Oklahoma § 70-3

Full text of Oklahoma Oklahoma Statutes § 70-3, with citation guidance and answers to common questions.

§ 70-3.

Repealed by Laws 1949, p. 607, art. 20, § 9.

Oklahoma Statutes - Title 70. Schools

§70-3-1.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-3-2.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-3-3.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-3-4.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-3-4.1.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-3-4.2.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-3-5.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-3-6.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-3-7.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-3-8.

1971.

Repealed by Laws 1971, c. 281, § 24-127, eff.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

§70-3-101. State Board of Education - Members - Travel expenses.

A. The State Board of Education shall consist of seven (7)

members. The State Superintendent of Public Instruction shall be a

member and the chairperson of the Board. The remaining six members

shall be appointed by the Governor by and with the advice and

consent of the Senate. Except as otherwise provided for in

subsection B of this section, upon assuming office each Governor

shall appoint one member from each congressional district and one

member from the state at large. Each appointment shall be made to

take effect on April 2. The term of each appointed member shall be

four (4) years. Appointed members shall serve until a successor is

appointed. Appointed members shall serve at the pleasure of the

Governor. Upon the occurrence of a vacancy the same shall be filled

by the Governor, subject to confirmation by the Senate at the next

session of the Legislature. The appointment to fill a vacancy shall

be made for the unexpired term.

Oklahoma Statutes - Title 70. Schools

B. On the effective date of this act, all appointed positions

of the current State Board of Education shall be deemed vacant and

the terms of persons serving on the Board shall be deemed

terminated. The Governor shall make initial appointments pursuant

to the provisions of this subsection within thirty (30) days of the

effective date of this act, with one member appointed from each

congressional district and one member appointed from the state at

large. The appointments shall be subject to confirmation by the

Senate at the next session of the Legislature. The terms for

members appointed pursuant to this subsection shall terminate on

April 2, 2015. Thereafter, members shall be appointed as provided

for in subsection A of this section.

C. No person shall be eligible to be appointed to serve on the

Board unless the person has been awarded a high school diploma or

certificate of high school equivalency. No person shall be

appointed to serve on the Board if the person serves on a board of

education of a school district which is supervised by the Board

pursuant to Section 3-104 of this title. Any member appointed to

the Board shall complete the workshop requirements of a new school

board member pursuant to Section 5-110 of this title within thirteen

(13) months following or preceding the appointment of the member.

Notwithstanding any provision of law to the contrary, the State

Department of Education shall not charge any member of the State

Board of Education a fee for any workshop provided by the Department

for board members pursuant to Section 5-110 of this title and shall

not pay a fee to any organization or institution of higher education

on behalf of a member of the State Board of Education, or reimburse

any member of the Board for a fee paid to any organization or

institution of higher education, for attendance at a workshop or

courses to satisfy the requirements of Section 5-110 of this title.

D. Members of the Board shall receive necessary traveling

expenses while in the performance of their duties in accordance with

the State Travel Reimbursement Act.

Added by Laws 1971, c. 281, § 3-101, eff. July 2, 1971. Amended by

Laws 1985, c. 178, § 52, operative July 1, 1985; Laws 1989, 1st

Ex.Sess., c. 2, § 40, emerg. eff. April 25, 1990; Laws 1992, c. 364,

§ 8, emerg. eff. June 4, 1992; Laws 1994, c. 210, § 1, emerg. eff.

May 20, 1994; Laws 2002, c. 375, § 15, eff. Nov. 5, 2002; Laws 2011,

c. 31, § 3; Laws 2011, c. 316, § 1; Laws 2023, c. 182, § 1, eff.

Nov. 1, 2023.

§70-3-102. Meetings.

The State Board of Education shall meet in regular session once

each month. Special meetings may be called by the president or by a

majority of the members of the Board.

Laws 1971, c. 281, § 3-102, eff. July 2, 1971.

Oklahoma Statutes - Title 70. Schools

§70-3-103. Quorum.

A quorum of the State Board of Education shall consist of four

members. No business may be transacted at any meeting unless a

quorum is present and every act of said Board shall be approved by a

majority of the membership of said Board.

Laws 1971, c. 281, § 3-103, eff. July 2, 1971.

§70-3-104. See the following versions:

OS 70-3-104v1 (SB 553, Laws 2025, c. 101, § 1)

OS 70-3-104v2 (HB 1277, Laws 2025, c. 445, § 1)

§70-3-104.1. Convicted persons not to receive certification for

instructional, supervisory or administrative position.

No person shall receive a certificate for an instructional,

supervisory, or administrative position in an accredited school of

this state who has been convicted of a felony, any crime involving

moral turpitude, knowingly and willfully failing to report suspected

abuse or neglect of a child in violation of Section 1-2-101 of Title

10A of the Oklahoma Statutes, or a felony violation of the narcotic

laws of the United States or this state, provided the conviction was

entered within the preceding ten-year period.

Added by Laws 1979, c. 91, § 1. Amended by Laws 2025, c. 101, § 2,

eff. July 1, 2025.

§70-3-104.2.

Repealed by Laws 2012, c. 354, § 10.

§70-3-104.3. Requirements for compliance with quality standards Loss or denial of accreditation.

A. The Legislature, recognizing its obligation to the children

of this state to ensure their opportunity to receive an excellent

education, and recognizing its obligation to the taxpayers of this

state to ensure that schooling is accomplished in an efficient

manner, hereby establishes requirements for compliance with quality

standards which the public schools and school districts, within the

limits of resources now or subsequently available, must meet.

B. State accreditation shall be withdrawn from or denied to

schools or school districts that do not meet the requirements of

Sections 2, 3, 6, 28, 29, 30, 44, 45, 46, 47, 48, and 49 of this

act, and the State Board of Education shall take action as required

by this act to ensure that students affected are enrolled in schools

that are able to maintain state accreditation. Nothing herein shall

be construed as prohibiting the withdrawing or denial of

accreditation for failure to meet requirements as elsewhere provided

by law.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 1, operative July 1, 1990.

§70-3-104.4.

Standards for accreditation.

Oklahoma Statutes - Title 70. Schools

A. The State Board of Education shall adopt standards for the

accreditation of the public schools in this state according to the

requirements of Section 3-104.3 et seq. of this title, to be

effective as set forth in Section 3-104.3 et seq. of this title.

The accreditation standards shall incorporate the curricular

standards established pursuant to Section 11-103.6 of this title.

The accreditation standards shall equal or exceed nationally

recognized accreditation standards to the extent that the standards

are consistent with an academic results oriented approach to

accreditation. The accreditation adopted by the State Board shall

encompass accreditation for elementary schools, middle schools,

junior high schools, and high schools. The accreditation standards

shall be made available for public inspection at the offices of the

State Department of Education.

B. Standards for accreditation adopted by the State Board of

Education shall include standards relating to the provision of

school counselors to the public school children of this state. The

State Board of Education shall require each local school district to

provide information regarding the number of counselors serving each

school site, the duties of all such counselors including all

administrative duties, the number of students served by each

counselor, and information regarding the number of counselors

employed per elementary school, middle school, junior high school

and high school.

C. 1. Except as otherwise provided, schools shall meet the

accreditation standards as a condition of continued accreditation.

Nothing herein shall be construed as preventing changes to the

adopted standards by the State Board of Education pursuant to the

Administrative Procedures Act.

2. The accreditation standards shall provide for deficiencies,

warnings, probation or nonaccredited status for schools that fail to

meet one or more of the standards.

3. The State Department of Education shall investigate a

complaint of failure to provide educational services or failure to

comply with accreditation standards within thirty (30) days of

receiving the complaint. If the State Department of Education

determines that a school has failed to comply with the accreditation

standards, the Department shall report the recommended deficiency,

warning, probation or nonaccredited accreditation status to the

State Board of Education within ninety (90) days. Before the State

Board of Education may change a school district's accreditation

status from a warning to probation, or from probation to nonaccredited based on a recommendation by the State Department of

Education as described in this paragraph, the school district shall

be given an opportunity to request a hearing before the State Board

of Education pursuant to the due process procedures adopted by the

Board as provided for in this subsection. The State Board of

Oklahoma Statutes - Title 70. Schools

Education shall send the applicable school district notice of a

right to a hearing within ten (10) working days of receiving the

recommendations. The hearing shall be conducted by the State Board

of Education. All notices shall be sent by certified mail, with the

postmark used to determine the timeliness of the notice. If the

school district fails to request a hearing within ten (10) working

days of receipt of such notice, the district's right to a hearing

shall be waived.

4. If a school district does not request a due process hearing

within ten (10) working days notice from the Board, and the school

or school district does not take action to comply with the

accreditation standards within ninety (90) days after a report is

filed by the Department, the Board shall withdraw accreditation for

the school.

5. The State Board of Education shall promulgate rules

regarding notice and hearing of accreditation status pursuant to

this section and in accordance with the Administrative Procedures

Act.

6. The State Board of Education accreditation rules shall

provide for warnings and for assistance to schools and school

districts whenever there is reason to believe a school is in danger

of losing its state accreditation.

D. If one or more school sites fail to receive accreditation as

required pursuant to this section or subsequently lose

accreditation, the State Board of Education shall close the school

and reassign the students to accredited schools within the district

or shall annex the district to one or more other districts in which

the students can be educated in accredited schools.

E. Standards for accreditation adopted by the State Board of

Education shall include standards relating to the provision of

educational services provided in partial hospitalization programs,

day treatment programs, day hospital programs, residential treatment

programs and emergency shelter programs for persons between the ages

of three (3) and twenty-one (21) years of age. The accreditation

standards shall apply to on-site and off-site educational services

provided by public school districts or state-accredited private

schools. Each school which is providing or is required to provide

educational services for students placed in a program as described

in this subsection shall be actively monitored by the State

Department of Education. The Department shall determine on an

ongoing basis if the educational program and services are in

compliance with the accreditation standards.

F. The State Board shall provide assistance to districts in

considering the possibility of meeting accreditation requirements

through the use of nontraditional means of instruction. The State

Board shall also assist districts in forming cooperatives and making

arrangements for the use of satellite instruction or other

Oklahoma Statutes - Title 70. Schools

instructional technologies to the extent that use of such

instructional means meets accreditation standards.

G. 1. Accreditation shall not be withdrawn from or denied nor

shall a penalty be assessed against a school or school district for

failing to meet the media materials and equipment standards, media

program expenditure standards and media personnel standards as set

forth in the accreditation standards adopted by the Board.

2. The provisions of paragraph 1 of this subsection shall cease

to be effective during the fiscal year which begins on the July 1

immediately succeeding the legislative session during which the

measure appropriating monies to the State Board of Education for the

financial support of public schools is enacted as law and such

appropriation amount is at least Fifty Million Dollars

($50,000,000.00) greater than the amount of money appropriated to

the State Board of Education for the financial support of public

schools for the fiscal year ending June 30, 2019, pursuant to

Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars

($50,000,000.00) shall not include any amount of appropriations

dedicated for support or certified employee salary increases.

Accreditation shall not be withdrawn from or denied nor shall a

penalty be assessed against a school or school district for failing

to meet the media personnel standards as set forth in accreditation

standards adopted by the Board.

H. 1. The State Board shall not assess a financial penalty

against any school district which is given a deficiency in

accreditation status during any fiscal year as provided for in this

subsection.

2. Beginning with the fiscal year which begins July 1, 2021, if

the amount of money appropriated to the State Board of Education for

the financial support of public schools including funds apportioned

pursuant to Section 426 of Title 63 of the Oklahoma Statutes, is at

least One Hundred Million Dollars ($100,000,000.00) greater than the

amount of money appropriated to the State Board of Education for the

financial support of public schools for the fiscal year ending June

30, 2019, pursuant to Chapter 146, O.S.L. 2018, a financial penalty

shall be assessed against any school districts that do not comply

with the class size limitations for kindergarten as provided for in

Section 18-113.2 of this title and class size limitations for grade

one as provided for in subsection A of Section 18-113.1 of this

title. Provided, the One Hundred Million Dollars ($100,000,000.00)

shall not include any amount of appropriations dedicated for support

or certified employee salary increases.

3. The State Department of Education shall submit a report on

statewide classroom sizes to the President Pro Tempore of the

Oklahoma State Senate and the Speaker of the Oklahoma House of

Representatives no later than January 1, 2022.

Oklahoma Statutes - Title 70. Schools

I. Except as provided for in subsection J of this section,

beginning with the 2019-2020 school year, evaluations of schools to

determine whether they meet the accreditation standards set forth in

accordance with this section shall occur once every four (4) years

on a schedule adopted by the State Board of Education. The Board

may interrupt the evaluation schedule provided in this subsection

for reasons including a change in the superintendent of the school

district; determination that one or more school district board

members have not met the continuing education requirements as

defined by this title; determination that the school district

falsified information submitted to any public city, county, state or

federal official or agency; initiation of an investigation by the

Board or a law enforcement agency; or other determination by the

Board that standards for accreditation are not being met by the

school district. The schedule adopted by the Board shall allow for

school districts receiving no deficiencies for two (2) consecutive

years to be reviewed for accreditation less than annually.

Provided, however, that schools shall be evaluated annually for the

purposes of:

1. Local, state and federal funding;

2. Health and safety;

3. Certification requirements for teachers, principals and

superintendents;

4. School board governance, including instructional and

continuing education requirements for school board members; and

5. Any other requirements under state or federal law.

J. Beginning with the 2019-2020 school year, if a public school

receives a deficiency on its accreditation report, the public school

shall be evaluated annually to determine if it meets the

accreditation standards set forth in accordance with this section.

If the public school receives no deficiencies for two (2)

consecutive years, the public school shall be subject to the

evaluation timeline established in subsection I of this section.

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

1990. Amended by Laws 1995, c. 188, § 1, eff. July 1, 1995; Laws

2010, c. 457, § 1; Laws 2012, c. 236, § 1, eff. July 1, 2012; Laws

2014, c. 311, § 1, eff. July 1, 2014; Laws 2016, c. 253, § 1, eff.

July 1, 2016; Laws 2017, c. 42, § 27; Laws 2019, c. 488, § 1, eff.

July 1, 2019; Laws 2020, c. 161, § 64, emerg. eff. May 21, 2020;

Laws 2021, c. 563, § 6, emerg. eff. May 28, 2021; Laws 2025, c. 240,

§ 1, eff. July 1, 2025.

NOTE: Laws 2016, c. 205, § 1 repealed by Laws 2017, c. 42, § 28.

Laws 2019, c. 373, § 1 repealed by Laws 2020, c. 161, § 65, emerg.

eff. May 21, 2020.

Oklahoma Statutes - Title 70. Schools

§70-3-104.5. Plan of Educational Development and Improvement Submission to State Board of Education - Rules - Approval or

rejection of plan.

A. The board of education of every elementary school district

and independent school district that has not filed notification with

the State Board of Education by November 1, 1990, of intent to annex

or consolidate shall submit a Plan of Educational Development and

Improvement to the State Board of Education by May 1, 1991. Said

plan shall be submitted in compliance with rules which shall be

promulgated by the State Board by April 1, 1990, for the purpose of

obtaining information the State Board will need to determine whether

such district can be expected to make satisfactory progress toward

meeting the requirements of this act with resources available and

reasonably anticipated. To the greatest possible extent, said rules

shall be written to enable districts to make use of materials

prepared for submittal of the districts' four-year plans pursuant to

Section 3-104.2 of Title 70 of the Oklahoma Statutes and of other

plans or reports required by statutes or State Board regulations.

Nothing herein shall be construed as prohibiting subsequent rule

changes made pursuant to the requirements of the Oklahoma

Administrative Procedures Act, Section 250 et seq. of Title 75 of

the Oklahoma Statutes.

B. The State Board shall approve each such plan submitted

within three (3) months of receipt of the plan. If the board

rejects the plan, it shall assist the district in revising its plan

or reconsidering the decision not to file notification of intent to

consolidate or annex. Approval shall mean that the State Board has

no reasonable doubt that the district will achieve and maintain full

compliance with all the provisions of this act on schedule. Plans

approved shall be implemented by the local board.

Added by Laws 1989, 1st Ex.Sess., c. 2, § 13, emerg. eff. April 25,

1990; Laws 1991, c. 3, § 1, eff. July 1, 1991.

§70-3-104.6. Legislative membership or in Legislative Service

Bureau as valid experience for renewal of Standard Teaching

Certificate.

The State Board of Education shall recognize full time service

as a member of the staff of the House of Representatives, the

Senate, or the Legislative Service Bureau in an area related to

education as valid experience for renewal of the Standard Teaching

Certificate.

Added by Laws 1990, c. 260, § 52, operative July 1, 1990.

§70-3-104.7. Day treatment programs - Standards for on-site

educational services.

A. For purposes of this act, partial hospitalization programs,

day treatment programs and day hospital programs mean nonresidential

Oklahoma Statutes - Title 70. Schools

settings in which school-age children are placed for psychiatric or

psychological treatment which precludes their attendance at a

regular public school.

B. No later than August 15, 1994, the State Board of Education

shall establish standards for on-site educational services provided

in partial hospitalization programs, day treatment programs, and day

hospital programs for persons between the ages of three (3) and

twenty-one (21) years of age. 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. The standards shall address all

areas of education including teacher certification requirements,

number of hours taught, adequacy of facilities, and educational

plans including plans for transition into regular school setting.

C. No facility listed in subsection A of this section shall be

licensed pursuant to the provisions of this act unless the facility

meets the standards for educational services established by the

State Board of Education.

D. The State Board of Education shall promulgate rules to

implement the provisions of this act.

Added by Laws 1994, c. 378, § 2, eff. July 1, 1994. Amended by Laws

2014, c. 90, § 2, eff. July 1, 2014.

§70-3-104.8. Contracts with educators.

A. Subject to the availability of funds, the State Department

of Education shall be authorized to directly contract with educators

who are current or retired employees of Oklahoma public school

districts, for services to assist the Department as may be necessary

when such services require the expertise and qualifications of an

Oklahoma certified educator.

B. The contract shall not:

1. Be subject to the competitive bidding requirements of the

Oklahoma Central Purchasing Act; and

2. Be included in the calculation of the educator's salary for

purposes of meeting the district or statutory minimum salary

schedule or for purposes of calculating Teachers' Retirement System

of Oklahoma contributions or benefits.

Added by Laws 2017, c. 71, § 1, eff. July 1, 2017.

§70-3-104.9. Report listing wage, salary, benefit, job class

changes.

Beginning in the 2018-2019 school year, the State Department of

Education shall annually publish on its website within one click of

the homepage a report listing all increases in wages, salaries,

rates of pay or fringe benefits and any changes to job class,

excluding job class changes that did not result in an increase in

pay, for school district employees. The Department shall publish

Oklahoma Statutes - Title 70. Schools

the information within sixty (60) days following the submission of

personnel reports certified on July 15.

Added by Laws 2018, c. 275, § 1.

§70-3-104.10. Oklahoma Imagination Library Program.

A. The Imagination Library Revolving Fund created pursuant to

Section 2 of this act shall be used to promote and foster the

development of the Oklahoma Imagination Library Program, which shall

be a statewide program for encouraging pre-school children to read

by providing age-appropriate books to children at their homes from

birth to age five (5) on a monthly basis.

B. Contingent upon funds appropriated to the Imagination

Library Revolving Fund created pursuant to Section 2 of this act,

the State Department of Education shall:

1. Manage the daily operations of the Oklahoma Imagination

Library Program and provide oversight of the Imagination Library

Revolving Fund including but not limited to establishing countybased programs in all seventy-seven counties and advancing and

strengthening the programs to ensure enrollment growth;

2. Develop, promote and coordinate a public awareness program

to make donors aware of the opportunity to donate to the Imagination

Library Revolving Fund; and

3. Develop, promote and coordinate a public awareness program

to make the public aware of the opportunity to register children to

receive age-appropriate books on a monthly basis. To receive books

on a monthly basis, a child shall be under the age of five (5) and

shall have an Oklahoma residence.

C. The State Department of Education may establish a volunteer

advisory committee to assist with implementing the provisions of

paragraphs 2 and 3 of subsection B of this section.

D. The State Department of Education is authorized to retain up

to ten percent (10%) of the funds appropriated, gifted, granted,

donated or bequested to the Imagination Library Revolving Fund for

administrative and operating expenses related to implementation of

the Oklahoma Imagination Library Program.

E. The Oklahoma Imagination Library Program shall be funded by

fifty percent (50%) private funds and fifty percent (50%)

appropriated funds. The State Department of Education shall include

in its annual budget request the estimated need to fund the Oklahoma

Imagination Library Program for the following fiscal year.

F. The State Department of Education shall submit a report by

July 1, 2021, and each July 1 thereafter to the chair of the Senate

Education Committee and the chair of the House of Representatives

Common Education Committee detailing the status of implementing the

Oklahoma Imagination Library Program.

Added by Laws 2020, c. 152, § 1.

Oklahoma Statutes - Title 70. Schools

§70-3-104.11. Imagination Library Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the State Department of Education to be designated the

"Imagination Library Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies received by the State Department of Education

from appropriations, gifts, grants, donations and bequests. All

monies accruing to the credit of the fund are hereby appropriated

and may be budgeted and expended by the State Department of

Education for the purpose of implementing the provisions of Section

1 of this act. Expenditures from the fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.

Added by Laws 2020, c. 152, § 2.

§70-3-104v1. State Board of Education - Powers and duties.

A. The supervision of the public school system of Oklahoma

shall be vested in the State Board of Education and, subject to

limitations otherwise provided by law, the State Board of Education

shall:

1. Adopt policies and make rules for the operation of the

public school system of the state;

2. Appoint, prescribe the duties, and fix the compensation of a

secretary, an attorney, and all other personnel necessary for the

proper performance of the functions of the State Board of Education.

The secretary shall not be a member of the Board;

3. Submit to the Governor a departmental budget based upon

major functions of the State Department of Education as prepared by

the Superintendent of Public Instruction and supported by detailed

data on needs and proposed operations as partially determined by the

budgetary needs of local school districts filed with the State Board

of Education for the ensuing fiscal year. Appropriations therefor

shall be made in lump-sum form for each major item in the budget as

follows:

State Aid to schools,

the supervision of all other functions of general and

special education including general control, free

textbooks, school lunch, Indian education, and all

other functions of the Board and an amount sufficient

to adequately staff and administer these services, and

the Board shall determine the details by which the

budget and the appropriations are administered.

Annually, the Board shall make preparations to

consolidate all of the functions of the Department in

such a way that the budget can be based on two items,

administration and aid to schools. A maximum amount

Oklahoma Statutes - Title 70. Schools

for administration shall be designated as a part of

the total appropriation;

4. On the first day of December preceding each regular session

of the Legislature, prepare and deliver electronically to the

Governor and the Legislature a report for the year ending June 30

immediately preceding the regular session of the Legislature. The

report shall contain:

detailed statistics and other information concerning

enrollment, attendance, expenditures including State

Aid, and other pertinent data for all public schools

in this state,

reports from each and every division within the State

Department of Education as submitted by the

Superintendent of Public Instruction and any other

division, department, institution, or other agency

under the supervision of the Board,

recommendations for the improvement of the public

school system of the state,

a statement of the receipts and expenditures of the

State Board of Education for the past year, and

a statement of plans and recommendations for the

management and improvement of public schools and such

other information relating to the educational

interests of the state as may be deemed necessary and

desirable;

5. Provide for the formulation and adoption of curricula,

courses of study, and other instructional aids necessary for the

adequate instruction of pupils in the public schools;

6. Have authority in matters pertaining to the licensure and

certification of persons for instructional, supervisory, and

administrative positions and services in the public schools of the

state subject to the provisions of Section 6-184 of this title, and

shall formulate rules governing the issuance and revocation of

certificates for superintendents of schools, principals,

supervisors, librarians, clerical employees, school nurses, school

bus drivers, visiting teachers, classroom teachers, and for other

personnel performing instructional, administrative, and supervisory

services, but not including members of boards of education and other

employees who do not work directly with pupils, and may charge and

collect reasonable fees for the issuance of such certificates:

the State Department of Education shall not issue a

certificate to and shall revoke the certificate of any

person who has been convicted, whether upon a verdict

or plea of guilty or upon a plea of nolo contendere,

or received a suspended sentence or any probationary

term for a crime or an attempt to commit a crime

provided for in Section 843.5 of Title 21 of the

Oklahoma Statutes - Title 70. Schools

Oklahoma Statutes if the offense involved sexual abuse

or sexual exploitation as those terms are defined in

Section 1-1-105 of Title 10A of the Oklahoma Statutes,

Section 741, 843.1, if the offense included sexual

abuse or sexual exploitation, 865 et seq., 885, 888,

891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,

1111.1, 1114, or 1123 of Title 21 of the Oklahoma

Statutes or who enters this state and who has been

convicted, received a suspended sentence, or received

a deferred judgment for a crime or attempted crime

which, if committed or attempted in this state, would

be a crime or an attempt to commit a crime provided

for in any of the laws,

the State Department of Education shall not issue a

certificate to and shall revoke the certificate of any

person who has been convicted, whether upon a verdict

or plea of guilty or upon a plea of nolo contendere,

or received a suspended sentence or any probationary

term for knowingly and willfully failing to report

suspected abuse or neglect of a child in violation of

Section 1-2-101 of Title 10A of the Oklahoma Statutes,

and

all funds collected by the State Department of

Education for the issuance of certificates to

instructional, supervisory, and administrative

personnel in the public schools of the state shall be

deposited in the “Teachers’ Certification Fund” in the

State Treasury and may be expended by the State Board

of Education to finance the activities of the State

Department of Education necessary to administer the

program, for consultative services, publication costs,

actual and necessary travel expenses as provided in

the State Travel Reimbursement Act incurred by persons

performing research work, and other expenses found

necessary by the State Board of Education for the

improvement of the preparation and certification of

teachers in this state. Provided, any unobligated

balance in the Teachers’ Certification Fund in excess

of Ten Thousand Dollars ($10,000.00) on June 30 of any

fiscal year shall be transferred to the General

Revenue Fund of this state. Until July 1, 1997, the

State Board of Education shall have authority for

approval of teacher education programs. The State

Board of Education shall also have authority for the

administration of teacher residency and professional

development, subject to the provisions of the Oklahoma

Teacher Preparation Act;

Oklahoma Statutes - Title 70. Schools

7. Promulgate rules governing the classification, inspection,

supervision, and accrediting of all public nursery, kindergarten,

elementary and secondary schools, and on-site educational services

provided by public school districts or state-accredited private

schools in partial hospitalization programs, day treatment programs,

and day hospital programs as defined in Section 3-104.7 of this

title and Section 175.20 of Title 10 of the Oklahoma Statutes for

persons between the ages of three (3) and twenty-one (21) years of

age in the state. However, no school shall be denied accreditation

solely on the basis of average daily attendance.

Any school district which maintains an elementary school and

faces the necessity of relocating its school facilities because of

construction of a lake, either by state or federal authority, which

will inundate the school facilities, shall be entitled to receive

probationary accreditation from the State Board of Education for a

period of five (5) years after June 12, 1975, and any school

district, otherwise qualified, shall be entitled to receive

probationary accreditation from the State Board of Education for a

period of two (2) consecutive years to attain the minimum average

daily attendance. The Head Start and public nurseries or

kindergartens operated from community action agency funds shall not

be subjected to the accrediting rules of the State Board of

Education. Neither will the State Board of Education make rules

affecting the operation of the public nurseries and kindergartens

operated from federal funds secured through community action

agencies even though they may be operating in the public schools of

the state. However, any of the Head Start or public nurseries or

kindergartens operated under federal regulations may make

application for accrediting from the State Board of Education but

will be accredited only if application for the approval of the

programs is made. The status of no school district shall be changed

which will reduce it to a lower classification until due notice has

been given to the proper authorities thereof and an opportunity

given to correct the conditions which otherwise would be the cause

of such reduction.

Private and parochial schools may be accredited and classified

in like manner as public schools or, if an accrediting association

is approved by the State Board of Education, by procedures

established by the State Board of Education to accept accreditation

by such accrediting association, if application is made to the State

Board of Education for such accrediting;

8. Be the legal agent of this state to accept, in its

discretion, the provisions of any Act of Congress appropriating or

apportioning funds which are now, or may hereafter be, provided for

use in connection with any phase of the system of public education

in Oklahoma. It shall prescribe such rules as it finds necessary to

Oklahoma Statutes - Title 70. Schools

provide for the proper distribution of such funds in accordance with

the state and federal laws;

9. Be and is specifically hereby designated as the agency of

this state to cooperate and deal with any officer, board, or

authority of the United States Government under any law of the

United States which may require or recommend cooperation with any

state board having charge of the administration of public schools

unless otherwise provided by law;

10. Be and is hereby designated as the state educational agency

referred to in Public Law 396 of the 79th Congress of the United

States, as amended, which may be known as the Richard B. Russell

National School Lunch Act, and the State Board of Education is

hereby authorized and directed to accept the terms and provisions of

the act and to enter into such agreements, not in conflict with the

Constitution of Oklahoma or the Constitution and Statutes of the

United States, as may be necessary or appropriate to secure for this

state the benefits of the school lunch program established and

referred to in the act;

11. Have authority to secure and administer the benefits of the

Richard B. Russell National School Lunch Act, Public Law 396 of the

79th Congress of the United States, as amended, in this state and is

hereby authorized to employ or appoint and fix the compensation of

such additional officers or employees and to incur such expenses as

may be necessary for the accomplishment of the above purpose, and

administer the distribution of any state funds appropriated by the

Legislature required as federal matching to reimburse on children’s

meals;

12. Accept and provide for the administration of any land,

money, buildings, gifts, donations, or other things of value which

may be offered or bequeathed to the schools under the supervision or

control of the Board;

13. Have authority to require persons having administrative

control of all school districts in Oklahoma to make such regular and

special reports regarding the activities of the schools in the

districts as the Board may deem needful for the proper exercise of

its duties and functions. Such authority shall include the right of

the State Board of Education to withhold all state funds under its

control, to withhold official recognition including accrediting,

until such required reports have been filed and accepted in the

office of the Board and to revoke the certificates of persons

failing or refusing to make such reports;

14. Have general supervision of the school lunch program. The

State Board of Education may sponsor workshops for personnel and

participants in the school lunch program and may develop, print, and

distribute free of charge or sell any materials, books, and

bulletins to be used in the school lunch programs. There is hereby

created in the State Treasury a revolving fund for the Board, to be

Oklahoma Statutes - Title 70. Schools

designated the “School Lunch Workshop Revolving Fund”. The fund

shall consist of all fees derived from or on behalf of any

participant in any such workshop sponsored by the State Board of

Education, or from the sale of any materials, books, and bulletins,

and funds shall be disbursed for expenses of such workshops and for

developing, printing, and distributing of the materials, books, and

bulletins relating to the school lunch program. The fund shall be

administered in accordance with Section 155 of Title 62 of the

Oklahoma Statutes;

15. Prescribe all forms for school district and county officers

to report to the State Board of Education where required. The State

Board of Education shall also prescribe a list of appropriation

accounts by which the funds of school districts shall be budgeted,

accounted for, and expended; and it shall be the duty of the State

Auditor and Inspector in prescribing all budgeting, accounting, and

reporting forms for school funds to conform to such lists;

16. Provide for the establishment of a uniform system of pupil

and personnel accounting, records, and reports;

17. Have authority to provide for the health and safety of

school children and school personnel while under the jurisdiction of

school authorities;

18. Provide for the supervision of the transportation of

pupils;

19. Have authority, upon request of the local school board, to

act in behalf of the public schools of the state in the purchase of

transportation equipment;

20. Have authority and is hereby required to perform all duties

necessary to the administration of the public school system in

Oklahoma as specified in the Oklahoma School Code; and, in addition

thereto, those duties not specifically mentioned herein if not

delegated by law to any other agency or official;

21. Administer the State Public Common School Building

Equalization Fund established by Section 32 of Article X of the

Oklahoma Constitution. Any monies as may be appropriated or

designated by the Legislature, other than ad valorem taxes, any

other funds identified by the State Department of Education, which

may include, but not be limited to, grants-in-aid from the federal

government for building purposes, the proceeds of all property that

shall fall to the state by escheat, penalties for unlawful holding

of real estate by corporations, and capital gains on assets of the

permanent school funds, shall be deposited in the State Public

Common School Building Equalization Fund. The fund shall be used to

aid school districts and charter schools in acquiring buildings,

subject to the limitations fixed by Section 32 of Article X of the

Oklahoma Constitution. It is hereby declared that redbud school

grants disbursed from the State Public Common School Building

Equalization Fund shall be used for the same purposes as a building

Oklahoma Statutes - Title 70. Schools

fund, as provided for in Section 1-118 of this title. It is hereby

declared that the term “school districts” as used in Section 32 of

Article X of the Oklahoma Constitution shall mean school districts

and eligible charter schools as defined in subsection B of this

section. The State Board of Education shall disburse redbud school

grants annually from the State Public Common School Building

Equalization Fund to public schools and eligible charter schools

pursuant to subsection B of this section. The Board shall

promulgate rules for the implementation of disbursing redbud school

grants pursuant to this section. The State Board of Education shall

prescribe rules for making grants of aid from, and for otherwise

administering, the fund pursuant to the provisions of this

paragraph, and may employ and fix the duties and compensation of

technicians, aides, clerks, stenographers, attorneys, and other

personnel deemed necessary to carry out the provisions of this

paragraph. The cost of administering the fund shall be paid from

monies appropriated to the State Board of Education for the

operation of the State Department of Education. From monies

apportioned to the fund, the State Department of Education may

reserve not more than one-half of one percent (1/2 of 1%) for

purposes of administering the fund;

22. Recognize that the Director of the Department of

Corrections shall be the administrative authority for the schools

which are maintained in the state reformatories and shall appoint

the principals and teachers in such schools. Provided, that rules

of the State Board of Education for the classification, inspection,

and accreditation of public schools shall be applicable to such

schools; and such schools shall comply with standards set by the

State Board of Education; and

23. Have authority to administer a revolving fund which is

hereby created in the State Treasury, to be designated the

“Statistical Services Revolving Fund”. The fund shall consist of

all monies received from the various school districts of the state,

the United States Government, and other sources for the purpose of

furnishing or financing statistical services and for any other

purpose as designated by the Legislature. The State Board of

Education is hereby authorized to enter into agreements with school

districts, municipalities, the United States Government,

foundations, and other agencies or individuals for services,

programs, or research projects. The Statistical Services Revolving

Fund shall be administered in accordance with Section 155 of Title

62 of the Oklahoma Statutes.

B. 1. The redbud school grants shall be determined by the

State Department of Education as follows:

divide the county four-mill levy revenue by four to

determine the nonchargeable county four-mill revenue

for each school district,

Oklahoma Statutes - Title 70. Schools

determine the amount of new revenue generated by the

five-mill building fund levy as authorized by Section

10 of Article X of the Oklahoma Constitution for each

school district as reported in the Oklahoma Cost

Accounting System for the preceding fiscal year,

add the amounts calculated in subparagraphs a and b of

this paragraph to determine the nonchargeable millage

for each school district,

add the nonchargeable millage in each district

statewide as calculated in subparagraph c of this

paragraph and divide the total by the average daily

membership in public schools statewide based on the

preceding school year’s average daily membership,

according to the provisions of Section 18-107 of this

title. This amount is the statewide nonchargeable

millage per student, known as the baseline local

funding per student,

all eligible charter schools shall be included in

these calculations as unique school districts,

separate from the school district that may sponsor the

eligible charter school, and the total number of

districts shall be used to determine the statewide

average baseline local funding per student,

for each school district or eligible charter school

which is below the baseline local funding per student,

the Department shall subtract the baseline local

funding per student from the average nonchargeable

millage per student of the school district or eligible

charter school to determine the nonchargeable millage

per student shortfall for each district, and

the nonchargeable millage per student shortfall for a

school district or eligible charter school shall be

multiplied by the average daily membership of the

preceding school year of the eligible school district

or eligible charter school. This amount shall be the

redbud school grant amount for the school district or

eligible charter school.

2. For fiscal year 2022, monies for the redbud school grants

shall be expended from the funds apportioned pursuant to Section 426

of Title 63 of the Oklahoma Statutes. For fiscal year 2023 and each

subsequent fiscal year, monies for the redbud school grants shall be

appropriated pursuant to Section 426 of Title 63 of the Oklahoma

Statutes, not to exceed three-fourths (3/4) of the tax collected in

the preceding fiscal year pursuant to Section 426 of Title 63 of the

Oklahoma Statutes as determined by the Oklahoma Tax Commission. For

fiscal year 2023 and each subsequent fiscal year, if such

appropriated funds are insufficient to fund the redbud school

Oklahoma Statutes - Title 70. Schools

grants, then an additional apportionment of funds shall be made from

sales tax collections as provided by subsection D of Section 1353 of

Title 68 of the Oklahoma Statutes. If both funds are insufficient,

the Department shall promulgate rules to permit a decrease to the

baseline local funding per student to the highest amount allowed

with the funding available.

3. As used in this section, “eligible charter school” shall

mean a charter school which is sponsored pursuant to the provisions

of the Oklahoma Charter Schools Act. Provided, however, eligible

charter school shall not include a statewide virtual charter school

sponsored by the Statewide Charter School Board but shall only

include those which provide in-person or blended instruction, as

provided by Section 1-111 of this title, to not less than two-thirds

(2/3) of students as the primary means of instructional service

delivery.

4. The Department shall develop a program to acknowledge the

redbud school grant recipients and shall include elected members of

the House of Representatives and Senate who represent the school

districts and eligible charter schools.

5. The Department shall create a dedicated page on its website

listing annual redbud school grant recipients, amount awarded to

each recipient, and other pertinent information about the Redbud

School Funding Act.

6. The Department shall provide the chair of the House

Appropriations and Budget Committee and the chair of the Senate

Appropriations Committee no later than February 1 of each year with

an estimate of the upcoming year’s redbud school grant allocation as

prescribed by this section.

Added by Laws 1971, c. 281, § 3-104, eff. July 2, 1971. Amended by

Laws 1972, c. 241, § 1, emerg. eff. April 7, 1972; Laws 1973, c. 17,

§ 1, emerg. eff. March 27, 1973; Laws 1973, c. 46, § 6, operative

July 1, 1973; Laws 1974, c. 146, § 1; Laws 1975, c. 344, § 1; Laws

1978, c. 85, § 1, eff. Jan. 8, 1979; Laws 1982, c. 369, § 1, eff.

Oct. 1, 1982; Laws 1984, c. 296, § 42, operative July 1, 1984; Laws

1985, c. 13, § 1, eff. Nov. 1, 1985; Laws 1986, c. 105, § 2, emerg.

eff. April 5, 1986; Laws 1991, c. 240, § 1, eff. Sept. 1, 1991; Laws

1993, c. 361, § 1, emerg. eff. June 11, 1993; Laws 1994, c. 2, § 26,

emerg. eff. March 2, 1994; Laws 1994, c. 378, § 1, eff. July 1,

1994; Laws 1995, c. 1, § 25, emerg. eff. March 2, 1995; Laws 1995,

c. 226, § 1, eff. July 1, 1995; Laws 1995, c. 322, § 23, eff. July

1, 1995; Laws 1998, c. 246, § 32, eff. Nov. 1, 1998; Laws 1999, c.

336, § 5, eff. Nov. 1, 1999; Laws 2009, c. 448, § 1, eff. Nov. 1,

2009; Laws 2010, c. 2, § 73, emerg. eff. March 3, 2010; Laws 2011,

c. 31, § 4; Laws 2012, c. 354, § 1; Laws 2013, c. 271, § 1; Laws

2021, c. 563, § 5, emerg. eff. May 28, 2021; Laws 2023, c. 323, § 4,

eff. July 1, 2024; Laws 2024, c. 445, § 2, eff. July 1, 2024; Laws

2025, c. 101, § 1, eff. July 1, 2025.

Oklahoma Statutes - Title 70. Schools

NOTE: Laws 1993, c. 239, § 21 repealed by Laws 1994, c. 2, § 34,

emerg. eff. March 2, 1994. Laws 1994, c. 344, § 1 repealed by Laws

1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 2009, c. 234, §

155 repealed by Laws 2010, c. 2, § 74, emerg. eff. March 3, 2010.

§70-3-104v2. State Board of Education - Powers and duties.

A. The supervision of the public school system of Oklahoma

shall be vested in the State Board of Education and, subject to

limitations otherwise provided by law, the State Board of Education

shall:

1. Adopt policies and make rules for the operation of the

public school system of the state;

2. Appoint, prescribe the duties, and fix the compensation of a

secretary, an attorney, and all other personnel necessary for the

proper performance of the functions of the State Board of Education.

The secretary shall not be a member of the Board;

3. Submit to the Governor a departmental budget based upon

major functions of the State Department of Education as prepared by

the Superintendent of Public Instruction and supported by detailed

data on needs and proposed operations as partially determined by the

budgetary needs of local school districts filed with the State Board

of Education for the ensuing fiscal year. Appropriations therefor

shall be made in lump-sum form for each major item in the budget as

follows:

State Aid to schools,

the supervision of all other functions of general and

special education including general control, free

textbooks, school lunch, Indian education, and all

other functions of the Board and an amount sufficient

to adequately staff and administer these services, and

the Board shall determine the details by which the

budget and the appropriations are administered.

Annually, the Board shall make preparations to

consolidate all of the functions of the Department in

such a way that the budget can be based on two items,

administration and aid to schools. A maximum amount

for administration shall be designated as a part of

the total appropriation;

4. On the first day of December preceding each regular session

of the Legislature, prepare and deliver electronically to the

Governor and the Legislature a report for the year ending June 30

immediately preceding the regular session of the Legislature. The

report shall contain:

detailed statistics and other information concerning

enrollment, attendance, expenditures including State

Aid, and other pertinent data for all public schools

in this state,

Oklahoma Statutes - Title 70. Schools

reports from each and every division within the State

Department of Education as submitted by the

Superintendent of Public Instruction and any other

division, department, institution, or other agency

under the supervision of the Board,

recommendations for the improvement of the public

school system of the state,

a statement of the receipts and expenditures of the

State Board of Education for the past year, and

a statement of plans and recommendations for the

management and improvement of public schools and such

other information relating to the educational

interests of the state as may be deemed necessary and

desirable;

5. Provide for the formulation and adoption of curricula,

courses of study, and other instructional aids necessary for the

adequate instruction of pupils in the public schools;

6. Have authority in matters pertaining to the licensure and

certification of persons for instructional, supervisory, and

administrative positions and services in the public schools of the

state subject to the provisions of Section 6-184 of this title, and

shall formulate rules governing the issuance and revocation of

certificates for superintendents of schools, principals,

supervisors, librarians, clerical employees, school nurses, school

bus drivers, visiting teachers, classroom teachers, and for other

personnel performing instructional, administrative, and supervisory

services, but not including members of boards of education and other

employees who do not work directly with pupils, and may charge and

collect reasonable fees for the issuance of such certificates:

the State Department of Education shall not issue a

certificate to and shall revoke the certificate of any

person who has been convicted, whether upon a verdict

or plea of guilty or upon a plea of nolo contendere,

or received a suspended sentence or any probationary

term for a crime or an attempt to commit a crime

provided for in Section 843.5 of Title 21 of the

Oklahoma Statutes if the offense involved sexual abuse

or sexual exploitation as those terms are defined in

Section 1-1-105 of Title 10A of the Oklahoma Statutes,

Section 741, 843.1, if the offense included sexual

abuse or sexual exploitation, 865 et seq., 885, 888,

891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,

1111.1, 1114, or 1123 of Title 21 of the Oklahoma

Statutes or who enters this state and who has been

convicted, received a suspended sentence, or received

a deferred judgment for a crime or attempted crime

which, if committed or attempted in this state, would

Oklahoma Statutes - Title 70. Schools

be a crime or an attempt to commit a crime provided

for in any of the laws,

except as provided for in subparagraph a of this

paragraph, the State Board of Education shall have the

authority to revoke or suspend a license or

certificate only for the following reasons:

(1) a willful violation of any federal or state law,

(2) the abuse or neglect of a child,

(3) moral turpitude, or

(4) a conviction for any of the offenses or basis for

revocation set forth in this section and Section

3-104.1 of this title,

the State Board of Education shall not have the

authority to summarily revoke or suspend a license or

certificate pending an individual proceeding for

revocation or other action unless for a valid

emergency as defined in the Administrative Procedures

Act. Upon initiating a formal investigation, the

State Department of Education shall notify via

certified mail and electronic mail the superintendent

of the school district where the license or

certificate holder is employed. In no event shall the

State Board of Education move to revoke or suspend a

license or certificate, for an emergency or otherwise,

unless the license or certificate holder and any

employing school district received notice via

certified mail and electronic mail within three (3)

days of the date the application was filed with the

State Board of Education, and