Oklahoma § 70-1210.543 - Full state intervention - Administrative order Notice - Meeting

§ 70-1210.543. Full state intervention - Administrative order Notice - Meeting

A. Whenever the State Board of Education determines that an

elementary school district, as defined in Section 5-103 of Title 70

of the Oklahoma Statutes, has failed to meet financial requirements

for school districts or accreditation standards which negatively

affects education or could result in the elementary school district

not being able to operate for the remainder of the year, the Board

may issue an administrative order placing the elementary school

district under full state intervention. Prior to an order for full

state intervention being issued by the Board, the State Department

of Education shall notify the elementary school district that full

state intervention is likely. The elementary school district shall

have the opportunity to appear before the State Board of Education

by filing a request within fifteen (15) days of receipt of the

notice. At the meeting, the elementary school district

administration, school patrons, and board of education members shall

have an opportunity to provide information to the Board. The Board

may issue an order calling for full state intervention which shall

become effective immediately unless the order is stayed by a court

of competent jurisdiction. The order shall be effective for not

more than two (2) school years. The order may be extended upon

review of the Board. Any appeal of the order shall be made to the

district court of the county in which the elementary school district

is located.

Oklahoma Statutes - Title 70. Schools

B. Full state intervention by the State Board of Education may

include:

1. Developing and imposing a corrective action plan for the

elementary school district;

2. Appointing a superintendent to serve the elementary school

district; and

3. Selection of a federally recognized Indian tribe within the

State of Oklahoma to provide direct oversight of the elementary

school district or to assume complete control of the elementary

school district, provided the elementary school district is within

the boundaries of the tribe's jurisdiction.

C. For purposes of the Governmental Tort Claims Act, the

superintendent appointed by the state as provided for in subsection

B of this section shall be considered a state officer.

Added by Laws 2008, c. 439, § 8, eff. July 1, 2008.