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Repealed by Laws 1949, p. 607, art. 20, § 9.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Repealed by Laws 1971, c. 281, § 24-127, eff.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Repealed by Laws 1971, c. 281, § 24-127, eff.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Repealed by Laws 1971, c. 281, § 24-127, eff.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Repealed by Laws 1971, c. 281, § 24-127, eff.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Repealed by Laws 1971, c. 281, § 24-127, eff.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Repealed by Laws 1971, c. 281, § 24-127, eff.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Repealed by Laws 1971, c. 281, § 24-127, eff.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Repealed by Laws 1971, c. 281, § 24-127, eff.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Repealed by Laws 1971, c. 281, § 24-127, eff.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Repealed by Laws 1968, c. 393, § 4.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Repealed by Laws 1971, c. 281, § 24-127, eff.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Repealed by Laws 1971, c. 281, § 24-127, eff.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Repealed by Laws 1971, c. 281, § 24-127, eff.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.