Oklahoma § 70-1
Full text of Oklahoma Oklahoma Statutes § 70-1, with citation guidance and answers to common questions.
§ 70-1.
Repealed by Laws 1941, p. 416, § 8.
§70-1-1.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-2.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-3.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-4.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-5.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-6.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-7.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-8.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-9.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-10.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
Oklahoma Statutes - Title 70. Schools
§70-1-11.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-12.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-13.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-14.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-15.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-16.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-17.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-18.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-19.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-20.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-21.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-1-101. Oklahoma School Code.
This act shall be known as the Oklahoma School Code.
Added by Laws 1971, c. 281, § 1-101, eff. July 2, 1971.
§70-1-102. Purpose of act.
The purpose of the Oklahoma School Code is to provide for a
state system of public school education and for the establishment,
organization, operation and support of such state system.
Added by Laws 1971, c. 281, § 1-102, eff. July 2, 1971.
§70-1-103. Act to be liberally construed.
If any section or part of the Oklahoma School Code is found to
be ambiguous or otherwise subject to more than one interpretation,
such section shall be liberally construed to the extent that the
Oklahoma Statutes - Title 70. Schools
general purpose of the entire Code and of public education may be
advanced.
Added by Laws 1971, c. 281, § 1-103, eff. July 2, 1971.
§70-1-104. Act not to repeal or modify tax laws unless specifically
provided.
Nothing in the Oklahoma School Code shall be interpreted as
repealing or modifying any law in effect in the State of Oklahoma
relative to the collection of any taxes unless specifically provided
for herein, and all appropriations existing at the time this Code
becomes effective shall be subject to all provisions of said
appropriations at the time of their enactment and no omission of or
reference to any appropriations shall be construed as repealing any
such appropriation or part thereof.
Added by Laws 1971, c. 281, § 1-104, eff. July 2, 1971.
§70-1-105. State Department of Education - State Board of Education
- State Superintendent of Public Instruction - Definitions.
A. The State Department of Education is that department of the
state government in which the agencies created or authorized by the
Constitution and Legislature are placed and charged with the
responsibility of determining the policies and directing the
administration and supervision of the public school system of the
state. These agencies are the State Board of Education, the State
Superintendent of Public Instruction and any divisions and positions
as may be established by law, by the State Board of Education or by
the State Superintendent of Public Instruction.
B. The State Board of Education is that agency in the State
Department of Education which shall be the governing board of the
public school system of the state.
C. The State Superintendent of Public Instruction is the
official provided for in Section 1 of Article VI of the Oklahoma
Constitution who shall be the executive officer of the State Board
of Education and have control of and direct the State Department of
Education.
Added by Laws 1971, c. 281, § 1-105, eff. July 2, 1971. Amended by
Laws 1990, c. 293, § 6, eff. Sept. 1, 1990; Laws 2011, c. 31, § 1.
§70-1-106. Public schools - Definition - What included.
The public schools of Oklahoma shall consist of all free schools
supported by public taxation and shall include nurseries,
kindergartens, elementary, which may include either K-6 or K-8,
secondary schools and technology center schools, not to exceed two
(2) years of junior college work, night schools, adult and other
special classes, vocational and technical instruction and such other
school classes and instruction as may be supported by public
Oklahoma Statutes - Title 70. Schools
taxation or otherwise authorized by laws which are now in effect or
which may hereafter be enacted.
Added by Laws 1971, c. 281, § 1-106, eff. July 2, 1971. Amended by
Laws 2001, c. 33, § 64, eff. July 1, 2001.
§70-1-107. Educational services - Enumeration.
Either in conjunction with public schools or otherwise under the
control and supervision of school agencies and officials provided by
law for the control and supervision of public schools, other
educational services may include health activities, school lunch
programs, audiovisual education, safety education, vocational
rehabilitation, education of exceptional and handicapped children,
playground and physical education activities and such other special
services, functions, and activities as may be authorized by law or
by regulation of the State Board of Education.
Laws 1971, c. 281, § 1-107, eff. July 2, 1971.
§70-1-107.1. Technology - Generally defined for educational and
governmental purposes.
A. Unless otherwise specifically defined, technology is applied
knowledge. For educational and governmental purposes, technology
shall include but not be limited to information technology,
telecommunications technology and implemental technology.
Information technology shall include but not be limited to
computers, computer hardware, scanners, multimedia material,
facsimile, e-mail, computer software, CD ROM material or other
magnetic media, computer simulations, video, the World Wide Web
(WWW) or Internet, Listservs, multiuser domains and other technology
used in distance learning or distance education. Telecommunications
technology shall include but not be limited to local area networks
and wide area networks. Implemental technology shall include but
not be limited to implements, equipment, instruments or devices that
promote the technology education process and are employed in the
science or study of the practical, industrial, or mechanical arts or
applied sciences.
B. The provisions of subsection A of this section shall apply
when related to the expenditure of public funds by educational and
governmental entities.
Added by Laws 1998, c. 90, § 1, emerg. eff. April 9, 1998.
§70-1-108. School district - Definition.
A school district is defined as any area or territory comprising
a legal entity, whose primary purpose is that of providing free
school education, whose boundary lines are a matter of public
record, and the area of which constitutes a complete tax unit.
Added by Laws 1971, c. 281, § 1-108, eff. July 2, 1971.
Oklahoma Statutes - Title 70. Schools
§70-1-109. Length of school year - School for less than full year –
Extended-day schedule - Closure for inclement weather.
A. For all public schools in this state, school shall actually
be in session and classroom instruction offered:
1. For not less than one hundred eighty-one (181) days;
2. For not less than one thousand eighty-six (1,086) hours each
school year, if a district board of education adopts a school-hours
policy and notifies the State Board of Education prior to October 15
of the applicable school year;
3. Beginning with the 2025-2026 school year, for not less than
one thousand eighty-six (1,086) hours with a minimum of one hundred
sixty-six (166) days of instruction each school year, if a district
board of education adopts a school-hours policy and notifies the
State Board of Education prior to October 15 of the applicable
school year; or
4. Beginning with the 2025-2026 school year, for not less than
one thousand eighty-six (1,086) hours each school year, if a
district board of education adopts a school-hours policy, notifies
the State Board of Education prior to October 15 of the applicable
school year, and meets the requirements established by the State
Board of Education pursuant to subsection H of this section.
B. A school district may not count more than thirty (30) hours
each school year that are used for attendance of professional
meetings toward the one hundred eighty-one (181) days or one
thousand eighty-six (1,086) hours of classroom instruction time
required in subsection A of this section.
C. Teachers off contract with an employing district shall not
be required by the employing school district to attend professional
meetings unless the teacher is paid additional compensation for the
additional time. Teachers may be paid additional compensation for
attending professional meetings in excess of their contract term.
Subject to district board of education policy or collective
bargaining agreement, additional paid professional days may be
granted for individual teachers to attend or participate in
professional meetings, staff development training, or National Board
certification portfolio development as provided for in Section 6204.2 of this title.
D. A school district may authorize parent-teacher conferences
to be held during a regular school day. If authorized by the school
district, parent-teacher conferences shall be counted as classroom
instruction time for no more than six (6) hours per semester, for a
total of twelve (12) hours per school year.
E. A school district may maintain school for less than a full
school year only when conditions beyond the control of school
authorities make the maintenance of the term impossible and the
State Board of Education has been apprised and has expressed
concurrence in writing.
Oklahoma Statutes - Title 70. Schools
F. The State Board of Education shall establish criteria for an
extended-day schedule for schools subject to paragraph 1 of
subsection A of this section. The criteria shall:
1. Prescribe a lengthened school day within limits determined
not to be detrimental to quality instruction;
2. Ensure that the schedule is equivalent in annual hours of
instruction to the one-hundred-eighty-one-day school year specified
in paragraph 1 of subsection A of this section; and
3. Be consistent with the provisions of this section and
Sections 1-111 and 1-112 of this title but may result in fewer
annual days of instruction.
G. Notwithstanding the provisions of subsection F of this
section, a school district board of education subject to paragraph 1
of subsection A of this section may adopt and implement an extendedday schedule subject to the following requirements:
1. The annual number of hours of instruction shall equal or
exceed one thousand eighty-six (1,086) hours, which is the
equivalent of one hundred eighty-one (181) days of instruction as
specified in subsection A of this section for six (6) hours each day
as specified in Section 1-111 of this title;
2. The annual number of days of instruction shall equal or
exceed one hundred eighty-one (181) days as specified in subsection
A of this section;
3. The schedule adopted shall be consistent with the provisions
of Sections 1-111 and 1-112 of this title, except that for not more
than one (1) day per week, a school day shall consist of not less
than five (5) hours devoted to academic instruction in a regular
classroom setting;
4. The district shall hold a public hearing prior to the
adoption of an extended-day schedule authorized pursuant to this
subsection; and
5. The district shall document the impact on student
achievement as determined by the academic performance data score and
any other relevant factors that are a result of implementation of an
extended-day schedule authorized pursuant to this subsection and
provide an annual report to the State Board of Education of the
results. If improvement in student achievement cannot be documented
in the report, the district board of education shall revoke
authorization as provided by this subsection. If the district board
of education does not revoke authorization after student achievement
is not documented in the report, the State Board of Education may
deny accreditation of any school in violation of this subsection.
H. Beginning with the 2021-2022 school year, a school district
board of education may adopt a school-hours policy as provided for
by paragraph 4 of subsection A of this section only if it meets or
exceeds the minimum guidelines for student performance and school
district cost savings established by the State Board of Education.
Oklahoma Statutes - Title 70. Schools
The State Board of Education shall promulgate rules, subject to
approval by the Legislature, establishing the minimum guidelines for
student performance and school district cost savings.
I. If subject to paragraph 2 of subsection A of this section, a
district board of education or designee may elect to close a school
during the school day for inclement weather purposes. In such an
event, the number of hours incurred in classroom instruction time
prior to school closure shall be counted toward the one thousand
eighty-six (1,086) hours per year requirement.
J. 1. Except as provided for in paragraph 2 of this
subsection, beginning with the 2026-2027 school year a school
district or charter school shall not count days or portions of days
when school is closed and virtual instruction is provided toward the
one hundred eighty-one (181) days or one thousand eighty-six (1,086)
hours of classroom instruction time required by subsection A of this
section. For the purposes of this subsection, "virtual instruction"
means the use of the Internet or other digital information
transmission systems as a form of instruction.
2. Beginning with the 2026-2027 school year, a school district
or charter school may count up to two (2) days or twelve (12) hours
when school is closed and virtual instruction is provided toward the
one hundred eighty-one (181) days or one thousand eighty-six (1,086)
hours of classroom instruction time required by subsection A of this
section only if:
a.
the Superintendent of Public Instruction has approved
the virtual instruction plan submitted by a school
district board of education or charter school
governing board. A school district board of education
or charter school governing board shall approve its
virtual instruction plan, publish the plan on the
website for the school district or charter school, and
submit it to the Superintendent of Public Instruction
by November 1, 2025. The Superintendent shall approve
or disapprove all submitted virtual instruction plans
by January 31, 2026. A school district board of
education or charter school governing board shall
review its virtual instruction plan annually and
approve any necessary revisions for submission to the
Superintendent of Public Instruction by November 1
each subsequent year, and the Superintendent shall
approve or disapprove submitted plans by January 31
each subsequent year. If a plan is disapproved, the
school district board of education or charter school
governing board may approve a revised plan, publish it
on the website for the school district or charter
school, and submit it to the Superintendent. The plan
shall include a virtual needs assessment which shall
Oklahoma Statutes - Title 70. Schools
address availability of technology infrastructure to
deliver virtual instruction. The plan shall also
address how the school district or charter school
plans to provide:
(1) instruction to students on an Individualized
Education Program (IEP),
(2) child nutrition services, and
(3) transportation for students enrolled in
technology center school courses or programs,
b.
a state of emergency or proclamation has been issued
by the Governor for a specific reason relating to
school district or charter school operations, and
c.
the school district board of education or charter
school governing board approves the use of virtual
instruction.
3. The provisions of this subsection shall not apply to
statewide virtual charter schools or full-time virtual education
programs operated by a school district.
K. By June 30, 2027, and by June 30 each subsequent year, the
State Department of Education shall publish on its website and
electronically submit to the Governor, the President Pro Tempore of
the Senate, and the Speaker of the House of Representatives a report
with information regarding the use of virtual instruction as
authorized by subsection J of this section. The report shall
include, at a minimum:
1. The school districts and charter schools that closed school
and provided virtual instruction as authorized by subsection J of
this section and the length of time virtual instruction was
provided; and
2. The reason for which school was closed and virtual
instruction was provided.
L. Nothing in this section shall be construed as affecting the
right of an employing school district to require teachers as defined
in Section 6-101.3 of this title to work in excess of the one
thousand eighty-six (1,086) hours required for student instruction.
In addition, nothing in this section shall be construed to affect
the Fair Labor Standards Act of 1938 status of any school district
employee.
M. The provisions of this section shall not prohibit the
Oklahoma School for the Blind or the Oklahoma School for the Deaf
from adopting an alternative school-hours policy if the Oklahoma
School for the Blind or the Oklahoma School for the Deaf notifies
and receives approval from the State Board of Education prior to
October 15 of the applicable school year.
Added by Laws 1971, c. 281, § 1-109, eff. July 2, 1971. Amended by
Laws 1978, c. 22, § 1, emerg. eff. March 10, 1978; Laws 1979, c. 1,
§ 1, emerg. eff. March 8, 1979; Laws 1981, c. 290, § 1, eff. July 1,
Oklahoma Statutes - Title 70. Schools
1981; Laws 1982, c. 13, § 1, emerg. eff. March 17, 1982; Laws 1983,
c. 330, § 39, operative July 1, 1983; Laws 1984, c. 296, § 36,
operative July 1, 1984; Laws 1985, c. 143, § 1, eff. July 1, 1985;
Laws 1992, c. 324, § 4, eff. July 1, 1992; Laws 1998, c. 350, § 2,
emerg. eff. June 5, 1998; Laws 2002, c. 236, § 1, eff. July 1, 2002;
Laws 2006, c. 250, § 1, eff. July 1, 2006; Laws 2009, c. 103, § 1,
emerg. eff. April 24, 2009; Laws 2013, c. 83, § 1, eff. July 1,
2013; Laws 2013, c. 242, § 1, eff. Nov. 1, 2013; Laws 2016, c. 6, §
1, eff. July 1, 2016; Laws 2019, c. 490, § 1, eff. Sept. 1, 2019;
Laws 2025, c. 41, § 1; Laws 2025, c. 480, § 1, eff. July 1, 2025.
NOTE: Laws 1981, c. 81, § 1 repealed by Laws 1982, c. 13, § 2,
emerg. eff. March 17, 1982.
§70-1-109.1. Optional Extended School Year Program.
A. School districts shall have the option of establishing and
offering an extended school year according to the provisions of this
section. The Optional Extended School Year Program provided in
paragraph 15 of subsection A of Section 109 of this act means those
programs which school districts may provide at the district, site or
class level. For the purposes of this program, a school year shall
consist of either eleven (11) or twelve (12) months in which school
is offered in excess of two hundred (200) days of at least six (6)
hours each day. The purpose of the program shall be to improve
academic achievement of students participating in the extended
school year. The program shall be funded by means of the pupil
category weight to be determined by the State Board of Education
based upon an amount of funding specified in the State Board of
Education's annual appropriation and the level of participation.
B. The State Board of Education shall establish criteria for
participation in the program which shall include:
1. A competitive application process based upon requests for
proposals;
2. A plan for determining measurable results in terms of
academic achievement, pupil retention and other indicators of
educational success, including the remediation needs of the
district's students;
3. Diversified participation by school district size and
geographic location and by amount of school district budget. At
least one school district in each of the following categories shall
be included: General Fund of less than One Million Dollars
($1,000,000.00); General Fund of from One Million Dollars
($1,000,000.00) to Five Million Dollars ($5,000,000.00); General
Fund of from Five Million Dollars ($5,000,000.00) to Ten Million
Dollars ($10,000,000.00); and General Fund of Ten Million Dollars
($10,000,000.00) or more. Provided, participation in one of the
above categories may be disallowed if no district meeting such fund
requirements makes application for the program.
Oklahoma Statutes - Title 70. Schools
Added by Laws 1989, 1st Ex.Sess., c. 2, § 18, operative July 1,
1990.
§70-1-110.
24, 2009.
Repealed by Laws 2009, c. 103, § 6, emerg. eff. April
§70-1-111. School day - Six hours - Exceptions.
A. Except as otherwise provided for by law, a school day shall
consist of not less than six (6) hours devoted to school activities.
A district board of education may elect to extend the length of one
(1) or more school days to more than six (6) hours and reduce the
number of school days as long as the total amount of classroom
instruction time is not less than one thousand eighty (1,080) hours
per year as required pursuant to Section 1-109 of this title.
B. A school day for nursery, early childhood education,
kindergarten, and alternative education programs shall be as
otherwise defined by law or as defined by the State Board of
Education. Except as otherwise provided for in this subsection, not
more than one (1) school day shall be counted for attendance
purposes in any twenty-four-hour period. Two (2) school days, each
consisting of not less than six (6) hours, may be counted for
attendance purposes in any twenty-four-hour period only if one of
the school days is for the purpose of parent-teacher conferences
held as provided for in Section 1-109 of this title.
C. Except as provided in subsection D of this section, students
absent from school in which they are regularly enrolled may be
considered as being in attendance if the reason for such absence is
to participate in scheduled school activities under the direction
and supervision of a regular member of the faculty or to participate
in an online course approved by the district board of education.
The State Board of Education shall adopt rules to provide for the
implementation of supplemental online courses which shall include,
but not be limited to, provisions addressing the following:
1. Criteria for student admissions eligibility;
2. A student admission process administered through the
district of residence, which provides the ability for the student to
enroll in individual courses;
3. A process by which students are not denied the opportunity
to enroll in educationally appropriate courses by school districts.
For the purposes of this section, "educationally appropriate" means
any instruction that is not substantially a repeat of a course or
portion of a course that the student has successfully completed,
regardless of the grade of the student, and regardless of whether a
course is similar to or identical to the instruction that is
currently offered in the school district;
4. Creation of a system which provides ongoing enrollment
access for students throughout the school year;
Oklahoma Statutes - Title 70. Schools
5. A grace period of fifteen (15) calendar days from the first
day of an online course for student withdrawal from an online course
without academic penalty;
6. Mastery of competencies for course completion rather than
Carnegie units;
7. Student participation in extracurricular activities in
accordance with school district eligibility rules and policies and
any rules and policies of a private organization or association
which provides the coordination, supervision, and regulation of the
interscholastic activities and contests of schools;
8. Parent authorization for release of state test results to
online course providers, on a form developed by the State Department
of Education; and
9. A review process to identify and certify online course
providers and a uniform payment processing system.
D. Except as provided in paragraph 3 of this subsection,
students absent from school in which they are regularly enrolled
shall be given an excused absence if the reason for such absence is
to participate in scheduled 4-H activities or programs as approved
by the county 4-H educator. The number of excused absences allowed
pursuant to this subsection shall be subject to the attendance
policy of the school district board of education.
1. Upon request from a school principal or attendance officer,
a 4-H educator shall provide documentation as proof of student
participation in an activity or program sponsored by 4-H.
2. Students shall be given the opportunity to make up any
schoolwork missed while they are participating in activities or
programs sponsored by 4-H. Students shall not have their class
grades adversely affected for lack of attendance or participation
due to their participation in activities or programs sponsored by 4H.
3. A school principal or his or her designee shall not credit a
student who participates in an activity or program sponsored by 4-H
with an excused absence if the participation occurs during:
a.
the schedule established by the State Board of
Education for the administration of statewide student
assessments, or
b.
any period of time for which the student has been
disciplined, suspended, or expelled, if the terms of
punishment would preclude the student from
participating in an educational field trip or
extracurricular activity.
E. Each district board of education shall adopt policies and
procedures that conform to rules for online courses as adopted by
the State Board. Such policies shall include criteria for approval
of the course, the appropriateness of the course for a particular
student, authorization for full-time students to enroll in online
Oklahoma Statutes - Title 70. Schools
courses, and establishing fees or charges. No district shall be
liable for payment of any fees or charges for any online course for
a student who has not complied with the district's policies and
procedures. School districts shall not deny students the
opportunity to enroll in educationally appropriate courses and shall
provide an admissions process which includes input from the student,
the parent or legal guardian of the student, and school faculty.
F. Districts shall require students enrolled in online courses
to participate in the Oklahoma School Testing Program Act. Students
participating in online courses from a remote site will be
responsible for providing their own equipment and Internet access,
unless the district chooses to provide the equipment. Credit may
not be granted for such courses except upon approval of the State
Board of Education and the district board of education.
G. Nothing in this section shall prohibit a student who
transfers from the district in which the student resides to another
school district pursuant to the Education Open Transfer Act from
enrolling in a full-time virtual education program offered by the
receiving school district. A student who enrolls pursuant to this
subsection shall be subject to the provisions of Section 8-103.2 of
this title. The board of education of a school district with a
full-time virtual education program shall adopt a policy to
determine the number of transfer students the program has the
capacity to accept in each grade level, as provided for in Section
8-101.2 of this title.
H. Districts may provide students with opportunities for
blended instruction. "Blended instruction" shall mean a combination
of brick-and-mortar learning and virtual learning environments that
includes elements of a student's control over place, pace, and path
of learning. A student in blended instruction may work on virtual
courses at home or at school in a blended flex lab but shall
participate in at least one unit or set of competencies as defined
by Section 11-103.6 of this title at a physical school building in a
traditional classroom setting which is the academic equivalent of
one (1) hour per day for each instructional day in the school year
as defined by Section 1-109 of this title.
I. The school day for kindergarten may consist of six (6) hours
devoted to school activities.
Added by Laws 1971, c. 281, § 1-111, eff. July 2, 1971. Amended by
Laws 1989, c. 335, § 5, eff. July 1, 1989; Laws 1989, 1st Ex. Sess.,
c. 2, § 32, emerg. eff. April 25, 1990; Laws 1992, c. 324, § 5, eff.
July 1, 1992; Laws 1994, c. 290, § 68, eff. July 1, 1994; Laws 2001,
c. 427, § 1, emerg. eff. June 5, 2001; Laws 2002, c. 453, § 1, eff.
July 1, 2002; Laws 2003, c. 169, § 1, eff. July 1, 2003; Laws 2004,
c. 5, § 81, emerg. eff. March 1, 2004; Laws 2009, c. 103, § 2,
emerg. eff. April 24, 2009; Laws 2010, c. 352, § 1; Laws 2011, c.
368, § 1, eff. July 1, 2011; Laws 2012, c. 24, § 1, eff. July 1,
Oklahoma Statutes - Title 70. Schools
2012; Laws 2013, c. 203, § 1, eff. July 1, 2013; Laws 2016, c. 135,
§ 1, eff. July 1, 2016; Laws 2021, c. 563, § 4, emerg. eff. May 28,
2021; Laws 2022, c. 153, § 1, eff. July 1, 2022; Laws 2024, c. 4, §
1.
NOTE: Laws 2003, c. 40, § 1 repealed by Laws 2004, c. 5, § 82,
emerg. eff. March 1, 2004.
§70-1-112. School taught on Saturday.
School taught on Saturday shall not be counted for attendance
purposes in meeting the school year requirements as set forth in
Section 1-109 of this title. School taught on Saturday may be
substituted for regular school days during which school has been or
will be closed upon approval of the State Board of Education.
Added by Laws 1971, c. 281, § 1-112, eff. July 2, 1971. Amended by
Laws 2009, c. 103, § 3, emerg. eff. April 24, 2009.
§70-1-113. School district residency.
A. When used in this section, the residence of any child for
school purposes shall be:
1. The legal residence of the parents, guardian, or person
having legal custody.
Each school district board of education shall adopt a policy
establishing the requirements for student residency for that
district which provides for residence as described in this
paragraph. Within the discretion of each school district's board of
education, the policy may but is not required to allow for
establishment of residency by affidavit when an adult, whether a
relative or not, who does not fall within one of the categories
listed above, who holds legal residence in the school district, and
who has assumed permanent care and custody of the child files an
affidavit with the school district attesting that they have assumed
custody and the reasons for assuming custody. Any policy allowing
the establishment of residency by affidavit shall require the adult
who provides the affidavit to affirm in such affidavit that the
custody arrangement is permanent and that the adult contributes the
major degree of support to the child. If the school district policy
allows establishment of residency by affidavit, any person who
willfully makes a statement in the affidavit which the person knows
to be false shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment in the county jail for not more than one
(1) year or a fine of not more than Five Hundred Dollars ($500.00)
or both such fine and imprisonment. Each school district shall
include in its policy on residency any documentation necessary for
the administration of the policy;
2. The foster family home, as defined in Section 1-1-105 of
Title 10A of the Oklahoma Statutes, except a therapeutic foster
family home or a specialized foster home where a child is in
Oklahoma Statutes - Title 70. Schools
voluntary placement as defined in subsection D of this section, in
which the child has been placed:
a.
by the person or agency having legal custody of the
child pursuant to a court order, or
b.
by a state agency having legal custody of the child
pursuant to the provisions of Title 10A of the
Oklahoma Statutes.
Upon request of the foster parent, the residence of a child
in foster care for school purposes may be changed to the school
district in which the child resided prior to being placed in foster
care or the school district in which the previous foster family home
of the child is located;
3. Any orphanage or eleemosynary child care facility having
full-time care and custody;
4. Any eleemosynary child care facility in which a child is
placed by a parent or guardian for full-time residential care;
provided, the provision of this paragraph shall apply only to
children who attend a district school by joint agreement of the
school district and facility and who are not placed in the facility
through a state contract. For purposes of this paragraph,
"eleemosynary child care facility" means a facility:
a.
where child care and services are provided, and
b.
which is funded predominantly by benevolent or
charitable funds and is exempt from taxation pursuant
to the provisions of Section 501(c)(3) of the Internal
Revenue Code, 26 U.S.C., Section 501(c)(3);
5. Any state-operated institution in which a child has been
placed by a parent or guardian or by a state agency having legal
custody of the child pursuant to the provisions of Title 10A or
Section 3-101 of Title 43A of the Oklahoma Statutes for care and
treatment due to a physical or mental condition of the child;
6. Any facility in which a child has been admitted and is
receiving on-site educational services as provided for in Section 3104.7 of this title;
7. The district in which a child who is entirely selfsupporting resides and attends school; or
8. A state-licensed children's emergency resource center or
state-operated emergency shelter.
B. No school district shall bear the cost of educating children
who are not residents of this state. A school district may furnish
educational services pursuant to contract as elsewhere provided by
law. A school district may furnish educational services pursuant to
a contract to children who do not reside in the United States of
America; provided, the children shall not be counted in the average
daily membership of the school district.
C. For the purpose of ensuring that a child placed in a
therapeutic foster family home, as defined in Section 1-1-105 of
Oklahoma Statutes - Title 70. Schools
Title 10A of the Oklahoma Statutes, receives an appropriate
education, no receiving school district shall be required to enroll
such a child if the enrollment would cause the proportion of
students in therapeutic foster family homes as compared to the
average daily membership of the receiving district for the preceding
school year to exceed two percent (2%). Children served by Head
Start may not be counted for the purpose of this paragraph unless
the child is on an individualized education program provided by the
school district. Any school district may enroll such students who
are outside the student's resident district in therapeutic foster
family home placements which exceed this limit if the school
determines it possesses the ability to provide such child an
appropriate education.
D. When a child does not meet the criteria for residency
provided in subsection A of this section and is placed in any of the
following entities which is out of the home of the child and not in
the school district in which the child legally resides:
1. A residential facility;
2. A treatment program or center, including the facility
operated pursuant to Section 485.1 of Title 63 of the Oklahoma
Statutes;
3. A therapeutic foster family home as defined in Section 1-1105 of Title 10A of the Oklahoma Statutes;
4. A specialized foster home, which is a specialized foster
home or an agency-contracted home under the supervision of and
certified as meeting the standards set by the Department of Human
Services and is funded through the Department of Human Services Home
and Community-Based Waiver Services Program; or
5. An acute psychiatric care facility,
the entity shall, if the child contends he or she resides in a
school district other than the district where the entity is located,
within eleven (11) days of admittance, notify the school district in
which the entity is located of the admittance.
For minors who are persons requiring psychiatric treatment as
defined by Title 43A of the Oklahoma Statutes, on-site educational
services shall be provided beginning on the eleventh day of
admission.
Upon provision of educational services to children pursuant to
the provisions of subsection F of this section, the receiving school
district shall receive the State Aid as defined in subsection C of
Section 18-110 of this title for those students.
Access to the due process procedure guaranteed to children with
disabilities shall be available to resolve disagreements about the
appropriateness of placements of children with disabilities.
E. The governing body of any state institution for children
operated pursuant to the provisions of Title 10A of the Oklahoma
Statutes or Section 3-101 of Title 43A of the Oklahoma Statutes and
Oklahoma Statutes - Title 70. Schools
the board of education of the school district in which the
institution is located or any other school district in the state
willing to provide necessary educational services may enter into a
contract whereby the district will maintain a school for the
children of the institution, in which event the residence of the
children for school purposes will be considered as being in the
district maintaining the school; provided, however, that upon
release from the school, a child shall be considered as a resident
of the originating school district for school purposes. The
governing body of the state institutions specified in this
subsection shall pay the costs for educating students placed in the
state institution less any amount of funds received for the students
by the school district contracting with the state institution to
provide necessary educational services.
F. 1. The school district in which an entity as described in
subsection D of this section exists to serve children in out-of-home
placements shall, upon request of the individual or agency operating
the entity, provide the educational services to which the children
in the entity are entitled subject to the limitations provided in
subsection C of this section. No person operating such an entity
may contract for the provision of educational services with any
school district other than the school district in which the entity
is located unless the school district in which the entity is located
agrees in writing to allow another school district to provide the
educational services or unless the person operating the entity
contracts with another school district for the provision of
educational services to be provided through remote Internet-based
courses. No person operating such an entity may contract for the
provision of educational services with more than one school
district.
2. Prior to location in a school district, the individual or
agency operating an entity described in subsection D of this section
which requires provision of educational services from the school
district shall notify the local board of education of its
anticipated educational needs. No school district shall be required
to provide educational services for students in the entity until at
least sixty (60) calendar days have elapsed from the time in which
the local board of education was initially notified of the need
unless the school district so agrees to provide the educational
services sooner. The provisions of this paragraph shall not apply
to therapeutic or specialized foster homes.
3. Educational services provided shall meet or exceed state
accreditation standards. No school district shall be responsible
for any expenses for students in an entity described in subsection D
of this section which are not directly related to the provision of
educational services. A school district shall not be obligated for
expenses of those students in an entity in the current school year
Oklahoma Statutes - Title 70. Schools
for whom educational services are requested after the first nine (9)
weeks of the current school year for the district if educational
services are requested for twelve or more students than were served
in the first nine (9) weeks, unless the school district chooses to
provide educational services for the current school year. Contracts
and agreements for provision of educational services may allow for
the use of public and private sources of support which are available
to share the costs of educational services and of therapies,
treatments, or support services. Otherwise valid obligations to
provide or pay for such services, such as Medicaid, shall remain in
effect for children who are eligible for the services from sources
other than the school district.
4. Upon the request of any residential facility which has
contracted with the Office of Juvenile Affairs to provide either a
regimented juvenile training program or a high-impact wilderness
camp to a minimum of forty students who have been adjudicated, a
school district may contract for the facility to provide the
educational services to those students. Under a contract, the
facility shall operate in accordance with all applicable laws,
including compliance with Section 18-114.14 of this title. The
contract shall include the State Aid generated by the students, less
a fee for administrative services which may be retained by the
school district, not to exceed ten percent (10%) of the total on an
annual basis. The school district shall exercise supervision over
the educational program in the facility and bear all responsibility
for required educational reporting. The school district shall
maintain access to all educational records for students in the
facility, and shall provide for the appropriate academic credit and
diplomas. The school district shall be indemnified against any
actions or penalties on the part of the facility which result in
adversity for the school district.
G. Any question as to the place of residence of any child for
school purposes shall be decided pursuant to procedures utilized by
the State Department of Education.
H. The receiving district shall notify the district of
residence immediately upon finding that the student requires special
education and related services and the district of residence shall
participate in planning the Individualized Education Program (IEP)
for the student and in subsequent reviews of the program in
accordance with the Individuals with Disabilities Education Act
(IDEA).
Added by Laws 1971, c. 281, § 1-113, eff. July 2, 1971. Amended by
Laws 1983, c. 150, § 1, operative July 1, 1983; Laws 1984, c. 182, §
1, emerg. eff. May 7, 1984; Laws 1985, c. 336, § 1, operative July
1, 1985; Laws 1986, c. 102, § 1, operative July 1, 1986; Laws 1987,
c. 122, § 1, eff. July 1, 1987; Laws 1989, c. 250, § 2, operative
July 1, 1989; Laws 1992, c. 262, § 3, emerg. eff. May 22, 1992; Laws
Oklahoma Statutes - Title 70. Schools
1994, c. 168, § 1, eff. July 1, 1994; Laws 1995, c. 231, § 8, eff.
Nov. 1, 1995; Laws 1996, c. 319, § 1, eff. July 1, 1996; Laws 1997,
c. 343, § 1, eff. July 1, 1997; Laws 1998, c. 362, § 1, eff. July 1,
1998; Laws 2002, c. 453, § 2, eff. July 1, 2002; Laws 2009, c. 234,
§ 154, emerg. eff. May 21, 2009; Laws 2014, c. 90, § 1, eff. July 1,
2014; Laws 2015, c. 54, § 27, emerg. eff. April 10, 2015; Laws 2015,
c. 363, § 1, eff. July 1, 2015; Laws 2017, c. 254, § 5, eff. Nov. 1,
2017.
NOTE: Laws 2014, c. 150, § 1 repealed by Laws 2015, c. 54, § 28,
emerg. eff. April 10, 2015.
§70-1-114. Free attendance - Admission to early childhood programs
- Enrollment in kindergarten and first grade - Nonresident tuition
fee.
A. All children between the ages of five (5) years on or before
September 1 and twenty-one (21) years on or before September 1 shall
be entitled to attend school free of charge in the district in which
they reside.
B. All children who are at least four (4) years of age but not
more than five (5) years of age on or before September 1 and who
have not attended a public school kindergarten shall be entitled to
attend half-day or full-day early childhood programs at any public
school in the state where such programs are offered; provided, no
child shall be required to attend any early childhood education
program. The following paragraphs shall govern early childhood
programs:
1. Children who are at least four (4) years of age but not more
than five (5) years of age on or before September 1 shall be
entitled to attend either half-day or full-day early childhood
programs in their district of residence free of charge as long as
the district has the physical facilities and teaching personnel to
accommodate the child. For purposes of calculation of State Aid,
children in an early childhood education program shall be included
in the average daily membership of the district providing the
program;
2. A child who has not reached the age of five (5) years on or
before September 1 and who resides in a district which does not
offer an early childhood program shall be eligible for transfer to a
district where an early childhood program is offered if the district
that offers the early childhood program has the capacity to accept
the child as provided for in the Education Open Transfer Act. A
district offering early childhood programs may refuse to accept a
nonresident child if the district does not have the capacity to
accommodate the child in an early childhood education class, as
provided for in the Education Open Transfer Act. If the child
requesting the transfer has not reached the age of four (4) years on
or before September 1, the district may refuse to accept the
Oklahoma Statutes - Title 70. Schools
nonresident child if the district determines the child is not ready
for an early childhood program. Children who are accepted in a
program outside their district of residence as provided in this
paragraph shall be included in the average daily membership of the
district providing the program for State Aid funding subject to the
State Aid formula weight limitations set forth in paragraph 1 of
this subsection; and
3. The State Board of Education shall promulgate rules that
create exemptions relating to the maximum age at which a child may
attend half-day or full-day early childhood programs.
C. No child shall be enrolled in kindergarten unless he or she
will have reached the age of five (5) years on or before September 1
of the school year. No child shall be enrolled in the first grade
unless he or she will have reached the age of six (6) years on or
before September 1 of the school year.
D. 1. No nonresident and nontransferred pupil shall be allowed
to attend school in any school district unless a tuition fee equal
to the per capita cost of education for a similar period in such
district during the preceding year has been paid to the receiving
district in advance yearly or by semester as determined by the
district board of education of the receiving district. If the State
Board of Education discovers that the attendance has been allowed
without prior payment of the tuition fee in advance as required, no
further payment of any State Aid funds shall be made to the district
until the district has shown to the satisfaction of the State Board
of Education that all tuition fees have been paid or that the pupil
will no longer be allowed to attend school until the required
tuition fee has been paid.
2. The provisions of paragraph 1 of this subsection shall not
apply to a school district that enrolls nonresident students from a
contiguous, out-of-state school district if the district:
a.
does not receive payment of any State Aid funds, and
b.
has a per-pupil expenditure, as defined by Section 1124 of this title, that is above the state average
per-pupil expenditure.
A nonresident student whose resident district, as determined by
Section 1-113 of this title, is not within this state shall not be
eligible for State Aid. No local funding associated with the
nonresident student’s out-of-state resident district shall be
allocated or transferred to the receiving school district.
E. Any parent, guardian, person, or institution having care and
custody of a child who pays ad valorem tax on real property in any
other school district other than that in which that person resides
may, with the approval of the receiving school district, enroll the
child in any school district in which ad valorem tax is paid and
receive a credit on the nonresident tuition fee equal to the amount
of the ad valorem tax paid for school district purposes in the
Oklahoma Statutes - Title 70. Schools
school district in which the child is enrolled. Provided, the
credit shall not exceed the total amount required for the tuition
payment.
Added by Laws 1971, c. 281, § 1-114, eff. July 2, 1971. Amended by
Laws 1972, c. 93, § 1; Laws 1974, c. 21, § 1; Laws 1979, c. 114, §
1; Laws 1979, c. 204, § 1, eff. July 1, 1979; Laws 1989, c. 335, §
6, eff. July 1, 1989; Laws 1989, 1st Ex. Sess., c. 2, § 15, emerg.
eff. April 25, 1990; Laws 1990, c. 263, § 61, operative July 1,
1990; Laws 1992, c. 262, § 4, emerg. eff. May 22, 1992; Laws 1993,
c. 333, § 1, eff. July 1, 1993; Laws 1994, c. 220, § 1, eff. July 1,
1994; Laws 1998, c. 204, § 1, eff. July 1, 1998; Laws 2016, c. 4, §
1, eff. Nov. 1, 2016; Laws 2024, c. 258, § 1, eff. July 1, 2024.
§70-1-114.1. Foreign exchange students - Guidelines for acceptance.
Unless otherwise prohibited by federal law, school districts
may:
1. Only have to accept exchange students on J-1 visas, issued
pursuant to paragraph (a) (15) (J) of Section 1101 of Title 8 of the
United States Code, which hold the sponsoring organization
responsible;
2. Not have to accept exchange students on M-1 visas, issued
pursuant to paragraph (a) (15) (M) of Section 1101 of Title 8 of the
United States Code, which are for vocational or nonacademic students
or F-1 visas, issued pursuant to paragraph (a) (15) (F) of Section
1101 of Title 8 of the United States Code, which hold the school
responsible;
3. Use the governing regulations set by the United States
Information Agency (USIA) for Exchange Visitor Programs as
guidelines and standards for local schools;
4. Have the right to accept or reject any exchange student or
sponsoring organization not adhering to the USIA regulations; and
5. Have the right to reject any exchange student if the
student, legal custodian, or legal guardian is not a resident of the
district.
Added by Laws 1994, c. 212, § 1, eff. July 1, 1994.
§70-1-114.2. Operation as grantee of a federal Head Start program Calculation of state aid.
Any school district is hereby authorized to operate as a grantee
of a federal Head Start program. For purposes of calculating state
aid a school district may not count any child enrolled in or teacher
employed by a Head Start program operated by the district for the
portion of the day federal Head Start funds or state funds
appropriated for Head Start programs are received.
Added by Laws 2002, c. 437, § 5, eff. July 1, 2002.
§70-1-115.
Public school system – Administration.
Oklahoma Statutes - Title 70. Schools
The public school system in Oklahoma shall be administered by
the State Department of Education, State Superintendent of Public
Instruction, boards of education of school districts, and
superintendents of school districts.
Added by Laws 1971, c. 281, § 1-115, eff. July 2, 1971. Amended by
Laws 2011, c. 31, § 2.
§70-1-116. Positions in school system - Definitions.
As used in this title:
1. "Teacher" means any person who is employed to serve as
district superintendent, principal, supervisor, counselor,
librarian, school nurse, athletic trainer, or classroom teacher or
in any other instructional, supervisory or administrative capacity.
The person shall not be deemed qualified unless the person holds a
valid certificate issued by and in accordance with the rules of the
State Board of Education or the rules of the State Board of Career
and Technology Education, to perform the particular services for
which the person is employed;
2. "Superintendent" or "superintendent of schools" means the
executive officer of the board of education and the administrative
head of the school system of a district maintaining an accredited
school, provided the person holds an administrator's certificate
recognized by the State Board of Education;
3. "Principal" means any person other than a district
superintendent of schools having supervisory or administrative
authority over any school or school building having two or more
teachers. A teaching principal shall be a principal who devotes at
least one-half (1/2) the time school is in session to classroom
teaching. Teaching principals shall be required to hold
administrative certificates;
4. "Teachers" means, for purposes of complying with the State
Aid Law and other statutes, but not any other provision of law,
which apportion money on the basis of teaching units or the number
of teachers employed or qualified, all persons holding proper
certificates and connected in any capacity with the instruction of
pupils;
5. "Inductee" means any certified teacher who is employed in a
local school to serve as a classroom teacher under the guidance and
assistance of a mentor teacher or teachers;
6. "Student teacher" means any student who is enrolled in an
institution of higher learning approved by the State Board of
Education for teacher training and who is jointly assigned by the
institution of higher learning and a board of education of a school
district to perform practice teaching under the direction of a
regularly employed and certified teacher. A student teacher, while
serving an internship under the supervision of a certified teacher,
shall be accorded the same protection of the laws as that accorded
Oklahoma Statutes - Title 70. Schools
the certified teacher and shall be eligible to receive compensation
beginning on the first day of the internship for up to one full
school year; provided, however, that such compensation shall not be
considered compensation for purposes of teacher retirement or the
minimum salary schedule;
7. "School nurse" means a person employed full time by a board
of education who is a registered nurse licensed by the Oklahoma
State Board of Nurse Registration and Nursing Education and is
certified the same as a teacher by the State Board of Education.
Provided, that any person who is employed as a full-time school
nurse in any school district in Oklahoma who is not registered on
July 2, 1971, may continue to serve in the same capacity; however,
such person shall, under rules adopted by the State Board of
Education, attend classes in nursing and prepare to become
registered. A school nurse employed by a board of education shall
be accorded the same protection of laws and all other benefits as a
certified teacher;
8. "Athletic trainer" means a person employed full time by a
board of education who is a Certified Athletic Trainer with current
certification from the Board of Certification of the National
Athletic Trainers' Association and is also currently licensed to
practice in the state in accordance with the State Board of Medical
Licensure and Supervision. An athletic trainer employed by a board
of education shall be accorded the same protection of laws and all
other benefits as a certified teacher; and
9. "Support employee" means an employee who provides those
services which are not performed by certified teachers, principals,
superintendents or administrators and which are necessary for the
efficient and satisfactory functioning of a school district.
Added by Laws 1971, c. 281, § 1-116, eff. July 2, 1971. Amended by
Laws 1973, c. 193, § 1, emerg. eff. May 17, 1973; Laws 1980, c. 284,
§ 15, emerg. eff. June 10, 1980; Laws 1989, 1st Ex. Sess., c. 2, §
58, emerg. eff. April 25, 1990; Laws 1993, c. 239, § 20, eff. July
1, 1993; Laws 1994, c. 345, § 1, eff. July 1, 1994; Laws 2014, c.
124, § 1, eff. July 1, 2014; Laws 2016, c. 360, § 1, eff. July 1,
2016; Laws 2017, c. 391, § 1, emerg. eff. June 8, 2017; Laws 2018,
c. 165, § 1, eff. Nov. 1, 2018; Laws 2019, c. 273, § 1, emerg. eff.
May 2, 2019; Laws 2021, c. 496, § 1, eff. July 1, 2021; Laws 2024,
c. 281, § 1, eff. Nov. 1, 2024.
§70-1-116.1. Teaching principal - Amount of time in classroom.
A teaching principal, as defined in Section 1-116 of Title 70 of
the Oklahoma Statutes, shall be permitted to devote less than onehalf (1/2) the time school is in session to classroom teaching only
when it has been determined by the State Board of Education that
such action is necessary for the satisfactory completion of the
Oklahoma Statutes - Title 70. Schools
school year. The State Board of Education shall adopt the necessary
criteria to provide for such contingency.
Added by Laws 1982, c. 342, § 8, emerg. eff. June 2, 1982.
§70-1-116.2. Application of medicine or sunscreen to students Vaccinations.
A. A school nurse, or in the absence of such nurse, an
administrator or designated school employees, pursuant to the
written authorization of the parent or guardian of the student, may:
1. Administer a nonprescription medicine;
2. Assist a student in applying sunscreen, a compound topically
applied to prevent a sunburn; and
3. Administer a filled prescription medicine as that term is
defined by Section 353.1 of Title 59 of the Oklahoma Statutes
pursuant to the directions for the administration of the medicine
listed on the label or as otherwise authorized by a licensed
physician.
B. In addition to the persons authorized to administer
nonprescription medicine and filled prescription medicine pursuant
to the provisions of subsection A of this section, a nurse employed
by a county health department and subject to an agreement made
between the county health department and the school district for
medical services, may administer nonprescription medicine and filled
prescription medicine pursuant to the provisions of this section.
C. Each school in which any medicine is administered pursuant
to the provisions of subsection A of this section shall keep a
record of the name of the student to whom the medicine was
administered, the date the medicine was administered, the name of
the person who administered the medicine and the type or name of the
medicine which was administered.
D. Medicine to be administered by the county or school nurse,
administrator or the designated persons and which is stored at the
school shall be properly stored and not readily accessible to
persons other than the persons who will administer the medication.
E. 1. A public school shall permit a student to possess and
self-apply sunscreen that is regulated by the Food and Drug
Administration without the written authorization of a parent, legal
guardian or physician.
2. As used in this subsection, "sunscreen" means a compound
topically applied to prevent sunburn.
F. The school shall keep on file the written authorization of
the parent or guardian of the student to administer medicine to the
student or to apply sunscreen on the student.
G. As provided in the Parents' Bill of Rights, a student shall
not be vaccinated at school or on school grounds or receive a
vaccine as part of the mobile vaccination effort without prior
written authorization, including the signature of the parent or
Oklahoma Statutes - Title 70. Schools
legal guardian of the student for the vaccine or group of vaccines
to be administered during a single visit.
H. A school nurse, county nurse, administrator or the
designated school employees shall not be liable to the student or a
parent or guardian of the student for civil damages for any personal
injuries to the student which result from acts or omissions of the
school or county nurse, administrator or designated school employees
in administering any medicine pursuant to the provisions of this
section. This immunity shall not apply to acts or omissions
constituting gross, willful or wanton negligence.
Added by Laws 1984, c. 192, 5, emerg. eff. May 14, 1984. Amended by
Laws 2018, c. 192, § 1, eff. July 1, 2018; Laws 2019, c. 474, § 1,
eff. Nov. 1, 2019.
§70-1-116.3. Self-administration of inhaled asthma or anaphylaxis
medication – School board epinephrine injector policy.
A. Notwithstanding the provisions of Section 1-116.2 of this
title, the board of education of each school district shall adopt a
policy on or before September 1, 2008, that permits the selfadministration of inhaled asthma medication by a student for
treatment of asthma, the self-administration of anaphylaxis
medication by a student for treatment of anaphylaxis and the selfadministration of replacement pancreatic enzymes by a student for
treatment of cystic fibrosis. The policy shall require:
1. The parent or guardian of the student to authorize in
writing the student's self-administration of medication;
2. The parent or guardian of the student to provide to the
school a written statement from the physician treating the student
that the student has asthma, anaphylaxis or cystic fibrosis and is
capable of, and has been instructed in the proper method of, selfadministration of medication;
3. The parent or guardian of the student to provide to the
school an emergency supply of the student's medication to be
administered pursuant to the provisions of Section 1-116.2 of this
title;
4. The school district to inform the parent or guardian of the
student, in writing, that the school district and its employees and
agents shall incur no liability as a result of any injury arising
from the self-administration of medication by the student; and
5. The parent or guardian of the student to sign a statement
acknowledging that the school district shall incur no liability as a
result of any injury arising from the self-administration of
medication by the student.
B. The school board of each school district that elects to
stock Epinephrine or inhalers shall amend the policy identified in
subsection A of this section.
1. The amended policy for Epinephrine shall require:
Oklahoma Statutes - Title 70. Schools
a.
the school district to inform the parent or guardian
of each student, in writing, that a school nurse or
school employee trained by a health care professional
or trained pursuant to subsection G of this section
may administer Epinephrine to a student whom the
school nurse or trained school employee in good faith
believes is having an anaphylactic reaction,
b.
a waiver of liability executed by a parent or guardian
be on file with the school district prior to the
administration of Epinephrine pursuant to paragraph 1
of this subsection, and
c.
the school district to designate the employee
responsible for obtaining the Epinephrine at each
school site.
2. The amended policy for inhalers shall require:
a.
the school district to inform the parent or guardian
of each student, in writing, that a school nurse or
school employee trained by a health care professional
may administer an inhaler to a student whom the school
nurse or trained school employee in good faith
believes is having respiratory distress,
b.
the school district to designate the employee
responsible for obtaining the inhalers and spacers or
holding chambers at each school site, and
c.
the school district to notify the parent or guardian
of a student after administration of an inhaler.
C. The school district and its employees and agents shall incur
no liability as a result of any injury arising pursuant to the
discharge or nondischarge of the powers provided for pursuant to
subparagraph a of paragraphs 1 and 2 of subsection B of this
section.
D. A licensed physician who has prescriptive authority may
write a prescription for Epinephrine and inhalers and spacers or
holding chambers to the school district in the name of the district
as a body corporate specified in Section 5-105 of this title which
shall be maintained at each school site. Such physician shall incur
no liability as a result of any injury arising from the use of
Epinephrine or the inhalers and spacers or holding chambers.
E. The school district may maintain at each school a minimum of
two Epinephrine devices and two inhalers with spacers or holding
chambers in a secure location. Provided, however, that nothing in
this section shall be construed as creating or imposing a duty on a
school district to maintain Epinephrine injectors or inhalers with
spacers or holding chambers at a school site or sites.
F. In the event a student is believed to be having an
anaphylactic reaction or respiratory distress, a school employee
shall contact 911 as soon as possible. If Epinephrine is
Oklahoma Statutes - Title 70. Schools
administered to a student, a school employee shall contact 911 as
soon as possible. The school district shall notify the parent or
guardian of any student who experiences a possible allergic reaction
as soon as possible.
G. The State Board of Education, in consultation with the State
Board of Health, shall develop model policies which school districts
shall use in compliance with this section. The model policies shall
include, at a minimum, required annual training for teachers and
school employees who are directly responsible for students on the
topics of food allergies, recognizing anaphylaxis, and instruction
on how to administer Epinephrine. The training shall be completed
before the school year begins or upon hiring the teacher or school
employee. Documentation certifying completion of the required
training shall be retained in the personnel file of the teacher or
school employee. The training may be provided online or in person
by the school nurse or a recognized food allergy and anaphylaxis
training program.
H. The State Board of Education, in consultation with the State
Board of Health, shall promulgate rules to implement this section.
I. As used in this section:
1. "Medication" means a metered dose inhaler or a dry powder
inhaler to alleviate asthmatic symptoms, prescribed by a physician
and having an individual label, an anaphylaxis medication used to
treat anaphylaxis including but not limited to Epinephrine
prescribed by a physician and having an individual label, or
replacement pancreatic enzymes prescribed by a physician and having
an individual label;
2. "Self-administration" means a student's use of medication
pursuant to prescription or written direction from a physician;
3. "Respiratory distress" means the perceived or actual
presence of coughing, wheezing or shortness of breath; and
4. "Inhaler" means a device that delivers a bronchodilator to
alleviate symptoms of respiratory distress that is manufactured in
the form of a metered-dose inhaler or dry-powder inhaler and that
may include a spacer or holding chamber that attaches to the inhaler
to improve the delivery of the bronchodilator.
J. The permission for self-administration of asthma,
anaphylaxis or replacement pancreatic enzyme medication is effective
for the school year for which it is granted and shall be renewed
each subsequent school year upon fulfillment of the requirements of
this section.
K. A student who is permitted to self-administer asthma,
anaphylaxis or replacement pancreatic enzyme medication pursuant to
this section shall be permitted to possess and use a prescribed
inhaler, anaphylaxis medication including but not limited to
Epinephrine, or replacement pancreatic enzyme medication at all
times.
Oklahoma Statutes - Title 70. Schools
Added by Laws 2003, c. 143, § 1, emerg. eff. April 28, 2003.
Amended by Laws 2008, c. 271, § 1, emerg. eff. May 27, 2008; Laws
2013, c. 397, § 1, eff. Nov. 1, 2013; Laws 2019, c. 125, § 1, eff.
July 1, 2019; Laws 2019, c. 276, § 1, eff. July 1, 2019; Laws 2025,
c. 184, § 2.
§70-1-117. General fund - Capital and noncapital expenditures.
A. The general fund of any school district is hereby defined as
a current expense fund and shall consist of all revenue or monies
that can legally be expended within a certain specified fiscal year,
but shall not be considered as including any money derived from a
special building fund levy made in accordance with the provisions of
Section 10 of Article X of the Oklahoma Constitution, nor shall it
include any monies derived from the sale of bonds issued under the
provisions of Section 26 of Article X of the Oklahoma Constitution.
All monies derived from the proceeds of the school levies made
pursuant to the provisions of Section 9 of Article X of the Oklahoma
Constitution shall be placed in the general fund provided by this
section. Expenditures from the general fund shall be noncapital in
nature. All monies derived from state-dedicated revenue, stateappropriated revenue unless otherwise provided for by law, and
county sources shall be placed in the general fund provided for by
this section. Except as provided for in subsections F, K, and L of
this section, a district shall not be authorized to make capital
expenditures as defined by this section from the general fund.
B. For purposes of this section, state-dedicated revenue shall
be any registration or license fees, taxes, or penalties collected
at the state level and distributed to common school districts.
County sources shall be all funds collected by the county and
distributed to common school districts but shall not include any
funds derived from the building fund levy made in accordance with
the provisions of Section 10 of Article X of the Oklahoma
Constitution or funds derived from the sinking fund levy made in
accordance with the provisions of Section 26 of Article X of the
Oklahoma Constitution.
C. For the purposes of this section, a capital expenditure
shall be an expenditure which results in the acquisition of fixed
assets or additions to fixed assets. Capital expenditures shall
include, but shall not be limited to, purchases of land or existing
buildings, purchases of real property, improvements of grounds and
sites for construction purposes, all expenditures for construction
of buildings unless authorized by the State Board of Education or
the State Board of Career and Technology Education upon application
to the appropriate state board pursuant to subsection F of this
section, additions to buildings, remodeling of buildings if such
remodeling involves changes to roof structures or load-bearing
walls, professional services, salaries and expenses of architects
Oklahoma Statutes - Title 70. Schools
and engineers hired or assigned to capital projects except for such
services, salaries, and expenses as are applicable in preparation
for a bond issue, expenditures for the initial installation and
extension of service systems and built-in heat or air equipment to
existing buildings, expenditures for the replacement of a building
which has been destroyed, installments and lease payments on
property including interest that have a terminal date and result in
the acquisition of property, and expenditures for preliminary
studies made prior to the time that authority to proceed with a
construction project is given if authority is received within the
same fiscal year that the expenditure was made.
D. Noncapital expenditures shall include, but shall not be
limited to, expenditures for maintenance, repair, and replacement of
property and equipment, initial or additional purchases of furniture
and equipment, direct expenses for maintenance of plant including
grounds, salaries for maintenance of plant including salaries for
the upkeep of grounds, and repair and replacement of building
structures which do not add to existing facilities and which do not
involve changes in roof structures or load-bearing walls and which
are not classified as a capital expenditure by this section.
E. The State Board of Education shall adopt and amend
regulations regarding the classification, definition, and financial
administration of funds, accounts, and expenditures in accordance
with the requirements of this section.
F. A school district shall be authorized to make capital
expenditures from the general fund to defray the cost of rebuilding
a school building only if a school building or facility has been
destroyed by a fire or natural disaster, such as flood, tornado, or
other act of God, or by an act of a public enemy of the United
States or this state and monies received by the district through
insurance coverage, federal reimbursement, contributions, and
allocation from the State Board of Education from the State Public
Common School Building Equalization Fund are insufficient to rebuild
the facility. Capital expenditures from the general fund pursuant
to this subsection shall be limited to an amount necessary to defray
the cost of rebuilding the facility which exceeds monies received by
the school district through insurance, federal reimbursement,
contributions, and state allocations.
G. Schools which receive gifts, donations, or stateappropriated monies for the purpose of capital expenditures or
projects shall place such monies in the building fund, as provided
by Section 1-118 of this title, and not in the general fund. School
districts which receive gifts, grants, or donations of monies for
noncapital expenditures may place the monies in the general fund,
and such monies shall not be required to be used during the year in
which the money was received but may accumulate from year to year.
Oklahoma Statutes - Title 70. Schools
H. School districts which receive monies from rental, sale, or
lease of buildings, impact aid monies, or grants, gifts, or
donations for capital purposes, whether from state, federal, or
other sources, may place such monies in the building fund authorized
by Section 1-118 of this title or the general fund authorized by
this section.
I. Any construction of a building included as a capital
expenditure from the general fund of a school district which is
authorized and has had a contractual agreement concerning such
construction executed prior to July 1, 1991, may be proceeded with
and completed as authorized prior to July 1, 1991, as a capital
expenditure from such general fund.
J. School districts receiving revenues authorized by Section 9B
of Article X of the Oklahoma Constitution shall be authorized to
make capital expenditures from the general revenue fund no greater
than the amount levied by the incentive millage.
K. Upon the approval of the State Board of Education, a school
district shall be authorized to make capital expenditures as defined
in this section from its general fund if:
1. A bond issue has been rejected at an election by the school
district electors voting on that question within the current school
year, as certified by the secretary of the county election board; or
2. The school district has voted indebtedness at any time
within the preceding three (3) school years through the issuance of
bonds or through 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 Board of Equalization for the current school year and
certifications by the Attorney General prior to April 1 of the
current school year. The State Board of Education shall establish
the rules to administer the provisions of this subsection which
shall include, but not be limited to, specification of a maximum
amount of general fund monies to be used for capital expenditures,
the purposes for which such funds may be expended, and the period of
time in which such funds shall be encumbered.
L. Other provisions of this section notwithstanding, a school
district shall be authorized to make capital expenditures from the
general fund if the total assessed property valuation per average
daily attendance is less than sixty percent (60%) of the state
average total assessed property valuation per average daily
attendance and if, for each year in which general fund revenue is
used for capital expenditures, the district has voted the five-mill
building fund levy authorized in Section 10 of Article X of the
Oklahoma Constitution and has voted indebtedness through the
issuance of new bonds for at least eighty-five percent (85%) within
the last three (3) years of the maximum allowable pursuant to the
Oklahoma Statutes - Title 70. Schools
provisions of Section 26 of Article X of the Oklahoma Constitution
as shown on the school district budget filed with the State Board of
Equalization for the current school year and certifications by the
Attorney General prior to April 1 of the school year. Provided, the
maximum amount of general fund revenue used for capital expenditures
pursuant to this subsection shall not exceed five percent (5%) of
the total yearly revenue to the general fund. Such fund may not be
used for capital expenditures for more than five (5) consecutive
years and may only be utilized for remodeling or construction of
classroom facilities and such ancillary facilities to such
classrooms as may be necessary. Provided, further, the
Superintendent of Public Instruction shall certify in writing, prior
to the expenditure of the funds for which provision is made in this
subsection, that such expenditures are in compliance with the
provisions of this subsection.
Added by Laws 1971, c. 281, § 1-117, eff. July 2, 1971. Amended by
Laws 1989, 1st Ex. Sess., c. 2, § 114, emerg. eff. April 25, 1990;
Laws 1991, c. 209, § 2, eff. July 1, 1991; Laws 1992, c. 324, § 6,
eff. July 1, 1992; Laws 1995, c. 153, § 2, emerg. eff. May 2, 1995;
Laws 2001, c. 33, § 65, eff. July 1, 2001; Laws 2002, c. 89, § 1,
eff. July 1, 2002; Laws 2003, c. 173, § 1, eff. July 1, 2003; Laws
2009, c. 250, § 1, eff. July 1, 2009; Laws 2025, c. 285, § 1, eff.
July 1, 2025.
§70-1-118. Building and operations fund - Definition.
The building fund of any school district shall consist of all
monies derived from the proceeds of a building fund levy of not to
exceed five (5) mills in any year, voted by the people of a school
district pursuant to the provisions of Article X, Section 10 of the
Oklahoma Constitution, monies appropriated by the state for the
purpose of capital expenditures or projects, monies allocated to a
school district by the State Board of Education from the State
Public Common School Building Equalization Fund and monies donated
to a school district for the purpose of capital projects or
improvements and may be used for erecting, remodeling, repairing or
maintaining school buildings, for purchasing furniture, equipment
and computer software to be used on or for school district property,
for repairing and maintaining computer systems and equipment, for
paying energy and utility costs, for purchasing telecommunications
utilities and services, for paying fire and casualty insurance
premiums for school facilities, for purchasing security systems, for
paying salaries of security personnel, for purchasing school buses,
or for one or more, or all, of such purposes. Proceeds of such
levies shall not be required to be used during the year for which a
levy is made but may accumulate from year to year until adequate for
the purposes intended. The building fund may also consist of monies
allocated to a school district via the federal Coronavirus Response
Oklahoma Statutes - Title 70. Schools
and Relief Supplemental Appropriation Act of 2021 (CRRSA) and the
federal American Rescue Plan Act of 2021 (ARP). The building fund
hereinabove defined is hereby declared to be a current expense fund,
but shall not be considered a part of the general operating fund.
No monies derived from the proceeds of the school levies made
pursuant to the provisions of Article X, Section 9 of the Oklahoma
Constitution may be placed in the building fund provided by this
section.
Added by Laws 1971, c. 281, § 1-118, eff. July 2, 1971. Amended by
Laws 1989, 1st Ex. Sess., c. 2, § 115, emerg. eff. April 25, 1990;
Laws 1991, c. 209, § 3, eff. July 1, 1991; Laws 1994, c. 319, § 1,
eff. Sept. 1, 1994; Laws 2010, c. 297, § 1, emerg. eff. June 6,
2010; Laws 2018, c. 161, § 1; Laws 2021, c. 495, § 1, eff. July 1,
2021; Laws 2024, c. 445, § 1, eff. July 1, 2024.
NOTE: Laws 2018, c. 161, § 1, amending this section, was contingent
upon the passage of Senate Joint Resolution No. 70, State Question
No. 801, Legislative Referendum No. 374, at election held on Nov. 6,
2018. State Question No. 801 did not pass at the election, the
amendment proposed by Laws 2018, c. 161, § 1, did not take effect.
§70-1-118.1. Building fund – Technology center school districts.
The building fund of any technology center school district shall
consist of all monies derived from the proceeds of a building fund
levy not to exceed five (5) mills in any year, voted by the people
of a school district pursuant to the provisions of Section 10 of
Article X of the Oklahoma Constitution, monies appropriated by the
state for the purpose of capital expenditures or projects, and
monies donated to a school district for the purpose of capital
projects or improvements and may be used for purchasing, providing,
erecting, remodeling, repairing or maintaining any of the following:
school buildings, furniture, computer systems and equipment,
software for instructional and noninstructional purposes, energy and
utility costs, telecommunications utilities and services, fire and
casualty insurance premiums for school facilities, security, student
transportation, grounds maintenance including parking lots and
sidewalks, instructional and maintenance equipment, or for one or
more, or all, of these purposes. Proceeds of the levies shall not
be required to be used during the year for which a levy is made but
may accumulate from year to year until adequate for the purposes
intended. The building fund defined in this section is hereby
declared to be a current expense fund, but shall not be considered a
part of the general operating fund. No monies derived from the
proceeds of the school levies made pursuant to the provisions of
Section 9B of Article X of the Oklahoma Constitution may be placed
in the building fund provided by this section.
Added by Laws 1994, c. 167, § 1, eff. July 1, 1994. Amended by Laws
1995, c. 257, § 1, emerg. eff. May 25, 1995; Laws 2001, c. 33, § 66,
Oklahoma Statutes - Title 70. Schools
eff. July 1, 2001; Laws 2010, c. 297, § 2, emerg. eff. June 6, 2010;
Laws 2012, c. 234, § 1, eff. July 1, 2012.
§70-1-119. Sinking fund - Definition.
The sinking fund of any district shall consist of all money
derived from ad valorem taxes or otherwise as provided by law for
the payment of bonds and judgments and interest thereon.
Added by Laws 1971, c. 281, § 1-119, eff. July 2, 1971.
§70-1-120.
1981.
Repealed by Laws 1981, c. 347, § 50, emerg. eff. July 1,
§70-1-121. Conflicting provisions.
The provisions of this act shall control over any conflicting
provisions in the laws of this state.
Laws 1976, Chapter 1, Section 2.
Laws 1976, c. 1, § 2.
§70-1-122. Contributions to Public School Classroom Support
Revolving Fund – Tax forms.
A. Each individual taxpayer required to file a state income tax
return and each corporation required to file a corporate tax return
who desires to contribute to the Public School Classroom Support
Revolving Fund created in Section 1-123 of this title may designate
the contribution on the appropriate income or corporate tax form.
The contribution may not increase or decrease the income or
liability of the taxpayer and may be made by reducing the tax refund
of a taxpayer by the amount designated or by accepting additional
payment from the taxpayer by the amount designated, whichever is
appropriate.
B. 1. The Oklahoma Tax Commission shall include on each state
individual income or corporate tax return form for tax years
beginning after December 31, 2011, an opportunity for the taxpayer
to donate for the benefit of the Public School Classroom Support
Revolving Fund. The instructions accompanying the tax form shall be
provided to the Oklahoma Tax Commission by the State Superintendent
of Public Instruction and shall contain a description of the purpose
for which the Public School Classroom Support Revolving Fund was
established and information on the use of monies from the tax
contribution.
2. Taxpayers who are entitled to refunds shall have the refunds
reduced by the amount designated by the taxpayer. The Oklahoma Tax
Commission shall annually determine the total amount designated plus
the amount received in excess payments and shall report the total
amount to the Office of the State Treasurer. The State Treasurer
shall credit the total amount to the Public School Classroom Support
Oklahoma Statutes - Title 70. Schools
Revolving Fund created in Section 1-123 of this title at the
earliest possible time.
C. The incremental cost of administration of contributions
shall be paid out of the fund to the Oklahoma Tax Commission from
amounts received pursuant to this section before funds are expended
for the purposes of the fund.
D. Pursuant to Section 2368.18 of Title 68 of the Oklahoma
Statutes, the income tax checkoff contained in this section is
hereby reauthorized effective January 1, 2019.
Added by Laws 2011, c. 336, § 1, eff. July 1, 2011. Amended by Laws
2018, c. 93, § 1, eff. July 1, 2018.
§70-1-123. Public School Classroom Support Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the State Board of Education to be designated the "Public
School Classroom Support 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
the state income tax checkoff as provided for in Section 1-122 of
this title, 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
classroom teachers 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 Public
School Classroom Support Revolving Fund, the State Board of
Education shall award one or more grants annually to classroom
teachers. The grants shall be used by the classroom teacher for
supplies, materials, or equipment for the class or classes taught by
the teacher. The Board shall determine the criteria for and
establish a process for the submission of grants 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 2011, c. 336, § 2, eff. July 1, 2011. Amended by Laws
2012, c. 304, § 587.
§70-1-124. Per-pupil expenditure defined - Expenditure categories.
A. Unless otherwise specifically defined, "per-pupil
expenditure" shall mean the aggregate current expenditures of school
districts, from all funding sources including federal funds, state
funds and local funds, plus the direct support aggregate current
Oklahoma Statutes - Title 70. Schools
expenditures of the state for the day-to-day operations of schools
and school districts from all funding sources including federal
funds, divided by the aggregate student membership number for the
same fiscal year for which the expenditures are determined. The
aggregate student membership number shall be the count of students
enrolled on October 1 or the school day closest to October 1 to whom
school districts in the state provide a public education. The
aggregate current expenditures shall include without limitation the
following categories of expenditures:
1. Instruction provided by school district instructional staff;
2. Academic instruction provided through career and technology
education programs in comprehensive schools or at technology center
schools that satisfy high school graduation requirements;
3. Instruction provided through concurrent classes that satisfy
high school graduation requirements;
4. Support services for students;
5. Support services for instructional staff;
6. Support services for general administration;
7. Support services for school administration;
8. Support services for business;
9. Operation and maintenance of plant services;
10. Student transportation services;
11. Child nutrition services; and
12. Enterprise services.
B. Aggregate current expenditures shall not include
expenditures for adult and community education, facilities
acquisition and construction services, debt services, property, and
other expenditures not related to the day-to-day operations.
C. The provisions of subsection A of this section shall apply
when related to the expenditure of public funds by educational and
governmental entities. When reporting or publishing the per-pupil
expenditure for any purpose, the State Department of Education shall
also report or publish each category of expenditure as listed in
subsection A of this section as well as the aggregate expenditure.
Added by Laws 2017, c. 191, § 1, eff. Nov. 1, 2017. Amended by Laws
2025, c. 189, § 1, eff. July 1, 2025.
§70-1-125. Restrooms in public schools.
A. As used in this section:
1. "Sex" means the physical condition of being male or female
based on genetics and physiology, as identified on the individual’s
original birth certificate;
2. "Multiple occupancy restroom or changing area" means an area
in a public school or public charter school building designed or
designated to be used by more than one individual at a time, where
individuals may be in various stages of undress in the presence of
Oklahoma Statutes - Title 70. Schools
other individuals. The term may include but is not limited to a
school restroom, locker room, changing room, or shower room;
3. "Coach" means a person employed by a public school district
or public charter school who is involved in the teaching or training
of students participating in a school-sponsored athletic activity;
and
4. "School-sponsored athletic activity" means a sporting event
that is supported and affiliated with the school such as games,
matches, and tournaments.
B. To ensure privacy and safety, each public school and public
charter school that serves students in prekindergarten through
twelfth grades in this state shall require every multiple occupancy
restroom or changing area designated as follows:
1. For the exclusive use of the male sex; or
2. For the exclusive use of the female sex.
C. Each public school or public charter school in this state
shall provide a reasonable accommodation to any individual who does
not wish to comply with the provisions of subsection B of this
section. A reasonable accommodation shall be access to a singleoccupancy restroom or changing room.
D. The provisions of this section shall not apply to
individuals entering a multiple occupancy restroom or changing area
designated for use by the opposite sex when entering in any of the
following circumstances:
1. For custodial, maintenance, or inspection purposes;
2. To render emergency medical assistance; or
3. If a suitable meeting room or area is not available, a coach
may enter a locker room before, during, or after a school-sponsored
athletic activity, provided:
a.
all students present are fully clothed,
b.
the coach shall be accompanied by at least one
additional adult at all times, and
c.
if the coach is the opposite sex of the students
present, the coach shall be accompanied by at least
one adult of the same sex as the students present.
The adult shall not be a current high school student.
E. 1. Each school district board of education and public
charter school governing board shall adopt a policy to provide
disciplinary action for individuals who refuse to comply with the
provisions of this section.
2. No school district board of education or charter school
governing board shall adopt a policy contrary to the provisions of
this section.
F. Upon a finding of noncompliance with the provisions of
subsections B, C, and D of this section by the State Board of
Education, the noncompliant school district or public charter school
shall receive a five percent (5%) decrease in state funding for the
Oklahoma Statutes - Title 70. Schools
school district or public charter school for the fiscal year
following the year of noncompliance.
G. A parent or legal guardian of a student enrolled in and
physically attending a public school district or public charter
school shall have a cause of action against the public school
district or public charter school for noncompliance with the
provisions of subsections B, C, and D of this section.
H. The State Board of Education shall promulgate rules to
implement the provisions of this section.
Added by Laws 2022, c. 323, § 1, emerg. eff. May 25, 2022. Amended
by Laws 2023, c. 283, § 1, eff. July 1, 2023.
§70-1-126. Use of cell phones and personal electronic devices in
schools.
A. As used in this section:
1. “Bell to bell” means the time between the first bell ringing
at the start of the school day to begin instructional time until the
dismissal bell at the end of the school day to end instructional
time; and
2. “Personal electronic device” means a personal device capable
of connecting to a smart phone, the Internet, or a cellular or Wi-Fi
network, or directly connecting to another similar device. Personal
electronic devices include, but are not limited to, smart watches,
smart headphones, laptops, tablets, and smart glasses. Personal
electronic devices shall not include school-issued or schoolapproved devices that are specifically limited for use in classroom
instruction.
B. 1. For the 2025-2026 school year, each school district
board of education shall adopt a policy prohibiting students from
using cell phones and personal electronic devices while on the
campus of a public school district from bell to bell. The policy
shall include disciplinary procedures for violations.
2. For the 2026-2027 school year and each school year
thereafter, each school district board of education may adopt a
policy prohibiting students from using cell phones and personal
electronic devices while on the campus of a public school district
from bell to bell.
C. The policy adopted pursuant to subsection B of this section
may provide for exceptions including, but not limited to:
1. Emergency use of cell phones or personal electronic devices
by students during the school day; and
2. Use of cell phones or personal electronic devices by
students who use them to monitor health issues.
Added by Laws 2025, c. 30, § 1.
Frequently Asked Questions About Oklahoma § 70-1
What does Oklahoma Statutes § 70-1 cover?
Section 70-1 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 § 70-1?
A common citation format is "Oklahoma Statutes § 70-1" (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 § 70-1 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.