

10, 1980.

Repealed by Laws 1980, c. 68, § 1, emerg. eff. April

§70-17-119.

1989.

Repealed by Laws 1989, c. 154, § 2, operative July 1,

§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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§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 17201 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

§70-18-2.

Repealed by Laws 1965, c. 397, § 21.

§70-18-2A.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

Oklahoma Statutes - Title 70. Schools

§70-18-3.

Repealed by Laws 1965, c. 397, § 21.

§70-18-3A.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

§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.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

§70-18-6.

Repealed by Laws 1965, c. 397, § 21.

§70-18-6A.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

§70-18-7.

Repealed by Laws 1965, c. 397, § 21.

§70-18-7A.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

§70-18-8.

Repealed by Laws 1951, p. 235, § 34.

§70-18-8A.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

§70-18-9.

Repealed by Laws 1965, c. 397, § 21.

§70-18-9A.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

§70-18-10.

Repealed by Laws 1965, c. 397, § 21.

§70-18-10A.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

§70-18-11.

Repealed by Laws 1965, c. 397, § 21.

§70-18-11A.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

§70-18-12.

Repealed by Laws 1965, c. 397, § 21.

Oklahoma Statutes - Title 70. Schools

§70-18-12A.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

§70-18-13A.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

§70-18-14A.

17, 1971.

Repealed by Laws 1971, c. 305, § 24, emerg. eff. June

§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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§70-18-103.1.

2003.

Repealed by Laws 2003, c. 415, § 46, eff. July 1,

§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

Oklahoma Statutes - Title 70. Schools

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.

1983.

Repealed by Laws 1983, c. 330, § 45, operative July 1,

§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

Oklahoma Statutes - Title 70. Schools

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 18113.1 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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

1, 1981.

Repealed by Laws 1981, c. 347, § 50, emerg. eff. July

§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 Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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; problemsolving; 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

Oklahoma Statutes - Title 70. Schools

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 Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 outof-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-ofhome 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

Oklahoma Statutes - Title 70. Schools

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-

Oklahoma Statutes - Title 70. Schools

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.

1, 1984.

Repealed by Laws 1984, c. 296, § 41, operative July

§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

Oklahoma Statutes - Title 70. Schools

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.

30, 1985.

Repealed by Laws 1985, c. 329, § 29, emerg. eff. July

§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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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 stateappropriated 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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

the class size limitations, through the issuance of bonds or

approval by voters of issuance of new bonds for more than eightyfive 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-

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§70-18-114.4.

2014.

Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1,

§70-18-114.5.

2014.

Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1,

§70-18-114.6.

2014.

Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1,

§70-18-114.7.

2014.

Repealed by Laws 2014, c. 205, § 1, eff. Nov. 1,

§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 onetime 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

Oklahoma Statutes - Title 70. Schools

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.

2004.

Repealed by Laws 2004, c. 119, § 5, eff. July 1,

§70-18-114.11.

2015.

Repealed by Laws 2015, c. 78, § 1, eff. Nov. 1,

§70-18-114.12.

Repealed by Laws 2013, c. 394, § 4.

§70-18-114.13. Appropriation of certified or support personnel

salary increases.

Oklahoma Statutes - Title 70. Schools

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.

2023.

Repealed by Laws 2023, c. 289, § 2, eff. July 1,

§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

Oklahoma Statutes - Title 70. Schools

21

$53,145

$54,306

22

$53,639

$54,799

23

$54,132

$55,292

24

$54,625

$55,785

25

$56,049

$57,232

26

$56,542

$57,725

27

$57,035

$58,218

28

$57,528

$58,711

29

$58,021

$59,204

30

$58,541

$59,724

31

$59,001

$60,184

32

$59,494

$60,677

33

$59,987

$61,170

34

$60,480

$61,663

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

Oklahoma Statutes - Title 70. Schools

$55,031

$55,524

$56,018

$56,511

$57,971

$58,464

$58,957

$59,450

$59,943

$60,463

$60,923

$61,416

$61,909

$62,402

$57,410

$57,903

$58,397

$58,890

$60,395

$60,888

$61,381

$61,874

$62,367

$62,887

$63,347

$63,840

$64,333

$64,826

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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;

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§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.

Oklahoma Statutes - Title 70. Schools

§70-18-153. Development and adoption of four-year capital

improvement plan.

A. Each local school district shall develop and adopt a fouryear 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.

27, 1998.

Repealed by Laws 1998, c. 274, § 10, emerg. eff. May

§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

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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,

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

.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

Oklahoma Statutes - Title 70. Schools

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%

Oklahoma Statutes - Title 70. Schools

$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 Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

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, §

Oklahoma Statutes - Title 70. Schools

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 18200.1 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

Oklahoma Statutes - Title 70. Schools

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 1113 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

Oklahoma Statutes - Title 70. Schools

g.

h.

i.

j.

k.

l.

m.

n.

Gifted

Multiple Disabilities

Orthopedic Impairment

Speech or Language Impairment

Bilingual

Special Education Summer Program

Economically Disadvantaged

Optional Extended School Year

Program

.34

2.4

1.2

.05

.25

1.2

.3

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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.

Oklahoma Statutes - Title 70. Schools

§70-19-101.

1987.

Repealed by Laws 1987, c. 204, § 134, operative July 1,

§70-19-102.

1987.

Repealed by Laws 1987, c. 204, § 134, operative July 1,

§70-19-103.

1987.

Repealed by Laws 1987, c. 204, § 134, operative July 1,

§70-19-104.

1987.

Repealed by Laws 1987, c. 204, § 134, operative July 1,

§70-19-105.

1987.

Repealed by Laws 1987, c. 204, § 134, operative July 1,

§70-19-106.

1987.

Repealed by Laws 1987, c. 204, § 134, operative July 1,

§70-19-107.

1987.

Repealed by Laws 1987, c. 204, § 134, operative July 1,

§70-19-108.

1987.

Repealed by Laws 1987, c. 204, § 134, operative July 1,

§70-19-109.

1987.

Repealed by Laws 1987, c. 204, § 134, operative July 1,

§70-19-110.

1987.

Repealed by Laws 1987, c. 204, § 134, operative July 1,

§70-19-111.

1987.

Repealed by Laws 1987, c. 204, § 134, operative July 1,

§70-19-112.

1987.

Repealed by Laws 1987, c. 204, § 134, operative July 1,

§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.

Oklahoma Statutes - Title 70. Schools

§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 19113 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.

Oklahoma Statutes - Title 70. Schools

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

Oklahoma Statutes - Title 70. Schools

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 firstserve 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.

1971.

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

Oklahoma Statutes - Title 70. Schools

§70-20-2.

1971.

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

§70-20-3.

1971.

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

§70-20-4.

1971.

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

§70-20-5.

1971.

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

§70-20-6.

1971.

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

§70-20-7.

1971.

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

§70-20-8.

1971.

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

§70-20-9.

1971.

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

§70-20-10.

1971.

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

§70-20-11.

1971.

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

Frequently Asked Questions About Oklahoma § 70-8

What does Oklahoma Statutes § 70-8 cover?

Section 70-8 is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Oklahoma § 70-8?

A common citation format is "Oklahoma Statutes § 70-8" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Oklahoma law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.

How does Oklahoma § 70-8 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.