Oklahoma § 70-5
Full text of Oklahoma Oklahoma Statutes § 70-5, with citation guidance and answers to common questions.
§ 70-5.
Repealed by Laws 1949, p. 607, art. 20, § 9.
§70-5-1.
Repealed by Laws 1965, c. 18, § 1.
§70-5-2.
Repealed by Laws 1965, c. 18, § 1.
Oklahoma Statutes - Title 70. Schools
§70-5-3.
Repealed by Laws 1965, c. 18, § 1.
§70-5-4.
Repealed by Laws 1965, c. 18, § 1.
§70-5-5.
Repealed by Laws 1965, c. 18, § 1.
§70-5-6.
Repealed by Laws 1965, c. 18, § 1.
§70-5-7.
Repealed by Laws 1965, c. 18, § 1.
§70-5-8.
Repealed by Laws 1965, c. 18, § 1.
§70-5-9.
Repealed by Laws 1965, c. 18, § 1.
§70-5-10.
Repealed by Laws 1955, p. 445, § 55.
§70-5-11.
Repealed by Laws 1965, c. 18, § 1.
§70-5-12.
Repealed by Laws 1955, p. 445, § 55.
§70-5-13.
Repealed by Laws 1955, p. 445, § 55.
§70-5-14.
Repealed by Laws 1955, p. 445, § 55.
§70-5-15.
Repealed by Laws 1953, p. 384, § 30.
§70-5-16.
Repealed by Laws 1955, p. 445, § 55.
§70-5-17.
Repealed by Laws 1955, p. 445, § 55.
§70-5-18.
Repealed by Laws 1955, p. 445, § 55.
§70-5-19.
Repealed by Laws 1955, p. 445, § 55.
§70-5-20.
Repealed by Laws 1955, p. 445, § 55.
§70-5-21.
Repealed by Laws 1955, p. 445, § 55.
§70-5-22.
Repealed by Laws 1955, p. 445, § 55.
§70-5-101. School districts - Designation.
All school districts in Oklahoma, now in existence or which may
hereafter be created, shall be designated only as independent,
elementary or technology center school districts. Independent
school districts, elementary school districts and technology center
school districts shall be under the supervision and the
administration of the respective boards of education thereof.
Oklahoma Statutes - Title 70. Schools
Added by Laws 1971, c. 281, § 5-101, eff. July 2, 1971. Amended by
Laws 1991, c. 16, § 2, eff. July 1, 1991; Laws 1993, c. 239, § 25,
eff. July 1, 1993; Laws 2001, c. 33, § 70, eff. July 1, 2001.
§70-5-102. Independent school districts.
All independent school districts in Oklahoma shall be those
which shall have maintained during the previous year a school
offering high school subjects fully accredited by the State Board of
Education.
A reasonable deviation from any of the requirements enumerated
herein shall not operate to prohibit the State Board of Education
from designating any district as independent if the other
requirements are sufficiently superior to the minimum standards
required herein, but standards therefor shall be reduced to writing
and a copy thereof sent to all districts maintaining high schools in
Oklahoma at least one (1) year prior to the time the requirements
become effective. Until the effective date thereof, the requirements
hereinabove enumerated shall remain in full force and effect. As a
basis for attaining the status of independent school district, high
schools shall be inspected by a member of the division of secondary
education of the State Board of Education or such other
representative as the State Board of Education shall designate, and
all of the standards prescribed by the State Board of Education
shall be carefully checked in the presence of the district
superintendent of schools or board of education of the district. A
written report shall be made and mailed to the district
superintendent of schools and board of education within thirty (30)
days after the time of such inspection. Such report shall indicate
if the high school meets the requirements and, if not, a statement
shall be made as to what must be done in order to comply therewith.
After any school district has become independent, it shall
remain so until removed from independent status by the State Board
of Education, which, however, shall not remove any school district
from independent status until it is satisfied that the minimum
standards for independent school districts are not being maintained.
Any order of the State Board of Education removing a school district
from independent status shall not become effective until the close
of the fiscal year in which such order is made, and any order
removing a school district from independent status which has
heretofore been made by the State Board of Education, regardless of
notice or effective date thereof, is hereby validated. A reasonable
variation from year to year in the minimum number of teachers
required shall not affect the status of any independent school
district.
Laws 1971, c. 281, § 5-102, eff. July 2, 1971.
§70-5-103.
Elementary school districts.
Oklahoma Statutes - Title 70. Schools
Elementary school districts shall offer grades kindergarten
through eight and are those which have not met the minimum standards
for, and have not been designated as, independent school districts
by the State Board of Education. On and after July 1, 1991, every
place in the Oklahoma Statutes which refers to "dependent school
district" shall mean "elementary school district".
Laws 1971, c. 281, § 5-103, eff. July 2, 1971; Laws 1976, c. 116, §
1, emerg. eff. May 14, 1976; Laws 1991, c. 3, § 2, eff. July 1,
1991.
§70-5-103.1. Elementary school districts - Prohibition on certain
grades.
On or after the effective date of this act, except upon approval
of the State Board of Education, an elementary school district that
did not offer any grade above the eighth grade during the 1993-94
school year may not offer grades above the eighth grade during the
1994-95 school year or any school year thereafter. No later than
August 1, 1994, the State Board of Education shall promulgate rules
to implement the provisions of this section.
Added by Laws 1994, c. 150, § 1, eff. July 1, 1994.
§70-5-104. Designation of district retained on records - When.
Only for the purpose of identifying a district that originally
incurred an indebtedness so as to avoid confusion in discharging
such indebtedness, the designation of a district when an
indebtedness was incurred may be retained in the records of the
county assessor, county treasurer, and other public officials
charged with the duty of levying and collecting taxes for the
payment of obligations of school districts irrespective of whether
such indebtedness has been assumed by another school district.
Laws 1971, c. 281, § 5-104, eff. July 2, 1971.
§70-5-105. School district - Body corporate - Powers.
Every school district shall be a body corporate and shall
possess the usual powers of a corporation for public purposes by the
name and style of "Independent (or Elementary, if it is an
elementary school district) School District Number ________________
(such number as may be designated by the State Board of Education)
of __________________________ (the name of the county in which the
district is located, or if lying in more than one county the name of
the county where supervision is located) County, Oklahoma," and in
that name may sue and be sued and be capable of contracting and
being contracted with and holding such real and personal estate as
it may come into possession of or by will or otherwise and as
authorized by law.
Laws 1971, c. 281, § 5-105, eff. July 2, 1971; Laws 1991, c. 3, § 3,
eff. July 1, 1991; Laws 1993, c. 239, § 26, eff. July 1, 1993.
Oklahoma Statutes - Title 70. Schools
§70-5-106. Governing body of school district.
A. The governing board of each school district in Oklahoma is
hereby designated and shall hereafter be known as the board of
education of such district. Except as otherwise provided in this
section, the superintendent of schools appointed and employed by the
board shall be the executive officer of the board and shall perform
duties as the board directs.
B. The board may contract with a superintendent for a term as
mutually agreed upon but not to exceed three (3) years beyond the
fiscal year in which the contract is approved by the board and
accepted by the superintendent. The contract shall include all
other terms and conditions as agreed upon in writing by the board
and the superintendent.
C. The boards of two or more school districts may contract with
one superintendent to serve as superintendent of the school
districts as provided in Section 4 of this act.
D. No board of a school district having average daily
membership (ADM) of fewer than five hundred (500) pupils shall be
prohibited from allowing a superintendent to serve simultaneously as
a principal.
E. The chief executive officer of the board of education of a
district in which a public developmental research school is
established shall be the director of the school appointed as
provided in Section 1210.577 of this title.
Added by Laws 1971, c. 281, § 5-106, eff. July 2, 1971. Amended by
Laws 1985, c. 329, § 19, emerg. eff. July 30, 1985; Laws 1993, c.
257, § 10, emerg. eff. May 26, 1993; Laws 1997, c. 18, § 1, eff.
Nov. 1, 1997; Laws 2003, c. 455, § 1, eff. July 1, 2003.
§70-5-106A. Employment contracts with more than one school
district.
A superintendent, administrator, teacher, or person providing
support services may contract with more than one school district to
serve as superintendent, administrator, or teacher, as appropriately
qualified, or to provide support services for each contracting
district. The contract may be mutual with all the districts as
parties, or the contracts may be separate; provided, that a
superintendent, administrator, teacher, or person providing support
services may not enter into contracts with more than one school
district without the assent and knowledge of all the school
districts with which they are contracting. The districts who
contract either mutually or separately with a superintendent,
administrator, or teacher, or with a person to provide support
services may enter into agreements upon such terms and conditions as
the parties may agree and may include terms related to the division
of payments for items including, but not limited to, payment of
Oklahoma Statutes - Title 70. Schools
benefits or travel for the superintendent, administrator, teacher,
or person providing support services. Unless otherwise provided by
contract, each district shall pay into the Teachers’ Retirement
System of Oklahoma the district’s pro rata share of the payment
required to be paid into the System on behalf of the employee.
Added by Laws 2003, c. 455, § 4, eff. July 1, 2003.
§70-5-107.
Repealed by Laws 1972, c. 216, § 3.
§70-5-107A. Boards of education of school districts - Membership Election procedure.
The following provisions and the provisions of Section 13A-101
et seq. of Title 26 of the Oklahoma Statutes shall govern the
election of members of the board of education for a school district:
A. For purposes of this section, temporary positions added to a
board of education pursuant to Section 7-101 or 7-105 of this title
and the chair of the board of education elected pursuant to Section
1 of this act shall not be considered in determining the size of the
board. The number and term of each board of education shall be as
follows:
District
Members
Term (Years)
Elementary
3
3
Independent
1. Districts having a five-member
board
5
5
2. Districts having a sevenmember board unless an
election is conducted
pursuant to subsection C of
this section
7
4
B. In all school districts, the members of the board of
education shall be elected as follows:
1.
a.
Between August 1 and December 31 of the year following
the submission by the United States Department of
Commerce to the President of the United States of the
official Federal Decennial Census, the board of
education shall reapportion the territory of the
school district into board districts. Beginning with
the reapportionment following the 1990 Federal
Decennial Census, all boundaries of board districts
shall follow clearly visible, definable and observable
physical boundaries which are based upon criteria
established and recognized by the Bureau of the Census
of the United States Department of Commerce for
purposes of defining census blocks for its decennial
census and shall follow, as much as is possible,
precinct boundaries. Board districts shall be
Oklahoma Statutes - Title 70. Schools
compact, contiguous and shall be as equal in
population as practical with not more than a ten
percent (10%) variance between the most populous and
least populous board districts.
b.
School districts having fewer than one thousand eight
hundred (1,800) students in average daily membership
during the preceding school year may choose not to
establish board districts and may nominate and elect
all board members at large.
c.
Elementary school districts shall have board members
elected at large.
d.
A city located in an independent school district
having four or more wards and an outlying area with
such outlying area comprising no more than twenty
percent (20%) of the population of such independent
school district, then such independent school district
may adopt such wards and outlying area in lieu of the
board districts provided for in subparagraph a of this
paragraph, and at least one member of the board of
education of such independent school district shall be
a member of each ward; and
2. One member of the board of education shall be elected by the
electors of the school district to represent each such board
district. Provided, however, that in any school district where the
electors of each board district, rather than the electors of the
entire school district, elect board members to represent that board
district, that district shall elect board members in that manner.
If during the term of office to which a person was elected, that
member ceases to be a resident of the board district for which the
person was elected, the office shall become vacant and such vacancy
shall be filled as provided in Section 13A-110 of Title 26 of the
Oklahoma Statutes; and
3. In a school district having more than ten thousand (10,000)
children in average daily membership, the following provision and
the provisions of Section 13A-101 et seq. of Title 26 of the
Oklahoma Statutes shall control as to election of the members of the
school district's board of education:
a.
There shall be held an election in which the electors
of each board district in which a term is expiring or
in which a vacancy exists shall select two candidates
from among the candidates for board member to
represent the board district,
b.
If, in the election, one candidate has a majority of
all votes cast, then a run-off election is not
required. If no candidate receives a majority of all
votes cast, then the two candidates receiving the
Oklahoma Statutes - Title 70. Schools
greatest number of votes shall become the candidates
for the board district in the general election, and
c.
At the run-off election, all of the electors of the
board district shall select one of the two candidates
as the member of the board of education representing
the board district.
C. Any seven-member board shall have the option of reducing its
board to a five-member board either after approval of a board
resolution or a vote of the electors of the school district to take
such action pursuant to Section 13A-109 of Title 26 of the Oklahoma
Statutes. The election pursuant to a vote of the electors of the
school district shall be called upon the submission of a petition
requesting the election signed by ten percent (10%) of the school
district electors in the school district, the percentage being
applied to the highest number of voters voting in a regular school
district election in the district in the preceding five (5) years as
determined by the secretary of the county election board, who shall
certify the adequacy of the number of signatures on the petition.
If the question is put before the voters of the district, such
election shall be held along with and at the same time and place as
the next school election if all requirements of Section 13A-101 et
seq. of Title 26 of the Oklahoma Statutes for such election are met.
After such resolution or election, the board shall reapportion
the district, determining by resolution or by lot which board member
offices shall be abolished at the end of the current board member's
term and which shall become one of the offices of the new board.
Election of the resulting board members shall be carried out
according to procedures stated in this section and Section 13A-101
et seq. of Title 26 of the Oklahoma Statutes.
School board members currently serving in offices abolished
pursuant to this subsection shall continue serving until the end of
their current terms as at-large members.
D. Except for the chair of the board of education elected
pursuant to Section 1 of this act, offices of members of the board
of education shall be designated by consecutive numbers and shall
correspond with board districts when applicable.
E. Except for those members elected prior to July 1, 1992, the
terms of office of the members of a five-member board of education
shall commence on the first regular, special or emergency school
board meeting after the date of the annual school election and after
the member has been certified as elected:
Office No. 1
1991
Office No. 2
1992
Office No. 3
1993
Office No. 4
1994
Office No. 5
1995
Oklahoma Statutes - Title 70. Schools
The terms of office of the members of a seven-member board of
education shall be staggered, with one member being elected in 1991,
two members being elected in 1992, two members being elected in 1993
and two members being elected in 1994 and shall commence on the
first regular, special or emergency school board meeting after the
date of the annual school election and after the member has been
certified as elected; provided, in districts needing to elect two
members in 1991 to maintain a full complement of board members, two
members shall be elected in 1991, one for a full term and one for a
one-year term, as determined by the local board. If a seven-member
board is formed upon consolidation pursuant to Section 7-105 of this
title, or upon annexation pursuant to Section 7-101 of this title,
the formation agreement shall specify initial short terms as
necessary to extend until the beginning of the regular terms for
seven-member boards established herein.
Upon reduction of a seven-member board pursuant to subsection C
of this section, the terms of the five-member board shall be
staggered pursuant to this subsection.
One member of a three-member board of education shall be elected
each year, and the terms of office shall commence on the first
regular, special or emergency school board meeting after the member
has been certified as elected.
F. The term of office of each board member elected after July
1, 1992, shall commence on the first regular, special or emergency
school board meeting after the date of the annual school election
and after the member has been certified as elected. Board members
elected prior to July 1, 1992, may remain in office until their
successor is elected and seated pursuant to Sections 13A-101 through
13A-111 of Title 26 of the Oklahoma Statutes. The remaining term of
any member who completes the term for which the member was elected
but not wishing to serve until the successor of the member takes
office on the first regular, special or emergency school board
meeting after the successor has been certified as elected, shall be
filled by appointment by the remaining members of the board of
education.
Added by Laws 1972, c. 216, § 1. Amended by Laws 1979, c. 225, § 1,
eff. Oct. 1, 1979; Laws 1980, c. 186, § 1, emerg. eff. May 12, 1980;
Laws 1983, c. 295, § 1, emerg. eff. June 23, 1983; Laws 1989, c.
132, § 5, eff. June 1, 1990; Laws 1990, c. 257, § 1, eff. July 1,
1990; Laws 1991, c. 3, § 4, eff. July 1, 1991; Laws 1991, c. 330, §
1; Laws 1992, c. 254, § 1, emerg. eff. May 22, 1992; Laws 1993, c.
45, § 3, emerg. eff. April 9, 1993; Laws 1994, c. 360, § 5, eff.
July 1, 1994; Laws 1998, c. 124, § 1, eff. July 1, 1998; Laws 2000,
c. 280, § 2, emerg. eff. June 1, 2000.
§70-5-107B.
positions.
Expansion of a board of education - Chair and other
Oklahoma Statutes - Title 70. Schools
A. The board of education of a district with an average daily
membership (ADM) of more than thirty thousand (30,000) students may
be expanded to add a member who shall be elected at large for a term
of four (4) years and who shall serve as chair of the board. The
chair of the board position may be added upon a majority vote of the
district board of education to add the position. If the board opts
to add the chair of the board position, the chair of the board shall
be elected at the next regular election of board members, held
pursuant to Section 13A-103 of Title 26 of the Oklahoma Statutes,
following the decision of the board.
B. The chair of the board of education shall possess the same
qualifications as required for other board members, shall assume
office as provided for other members of the board of education,
shall be a full, voting member of the board, and shall count for
purposes of a quorum or a majority, or other requirements based on
number of members on the board. The chair shall preside at all
meetings of the board of education in accordance with rules of
parliamentary procedure which have been adopted by a majority vote
of the board, provided that, in the absence of rules adopted by the
board, the chair shall determine and set forth the rules of
parliamentary procedure that shall apply at board meetings; assemble
and control the agenda for board meetings, provided that, upon
approval of a majority of the members of the board, an item shall be
placed on the agenda for the same or a subsequent meeting, in
accordance with the Oklahoma Open Meeting Act; appoint all
committees whose appointment is not otherwise provided for by law;
and shall sign all warrants ordered by the board of education to be
drawn upon the treasurer for school money. The chair of the board
shall possess all powers otherwise provided by law for a member of a
board of education, all powers provided by law for the president of
a board of education, and such other lawful powers as may be
conferred upon the chair by majority vote of the board. The chair
shall receive compensation and benefits as conferred upon other
members of the district board of education.
C. For a district in which a chair of the board has been
elected, the district board of education, during the meeting at
which the chair of the board assumes office, shall elect a vicechair who shall serve a one-year term and until a successor is
elected and qualified. The vice-chair shall perform all duties of
the chair of the board in case of the chair’s absence or disability.
The board shall also elect clerks and deputies as provided in
Section 5-119 of this title. The board shall not elect a president
or vice president.
D. If a district board of education is expanded to include the
chair of the board position, the chair of the board position shall
not be abolished except by a majority vote of the voters of the
school district voting on such question at a special election called
Oklahoma Statutes - Title 70. Schools
for that purpose. The question may be presented only upon a
resolution adopted by three-fourths (3/4) of the board membership or
upon petition for an election on the question, that complies with
the requirements for petition and election set forth in Section 7101 of this title. If the question is approved, the chair of the
board position shall be abolished at the end of the term of the
chair who holds the office when the election is held or upon the
chair’s resignation or vacancy of the office following the election
on the question.
Added by Laws 2000, c. 280, § 1, emerg. eff. June 1, 2000. Amended
by Laws 2001, c. 413, § 3, eff. July 1, 2001.
§70-5-108.
Repealed by Laws 1989, c. 132, § 7, eff. June 1, 1990.
§70-5-109.
Repealed by Laws 1972, c. 216, § 3.
§70-5-110. Instructional requirements for new board members Reimbursement for expenses - Agreement to attend when candidate
files notification and declaration - Registration fees.
A. A school district elector who is elected or appointed to be
a member of a school district board of education prior to January 1,
2014, shall obtain instruction on education issues in accordance
with rules promulgated by the State Board of Education. Except as
provided in subsection B of this section, at the time a school
district elector files a notification and declaration of candidacy
for the office of school district board of education membership or
is appointed to be a member of a school district board of education
on or after January 1, 2014, the elector shall agree and pledge in
writing that, within fifteen (15) months of election or appointment
as a member of the district board of education, the member will
complete at least twelve (12) hours of instruction on education
issues in the following areas: school finance; legal issues, which
include but are not limited to employment, due process, new laws,
the Oklahoma Open Records Act and the Oklahoma Open Meeting Act; and
duties and responsibilities, which include but are not limited to
special education and ethics, of district board of education
members. Each elector shall agree and pledge in writing to complete
at least one (1) hour of instruction in school finance, one (1) hour
of instruction in the Oklahoma Open Records Act and the Oklahoma
Open Meeting Act and one (1) hour of instruction in ethics. The
remaining hours may be satisfied by attending a two-day workshop to
be held within the state by the State Department of Education, by
the Oklahoma Department of Career and Technology Education, or by
attending workshops, seminars or classes which address the abovementioned subject matter, and which are sponsored by any
organization approved by the State Board of Education, including but
not limited to institutions of higher education. The State Board of
Oklahoma Statutes - Title 70. Schools
Education shall promulgate rules by which an organization or
particular courses offered by an organization may be approved for
purposes of fulfilling the instructional requirements set out in
this section.
B. When an incumbent of a district board of education files a
notification and declaration of candidacy for reelection to the
district board of education, the member shall be required to agree
and pledge in writing that upon reelection the member will complete
six (6) hours of instruction, within fifteen (15) months of
election, including one (1) hour of instruction in school finance,
one (1) hour of instruction in the Oklahoma Open Records Act and the
Oklahoma Open Meeting Act and one (1) hour of instruction in ethics.
The remaining hours may be satisfied by attending a workshop, class
or seminar addressing the education issues set forth in subsection A
of this section.
C. The State Department of Education shall, immediately after
the annual elections of various district board of education members,
determine the members of the district boards of education pledged to
complete the instructional requirements established in subsections A
and B of this section, and shall notify the members of the time and
place where workshops, classes and seminars are to be conducted.
Upon completion of the instructional requirements, the certificate
of completion shall be included in the public records of the school
board's minutes. Each school board member, except for an incumbent
member, shall be required within fifteen (15) months following or
preceding election to complete the workshop established by
subsection A of this section or to attend twelve (12) hours of other
state workshops, classes or seminars conducted as instruction on the
subjects of school finance, legal issues, and the ethics, duties and
responsibilities of district board of education members, including
at least one (1) hour of instruction in school finance, one (1) hour
of instruction in the Oklahoma Open Records Act and the Oklahoma
Open Meeting Act and one (1) hour of instruction in ethics.
D. If a school board member, including an incumbent member, has
not satisfied the instructional requirements as set forth in this
section within fifteen (15) months of election, reelection or
appointment, the district board of education shall declare the seat
of the member vacant within sixty (60) days of the final date that
the member has to complete the requirements as indicated by receipt
of the certified notice from the State Board of Education as
provided for pursuant to Section 5-110.2 of this title and shall
fill the vacancy according to law. A school board member who is
required to vacate a school board seat pursuant to this subsection
and Section 5-110.2 of this title shall be ineligible to be
reappointed to, to run for reelection to or to hold that respective
board seat on the school district board of education or to run for
Oklahoma Statutes - Title 70. Schools
election to or to hold any other board seat on the board of
education for a two-year period.
E. All government departments, agencies and institutions of
this state are directed to lend assistance as may be required by the
State Department of Education for the proper conduct and
administration of the workshops as authorized in subsection A of
this section. The State Department of Education shall maintain a
permanent record of the instructional hours and continuing education
hours earned for each district board of education member.
F. The State Department of Education, the Oklahoma Department
of Career and Technology Education, and, upon approval of the State
Board of Education, any organization or association representing
district boards of education in this state are authorized to charge
persons pledged to attend a workshop, class or seminar for purposes
of meeting the instructional requirements of this section, a
registration fee sufficient to defray the estimated costs of
presenting the workshop, class or seminar and to collect the fees at
the time of registration.
G. Any member of a district board of education or any
individual elected, certified as the elected member by the county
election board, but not sworn in and seated as a member of a
district board of education at the time of a workshop, class or
seminar presented by the State Board of Education, the Oklahoma
Department of Career and Technology Education, or an organization or
association representing district boards of education within the
state who attends and successfully completes a workshop, class or
seminar as required by subsection A or B of this section shall be
reimbursed by the school district in accordance with the travel
reimbursement policy of the district.
Added by Laws 1971, c. 281, § 5-110, eff. July 2, 1971. Amended by
Laws 1980, c. 231, § 1, eff. Oct. 1, 1980; Laws 1984, c. 132, § 1;
Laws 1986, c. 99, § 1, eff. Nov. 1, 1986; Laws 1989, 1st Ex. Sess.,
c. 2, § 26, emerg. eff. April 25, 1990; Laws 1990, c. 293, § 7, eff.
Sept. 1, 1990; Laws 1991, c. 180, § 1, emerg. eff. May 13, 1991;
Laws 1992, c. 254, § 2, emerg. eff. May 22, 1992; Laws 1994, c. 360,
§ 6, eff. July 1, 1994; Laws 2005, c. 472, § 4, eff. July 1, 2005;
Laws 2008, c. 439, § 3, eff. July 1, 2008; Laws 2012, c. 192, § 1,
emerg. eff. May 7, 2012; Laws 2012, c. 354, § 4; Laws 2013, c. 17, §
1, eff. July 1, 2013; Laws 2016, c. 356, § 2; Laws 2018, c. 163, §
1, eff. Nov. 1, 2018.
NOTE: Laws 1990, c. 257, § 2 repealed by Laws 1991, c. 180, § 2,
emerg. eff. May 13, 1991 and Laws 1991, c. 335, § 36, emerg. eff.
June 15, 1991.
§70-5-110.1. Board members - Continuing education requirement.
A. In addition to the requirements of Section 5-110 of this
title, every member of a school district board of education elected
Oklahoma Statutes - Title 70. Schools
to a full term of office of five (5) years or more shall be required
to attend a minimum of fifteen (15) hours of continuing education,
each member elected to a full four-year term of office shall be
required to attend a minimum of twelve (12) hours of continuing
education, and each member elected to a full three-year term of
office shall be required to attend a minimum of nine (9) hours of
continuing education, prior to the date set for filing for
reelection to that respective board seat. The continuing education
courses, workshops, seminars, conferences, and conventions which
shall satisfy the continuing education requirement shall be approved
jointly by the State Department of Education and the Oklahoma
Department of Career and Technology Education.
B. Local and state continuing education programs conducted
pursuant to the provisions of this section shall be held in all
regions of the state at institutions of higher learning, area
technology centers or other approved sites. Notice of such courses
and seminars shall be provided to all school board members and to
the public schools.
C. This section shall not apply to those school board members
who file for reelection prior to July 1, 1991.
D. If a school board member has not satisfied the continuing
education requirements of this section, the school district board of
education shall declare the seat of the member vacant within sixty
(60) days of the final date that the member has to complete the
requirements as indicated by receipt of the certified notice from
the State Board of Education as provided for pursuant to Section 5110.2 of this title and shall fill the vacancy according to law. As
determined by the State Board of Education pursuant to Section 5110.2 of this title, failure by a board member to satisfy the
continuing education requirements of this section shall result in
the ineligibility of the member to be reappointed to, run for
reelection to or to hold that respective board seat on the school
district board of education or to run for election to or to hold any
other board seat on the board of education for a two-year period.
E. The State Department of Education, the Oklahoma Department
of Career and Technology Education, and any organization approved by
the State Board of Education, including but not limited to
institutions of higher education, may charge persons attending
continuing education courses a registration fee sufficient to defray
the estimated costs of presenting the course. The registration fees
for each course shall be announced prior to the date of such course.
F. Any member of a school district board of education who
attends and completes a course which satisfies in part or in full
the requirements of this section shall be reimbursed by the school
district for expenses incurred. In addition, a school district
board of education may reimburse members of the board of education
for expenses incurred in registering and attending board member
Oklahoma Statutes - Title 70. Schools
training programs or activities approved by the board which are in
addition to the minimum school board training requirements
established by law.
Added by Laws 1989, c. 10, § 1, operative July 1, 1989. Amended by
Laws 1989, 1st Ex. Sess., c. 2, § 27, emerg. eff. April 25, 1990;
Laws 1990, c. 257, § 3, emerg. eff. May 23, 1990; Laws 1994, c. 360,
§ 7, eff. July 1, 1994; Laws 1996, c. 178, § 1, eff. July 1, 1996;
Laws 2001, c. 140, § 1, eff. July 1, 2001; Laws 2001, c. 414, § 9,
eff. July 1, 2001; Laws 2005, c. 472, § 5, eff. July 1, 2005; Laws
2008, c. 439, § 4, eff. July 1, 2008; Laws 2012, c. 192, § 2, emerg.
eff. May 7, 2012; Laws 2016, c. 356, § 3; Laws 2018, c. 163, § 2,
eff. Nov. 1, 2018.
NOTE: Laws 2001, c. 33, § 71 repealed by Laws 2001, c. 414, § 14,
eff. July 1, 2001.
§70-5-110.2. Records of attendance at continuing education events –
Requirements not completed – Declaration of vacancy.
The State Board of Education shall maintain records of
attendance by school board members at continuing education events
required pursuant to Sections 5-110 and 5-110.1 of this title.
Prior to the final opportunity for each school board member who has
not completed the continuing education requirements to complete the
same, the Board shall notify the school board member and the school
district superintendent by mail before March 1 of each year of any
final opportunity to complete these requirements and the
consequences of not completing the requirements. Upon determining
that a school board member did not complete the continuing education
requirements of Sections 5-110 or 5-110.1 within the respective
period of time, the Board shall immediately notify by certified mail
the school board member and the school district superintendent and
inform the member of the violation of the continuing education
requirements. The school board member shall have sixty (60) days
after the date of receipt of the certified notice to complete the
requirements. If the school board member does not complete the
requirements by the end of the sixty-day time period, the
school district board of education is required to declare the seat
of that member vacant.
Added by Laws 1990, c. 284, § 2, eff. Sept. 1, 1990. Amended by
Laws 2016, c. 356, § 4; Laws 2018, c. 163, § 3, eff. Nov. 1, 2018.
§70-5-111.
Repealed by Laws 1994, c. 360, § 10, eff. July 1, 1994.
§70-5-112.
Repealed by Laws 1988, c. 296, § 12, eff. June 1, 1990.
§70-5-113. Relation by affinity or consanguinity - Prohibition.
A. Except as otherwise provided in this section, no person
shall be eligible to be a candidate for or serve on a board of
Oklahoma Statutes - Title 70. Schools
education if the person is currently employed by the school district
governed by that board of education or is related within the second
degree by affinity or consanguinity to any other member of the board
of education or to any employee of the school district governed by
the board of education. The purpose of this section is both to
prohibit persons who are related within the second degree by
affinity or consanguinity from serving simultaneously on the same
board of education of any school district of this state and to
prohibit persons who are related within the second degree of
consanguinity or affinity to an employee of a school district from
serving on the board of education governing the school district
while such relative is employed except as otherwise provided in this
section.
B. If the relationship is based on affinity, the prohibitions
in this section shall not apply to prevent members of boards of
education who are serving on September 1, 1995, from serving the
term for which they were elected or from serving successive terms
for which they may be elected, unless it is the member's spouse who
is a member of the board of education or an employee of the school
district, then such prohibitions shall apply.
C. The prohibitions set forth in this section shall not apply
if:
1. The person related to the board member within the second
degree of affinity or consanguinity is employed as a substitute
teacher by the school district pursuant to the provisions of Section
6-105 of this title or as a temporary substitute support employee if
the school district has an Average Daily Membership (ADM) of less
than five thousand (5,000); or
2. The school district has an ADM of less than four hundred
(400), the board of education has adopted a policy providing for
such candidate eligibility and the board member who is related
within the second degree by affinity or consanguinity to any
employee of the school district governed by the board of education
complies with the provisions of subsection E of Section 5-113.1 of
this title.
D. Any member of a board of education who violates the
provisions of this section shall be subject to the penalties
prescribed by Sections 485 and 486 of Title 21 of the Oklahoma
Statutes.
Added by Laws 1971, c. 281, § 5-113, eff. July 2, 1971. Amended by
Laws 1992, c. 254, § 3, eff. Sept. 1, 1992; Laws 1994, c. 360, § 8,
eff. July 1, 1994; Laws 1995, c. 257, § 2, emerg. eff. May 25, 1995;
Laws 2009, c. 253, § 1, eff. July 1, 2009; Laws 2018, c. 65, § 1,
emerg. eff. April 23, 2018.
Oklahoma Statutes - Title 70. Schools
§70-5-113.1. Relation by consanguinity or affinity with school
board member prohibited in employment or contracts - Exemptions Executive sessions of board - Collective bargaining agreements.
A. Except as otherwise provided in this section, no person may
be employed or put under contract by a school district if that
person is related to a member of the board of education of that
school district within the second degree of consanguinity or
affinity. A teacher or employee already under contract to or
otherwise employed by the school district at the time the
relationship is established may continue in said employment. Except
as otherwise provided, a board member already serving at the time
the relationship is established may serve out the term for which the
member was elected but shall not be eligible to be a candidate for
or serve successive terms of office for which the member may be
elected.
B. The provisions of this section shall not prevent a board
member from serving successive terms of office if otherwise eligible
under the provision of Section 5-113 of this title. No member of
the board of education who has resigned from the board before the
term of the person has expired may be reappointed to the board to
complete the remainder of the term if a teacher or employee related
to the resigned member of the board within the second degree of
consanguinity or affinity was put under contract or otherwise
employed by the school district after the board member resigned.
C. The provisions of this section shall not prevent a person
who is related to a member of the board of education within the
second degree of consanguinity or affinity from being employed by
the school district as a substitute teacher pursuant to the
provisions of Section 6-105 of this title or as a temporary
substitute support employee if the school district has an Average
Daily Membership (ADM) of less than five thousand (5,000).
D. The provisions of this section shall not prevent a person
who is related to a member of the board of education within the
second degree of consanguinity or affinity from being employed by
the school district if the school district has an Average Daily
Membership (ADM) of less than four hundred (400) and the board of
education has adopted a policy providing for such employment.
E. Any member of a board of education who is related to a
teacher or other employee of the district within the second degree
of consanguinity or affinity shall not attend or participate in any
regular or executive session of the board held to consider any
personnel matter or litigation relating to said teacher or employee.
The member may vote on collective bargaining agreements or the
renewal of contracts as a group if the vote is necessary to form a
quorum of the board of education members. If more than one member
of the board of education is related to a teacher or employee, only
the minimum number of those members which is necessary to form a
Oklahoma Statutes - Title 70. Schools
quorum shall be allowed to vote. Each board of education so
affected shall adopt a written policy establishing procedures on
when such a member may vote on the renewal of contracts or
collective bargaining agreements.
F. Any member of a board of education who violates the
provisions of this section shall be subject to the penalties
prescribed by Sections 485 and 486 of Title 21 of the Oklahoma
Statutes.
Added by Laws 1979, c. 192, § 1, emerg. eff. May 17, 1979. Amended
by Laws 1980, c. 87, § 1, emerg. eff. April 9, 1980; Laws 1982, c.
106, § 1, emerg. eff. April 6, 1982; Laws 1983, c. 106, § 1, emerg.
eff. May 10, 1983; Laws 1984, c. 296, § 43, operative July 1, 1984;
Laws 1989, c. 299, § 3, emerg. eff. May 24, 1989; Laws 1991, c. 317,
§ 1, emerg. eff. June 12, 1991; Laws 1992, c. 254, § 4, eff. Sept.
1, 1992; Laws 1994, c. 360, § 9, eff. July 1, 1994; Laws 1995, c.
322, § 26, eff. July 1, 1995; Laws 2009, c. 253, § 2, eff. July 1,
2009; Laws 2018, c. 65, § 2, emerg. eff. April 23, 2018.
§70-5-113.2. Board member involved in certain litigation may be
denied participation in executive sessions of school board.
Any school board member who, before serving or while serving on
the board of education, initiated litigation against the school
district, school board of education, or an individual board member
of the board of education on which he/she serves, or who is a
governing member of a group, organization, or entity that has
authorized and initiated litigation against that school district,
school board of education, or an individual board member of the
board of education on which he/she serves, may be excluded upon a
majority vote of the board members from any executive session where
the litigation is discussed or from any other form of participation
in the board's defense of the litigation, including any vote on
issues related to that legal action.
Added by Laws 1992, c. 254, § 5, emerg. eff. May 22, 1992.
§70-5-114. County treasurer as district treasurer - Local and
assistant local treasurer - Estimate of needs - Charge for services.
A. The county treasurer of each county shall be the treasurer
of all school districts in the county, except that the board of
education of a school district may appoint a local treasurer for the
school district and, in its discretion, an assistant local treasurer
of the district, each of whom shall serve at the pleasure of the
board for such compensation as the board may determine. The
assistant local treasurer may perform any of the duties and exercise
any of the powers of the local treasurer with the same force and
effect as if the same were done or performed by the local treasurer.
Before entering upon the discharge of the duties of the assistant
treasurer, the assistant treasurer shall give a bond in such amount
Oklahoma Statutes - Title 70. Schools
as the board of education may designate, with good and sufficient
sureties to be approved by the board, conditioned for the faithful
performance of his or her duties. A local treasurer or assistant
local treasurer need not be a resident of the school district where
appointed to serve, although any local treasurer or assistant local
treasurer shall be a resident of this state. Nothing herein shall
prevent a local treasurer or assistant local treasurer from being
appointed for more than one school district.
B. Whenever a county treasurer is designated as the treasurer
for a school district, the county treasurer may elect to charge for
such services. If charges are assessed, the treasurer shall prepare
a special estimate of needs each fiscal year, covering all
expenditures of the office on behalf of any school districts for
which the county treasurer serves as treasurer. The estimate for
treasurer services shall be itemized by personal services and
maintenance and operation expenditures and shall be filed with the
county excise board. In reviewing and approving this estimate, the
county excise board shall authorize and levy amounts for treasurer
services which in the judgment of the board will be sufficient to
perform the services. The board shall apportion the cost among the
school districts for which the treasurer services are to be charged
in the ratio which each school district's total appropriations for
the preceding year bears to the total appropriations of all such
school districts receiving treasurer services for the preceding
year. The amounts shall be included in, or added to, the estimates
of needs or budget of each such school district. The amount as
approved and appropriated by the county excise board shall be paid
by the school district, by appropriate warrants, to the county for
deposit in the county general fund.
Added by Laws 1971, c. 281, § 5-114, eff. July 2, 1971. Amended by
Laws 1980, c. 220, § 1, emerg. eff. May 30, 1980; Laws 1981, c. 175,
§ 1; Laws 1982, c. 4, § 1, operative July 1, 1982; Laws 1988, c. 90,
§ 14, operative July 1, 1988; Laws 1999, c. 327, § 4, eff. July 1,
1999.
§70-5-115. Local treasurer - Surety bond - Duties - Cash and
investment ledgers.
A. Unless the context clearly shows otherwise, the term
“treasurer”, as used in this section, includes a county treasurer
acting as the treasurer of a school district pursuant to the
provisions of Section 5-114 of this title. The treasurer so
appointed shall execute, before entering upon the duties of the
office of the treasurer, a surety bond in an amount which it is
estimated by the board of education the treasurer will have on hand
at any one time during the current year, and the amount of
securities held as investments shall not be considered. The board
of education is empowered to require the treasurer to increase or
Oklahoma Statutes - Title 70. Schools
decrease the bond of the treasurer as the amount of funds on hand
may require. Provided, the bond of a school district shall not, in
any event, be required to be in an amount greater than that of the
county treasurer of the county. The premium on the bond shall be
paid by the board of education out of district funds. Provided,
however, the treasurer of such district shall require the depository
wherein school district funds are deposited to insure or guarantee
the deposit by proper securities, which shall be of the same class
of securities as are required to insure deposits of county
treasurers of the various counties, and the securities shall be
pledged, taken and kept in the manner provided by Sections 517.1
through 517.7 of Title 62 of the Oklahoma Statutes.
B. In all districts which are permitted by law to select a
local treasurer, the county treasurer shall act as treasurer thereof
until such time as a local treasurer shall be appointed and has
executed the surety bond required by this section. In no instance
in which the county treasurer is the treasurer of any school
district shall any additional bond be required, but the official
bond of the county treasurer shall stand for any and all funds and
securities coming into the hands of the county treasurer.
C. The local treasurer of a district, when required by the
board of education, shall prepare and submit in writing a report of
the condition of the finances of the district and shall produce at
any meeting of the board or to any committee appointed for the
purpose of examining the accounts of the treasurer all books and
papers pertaining to the office of the treasurer. Upon failure to
make reports as provided for herein or as may otherwise be required
by law, the board may at any regular or special meeting thereof
summarily suspend the treasurer, and while so suspended the
treasurer shall perform no act pertaining to the office of the
treasurer. Such suspension shall continue until ended by order of
the board or by judgment of a court of competent jurisdiction.
D. The local treasurer of a school district shall keep a
separate cash ledger for each fund in the custody of the treasurer.
The local treasurer shall enter each collection and disbursement in
the cash ledger of the applicable fund by recording the date and
classification of each transaction and such other information as may
be deemed desirable. Additional ledgers shall also be maintained to
record the investments made from each fund. Such investment ledgers
shall disclose the date, description and principal amount paid for
each investment purchased and the date and principal amount received
for each investment liquidated.
E. Upon suspension by the board, the treasurer shall
immediately turn over to the board of education or to the acting
treasurer if one has been appointed by the board, all books and
papers and other property pertaining to the office of the treasurer.
Oklahoma Statutes - Title 70. Schools
F. Except as otherwise provided by law, no treasurer of any
district shall pay out school district funds in the care of the
treasurer except upon warrants signed by the proper school district
officials authorized by the law to sign such warrants, provided,
this restriction shall not apply to sinking funds or to the
investment of school district funds. Authorized sinking fund
payments and payment for investments or receipt of liquidated
investments may be made by check, wire transfer or other instrument
or method through the Federal Reserve System.
G. The board of education shall, each month, set aside funds to
an operating account and to an investment account. Investments by
the treasurer shall be made in accordance with a written policy
adopted by the board of education. The written investment policy
shall address liquidity, diversification, safety of principal,
yield, maturity, quality of the instrument, and capability of
investment management. Acting within the investment policy, the
treasurer shall place primary emphasis on safety and liquidity in
the investment of funds. Taking into account the need to use sound
investment judgment, school districts shall, to the extent
practicable, use competitive bids when they purchase direct
obligations of the United States Government or other obligations of
the United States Government, its agencies or instrumentalities.
Such system shall be designed to maximize yield within each class of
investment instrument, consistent with the safety of the funds
invested. The board of education must review the investment
performance of the treasurer on a regular basis and no less than
each month. The treasurer of every school district shall invest the
full amount of the investment account in:
1. Direct obligations of the United States Government to the
payment of which the full faith and credit of the Government of the
United States is pledged; provided, a treasurer of a school district
who has completed the program pursuant to the provisions of
subsection H of this section may invest funds in the investment
account in other obligations of the United States Government, its
agencies or instrumentalities;
2. Obligations to the payment of which the full faith and
credit of this state is pledged;
3. Certificates of deposits of banks when such certificates of
deposits are secured by acceptable collateral as in the deposit of
other public monies;
4. Savings accounts or savings certificates of savings and loan
associations to the extent that such accounts or certificates are
fully insured by the Federal Savings and Loan Insurance Corporation.
Provided, that the income received from the investments may be
placed in the general fund of the governmental subdivision to be
used for general governmental operations;
Oklahoma Statutes - Title 70. Schools
5. Repurchase agreements that have underlying collateral
consisting of those items specified in paragraphs 1 and 2 of this
subsection including obligations of the United States, its agencies
and instrumentalities, and where the collateral has been deposited
with a trustee or custodian bank in an irrevocable trust or escrow
account established for such purposes;
6. County, municipal or school district direct debt obligations
for which an ad valorem tax may be levied or bond and revenue
anticipation notes, money judgments against such county,
municipality or school district ordered by a court of record or
bonds or bond and revenue anticipation notes issued by a public
trust for which such county, municipality or school district is a
beneficiary thereof. All collateral pledged to secure public funds
shall be valued at no more than market value. The income received
from an investment may be placed in the general fund of the
governmental subdivision to be used for general governmental
operations, the sinking fund, the building fund, or the fund from
which the investment was made;
7. Money market mutual funds regulated by the Securities and
Exchange Commission and which investments consist of obligations of
the United States, its agencies and instrumentalities, and
investments in those items and those restrictions specified in
paragraphs 1 through 6 of this subsection;
8. Warrants, bonds or judgments of the school district;
9. Qualified pooled investment programs, the investments of
which consist of those items specified in paragraphs 1 through 8 of
this subsection, as well as obligations of the United States
agencies and instrumentalities, regardless of the size of the
district’s budget. To be qualified, a pooled investment program for
school funds must be governed through an interlocal cooperative
agreement formed pursuant to Section 5-117b of this title, and the
program must competitively select its investment advisors and other
professionals. Any pooled investment program used must be approved
by the board of education; or
10. Investment programs administered by the State Treasurer.
H. The board of education is hereby empowered to require the
treasurer to satisfactorily complete an investment education program
approved by the State Board of Education and the State Board of
Career and Technology Education. Such program shall be designed to
allow treasurers to make informed decisions regarding the safety,
return, liquidity, costs and benefits of various investment options
allowed under this section.
I. The income received on an investment may be placed in the
fund from which the investment was made, the general fund, the
building fund, or the sinking fund.
Added by Laws 1971, c. 281, § 5-115, eff. July 2, 1971. Amended by
Laws 1985, c. 82, § 4, eff. Nov. 1, 1985; Laws 1986, c. 259, § 52,
Oklahoma Statutes - Title 70. Schools
operative July 1, 1986; Laws 1988, c. 90, § 15, operative July 1,
1988; Laws 1992, c. 211, § 11, eff. July 1, 1992; Laws 1999, c. 327,
§ 5, eff. July 1, 1999; Laws 2000, c. 136, § 15, eff. July 1, 2000;
Laws 2000, c. 334, § 7, eff. July 1, 2000; Laws 2001, c. 33, § 72,
eff. July 1, 2001; Laws 2012, c. 222, § 1.
NOTE: Laws 2000, c. 43, § 1 repealed by Laws 2000, c. 334, § 8,
eff. July 1, 2000.
§70-5-115a.
Repealed by Laws 2004, c. 361, § 33, eff. July 1, 2004.
§70-5-115b. Expiration of treasurer’s term of office – Delivery of
check or warrant registers to successor – Agreement to pay interest
on checks or warrants not payable due to insufficient funds.
Upon the expiration of the term of office, the treasurer shall
deliver check or warrant registers to the succeeding treasurer, and
each successor in office shall act as though check or warrant
entries were registered by the successor, who shall continue
registration of all district checks or warrants. If a check or
warrant cannot be paid for want of sufficient funds, a district may
enter into an agreement not to extend beyond the current fiscal year
with the depository bank to honor payment of these checks at an
annual rate of interest as negotiated by the district and depository
bank, which shall not exceed a rate equal to five percent (5%) above
the average United States Treasury Bill rate of the preceding
calendar year as determined by the State Treasurer on the first
regular business day of each year.
Added by Laws 2004, c. 361, § 18, eff. July 1, 2004.
§70-5-116. Oath of Office.
Each member of the board of education and the treasurer and
assistant treasurer of a school district shall take and subscribe to
the following oath:
"I _____________________(Name of officer), hereby declare under
oath that I will faithfully perform the duties of_____________(Name
of position) of ________________________(Name of school district) to
the best of my ability and that I will faith fully discharge all of
the duties pertaining to said office and obey the Constitution and
laws of the United States and Oklahoma."
Added by Laws 1971, c. 281, § 5-116, eff. July 2, 1971.
§70-5-116a. Superintendent and officers – Employment requirement –
Surety bonds.
A. The superintendent and any financial officer of a school
district shall be required to furnish a surety bond in the penal sum
of not less than One Hundred Thousand Dollars ($100,000.00) or an
amount otherwise set by law or set by the State Board of Education,
Oklahoma Statutes - Title 70. Schools
to be approved as provided by law, and to assure the faithful
performance of the duties of the covered officer and employees.
B. Whenever the superintendent or any officer or other employee
of any school district is required to furnish a surety bond as a
prerequisite to employment as provided for in this section or any
other law, the requirement as to terms, conditions, penalty, amount
or quality or type of surety shall be deemed to mean the furnishing
of a separate bond or surety contract for each individual officer or
employee, or the furnishing of a "blanket bond". For purposes of
this section, “blanket bond” means a school district officer and
employees blanket position bond which covers all officers and
employees up to the penalty of the bond for each officer and
employee and the full penalty of the bond is always enforced during
its term and no restoration is necessary and there is no additional
premium after a loss is paid.
C. All surety bonds as required by this section or other laws
shall be furnished by a company duly qualified under the insurance
laws of this state and shall be purchased by the school district.
Each surety bond shall be payable to the school district and,
whenever possible, conditioned on the faithful performance of the
duties of the individuals covered during their employment or term of
office and that they will properly account for all monies and
property received by virtue of their position or employment.
Added by Laws 1994, c. 222, § 1, eff. Sept. 1, 1994. Amended by
Laws 2009, c. 250, § 2, eff. July 1, 2009.
§70-5-117. Powers and duties.
A. The board of education of each school district shall have
power to:
1. Elect its own officers; provided that the chair of the board
authorized in Section 5-107B of this title shall be elected by the
electors of the school district;
2. Make rules, not inconsistent with the law or rules of the
State Board of Education, governing the board and the school system
of the district, including converting all or part of a traditional
public school to a conversion school;
3. Maintain and operate a complete public school system of such
character as the board of education shall deem best suited to the
needs of the school district;
4. Designate the schools to be attended by the children of the
district;
5. Provide and operate, when deemed advisable, cafeterias or
other eating accommodations, thrift banks or other facilities for
the teaching and practice of thrift and economy, bookstores, print
shops, and vocational and other shops;
6. Provide informational material concerning school bond
elections and millage elections, including but not limited to all
Oklahoma Statutes - Title 70. Schools
pertinent financial information relative to the bond issue, a
statement of revenue sources necessary to retire proposed bonds, a
statement of current bonded indebtedness of the school district, and
a statement of proposed use of funds to be generated by the proposed
bond issue. The informational material shall not contain the words
“vote yes” or “vote no” or any similar words or statement any place
on such informational material;
7. Purchase, construct or rent, and operate and maintain,
classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation
places and playgrounds, teacherages, school bus garages,
laboratories, administration buildings, and other schoolhouses and
school buildings, and acquire sites and equipment for the operation
of public schools or conversion schools;
8.
a.
Insure the school district or its employees against
any loss, damage or liability as defined by Sections
702 through 708 of Title 36 of the Oklahoma Statutes,
or other forms of insurance provided for in Title 36
of the Oklahoma Statutes.
b.
Subject to the restrictions of liability in the
Governmental Tort Claims Act:
(1) insure the school district against all or any
part of any liability it may incur for death,
injury or disability of any person, or for damage
to property, either real or personal,
(2) insure any employee of the school district
against all or any part of the employee’s
liability for injury or damage resulting from an
act or omission in the scope of employment, or
(3) insure against the expense of defending a claim
against the school district or its employee,
whether or not liability exists on such claim.
c.
As used in this subsection, “employee” means any
person who has acted in behalf of a school district,
whether that person is acting on a permanent or
temporary basis with or without being compensated or
on a full-time or part-time basis. Employee also
includes all elected or appointed officers, members of
governing bodies of a school district, and persons
appointed, and other persons designated by a school
district to act in its behalf.
d.
The cost or premium of any such insurance is a proper
expenditure of the school district.
e.
Any insurance authorized by law to be purchased,
obtained or provided by a school district may be
provided by:
(1) self-insurance, which may be, but is not required
to be, funded by appropriations to establish or
Oklahoma Statutes - Title 70. Schools
maintain reserves for self-insurance purposes.
Any self-insurance reserve fund shall be
nonfiscal and shall not be considered in
computing any levy when the school district makes
its annual estimate for needed appropriations,
(2) insurance in any insurer authorized to transact
insurance in this state,
(3) insurance secured in accordance with any other
method provided by law, or
(4) any combination of insurance authorized by this
section.
f.
Two or more school districts or public agencies, by
interlocal agreement made pursuant to the Interlocal
Cooperation Act, may provide insurance for any purpose
by any one or more of the methods specified in this
section. The pooling of self-insured reserves, claims
or losses among governments as authorized in this
section shall not be construed to be transacting
insurance nor otherwise subject to the provisions of
the laws of this state regulating insurance or
insurance companies, except as to the provisions of
Section 607.1 of Title 36 of the Oklahoma Statutes.
Two or more school districts may also be insured under
a master policy or contract of insurance. Premium
costs may be set individually for each school district
or apportioned among participating school districts as
provided by the master policy or contract;
9. Acquire property by condemnation proceedings in the same
manner as land is condemned for railroad purposes. School district
funds may be used to erect buildings on leased land on which other
buildings have been erected prior to April 3, 1969, or on land which
is leased from a governmental entity;
10. Lease real or personal property to the state or any
political subdivision thereof or a not-for-profit entity operating
pursuant to Section 868 of Title 18 of the Oklahoma Statutes for
nominal cash consideration for so long as the use of the property by
the lessee substantially benefits, in whole or in part, the same
public served by the school district;
11. a.
Dispose of personal or real property no longer needed
by the district by sale, exchange, lease, leasepurchase, sale and partial lease back, or otherwise.
Real property shall be conveyed pursuant to a public
sale, public bid, or private sale; provided however,
unless otherwise prohibited by law, the board of
education of a consolidated or annexed school district
or any other school district may convey real property
to a local political subdivision or to an educational
Oklahoma Statutes - Title 70. Schools
b.
institution within The Oklahoma State System of Higher
Education or to a housing authority formed pursuant to
the provisions of Section 1057 of Title 63 of the
Oklahoma Statutes without consideration. Prior to the
sale of any real property, the board of education
shall have the real property appraised. The appraisal
shall be confidential until the real property is sold.
When the real property is sold, the board of education
shall make the appraisal available for public
inspection. Prior to the conveyance of any real
property by private sale, the board of education shall
have offered the real property for sale by public sale
or public bid. Any conveyance of real property by
private sale to a nonprofit organization, association,
or corporation to be used for public purposes, unless
for exchange, shall contain a reversionary clause
which returns the real property to the board of
education upon the cessation of the use without profit
or for public purposes by the purchaser or the assigns
of the purchaser,
If a board of education makes the decision to dispose
of real or personal property that is leased at the
time the decision is made, whether such disposal is by
public sale, public bid or private sale, the lessee
shall have a right of first refusal to purchase the
property on the following terms and conditions:
(1) if a board of education receives a bid or offer
in a public sale, public bid or private sale for
any real or personal property that it desires to
accept, then it shall provide notice to the
lessee of the property. The notice shall include
the identity of the prospective purchaser of the
property, the terms and conditions of the
proposed sale and the purchase price to be paid
by the prospective purchaser, and
(2) the lessee shall have thirty (30) days after
receipt of the notice to inform the board of
education that it elects to purchase the property
on the same terms and conditions set forth in the
notice, in which event the board of education
shall convey the property to the lessee on all
the same terms and conditions set forth in the
notice; provided, however, that if any portion of
the consideration included in the purchase price
set forth in the notice is not in cash, then the
lessee shall be entitled to pay the fair market
value in cash of such noncash consideration;
Oklahoma Statutes - Title 70. Schools
12. Purchase necessary property, equipment, furniture and
supplies necessary to maintain and operate an adequate school
system;
13. Incur all expenses, within the limitations provided for by
law, necessary to perform all powers granted by the provisions of
this section;
14. Contract with and fix the duties and compensation of
physicians, dentists, optometrists, nurses, attorneys,
superintendents, principals, teachers, bus drivers, janitors and
other necessary employees of the district;
15. Establish a written policy for reimbursement of necessary
travel expenses of employees and members of the board. The policy
may include in-district travel from the site of employment
assignment which is necessary in the performance of employment
duties. The written policy shall specify procedures, contain
documentation requirements, and may include payment of meal expenses
during authorized travel on a per diem allowance basis rather than
itemized documentation;
16. Pay necessary travel expenses and other related expenses of
prospective employees for sponsored visits to the school district
pursuant to a written policy specifying procedures containing
documentation requirements equal to or greater than the requirements
specified by law for state employees in the State Travel
Reimbursement Act;
17. Provide for employees’ leaves of absence without pay;
18. Exercise sole control over all the schools and property of
the district, subject to other provisions of the Oklahoma School
Code;
19. Allow district-owned school buses to be used for
transportation of students from other districts or educational
institutions while within the district on educational tours. This
shall not restrict the authority of the board to authorize any other
use of such buses which may now be permitted by law or rule of the
State Board of Education;
20. Enter into contractual agreements with the board of
trustees of a multicounty library system, as defined in Section 4103 of Title 65 of the Oklahoma Statutes, a city-county library
commission, as defined in Section 152 of Title 65 of the Oklahoma
Statutes, or a rural single county library system, as defined in
Section 1-104 of Title 65 of the Oklahoma Statutes, on such terms as
may be mutually agreed, except no district board of education may
enter into any agreement under which the library services for the
school would be provided at any site other than the school site or
which would result in library services that do not meet
accreditation standards as required by law or rule;
21. Perform all functions necessary to the administration of a
school district in Oklahoma as specified in the Oklahoma School
Oklahoma Statutes - Title 70. Schools
Code, and in addition thereto, those powers necessarily implied but
not delegated by law to any other agency or official;
22. Prepare and distribute at the expense of the school
district any and all material which has the purpose of informing the
public about district activities;
23. Solicit and accept any gift, grant, or donation of money or
property for the use of the school district. Any gift, grant, or
donation of money may be deposited in the general fund or building
fund of the school district; and
24. Pay necessary meal and lodging expenses of school district
students and sponsors involved in authorized school-sponsored
cocurricular activities. The board of education shall establish a
written policy for reimbursement of necessary meal and lodging
expenses of school district students and sponsors. The written
policy shall specify procedures, contain documentation requirements,
and designate the funds from which reimbursement may be made.
Reimbursement may be made from the General Fund.
B. The board of education of any school district may rent real
and personal property, if such items are necessary for the operation
of the school, and pay the rental charges for the usage during any
fiscal year, or portion thereof, out of appropriations made and
approved for current expense purposes during the fiscal year. Any
rental contract extending beyond June 30 of the fiscal year shall be
void unless it contains provisions for mutual ratification of
renewal pursuant to the conditions provided for in this subsection.
It is the intent of this subsection to authorize boards of education
to enter into lease contracts but not to incur any obligation
against the school district in excess of the income and revenue
provided for such purposes for the fiscal year in which the lease
contract is operative. Any lease or lease-purchase agreement
entered into by any board of education shall state the purchase
price of real or personal property so leased. The lease or leasepurchase shall not be extended so as to cause payment of more than
the original purchase price of the real or personal property, plus
interest not to exceed the legal rate. When the purchase price plus
interest has been paid, the property shall belong to the lessee and
the lessor shall deliver a deed or bill of sale to the property to
the lessee. When any real or personal property has been leased or
rented during any fiscal year pursuant to the provisions of any
contract which permits continuance of the rental for the remainder
of the fiscal year, the renting or leasing of the property shall be
continued for the remainder of the fiscal year unless the board of
education renting or leasing the same certifies by proper resolution
entered in the minutes of the board of education that the
continuance of the rental is unnecessary and contrary to the public
interest. Any lease-purchase agreement entered into shall include
the right of a school district to acquire buildings, equipment or
Oklahoma Statutes - Title 70. Schools
other facilities or discrete components thereof or improve school
sites through a lease-purchase agreement. A school district may use
proceeds derived from the sale of bonds as authorized by Section 26
of Article X of the Oklahoma Constitution to make lease-purchase
payments, including interest, under a lease-purchase agreement. For
purposes of this subsection, the term “acquired” as used in Section
26 of Article X of the Oklahoma Constitution shall mean the
possession, control, or power to dispose of personal or real
property.
C. The boards of education of two or more school districts may
enter into cooperative agreements and maintain joint programs
including, but not limited to, courses of instruction for
handicapped children, courses of instruction in music and other
subjects, practical instruction for trades and vocations, practical
instruction in driver training courses, and health programs
including visual care by persons legally licensed for such purpose,
without favoritism as to either profession. The revenues necessary
to operate a joint program approved in cooperative agreements,
whether from federal, state or local sources, including the
individual contributions of participating school districts, shall be
deposited into a fund separate from all other appropriated funds.
The beginning fund balance each year, combined with all actual
revenues, including collected and estimated revenues, must be
appropriated before being expended. Purchase orders shall be issued
against available appropriations and, once goods or services have
been received, either payable or nonpayable warrants shall be issued
in payment of all purchase orders. The fund shall be reported as a
separate appropriated fund in all the financial reports of the
school district which is chosen by the other school districts to
keep the accounting records of the joint program.
D. The boards of education of two or more school districts may
enter into a mutual contract or separate contracts with a
superintendent, administrator, or teacher or with a person to
provide support services, to serve as superintendent, administrator,
or teacher, as appropriately qualified, or to provide support
services, for each contracting district upon such terms and
conditions as the parties may agree. Nothing in this section shall
be construed to authorize or require annexation or consolidation of
any school districts or the closing of any school site except
pursuant to law as set forth in Section 7-101 et seq. of this title.
E. Any school district may operate or maintain a school or
schools on any military reservation which is within the boundaries
of the school district or which is adjacent to the school district,
and provide the instruction in the school or schools to children of
personnel on the military reservation and, in doing so, shall
conform to all federal laws and requirements.
Oklahoma Statutes - Title 70. Schools
F. The board of education of each school district shall adopt
and maintain on file in the office of the superintendent of schools
appropriate personnel policy and sick leave guide. The guide shall
be made available to the public.
G. The board of education of any school district with an
average daily membership of thirty thousand (30,000) or more and all
or part of which school district is located in a county having more
than five hundred thousand (500,000) population according to the
latest Federal Decennial Census may contract with a public or
private nonsectarian entity for that entity to provide educational
and administrative services for the school district. The
educational services provided by a contracting entity may include
but are not limited to the delivery of instructional service in core
and noncore academic subjects to the students enrolled in the school
district at one or more school sites or parts of sites within the
district pursuant to the terms of an educational services contract.
All educational service providers and their employees and
representatives and all educational and administrative services
provided under an educational services contract shall be exempt from
all statutes and rules relating to schools, boards of education and
school districts to the same extent that a charter school is exempt
under the Oklahoma Charter Schools Act. For all purposes including
but not limited to attendance, funding from all sources and
accountability, all students who are provided services by a
contracting entity pursuant to an educational services contract
shall at all times be and remain students of the school district.
Added by Laws 1971, c. 281, § 5-117, eff. July 2, 1971. Amended by
Laws 1972, c. 166, § 1, emerg. eff. April 7, 1972; Laws 1979, c.
184, § 1; Laws 1982, c. 143, § 1; Laws 1983, c. 189, § 1, emerg.
eff. June 14, 1983; Laws 1987, c. 204, § 63, operative July 1, 1987;
Laws 1988, c. 90, § 16, operative July 1, 1988; Laws 1989, c. 315, §
57, operative July 1, 1989; Laws 1990, c. 221, § 6, operative July
1, 1990; Laws 1991, c. 280, § 57, eff. July 1, 1991; Laws 1992, c.
111, § 2, emerg. eff. April 21, 1992; Laws 1993, c. 361, § 3, eff.
July 1, 1993; Laws 1994, c. 362, § 4, eff. July 1, 1994; Laws 1995,
c. 165, § 3, emerg. eff. May 2, 1995; Laws 1996, c. 121, § 1, eff.
July 1, 1996; Laws 1998, c. 217, § 2, eff. July 1, 1998; Laws 1998,
c. 365, § 8, eff. July 1, 1998; Laws 1999, c. 149, § 6, eff. July 1,
1999; Laws 1999, c. 327, § 1, eff. July 1, 1999; Laws 2000, c. 6, §
18, emerg. eff. March 20, 2000; Laws 2000, c. 280, § 3, emerg. eff.
June 1, 2000; Laws 2002, c. 483, § 2, eff. July 1, 2002; Laws 2003,
c. 3, § 78, emerg. eff. March 19, 2003; Laws 2003, c. 173, § 2, eff.
July 1, 2003; Laws 2003, c. 455, § 2, eff. July 1, 2003; Laws 2004,
c. 71, § 1, eff. July 1, 2004; Laws 2005, c. 472, § 6, eff. July 1,
2005; Laws 2009, c. 250, § 3, eff. July 1, 2009; Laws 2010, c. 123,
§ 1, emerg. eff. April 16, 2010; Laws 2013, c. 306, § 2, emerg. eff.
May 16, 2013; Laws 2015, c. 166, § 1, eff. July 1, 2015; Laws 2016,
Oklahoma Statutes - Title 70. Schools
c. 27, § 2, eff. July 1, 2016; Laws 2018, c. 149, § 1; Laws 2021, c.
123, § 1, eff. July 1, 2021.
NOTE: Laws 1999, c. 244, § 1 repealed by Laws 2000, c. 6, § 33,
emerg. eff. March 20, 2000. Laws 2002, c. 283, § 1 repealed by Laws
2003, c. 3, § 79, emerg. eff. March 19, 2003.
§70-5-117.1. Cooperative contracts.
The board of education of any school district in this state
which is contiguous to any other school district located in an
adjacent state is hereby authorized to enter into contracts with the
board of education of the school district located in the adjacent
state for the purpose of providing better educational opportunities
for students residing in both school districts. Such contracts may
provide for:
1. The transfer of students between the two school districts;
2. The payment and acceptance of transfer fees for students
transferred between the two school districts, the amount of which
will be agreed upon by the boards of education thereof;
3. The use of district-owned school buses to transport students
to and from the schools operated in the school districts; and
4. Such other cooperative agreements as will be necessary to
provide quality education for all students residing or attending
schools in the school districts.
Laws 1976, c. 38, § 1, eff. July 1, 1976. Amended by Laws 1990, c.
293, § 3, eff. Sept. 1, 1990.
§70-5-117.1a. Correctional facilities - Operation within restricted
school areas - Vote by board of education.
The board of education of a school district or a private school
may, through a majority vote of the board, allow a correctional
facility operated by the Department of Corrections, a county, a
municipality, or a private corporation to operate within the areas
restricted by Sections 563 and 563.1 of Title 57 of the Oklahoma
Statutes.
Added by Laws 1998, c. 290, § 6, eff. July 1, 1998.
§70-5-117.2. Additional authorization.
The State Board of Education is hereby authorized to adopt such
rules and regulations as may be necessary to assist any school
district located in this state in carrying out the provisions of
Sections 5-117.1 and 5-117.3 of this title.
Laws 1976, c. 38, § 2, eff. July 1, 1976. Amended by Laws 1990, c.
293, § 4, eff. Sept. 1, 1990.
§70-5-117.3. Average daily attendance.
Students who reside within the boundaries of a school district
located in this state, but who have attended school in a contiguous
Oklahoma Statutes - Title 70. Schools
school district located in an adjacent state, shall be included in
the average daily attendance of the school district located in this
state for the purpose of calculation and payment of all state aid
and for the distribution of all other revenue required by law to be
apportioned on an average daily attendance basis.
Under no circumstances shall students who reside outside of the
State of Oklahoma be counted as ADM for the purpose of calculation
of State Aid in Oklahoma.
Laws 1976, c. 38, § 3, eff. July 1, 1976. Amended by Laws 1990, c.
293, § 5, eff. Sept. 1, 1990.
§70-5-117.4. School improvement plan.
A. Each local board of education shall, after convening an
advisory council that includes teachers and parents, and after
holding at least one public hearing, adopt a six-year school
improvement plan for the district. Each school improvement plan
shall include stated goals that clearly delineate educational
expectations, and shall be annually monitored and updated as
necessary. The alternative education plan for the school district
as required in subsection B of Section 1210.566 of this title shall
be included in the school improvement plan. The plan shall also
include a specific program of improvement through academic skill
reinforcement and/or remediation pursuant to the provisions of the
Oklahoma School Testing Program Act. The plan shall include an
evaluation of the instructional program in the basic skills areas as
specified in paragraphs 1 and 2 of subsection A of Section 11-103 of
this title and specific plans whereby schools within the district
will initiate the planning process of meeting or exceeding the
accreditation requirements in Section 3-104.4 of this title. The
six-year school improvement plan shall include a consideration of
the feasibility of participation in any programs which consist of
state exemption from educational-related statutes or rules.
B. As set forth in Section 1210.544 of this title, the State
Board of Education shall establish a process to identify schools in
the state that are consistently listed as persistently low-achieving
schools in accordance with subsection (g)(6) of Section 1003 of
Title I of the Elementary and Secondary Education Act of 1965
(ESEA), as amended. A school district board of education with a
school identified as being among the persistently lowest-achieving
schools in the state shall, in addition to the requirements set
forth in Section 1210.544 of this title, submit an annual update to
the school improvement plan to the State Board of Education. The
annual update to the school improvement plan shall be submitted
electronically.
C. The State Board of Education shall promulgate rules for
monitoring compliance with the provisions of this section by school
districts.
Oklahoma Statutes - Title 70. Schools
D. The State Department of Education shall provide training for
regional accreditation officers in alternative education program
compliance.
Added by Laws 1985, c. 329, § 17, emerg. eff. July 30, 1985.
Amended by Laws 1986, c. 259, § 64, operative July 1, 1986; Laws
1987, c. 186, § 2, eff. Nov. 1, 1987; Laws 1989, c. 315, § 58,
operative July 1, 1989; Laws 1989, 1st Ex. Sess., c. 2, § 39, emerg.
eff. April 25, 1990; Laws 1995, c. 307, § 5, eff. July 1, 1995; Laws
2002, c. 289, § 2, eff. July 1, 2002; Laws 2012, c. 354, § 5.
§70-5-117.5. Employee health insurance plans.
A. The board of education of each school district in this state
shall provide a health insurance plan for the employees of the
school district. School districts may obtain health and dental
insurance coverage as provided for in the State and Education
Employees Group Insurance Act or may obtain other health insurance
coverage. Any school district that does not participate in the
health and dental insurance plans offered through the State and
Education Employees Group Insurance Act shall obtain health
insurance coverage for the employees which provides open enrollment,
and provide for the continuation of health insurance coverage,
including supplemental Medicare insurance coverage, for those
district employees who retire from said district after September 30,
1991, with a vested benefit in the Teachers' Retirement System of
Oklahoma. A retired person who begins receiving benefits from the
Teachers' Retirement System of Oklahoma after September 30, 1991,
who retires from a school district that provides other health
insurance coverage, and who elects to continue said health insurance
coverage shall pay to the school district the premium rate for the
health insurance minus an amount equal to the premium rate of the
Medicare supplement or the amount determined pursuant to subsection
(4) of Section 1316.3 of Title 74 of the Oklahoma Statutes,
whichever is less, which shall be paid by the Teachers' Retirement
System of Oklahoma to the school district. The school district
shall remit to the health insurance coverage provider the total
premium due less any uncollected amounts payable from retired school
district employees or their qualified survivors.
B. A school district that participates in health insurance
coverage other than the health insurance plan offered by the State
and Education Employees Group Insurance Act shall not be required to
pay any portion of the premiums for the employees or the dependents
of the employees of said school district, except as may otherwise be
provided by law. Unless a school district negotiates an agreement
with its employees regarding health insurance pursuant to Sections
509.1 through 509.9 of this title, and to the extent that the
agreement provides for the members of the recognized bargaining
unit, a school district that participates in health insurance
Oklahoma Statutes - Title 70. Schools
coverage other than the health insurance plan offered by the State
and Education Employees Group Insurance Act is prohibited from
acquiring additional or supplemental health or dental insurance for
any board member, school superintendent or any other employee which
is not available to all employees of said district, and said school
district shall not pay a greater portion of the employee or
dependent premium for any health or dental insurance plan or plans
provided by said school district on behalf of any board member,
school superintendent or employee than that portion paid on behalf
of all participating employees of said district.
C. If a school district obtains health insurance coverage from
a source other than through the State and Education Employees Group
Insurance Act, the employees of the school district who would be
eligible to participate in the health and dental plans may require
the board of education of the school district to call an election to
allow said employees to vote as to whether the school district shall
participate in the health and dental insurance plans offered through
the State and Education Employees Group Insurance Act. Upon the
filing with the board of education of a petition calling for such an
election which is signed by no less than thirty percent (30%) of the
eligible employees of the school district, the board of education
shall call an election for the purpose of determining whether the
school district shall participate in the health and dental insurance
plans offered through the State and Education Employees Group
Insurance Act. The election shall be held within thirty (30) days
of the filing of the petition. If a majority of those eligible
employees voting at the election vote to participate in the health
and dental insurance plans offered through the State and Education
Employees Group Insurance Act, the board of education of the school
district shall apply for such participation within thirty (30) days
of the election.
D. If a school district does not have any health insurance
coverage of the type required by this section, that school district
shall immediately be enrolled in the health and dental insurance
plans offered through the State and Education Employees Group
Insurance Act.
E. A carrier providing health insurance coverage for employees
of a school district health insurance group which replaces a
previous carrier for such school district employees shall provide
coverage for each retired employee who is receiving a benefit or
terminates employment with a vested benefit from the Teachers'
Retirement System of Oklahoma and who is enrolled in the health
insurance group by the previous carrier at the time the previous
carrier providing health insurance coverage is replaced.
Notwithstanding any provision in this section to the contrary, any
person who retires pursuant to the provisions of the Teachers'
Retirement System of Oklahoma prior to May 1, 1993, or terminates
Oklahoma Statutes - Title 70. Schools
service with a vested benefit, pursuant to the provisions of the
Teachers' Retirement System of Oklahoma prior to May 1, 1993, may
continue to participate in the health and dental plans authorized by
the provisions of the State and Education Employees Group Insurance
Act.
F. In the event a school district ceases to exist, the assets
and duties of said school district are transferred to one or more
other school districts, said other school district or districts do
not agree to employ all of the former employees of the school
district that is ceasing to exist, and said former employees who are
not being reemployed have rights under federal or state law to
continue group insurance coverage, the school district receiving all
or a portion of the assets and duties of the annexing school
district having the largest general fund revenue for the most recent
preceding fiscal year for which data is available shall provide
group insurance coverage to said former employees not being retained
during the period as required by law.
G. Any member of a district board of education who terminates
service on or after July 1, 2002, who has served ten (10) or more
years as a district board of education member in this state, and who
is participating at the time of termination in a health and/or
dental insurance plan offered by the school district, may elect upon
termination of such service to continue participation in the health
and/or dental insurance plan that the member was participating in at
the time of termination. The election provided in this subsection
shall be made within thirty (30) days from the date of the school
board member’s termination of service. The school board member
shall pay the full cost of the insurance premium for such aftertermination coverage at the rate and pursuant to the terms and
conditions of such health and/or dental plan.
Added by Laws 1988, c. 165, § 1, operative July 1, 1988. Amended by
Laws 1991, c. 219, § 1, emerg. eff. May 22, 1991; Laws 1993, c. 359,
§ 1, eff. July 1, 1993; Laws 2001, c. 151, § 1, eff. July 1, 2001.
§70-5-117.6. Regulation of dogs running at large.
The board of education of any school district which has property
that lies outside the boundaries of a municipality may regulate or
prohibit dogs from running at large on such property or on public
property within five hundred (500) feet of such property, and cause
the dogs to be impounded and may authorize the humane killing or
disposal of such dogs. The board of education may contract for the
control of such dogs.
Added by Laws 1996, c. 116, § 1, eff. Nov. 1, 1996.
§70-5-117.7. Casualty and flood insurance recovery fund to purchase
high-deductible property insurance policy.
Oklahoma Statutes - Title 70. Schools
A. Pursuant to the powers and duties granted by paragraph 8 of
subsection A of Section 5-117 of Title 70 of the Oklahoma Statutes,
the board of education of each school district may establish a
casualty and flood insurance recovery fund for the purpose of
purchasing a high-deductible property insurance policy.
B. Monies for the casualty and flood insurance recovery fund
shall be transferred from the school district general fund, as
defined in Section 1-117 of Title 70 of the Oklahoma Statutes. The
amount of monies transferred from the general fund shall not exceed
the amount of the high-deductible property insurance policy
deductible.
Added by Laws 2024, c. 12, § 1, eff. July 1, 2024.
§70-5-117a. Contracts for supplies, equipment or materials Bidders to provide information as to manufacturer and country of
origin of supplies, equipment and materials - Exemptions.
A. Any board of education for a school district may require
each bidder for a school district contract for supplies, equipment
or materials to provide information as to the manufacturer and
country of origin of any supplies, equipment or materials for the
school district as specified by labels attached to the supplies,
equipment or materials where such identification is required by
federal or state law.
B. Any school district contract for the purchase of supplies,
equipment or materials may require the contractor to obtain from all
of his subcontractors information as to the manufacturer and country
or countries of origin of any such supplies, equipment or materials
provided to the school district as specified by labels attached to
the supplies, equipment or materials where such identification is
required by federal or state law.
C. The provisions of this section shall not apply to:
1. Component parts or accessories; or
2. The purchase of supplies, equipment or material by any board
of education, if such purchase is made through an open market
contract or a statewide contract executed by the Office of
Management and Enterprise Services.
Added by Laws 1992, c. 205, § 3, eff. July 1, 1992. Amended by Laws
2012, c. 304, § 597.
§70-5-117b. Interlocal cooperative agreements.
A. The boards of education of any two or more school districts
may enter into an interlocal cooperative agreement for the purpose
of jointly and comparatively performing any of the services, duties,
functions, activities, obligations, or responsibilities which are
authorized or required by law to be performed by school districts of
this state. Two or more school districts may enter into an
interlocal cooperative agreement for the purpose of forming buying
Oklahoma Statutes - Title 70. Schools
pools and purchasing cooperatives. As used in this section,
“interlocal cooperative agreement” means an agreement which is
entered into by the boards of education of two or more school
districts pursuant to the provisions of this section. This section
shall not prohibit school districts from entering into cooperative
agreements authorized under Section 5-117 of this title or interfere
with existing cooperative agreements between school districts. If
the boards of education of any two or more school districts enter
into an interlocal cooperative agreement the following conditions
may apply:
1. An interlocal cooperative agreement shall establish a board
of directors which shall be responsible for administering the joint
or cooperative undertaking. The agreement shall specify the
organization, terms, and composition of, and manner of appointment
to, the board of directors and shall make provision for
restructuring or terminating the board upon partial or complete
termination of the agreement. The board of directors shall be
selected by the board of education of each contracting school
district and may include but not be limited to a board member,
administrator, or teacher from each contracting school district.
Vacancies in the membership of the board of directors shall be
filled within thirty (30) days from the date of the vacancy in the
manner specified in the agreement. Provided, however, an interlocal
cooperative agreement entered into pursuant to this act for the
purpose of providing insurance for Oklahoma educational institutions
shall maintain at least one of each of the following positions on
the board of directors:
a.
an individual who is a member of the American Academy
of Actuaries, and
b.
an individual with more than ten (10) years of
professional experience in property and casualty
insurance;
2. An interlocal cooperative agreement which is optional to
school districts and shall be effective only after it is approved by
the State Board of Education and the board of directors may be
designated as a local education agency for some or all state and
federal application, reporting, and auditing procedures. An
interlocal cooperative board of directors that has been designated
as a local education agency shall comply with state and federal law
and the regulations of the State Board of Education;
3. An interlocal cooperative agreement shall be subject to
change or termination by a recommendation of the State Board of
Education;
4. The duration of an interlocal cooperative agreement for
joint or cooperative action in performing any of the services,
duties, functions, activities, obligations, or responsibilities,
other than the provision of special education services, which are
Oklahoma Statutes - Title 70. Schools
authorized or required by law of school districts in this state,
shall be for a term of not less than one (1) year. Notice of intent
of a school district to withdraw from the cooperative agreement must
be given no later than March 15 for the ensuing school year;
5. An interlocal cooperative agreement shall specify the method
or methods to be employed for disposing of property upon partial or
complete termination of the agreement;
6. Within the limitations provided by law, an interlocal
cooperative agreement may be changed or modified by majority consent
of the interlocal cooperative board of directors;
7. Except as otherwise specifically provided in this section,
any powers, privileges, or authority exercised or capable of being
exercised by any school district of this state, or by any board of
education thereof, may be jointly exercised pursuant to the
provisions of an interlocal cooperative agreement. Federal grant
money, applied for on behalf of a school district, may be disbursed
directly to an interlocal cooperative with the consent of the school
districts comprising the interlocal cooperative. No powers,
privileges, or authority with respect to the levy and collection of
taxes or the application for or receipt of State Aid formula money,
or the issuance of bonds shall be created or effectuated for joint
exercise pursuant to the provisions of an interlocal cooperative
agreement; and
8. Payments from the general fund of each school district which
enters into any interlocal cooperative agreement for the purpose of
financing the joint or cooperative undertaking provided for by the
agreement shall be operating expenses.
B. Nothing contained in this section shall be construed to
abrogate, interfere with, impair, qualify, or affect in any manner
the exercise and enjoyment of all the powers, privileges, and
authority conferred upon school districts and boards of education by
law, except that boards of education and school districts are
required to comply with the provisions of this section when entering
into an interlocal cooperative agreement that meets the definition
of an interlocal cooperative agreement.
Added by Laws 1993, c. 120, § 1, eff. July 1, 1993. Amended by Laws
2003, c. 327, § 1, eff. July 1, 2003; Laws 2011, c. 121, § 1; Laws
2024, c. 171, § 1, eff. July 1, 2024.
§70-5-118. Meetings of board - Change in date of regular meetings Compensation of members of boards of districts with ADA exceeding
15,000.
A. Regular meetings of the board of education of each school
district shall be held upon the first Monday of each month, or upon
such day as may be fixed by the board. Special meetings may be held
from time to time as circumstances may demand.
Oklahoma Statutes - Title 70. Schools
B. All meetings of the boards of education shall be public
meetings, and in all such meetings the vote of each member must be
publicly cast and recorded. Executive sessions will be permitted
only for the purpose of discussing the employment, hiring,
appointment, promotion, demotion, disciplining, or resignations of
any or all of the employees or volunteers of the school district,
and for the purpose of discussing negotiations concerning employees
and representatives of employee groups, and for the purpose of
hearing evidence and discussing the expulsion or suspension of a
student or students only when requested by the student involved or
his or her parent, attorney, or legal guardian; provided, however,
that any vote or action thereon must be taken in a public meeting
with the vote of each member publicly cast and recorded. It is
required that the board of education shall provide notice to the
student, his or her parent, attorney or legal guardian that said
student is entitled to an executive session regarding the discussion
of expulsion or suspension of said student.
C. Any action taken in violation of the provisions of this act
shall be invalid.
D. Each member of the board of education of a school district
with an average daily attendance exceeding fifteen thousand (15,000)
or a school district where boundaries encompass a total population
exceeding one hundred thousand (100,000) persons according to the
last preceding Federal Decennial Census may be paid from the
district's general fund a stipend of Twenty-five Dollars ($25.00)
for each regular, special or adjourned meeting of the board of
education that he or she attends, but not for more than four
meetings in any calendar month.
E. 1. Unless otherwise provided by law, a board of education
may submit an Affidavit of Board Action to the State Department of
Education in lieu of approved board minutes to provide proof of an
action approved or taken at a board meeting. Such affidavit shall
be signed and sworn by the applicable personnel as provided in
paragraph 2 of this subsection. The State Department of Education
shall accept a signed Affidavit of Board Action as certification
that the district board has approved or taken a specific action at a
board meeting. Nothing in this subsection shall exempt a board of
education from keeping minutes of a meeting in accordance with
Section 312 of Title 25 of the Oklahoma Statutes.
2. The Affidavit of Board Action described in paragraph 1 of
this subsection shall include:
a.
the county or district code,
b.
the name of the school district,
c.
the date of the board meeting,
d.
the agenda item number approved,
e.
a summary of the action approved,
Oklahoma Statutes - Title 70. Schools
f.
an affirming signature representing the district from
the district superintendent or the assistant
superintendent, and
g.
an affirming signature representing the district board
from the board president or chair, or from a board
officer.
Added by Laws 1971, c. 281, § 5-118, eff. July 2, 1971. Amended by
Laws 1975, c. 101, § 1, emerg. eff. May 1, 1975; Laws 1977, c. 116,
§ 1; Laws 1987, c. 53, § 1, eff. Nov. 1, 1987; Laws 2005, c. 472, §
7, eff. July 1, 2005; Laws 2025, c. 4, § 1, eff. Nov. 1, 2025.
§70-5-119. Officers of board - Encumbrance clerk and minute clerk Bond.
A. Except for districts that elect a chair of the board
pursuant to Section 1 of this act, the board of education of each
school district shall elect from its membership at the first
regular, special or emergency meeting following the annual school
election and certification of election of new members, a president
and vice president, each of whom shall serve for a term of one (1)
year and until a successor is elected and qualified. The board
shall also elect a clerk and, in its discretion, a deputy clerk,
either of whom may be one of the members of the board, and each of
whom shall hold office during the pleasure of the board and each of
whom shall receive such compensation for services as the board may
allow. If the board elects a board clerk who is not one of the
members of the board, the board clerk may also be employed as the
encumbrance clerk and minute clerk. Provided, no superintendent,
principal, treasurer or assistant treasurer, instructor, or teacher
employed by such board shall be elected or serve as clerk or deputy
clerk of the board nor as encumbrance clerk or minute clerk except
that a treasurer or assistant treasurer may serve as a minute clerk.
No board member shall serve as encumbrance clerk or minute clerk.
The deputy clerk may perform any of the duties and exercise any of
the powers of the clerk with the same force and effect as if the
same were done or performed by the clerk. Before entering upon the
discharge of the duties of the deputy clerk, the deputy clerk shall
give a bond in a sum of not less than One Thousand Dollars
($1,000.00) with good and sufficient sureties to be approved by the
board conditioned for the faithful performance of the duties of the
deputy clerk.
B. The board of education shall employ an encumbrance clerk and
minute clerk, both functions of which may be performed by the same
employee. The encumbrance clerk shall keep the books and documents
of the school district and perform such other duties as the board of
education or its committees may require. The minute clerk shall
keep an accurate journal of the proceedings of the board of
education and perform such other duties as the board of education or
Oklahoma Statutes - Title 70. Schools
its committees may require. The board of education may designate a
deputy minute clerk. The deputy minute clerk may perform any of the
duties and exercise any of the powers of the minute clerk with the
same force and effect as if the same were done or performed by the
minute clerk. Before entering upon the discharge of the duties of
the deputy minute clerk, the deputy minute clerk shall give a bond
in a sum of not less than One Thousand Dollars ($1,000.00) with good
and sufficient sureties to be approved by the board conditioned for
the faithful performance of the duties of the deputy minute clerk.
Before entering upon the discharge of their duties, the encumbrance
clerk and minute clerk shall each give a bond in a sum of not less
than One Thousand Dollars ($1,000.00) with good and sufficient
sureties to be approved by the board conditioned for the faithful
performance of their duties. If both functions are performed by the
same person only one bond in a sum of not less than One Thousand
Dollars ($1,000.00) shall be required.
Added by Laws 1971, c. 281, § 5-119, eff. July 2, 1971. Amended by
Laws 1988, c. 90, § 17, operative July 1, 1988; Laws 1989, c. 315, §
59, operative July 1, 1989; Laws 1990, c. 221, § 7, operative July
1, 1990; Laws 1992, c. 254, § 6, emerg. eff. May 22, 1992; Laws
2000, c. 280, § 4, emerg. eff. June 1, 2000.
§70-5-120. President - Duties.
It shall be the duty of the president to preside at meetings of
the board of education, to appoint all committees whose appointment
is not otherwise provided for, and to sign all warrants ordered by
the board of education to be drawn upon the treasurer for school
money.
Added by Laws 1971, c. 281, § 5-120, eff. July 2, 1971.
§70-5-121. Vice president - Duties.
It shall be the duty of the vice president to perform all of the
duties of the president in case of his absence or disability.
Added by Laws 1971, c. 281, § 5-121, eff. July 2, 1971.
§70-5-122. Clerk - Duties.
It shall be the duty of the clerk to countersign all warrants
for school monies drawn upon the treasurer by the board of education
and perform such other duties as required by law or as the board of
education or its committees may require.
The clerk of the board of education of any school district is
hereby authorized to destroy all claims, warrants, contracts,
purchase orders and any other financial records, or documents,
including those relating to school activity funds, on file or stored
in the offices of the board of education of such district for a
period of longer than five (5) years.
Amended by Laws 1988, c. 90, § 18, operative July 1, 1988.
Oklahoma Statutes - Title 70. Schools
§70-5-123. Noncontract expenditures – Limitations.
No expenditure involving an amount greater than Five Hundred
Dollars ($500.00) shall be made by a board of education except in
accordance with the provisions of a written contract or purchase
order.
Added by Laws 1971, c. 281, § 5-123, eff. July 2, 1971. Amended by
Laws 1982, c. 143, § 2; Laws 1985, c. 101, § 1, emerg. eff. May 28,
1985; Laws 1989, c. 300, § 16, operative July 1, 1989; Laws 1999, c.
86, § 1, eff. July 1, 1999.
§70-5-124. Board contracts prohibited - Exceptions.
A. Except as otherwise provided in this section, no board of
education of any school district in this state shall make any
contract with any of its members or with any company, individual or
business concern in which any of its members shall be directly or
indirectly interested. All contracts made in violation of this
section shall be wholly void. A member of a board of education
shall be considered to be interested in any contract made with any
company, individual, or any business concern if the member of the
board of education or any member of the immediate family of the
member owns any substantial interest in same.
B. For purposes of this section, the following shall not be
considered the making of a contract:
1. Any contract with a qualified nonprofit Internal Revenue
Code 501(c)(3) organization, except for contracts paying salaries or
expenses or except a contract involving the counseling or
instruction of students or staff;
2. Monthly billings submitted to any school district for public
utility companies, electric cooperatives or telephone companies,
whose services are regulated by the Oklahoma Corporation Commission,
or billings of the utility companies, electric cooperatives or
telephone companies pertaining to installations or changes in
service, where tariffs for the charges or billings by the companies
are on file with the Oklahoma Corporation Commission; and
3. The depositing of any funds in a bank or other depository.
C. 1. The governing board of a technology center school
district may enter into a contract for the technology center school
district to provide training for a company, individual or business
concern by which a member of the board is employed. A board member
shall abstain from voting on any such contract between the
technology center school district board and the company, individual
or business concern by which the member is employed.
2. A board of education may enter into a contract with a
company, individual, or business concern in which a board member or
a member's spouse is employed by or has a substantial interest if
the company, individual, or business concern is the only supplier
Oklahoma Statutes - Title 70. Schools
having a place of business located within the school district or
within ten (10) miles of the needed services or materials. The
board member shall abstain from voting on any such contract between
the company, individual, or business concern in which that member
has a substantial interest, and the minutes of the board meeting at
which the contract is approved shall state that the contract is
being made because of the lack of another supplier with a place of
business located within the school district.
3. A board of education which has entered into a lease-purchase
agreement, prior to the time a board member which has a substantial
interest in the company, individual, or business concern became a
member of the board of education, may, after the member becomes a
board member, continue to exercise any fiscal year options in the
lease-purchase agreement for renewal of the lease-purchase for the
balance of the contract term. The affected board member shall
abstain from voting on such fiscal year renewal of the continuation
of the lease-purchase agreement.
4. A board of education may enter into a contract with a
company, individual or business concern in which a board member or a
spouse of a member is employed and has no substantial interest if
the school district does not include any part of a municipality with
a population greater than two thousand five hundred (2,500)
according to the latest Federal Decennial Census and the company,
individual or business concern is located in the corporate limits of
a municipality which is in the boundaries of the school district.
D. A board member shall not be considered to be directly or
indirectly interested in any contract with a company, individual, or
business concern that employs such board member or the spouse of the
board member if the board member or the spouse of the board member
has an interest of five percent (5%) or less in the company,
individual, or business concern.
Added by Laws 1971, c. 281, § 5-124, eff. July 2, 1971. Amended by
Laws 1987, c. 102, § 2, emerg. eff. May 22, 1987; Laws 1992, c. 394,
§ 2, emerg. eff. June 10, 1992; Laws 1993, c. 118, § 1; Laws 1996,
c. 341, § 4, eff. Nov. 1, 1996; Laws 1997, c. 317, § 4, emerg. eff.
May 29, 1997; Laws 1998, c. 365, § 9, eff. July 1, 1998; Laws 2001,
c. 33, § 73, eff. July 1, 2001.
NOTE: Laws 1993, c. 106, § 1 repealed by Laws 1993, c. 360, § 18,
eff. July 1, 1993.
§70-5-125. Liability for voting for false claim.
A. Every member of the board of education or board of county
commissioners who shall hereafter vote for the payment of any money
or transfer of any property belonging to the school district in
settlement of any claim known to such member to be fraudulent or
void, or in pursuance of any unauthorized, unlawful or fraudulent
contract or agreement made or attempted to be made, for any school
Oklahoma Statutes - Title 70. Schools
district, by any officer or officers thereof, and every person
having notice of the facts with whom such unauthorized, unlawful or
fraudulent contract shall have been made, or to whom, or for whose
benefit such money shall thereafter be paid, or such transfer of
property shall be made, shall be liable in damage to all innocent
persons in any manner injured thereby and shall be liable to the
school district affected for double the amount of all sums of money
so paid, and double the value of property so transferred, as a
penalty to be recovered by civil suit brought by the board of
education of such school district, or by any school district elector
thereof, as provided in Section 5-126 of this title.
B. Any member of a board of education of a school district who
votes for the payment of any money or transfers any property
belonging to the school district in settlement of any claim known to
such member to be fraudulent, void or in pursuance of any
unauthorized, unlawful or fraudulent contract or agreement made or
attempted to be made for any such district shall be guilty of a
misdemeanor. Every person having notice of the facts with whom any
unauthorized, unlawful or fraudulent contract shall have been made
or to whom or for whose benefit such money or property shall have
been or thereafter will be paid shall be guilty of a misdemeanor.
Upon conviction of a misdemeanor described in this section, the
person shall make full restitution of all monies and/or property
misallocated and be punished by a fine of not less than One Thousand
Dollars ($1,000.00) or by imprisonment in the county jail for not to
exceed one (1) year, or by both such fine and restitution and
imprisonment and if such person is a member of a board of education,
shall be removed from office pursuant to Section 1181 et seq. of
Title 22 of the Oklahoma Statutes or Section 91 et seq. of Title 51
of the Oklahoma Statutes.
C. Such illegal payment of money shall include, but shall not
be limited to, salaries or any compensation paid to any person for
teaching or performing other services for the district when such
person does not have a written contract required by law or does not
hold a valid certificate as required by law or by rules and
regulations of the State Board of Education for the subjects taught
or services performed and which is valid for the entire time for
which such person has been paid. Any person receiving an illegal
payment knowing or having reasonable cause to believe such payment
to be illegal shall be guilty of a misdemeanor and shall be subject
to the punishment prescribed in subsection B of this section.
Laws 1971, c. 281, § 5-125, eff. July 2, 1971; Laws 1991, c. 236, §
7, eff. Sept. 1, 1991.
§70-5-126. Refusal, failure or neglect of board - Elector may
institute action.
Oklahoma Statutes - Title 70. Schools
Upon refusal, failure or neglect of the board of education of
any school district, after written demand made upon them by ten
school district electors of such school district, or by the State
Board of Education, either to return the money or to institute and
diligently prosecute the proper proceedings at law or in equity for
the recovery of any money or property belonging to such district,
paid out or transferred by any officer thereof, in pursuance of any
unauthorized, unlawful, fraudulent or void contract, made or
attempted to be made by the board of education of any such school
district, or for the penalty provided in Section 5-125 of this
title, any school district elector of the school district affected
by such payment or transfer, may, in the name of the State of
Oklahoma as plaintiff, institute and maintain any proper action at
law or in equity which the board of education of the school district
might institute and maintain, for the recovery of such property or
for said penalty, for the benefit of the district, and any judgment
thus obtained shall provide for payment of attorney fees and court
costs to the prevailing party.
Laws 1971, c. 281, § 5-126, eff. July 2, 1971; Laws 1991, c. 236, §
8, eff. Sept. 1, 1991.
§70-5-127.
1994.
Repealed by Laws 1994, c. 92, § 3, emerg. eff. April 21,
§70-5-127.1. Release of audit to public.
Except for audits requested by a prosecutorial agency, the
findings of an audit performed on any school district by any state
agency, or on behalf of or at the direction of any state agency,
shall be discussed with the members of the board of education and
the superintendent or a designee of the affected school district at
least fourteen (14) days prior to the release of the audit to the
public.
Added by Laws 1999, c. 327, § 2, eff. July 1, 1999.
§70-5-128. Annual statistical and financial reports.
Boards of education of all school districts are hereby required
to make annual statistical and financial reports to the State Board
of Education. The statistical report shall be made as of June 30.
Each of such reports shall be filed with the State Board of
Education as soon as information is available following the
effective date of such reports.
Laws 1971, c. 281, § 5-128, eff. July 2, 1971; Laws 1993, c. 239, §
27, eff. July 1, 1993.
§70-5-128.1. Annual itemized expenditure budget and request for
appropriated funds and estimate of revenues.
Oklahoma Statutes - Title 70. Schools
No later than October 1 of each year the board of education of
each school district shall file with the State Board of Education an
itemized expenditure budget and request for state appropriated funds
for the ensuing fiscal year, and an estimate of the revenues from
all sources to be received by the district during the ensuing fiscal
year.
Added by Laws 1986, c. 105, § 1, emerg. eff. April 5, 1986. Amended
by Laws 2006, c. 75, § 2, emerg. eff. April 21, 2006.
§70-5-128.2. Electronic transmission of reports, plans or grants.
A. The State Board of Education shall not require school
districts to submit a written paper copy of any documents that are
filed electronically with the Board in a format that is compatible
with the State Department of Education computer system.
Any correspondence between the State Department of Education and a
school district concerning an electronically filed report, plan or
grant, may also be conducted by electronic transmission. If a
signature is required on any electronically filed document, a
facsimile signature shall be submitted with the document.
B. Nothing in this section shall prohibit a school district
from filing any reports with the State Department of Education in a
written paper format.
Added by Laws 2001, c. 242, § 3, eff. July 1, 2001.
§70-5-129. School activity fund - Control - Accounts Disbursements - Petty cash accounts - Custodian - Bond - Investment
of funds - Refund subaccount.
A. The board of education of each school district shall
exercise control over all funds and revenues on hand or hereafter
received or collected, as herein provided, from student or other
extracurricular activities or other revenue-generating sources
listed in subsection B of this section that are conducted in the
school district. Such funds shall be deposited to the credit of the
account maintained for the benefit of the particular activity within
the school activity fund. Deposits of funds subject to the
requirements of this section shall be made by the end of the next
business day; however, if the deposit for a day totals less than One
Hundred Dollars ($100.00), a school district may accumulate monies
required to be deposited into the fund on a daily basis until the
total accumulated balance of deposits equals or exceeds One Hundred
Dollars ($100.00). Provided, a school district shall deposit
accumulated monies into the fund not less than one (1) time per
week, regardless of whether the monies total One Hundred Dollars
($100.00). Disbursements from each of the activity accounts shall
be by check countersigned by the school activity fund custodian and
shall not be used for any purpose other than that for which the
account was originally created. The board of education, at the
Oklahoma Statutes - Title 70. Schools
beginning of each fiscal year and as needed during each fiscal year,
shall approve all school activity fund subaccounts, all subaccount
fund-raising activities and all purposes for which the monies
collected in each subaccount can be expended. Provided, the board
of education may direct by written resolution that any balance in
excess of the amount needed to fulfill the function or purpose for
which an account was established may be transferred to another
account by the custodian.
B. The board of education of each school district may designate
that any of the following revenue be deposited for the use of
specific school activity accounts, or to a general activity fund
within the school activity fund:
1. Admissions to athletic contests, school or class plays,
carnivals, parties, dances and promenades;
2. Sale of student activity tickets;
3. Concession sales, including funds received from vending
concession contracts and school picture contracts approved by the
district board of education, and cafeteria or luncheon collections;
4. Dues, fees and donations to student clubs or other
organizations, provided that membership in such clubs or
organizations shall not be mandatory;
5. Income or revenue resulting from the operation of student
organizations or club projects, provided, such revenue is not
derived from the lease, rental or sale of property, supplies,
products or other assets belonging to the school district. When
approved by the board of education, student organizations or club
projects may include fund-raising activities, the revenues from
which may be used for the purpose of purchasing goods or services
otherwise considered to be general fund expenditures;
6. Deposits for or collections for the purchase of class
pictures, rings, pins, announcements, calling cards, annuals,
banquets, student insurance and other such personal items; provided
the cost of such items shall not be charged against other school
funds; and
7. Other income collected for use by school personnel and other
school-related adult functions.
C. The board of education of each district may establish petty
cash accounts to be used only for the purpose of making small cash
expenditures, such as postage, freight or express charges; provided,
no single expenditure from a petty cash account shall be made in
excess of Seventy-five Dollars ($75.00), and the total expenditures
during any one (1) fiscal year shall not exceed Two Thousand Five
Hundred Dollars ($2,500.00) per school building. The school
activity fund custodian shall initiate petty cash accounts by filing
a claim against the general fund of the school district for the
authorized amount of each petty cash account which shall not exceed
Two Hundred Dollars ($200.00) per school building. The general fund
Oklahoma Statutes - Title 70. Schools
warrants issued in payment of said claim shall be deposited in a
"Petty Cash Account" in the school activity fund.
All disbursements from the petty cash accounts shall be made in
the same manner as other disbursements from the school activity
fund, except no disbursement shall be made from a petty cash account
unless a prenumbered, dated receipt be obtained and signed by the
person receiving payment. A school board may designate a petty cash
custodian to countersign petty cash checks in place of the activity
fund custodian. The school activity fund custodian shall file
claims against the general fund of the school district for
reimbursement of a petty cash account whenever the need shall arise.
Such claims shall be itemized in the same manner as other claims
filed against the general fund and shall have attached thereto the
receipts covering each of the expenditures claimed for
reimbursement. The total of a petty cash account balance and the
receipts on hand awaiting reimbursement should equal at all times
the authorized amount of a petty cash account.
None of the provisions pertaining to a petty cash account shall
be construed to authorize the use of one (1) fiscal year's fund to
pay obligations of another fiscal year. Any remaining balance in
each petty cash account shall be transferred to the general fund on
or before June 30 of each year.
D. The State Board of Education shall adopt appropriate rules
and regulations and design standard forms for the proper conduct of
the various school activity accounts.
E. The school activity fund custodian and the petty cash
custodian shall be appointed by the board of education of the school
district. The school activity fund custodian and the petty cash
custodian shall give a surety bond in an amount determined by the
board of education, but not less than One Thousand Dollars
($1,000.00). The premium of the surety bond shall be paid from the
school activity fund or the general fund.
F. The local board of education is hereby authorized to invest
activity funds as it determines appropriate. Upon direction of the
local board of education, the custodian of the activity fund shall
invest activity funds in any or all of the investments permitted and
listed in Section 5-115 of this title.
G. The board of education of a school district may establish,
by board resolution, a general fund refund subaccount within the
school activity fund. The balance in the subaccount shall be
determined by need, and it shall be funded by refunds and
reimbursements received, including but not limited to, rental
income, reimbursements for lost and damaged textbooks, summer school
and adult tuition, overpayments and tax refunds, as well as
transfers, by treasurer's check, from the school district general
fund. The subaccount may be expended only for the refund of
revenues previously received and deposited either into the
Oklahoma Statutes - Title 70. Schools
subaccount or directly into the general fund. Any remaining balance
in the refund subaccount shall be transferred to the school district
general fund on or before June 30 of each year.
H. The board of education of a school district may authorize
the custodian of the school activity funds to provide cash advances
to the sponsors for travel expenses on behalf of school district
students and sponsors of certain school activities. The cash
advances may only come from the school activity fund subaccount
directly involved in the travel of such students or sponsor and only
if the travel is one of the stated functions or purposes for the
establishment of the subaccount. Receipts for all expenditures of
the cash advances shall be kept and turned in to the custodian of
the school activity fund following said trip.
I. Any invoice submitted to a school district which is to be
paid from a school activity fund and is for payment of an authorized
expenditure in an amount equal to or greater than the threshold
amount stated in Section 310.9 of Title 62 of the Oklahoma Statutes
shall conform to the requirements set forth in that section.
Added by Laws 1971, c. 281, § 5-129, eff. July 2, 1971. Amended by
Laws 1974, c. 234, § 30, emerg. eff. May 17, 1974; Laws 1977, c.
222, § 1, eff. Oct. 1, 1977; Laws 1981, c. 127, § 1, emerg. eff. May
4, 1981; Laws 1981, c. 353, § 1; Laws 1988, c. 90, § 19, operative
July 1, 1988; Laws 1990, c. 221, § 8, operative July 1, 1990; Laws
1993, c. 45, § 1, emerg. eff. April 9, 1993; Laws 1995, c. 205, § 2,
eff. July 1, 1995; Laws 1999, c. 173, § 1, eff. July 1, 1999; Laws
2000, c. 116, § 1, eff. July 1, 2000; Laws 2002, c. 283, § 2, eff.
July 1, 2002; Laws 2003, c. 290, § 2; Laws 2004, c. 361, § 19, eff.
July 1, 2004; Laws 2005, c. 472, § 8, eff. July 1, 2005.
§70-5-129.1. Funds exempted from provisions of Section 5-129 of
this title.
Those funds which are collected by programs for student
achievement and by parent-teacher associations and organizations
that are sanctioned by the school district board of education shall
be exempt from the provisions as outlined in Section 5-129 of this
title. Each school district board of education shall adopt policies
providing guidelines for the sanctioning of organizations and
associations exempted or applying to be exempted pursuant to the
provisions of this section. The guidelines may include but not be
limited to examinations of financial and performance audits
performed on each such organization and association.
Added by Laws 1984, c. 296, § 26, operative July 1, 1984. Amended
by Laws 1993, c. 45, § 2, emerg. eff. April 9, 1993; Laws 1994, c.
70, § 1, eff. July 1, 1994; Laws 1996, c. 99, § 1, eff. July 1,
1996.
Oklahoma Statutes - Title 70. Schools
§70-5-129.2. Separate accounts - Disbursements - Approval by boards
of education - Transfer of funds.
A. In conformance with any other law providing procedures for
the deposit of such funds, area school districts shall be authorized
to establish separate accounts for deposits received for live work,
resale items, student financial aid, tuitions and other fees. Such
funds shall be deposited to the credit of the account maintained for
that particular purpose. Disbursements from each account shall be
by check countersigned by the custodian of the account and shall not
be used for any purpose other than that for which the account was
originally created.
B. The board of education of the technology center school
district, at the beginning of each fiscal year and as needed during
each fiscal year, shall approve all accounts created pursuant to
this section and all purposes for which the monies collected in each
account may be expended. Provided, the board of education may
direct by written resolution that any balance in excess of the
amount needed to fulfill the function or purpose for which an
account was established may be transferred to another account by the
custodian.
Added by Laws 1990, c. 221, § 9, operative July 1, 1990. Amended by
Laws 2001, c. 33, § 74, eff. July 1, 2001.
§70-5-129.3. Short title - Patriotic Access to Students in Schools
Act (PASS Act).
This act shall be known and may be cited as the "Patriotic
Access to Students in Schools Act (PASS Act)".
Added by Laws 2017, c. 176, § 1.
§70-5-130. School buildings and property - Permission to use for
other purposes.
A. The board of education of any school district may, under
such regulations and conditions as it may prescribe, encourage
increased community involvement in the public schools. These
regulations and conditions may include:
1. Open any school building and permit the use of any property
belonging to such district for religious, political, literary,
community, cultural, scientific, mechanical, agricultural, or
parental involvement purposes, and other purposes of general public
interest including the provision of public library services pursuant
to agreements with governing boards or commissions of public
libraries or library systems;
2. Contract to provide transportation equipment as defined in
Section 9-104 of this title for any purpose specified in paragraph 1
of this subsection; and
3. Make a reasonable charge to cover the cost of the use of
such building, property, or transportation equipment.
Oklahoma Statutes - Title 70. Schools
B. The State Board of Education shall encourage each board of
education to inquire into and promote the use of its school
buildings and property for the purposes provided in subsection A of
this section for such activities both before and after regular
school hours.
C. Any youth group listed in Title 36 of the United States Code
as a patriotic society shall be allowed the use of any school
building or property to provide services allowing students to
participate in activities provided by the groups at times other than
instructional time during the school day.
D. Nothing in this section shall prohibit a school district
board of education from entering into an agreement with a church to
utilize a church building or any property belonging to such church
for political, literary, community, cultural, scientific,
mechanical, agricultural, or parental involvement purposes.
Added by Laws 1971, c. 281, § 5-130, eff. July 2, 1971. Amended by
Laws 1989, c. 30, § 1, emerg. eff. April 4, 1989; Laws 1989, 1st Ex.
Sess., c. 2, § 33, emerg. eff. April 25, 1990; Laws 1990, c. 257, §
4, emerg. eff. May 23, 1990; Laws 1994, c. 362, § 5, eff. July 1,
1994; Laws 2017, c. 176, § 2; Laws 2024, c. 89, § 1, eff. July 1,
2024.
§70-5-131. Educational courses - Buildings and equipment.
The board of education of every school district in this state is
hereby authorized to provide educational courses for all persons and
said board is authorized to provide necessary buildings, equipment,
and other facilities for such persons. Such educational courses may
include grades one to twelve, inclusive, for persons between the
ages of six (6) and twenty-one (21) years and may also include
nursery and kindergarten classes, junior college grades, vocational
and technical instruction, adult and part-time classes and other
special classes. The curricula and qualifications of teachers shall
be determined by the State Board of Education except as otherwise
provided herein. Provided, any district offering educational
courses shall charge tuition fees for such courses unless the school
district has funds available to pay the cost thereof which are not
needed to maintain the common school program.
Laws 1971, c. 281, § 5-131, eff. July 2, 1971.
§70-5-131.1. Sewage disposal systems.
The board of education of any school district, which by reason
of its location is unable to secure service from a municipally owned
sewer system, is hereby authorized to design, construct, own and
operate a sewage disposal system of such type and size as will be
best suited to the needs of the particular school district. The
board of education of any such school district is also authorized to
accept from the state, federal government, or any agency, department
Oklahoma Statutes - Title 70. Schools
or instrumentality of either, grants for or in aid of the
construction and engineering of any such sewage disposal system.
Laws 1977, 1st Ex.Sess., c. 1, § 25, emerg. eff. June 21, 1977.
§70-5-131.2.
Repealed by Laws 2025, c. 94, § 2, eff. Nov. 1, 2025.
§70-5-132. Students of legal age - Completion of twelfth grade Attendance at adult high school completion program.
A. Any person lawfully present in the United States and who is
of legal age and a resident of this state, over the age of twentyone (21) and under the age of thirty (30), and who has not completed
the twelfth grade in school shall be given the same educational
privileges and opportunities provided by law for children over the
age of five (5) and under the age of twenty-one (21), upon
submitting to the board of education of the school district in which
the person resides, or the board's designee, evidence satisfactory
to that board showing that during the time before he or she was age
twenty-one (21) he or she was unable to attend school for a definite
period or periods of time, by reason whereof it was impossible for
him or her to complete the twelfth grade before reaching the age of
twenty-one (21). Provided further, the pupil shall be counted in
the average daily attendance of the district where he or she attends
school during the period of time provided for in this section for
the purpose of calculating State Aid for the district. Provided
that, beginning in the 2025-2026 school year, persons applying for
and approved to attend school in accordance with the provisions of
this subsection shall only be eligible if such district offers a
full-time virtual education program and such persons only utilize
the full-time virtual education program option for the completion of
their high school education.
B. Any resident of the state who is age nineteen (19) or older,
who is not enrolled in any high school program, and who has not
completed the twelfth grade may attend any adult high school
completion program which is established by a school district and
approved by the State Board of Career and Technology Education if
such attendance has the approval of the district offering the
program. Such attendance shall not be counted in the average daily
attendance of the district unless the Legislature appropriates
monies for adult high school completion programs. Such attendance
shall not be counted to meet minimum numbers for accreditation of
the school district involved, and such students shall not attend
classes which are a part of the normal class structure of the
district.
C. A person subject to the provisions of subsection A or B of
this section shall not be required to take the student assessments
required by Section 1210.508 of this title and shall not be included
Oklahoma Statutes - Title 70. Schools
in the reports required by Section 1210.545 or 24-120.1 of this
title.
Added by Laws 1971, c. 281, § 5-132, eff. July 2, 1971. Amended by
Laws 1988, c. 211, § 1, eff. July 1, 1988; Laws 2014, c. 164, § 2,
eff. July 1, 2014; Laws 2024, c. 162, § 1, eff. July 1, 2024; Laws
2025, c. 296, § 1, eff. July 1, 2025.
§70-5-132.1. Certain persons 21 years of age or older may be
allowed to complete high school.
A. Any person other than those persons provided for in Section
5-132 of this title, who is twenty-one (21) years of age or older
and who has not completed the requirements for a high school diploma
or General Education Development (GED) requirements, upon proper
application to an independent school district may be given the
opportunity to complete the requirements for and receive a regular
high school diploma.
B. The school district or technology center school district in
which such person resides may give the person the option of
attending regular classes if class size restrictions are not
violated, or of participating in other programs which may be
provided pursuant to provisions of the Oklahoma Statutes or rules
promulgated by the State Board of Education or State Board of Career
and Technology Education. Provided, however, that the school
district may deny admittance of persons over twenty-one (21) years
of age to its classes.
C. The school district or technology center school district may
charge such person an amount of tuition not to exceed the average
expenditure per pupil of the district for the preceding school year.
The tuition may be prorated by the number of contact hours for which
the person is enrolled.
D. A person subject to the provisions of subsection A of this
section shall not be required to take the student assessments
required by Section 1210.508 of this title.
Added by Laws 1983, c. 223, § 1, operative July 1, 1983. Amended by
Laws 2001, c. 33, § 75, eff. July 1, 2001; Laws 2024, c. 162, § 2,
eff. July 1, 2024.
§70-5-133. Apportionment of taxes each year.
A. There is hereby regularly apportioned to each and every
school district of the State of Oklahoma in each taxable year five
(5) mills on the dollar out of the fifteen (15) mills on the dollar
total taxes for all purposes on an ad valorem basis provided by
Section 9 (a), Article X, of the Oklahoma Constitution, as amended
on April 5, 1955. Provided, that the regular apportionment hereby
made shall not prevent or take away from the county excise board of
any county the right to apportion to any school district or class of
school districts in such county more than five (5) mills out of the
Oklahoma Statutes - Title 70. Schools
fifteen (15) mills to be apportioned in pursuance of the provisions
of said amended Section 9 (a), Article X, of the Oklahoma
Constitution among county, city, town and school district.
B. In accordance with the provisions of Section 9 (c), Article
X, of the Oklahoma Constitution, as amended on April 5, 1955, an
additional tax of not to exceed fifteen (15) mills on the dollar
valuation of all taxable property in the district shall be levied
upon certification of a need therefor by the board of education.
C. An amount equal to the district's proportionate part of the
ninety percent (90%) of the amount obtained by multiplying the total
net assessed valuation of the school districts of the county by four
(4) mills may be estimated as probable revenue from the four (4)
mills county-wide levy made under the provisions of Section 9 (b),
Article X, of the Oklahoma Constitution, as amended on April 5,
1955, and the amount so estimated may be used to finance the
appropriations of the district.
The provisions of said Section 9 (b) relating to school
districts lying in more than one county shall not affect the status
of any such school district, and for the purposes of apportionments
under said Section 9 (b), any such district shall be deemed a school
district of the county of which it is now considered a school
district, unless the State Board of Education, upon written petition
by the board of education of such district, decrees that such
district shall be deemed a school district of another county in
which any of its territory lies, and unless the district court of
Oklahoma County in an action filed for such purposes reverses such
decree, and revenue from the tax levied under said Section 9 (b) on
the assessed valuation of the district in other counties shall, when
collected, be transmitted to the county treasurer of that county of
which such district is deemed a school district, and be apportioned
as provided for the proceeds of such tax on the assessed valuation
of such county.
Laws 1971, c. 281, § 5-133, eff. July 2, 1971.
§70-5-134. Estimates - Emergency and building levies - Elections.
A. No later than December 31 of each year the board of
education of each school district of the state shall prepare, on a
form prescribed by the State Board of Education, a preliminary
estimate of the amount or amounts of money and tax rate or rates
which it then believes will be required for the district for the
ensuing fiscal year; and if such preliminary estimate shows an
estimated need for a levy requiring the approval of the school
district electors of the district under Section 9 or Section 10 of
Article X of the Oklahoma Constitution, as amended on April 5, 1955,
such preliminary estimate shall contain a call for an election to be
held on the second Tuesday in February, or on such other date as may
be provided for the election of the members of the board of
Oklahoma Statutes - Title 70. Schools
education to vote on the question of making such levy or levies. In
determining the eligibility of the school district to make an
emergency levy under the provisions of subsection (d) of Section 9
of Article X of the Oklahoma Constitution, as amended, the legal
current expenses of the district shall be all the expenditures from
the general fund of the district during the preceding year, except
(1) expenditures for transportation of pupils; (2) capital outlay;
(3) debt service; and (4) the amount appropriated from any previous
emergency levy; and the Two Hundred Fifty Dollars ($250.00) per
capita cost fixed by said subsection (d) of Section 9 of Article X
of the Oklahoma Constitution, for the fiscal year ending June 30,
1956, is hereby increased to One Thousand Dollars ($1,000.00) for
the fiscal year ending June 30, 1963, and said sum of One Thousand
Dollars ($1,000.00) shall thereafter be increased or decreased by
the State Board of Education in proportion to the increase or
decrease in the per capita income of Oklahoma citizens. Such
preliminary estimate shall be published in one issue of a newspaper
having general circulation in the district at least ten (10) days
before such election. Provided, that the county excise board or the
board of education of any school district may call a special
election for any date for the purpose of voting upon a levy
authorized by Section 9 or 10 of Article X of the Oklahoma
Constitution, as amended. Notice of any election called under the
provisions of this section shall be given by publication in one
issue of a newspaper having general circulation in the school
district at least ten (10) days before such election.
B. The requirements of this section shall not apply to school
districts that have adopted a permanent millage pursuant to
subsection (d-2) of Section 9 of Article X of the Oklahoma
Constitution.
Added by Laws 1971, c. 281, § 5-134, eff. July 2, 1971. Amended by
Laws 1989, c. 132, § 6, eff. June 1, 1990; Laws 1992, c. 247, § 24,
emerg. eff. May 21, 1992; Laws 1993, c. 130, § 1, eff. Sept. 1,
1993; Laws 2005, c. 472, § 9, eff. July 1, 2005.
§70-5-134.1.
2005.
Repealed by Laws 2005, c. 472, § 18, eff. July 1,
§70-5-135. System of accounting.
A. The board of education of each school district shall use the
following system of initiating, recording and paying for all
purchases, salaries, wages or contractual obligations due from any
of the funds under the control of such board of education. However,
a school district board of education may use the procedures outlined
in Section 304.1 of Title 62 of the Oklahoma Statutes for the
payment of salaries and wages only if the board so votes. The
Oklahoma Statutes - Title 70. Schools
provisions contained herein shall not apply to the sinking fund and
school activity fund.
B. The encumbrance clerk and treasurer of the school district
shall each enter the authorized amounts in the various appropriation
accounts of the funds to which this system is applied. The
authorized amounts of appropriations shall be the general fund and
building fund appropriations approved by the county excise board and
such additional amounts as may be applied in the manner provided by
law, the amount received for deposit in a special cash fund where
such special cash fund is authorized by law or required by the
person or agency providing such funds, or the amount of the net
proceeds realized from the sale of bonds of the school district and
any other income due such fund.
C. It shall be the duty and responsibility of the board of
education of the school district to prescribe and administer
adequate business procedures and controls governing the purchase or
confirmation of purchase and delivery of goods or services. The
procedures shall include delivery of an acceptable invoice by
document, facsimile, electronic or other standard form that includes
the information required by the district. Such procedures shall
include the designation of authorized persons to purchase goods or
services for the district and the method of determining the school
employee receiving delivery of each purchase.
D. Prior to the issuance of a purchase order, the encumbrance
clerk must first determine that the encumbrance will not exceed the
balance of the appropriation to be charged. The encumbrance clerk
shall charge the appropriate appropriation accounts and credit the
affected encumbrances outstanding accounts with the encumbrances.
Encumbrances must be submitted to the board of education in the
order of their issuance on a monthly basis, subject to a monthly
business cycle cut-off date determined by the board of education.
Approved encumbrances shall be listed in the minutes by the minute
clerk.
E. Before any purchase is completed, a purchase order or
encumbrance must be issued. No bill shall be paid unless it is
supported by an itemized invoice clearly describing the items
purchased, the quantity of each item, its unit price, its total cost
and proof of receipt of such goods or services. The bill and/or
invoice shall be filed in the encumbrance clerk's official records.
If a district has the ability to electronically utilize evaluated
receipt settlement (ERS), the district may remit to vendors on that
basis if the requirements of this subsection are fulfilled. In the
event a district is establishing electronic data interchange,
electronic entries will suffice in lieu of paper documents. In
order for a district to be authorized to utilize an evaluated
receipt settlement system:
Oklahoma Statutes - Title 70. Schools
1. The ERS must result in payment by the district from vendor
receipts that have been matched to the purchase order date;
2. The ERS may only be used when there is an agreement between
the district and the vendor for use of an ERS; and
3. The ERS must be included in the district's journal
ledger/accounts payable/purchase order software.
F. The encumbrance clerk shall debit the encumbrances
outstanding account and credit the accounts payable account for the
amount of the approved bill. The board of education shall determine
the extent such costs may fluctuate without additional board action.
Minor adjustments not requiring additional board approval shall be
referenced to the original encumbrance.
G. An approved bill may be paid by issuing a warrant or check
against the designated fund only after ascertaining that proper
accounting of the purchase has been made and that the files contain
the required information to justify the expenditure of public funds,
except as otherwise provided in subsection I of this section. The
warrants or checks so issued shall be recorded in an orderly
numerical system established by the district. The encumbrance clerk
shall charge the warrant or checks against the accounts payable
account and credit it to the warrants or checks issued account.
Provided, if payment is to be made immediately and the board of
education deems it advisable, the postings to the accounts payable
account may be omitted and the payment of the approved bill may be
credited directly to the warrants or checks issued account. The
warrant or check shall show on its face the name of the school
district, the date of issue, the payee, the amount, the expenditure
classification code, and such other information as may be necessary
or desirable. The president and clerk of the board of education
shall each sign the warrant or check, or approved facsimile thereby
denoting to the public that the warrant or check is for the purpose
and within the amount of the appropriation charged.
H. The treasurer shall register the warrant or check in the
warrant or check register, charging the appropriation account and
crediting the warrants or checks outstanding account of the
designated fund. Provided, no warrant or check shall be registered
in excess of the appropriation account's balance. All warrants or
checks shall be registered in the order of their issuance. Voided
warrants or checks shall be registered and filed with the treasurer.
The treasurer shall sign each warrant or check through individual
signature or approved facsimile showing its registration date and
shall state whether it is payable or nonpayable. When a warrant or
check is paid, the treasurer shall maintain evidence the warrant or
check has been processed and paid. Nothing in this subsection shall
prohibit any governing board from using automated recordkeeping
procedures, provided the information required in this subsection can
be accessed.
Oklahoma Statutes - Title 70. Schools
I. Any board of education of a school district of this state
may make a payment which would otherwise be made by warrant or
check, by disbursement through an Automated Clearing House, bank
account debit system, wire transfer through the Federal Reserve
System, or any other automated payment system operated by a
financial institution insured by the Federal Deposit Insurance
Corporation. The internal controls over such payment system shall
be reviewed and approved by the independent auditor of the district
during the annual audit. The provisions of Sections 601 through 606
of Title 62 of the Oklahoma Statutes shall apply to instruments or
payment authorized by this subsection.
J. School districts complying with the provisions of this act
shall use only those forms and accounting systems approved by the
State Board of Education. Such forms and systems shall be
considered in substantial compliance with this act if they are
sufficient to convey the meaning and sequence of transactions
contained herein. Provided, nothing contained herein shall be
construed to limit or prevent the use of additional or subsidiary
accounts, forms, or files which may be deemed necessary or advisable
by the board of education of the district or the State Board of
Education.
K. Any school district desiring to utilize the services of a
data processing center to furnish any or all of the records herein
required may do so if the center and its system complies with this
act and the rules and regulations of the State Board of Education.
Such center shall furnish an honesty bond in an amount to be set by
the board of education but not less than Ten Thousand Dollars
($10,000.00).
L. The State Board of Education shall notify the board of
education of the school district of the tentative amount the
district is to receive from state and federal aid funds or
allocations, and the board of education of the school district may
include such tentative estimate as an item of probable income in the
preparation of the school district's Estimate of Needs and Financial
Statement; provided, no such federal aid estimate shall be used in
any way to reduce the State Foundation Aid or Incentive Aid for such
school district or sustain a protest for the reduction of a tax
levy.
Added by Laws 1971, c. 281, § 5-135, eff. July 2, 1971. Amended by
Laws 1985, c. 82, § 5, eff. Nov. 1, 1985; Laws 1988, c. 90, § 20,
operative July 1, 1988; Laws 1990, c. 221, § 10, operative July 1,
1990; Laws 1998, c. 365, § 10, eff. July 1, 1998; Laws 2004, c. 361,
§ 21, eff. July 1, 2004; Laws 2005, c. 472, § 10, eff. July 1, 2005;
Laws 2014, c. 111, § 1, eff. July 1, 2014.
§70-5-135.1.
Blank.
Oklahoma Statutes - Title 70. Schools
§70-5-135.2. Reporting financial transactions - Reduction of State
Aid - Statement of actual income and expenditures.
A. For the 1991-92 school year, school districts shall report
financial transactions for all funds, except for the school activity
fund, using the Oklahoma Cost Accounting System, as adopted by the
State Board of Education pursuant to Section 5-135 of this title.
Costs shall be reported by curricular subject area where applicable.
For the 1992-93 school year and in each subsequent school year,
school districts shall report financial transactions for all funds
using the Oklahoma Cost Accounting System. Costs shall be reported
by curricular subject area where applicable.
B. Beginning July 1, 1991, and in each subsequent school year,
the State Department of Education shall reduce the monthly payment
of a district's State Aid funds if, at the time of such payment, the
district is not operating pursuant to the Oklahoma Cost Accounting
System. The amount of the reduction shall be one percent (1%) for
the first payment, two percent (2%) for the second payment, three
percent (3%) for the third payment, four percent (4%) for the fourth
payment, and five percent (5%) for each subsequent payment. The
reduction may be waived by the State Board of Education if the
district can demonstrate that failure to operate pursuant to such
system was due to circumstances beyond the control of the district
and that every effort is being made by the district to operate
pursuant to such system as quickly as possible.
C. No later than September 1 each year, every district board of
education shall prepare a statement of actual income and
expenditures of the district for the fiscal year that ended on the
preceding June 30. The statement of expenditures shall include
functional categories as defined in rules adopted by the State Board
of Education to implement the Oklahoma Cost Accounting System
pursuant to Section 5-135 of this title.
D. No later than September 1 each year, every school district
shall transmit a copy of the income and expenditures data required
pursuant to subsection C of this section to the State Department of
Education. The Department shall post the income and expenditure
data on the Internet web site for the Department in a form that is
accessible to the public.
Added by Laws 1991, c. 280, § 55, eff. July 1, 1991. Amended by
Laws 2000, c. 308, § 2, eff. July 1, 2000; Laws 2005, c. 472, § 11,
eff. July 1, 2005.
§70-5-135.3.
2005.
Repealed by Laws 2005, c. 472, § 18, eff. July 1,
§70-5-135.4. School District Transparency Act.
A. This section shall be known and may be cited as the "School
District Transparency Act".
Oklahoma Statutes - Title 70. Schools
B. The State Department of Education shall make school district
and school site expenditure data available on its website. Data
shall be made available in an open-structured data format that may
be downloaded by the public and that allows the user to
systematically sort, search, and access all data without any fee or
charge for access. Prior to the beginning of the 2019-2020 school
year, if a school district has a website, the district shall provide
a link on its home page to the State Department of Education's
Oklahoma Cost Accounting System and School District Financial
Information website, or the district shall provide the information
required by subsection C of this section within one click of the
home page of the school district's website.
C. The website shall provide information on school district and
school site expenditures of state, federal, and local funds, whether
appropriated or nonappropriated, excluding payments of voluntary
payroll deductions for employees to receiving parties. The website
shall further provide information, including, but not limited to,
the following:
1. Identification of the school district;
2. The Oklahoma Cost Accounting System (OCAS) code designation
for each expenditure;
3. The name and principal location of the entity or recipient
of the funds, excluding release of information relating to an
individual's place of residence and release of information
prohibited by subsection D of Section 24A.7 of Title 51 of the
Oklahoma Statutes or by federal law relating to privacy rights;
4. The amount of funds expended;
5. The type of transaction;
6. A descriptive purpose of the funding action or expenditure;
7. The budgeted and audited actual expenditure figures for each
fiscal year, ensuring each set of figures can be identified as
budgeted or audited figures;
8. The per-pupil expenditure as defined in Section 1-124 of
this title; and
9. The total compensation package of the superintendent as
defined by the requirements of the OCAS including a listing of the
base salary, insurance, retirement and other fringe benefits
including exempted nonadministrative services such as teaching in
the classroom or serving as a principal, counselor or library media
specialist pursuant to subsection E of Section 18-124 of this title.
D. The Department shall make the data available on its website
within one hundred twenty (120) days of transmission of the
expenditures to the Department by the school district.
E. School districts shall provide information requested by the
Department to accomplish the purposes of this section.
F. If a school district maintains a website, the district shall
provide the information required in subsection C of this section in
Oklahoma Statutes - Title 70. Schools
the manner prescribed in subsection B of this section on the
district website.
G. Nothing in this section shall require the disclosure of
information which is required to be kept confidential by state or
federal law.
H. The disclosure of information required by this section shall
create no liability whatsoever, civil or criminal, to the State of
Oklahoma, the State Department of Education, school districts, or
any employee thereof for disclosure of required information or for
any error or omission in the disclosure.
I. The Department shall undertake activities annually to inform
parents, schools and other stakeholders about the availability of
school district and school site expenditure data on its website and
how to use the website.
Added by Laws 2010, c. 332, § 1, eff. Nov. 1, 2010. Amended by Laws
2017, c. 133, § 1, eff. Nov. 1, 2017; Laws 2018, c. 282, § 1, eff.
Nov. 1, 2018.
§70-5-136.
Repealed by Laws 1978, c. 203, § 21, eff. July 1, 1978.
§70-5-136.1. Certificates of indebtedness – Curing of delinquencies
by withholding of State Aid.
A. With respect to school districts seeking cash-flow
management during any fiscal year, any school district may issue and
deliver certificates of indebtedness bearing a stated maturity date
for the purpose of participating in a short-term cash management
program pursuant to the provisions of Section 177.2 of Title 60 of
the Oklahoma Statutes to fund the estimated costs of operations,
capital expenditures or other lawful costs of the school district
for the current fiscal year. The proceeds of certificates of
indebtedness shall be set aside in a separate account and used only
for the purpose of meeting expenditures and obligations which would
otherwise be lawfully payable from the revenue certified by the
County Excise Board. As proceeds from the certificates are used to
pay such lawful expenditures and obligations, the financial records
of the school district shall reflect the amounts of these
obligations paid with such proceeds so that a like amount of revenue
collected and available to the school district may be used to repay
the certificates of indebtedness, in whole or in part. The State
Auditor and Inspector shall adopt uniform accounting procedures for
use by the school districts to ensure that the issuance of
certificates of indebtedness and the use of the proceeds derived
from these certificates will be documented and will not result in a
district overspending its authorized budget. All certificates of
indebtedness executed pursuant to a cash management program shall be
issued, delivered and registered for payment in the specific manner
designated by the State Auditor and Inspector; provided, any such
Oklahoma Statutes - Title 70. Schools
certificates of indebtedness shall be made payable on any date
within the then current fiscal year and may be purchased for value
through the funding of uncollateralized investments or investments
authorized pursuant to Section 5-115 of this title made for the
benefit of and on behalf of the school district. Short-term cash
management programs of any school district may lawfully provide for
the investment of note or bond proceeds by the issuer of the
obligations with the benefit and use of such proceeds assured to the
school district when needed by the school district for that fiscal
year and as approved by the Oklahoma Commission on School and County
Funds Management. In no case may a school district participate in a
short-term cash management program in any given fiscal year beyond
that fiscal year. Monies received by a school district pursuant to
a short-term cash management program may be used only for those
purposes for which other monies of the school district may be
lawfully expended.
B. For school districts electing to participate in the payment
security procedure set forth in this subsection, which procedure
shall serve as additional security for the payment of any bond or
note of a participating school district, the State Board of
Education shall cure any delinquencies in payment by withholding
State Aid due the participating district as determined pursuant to
Section 18-200.1 of this title. Whenever the designated paying
agent for receipt of payments for the school district does not
receive a payment when due pursuant to the authorizing documents,
the paying agent shall be entitled to payment from the withheld
State Aid in any amount sufficient to cure the payment deficiency.
The paying agent shall notify the State Department of Education and
the superintendent of the school district of the delinquent payment
by telephone, facsimile, or other similar communication, followed by
written verification. Unless the Department determines that payment
has been made by the school district and there is no longer a
payment deficiency, the Department shall withhold from the next
distribution of State Aid for the school district an amount
sufficient to cure the deficiency and remit the amount to the paying
agent. In the event that the amount of State Aid next due to be
distributed to the delinquent school district is not sufficient to
cure the delinquency, the Department shall continue to withhold
State Aid as due and remit it to the paying agent until the payment
deficiency has been cured.
Added by Laws 1987, c. 204, § 123, operative July 1, 1987. Amended
by Laws 1991, c. 212, § 4, eff. Aug. 1, 1991; Laws 2002, c. 87, § 1,
eff. July 1, 2002; Laws 2014, c. 119, § 1, eff. Nov. 1, 2014.
§70-5-137.
School nurses - Increments.
Oklahoma Statutes - Title 70. Schools
Registered nurses who are employed full time by a school
district shall qualify for yearly increments the same as any other
teacher in the public schools.
Added by Laws 1974, c. 152, § 2, emerg. eff. May 3, 1974.
§70-5-138. School employees and superintendent - Residence.
No school district board of education shall require any employee
to reside within the boundaries of that school district; however, a
district board may establish a policy that may require the district
superintendent to reside within the boundaries of the district.
Added by Laws 1977, c. 31, § 1. Amended by Laws 2006, c. 167, § 1,
eff. Nov. 1, 2006.
§70-5-139. Professional organization dues and political
contributions of employees - Payroll deduction.
School districts shall make payroll deductions for either or
both professional organization dues and political contributions at
the written request of any school employee and shall transmit
deducted funds to the organization designated by the school district
employee. Such deductions shall be on a ten-month basis unless
otherwise designated by the employee organization. However, a
school employee may request at any time in writing, including by
email or fax, for the school district to immediately terminate or
initiate payroll deductions to a professional organization. Upon
receipt of any written request, the school district shall within
five (5) business days or by the next pay period, whichever is
earlier, terminate or initiate any future payroll deductions of the
requesting school employee to a professional organization. Upon
receipt of a written request, the school district shall notify the
professional organization of the initiation or termination of
payroll deductions within fifteen (15) business days. If the
request is to terminate a deduction, the school district shall not
make any advance payments to any professional organization of any
future dues on behalf of the school employee. No school district
policy or negotiated agreement shall place any other conditions or
requirements, including but not limited to personal hand delivery,
upon any employee to initiate or terminate any payroll deduction to
a professional organization except for a written request as outlined
in this section. Any school district policy or provision in a
negotiated agreement that places additional conditions or
requirements on initiation or termination beyond those outlined in
this section shall be null and void. A school district which fails
to terminate payroll deductions for an employee in accordance with
this section shall immediately reimburse the employee the amount of
all payroll deductions made by the school district after the
employee's request, and the amount due the employee shall double
every thirty (30) days until paid in full.
Oklahoma Statutes - Title 70. Schools
Added by Laws 1978, c. 294, § 26, emerg. eff. May 10, 1977.
by Laws 2005, c. 132, § 1; Laws 2018, c. 193, § 1.
Amended
§70-5-140. Additional salary or wages in lieu of insurance or
similar benefits.
A local school district, by action of a majority of its school
board, may, in lieu of a particular insurance or similar benefit
granted by the district to its employees, allow and pay to the
employee additional salary or wages equal to the cost of such
insurance or similar benefit.
Laws 1980, c. 220, § 2, emerg. eff. May 30, 1980.
§70-5-141. Adoption of minimum salary schedules - Calculation of
teachers' salaries - Factors considered - Reports - Superintendents'
contracts - Administrators' compensation and benefits.
A. Each school district of this state shall adopt a minimum
salary schedule and shall transmit a copy of it to the State Board
of Education within thirty (30) days after adoption. A school
district shall not calculate salaries of teachers solely as a
proportion of the salaries of the administrators of the district.
B. Districts shall be encouraged to provide compensation
schedules to reflect district policies and circumstances, including
differential pay for different subject areas and special incentives
for teachers in districts with specific geographical attributes.
Districts may also adopt a salary schedule that provides additional
compensation for achieving certain ratings under the Oklahoma
Teacher and Leader Effectiveness Evaluation System (TLE) as set
forth in Section 6 of this act. Any salary schedule adopted by a
district pursuant to this section shall not set salaries at amounts
less than those set pursuant to Section 18-114.12 of this title.
C. The State Department of Education shall compile a report of
the minimum salary schedules for every school district in the state
and shall submit the report to the Governor, Speaker of the House of
Representatives, and President Pro Tempore of the Senate no later
than December 15 of each year.
D. Each school district shall file within fifteen (15) days of
signing the contract, the employment contract of the superintendent
of the school district with the State Department of Education. The
Department shall keep all contracts available for inspection by the
public. The school district shall not be authorized to pay any
salary, benefits or other compensation to a superintendent which are
not specified in the contract on file and shall not pay
administrators any amounts for accumulated sick leave that are not
calculated on the same formula used for determining payment for
accumulated sick leave benefits for other full-time employees of
that school district and shall not pay administrators any amounts
for accumulated vacation leave benefits that are not calculated on
Oklahoma Statutes - Title 70. Schools
the same formula used for determining payment for accumulated
vacation leave benefits for other twelve-month full-time employees
of that school district.
E. By October 1 of each year each district board of education
shall prepare a schedule of salaries and fringe benefits paid
administrators employed by the district, including a description of
the fringe benefits. The schedule shall be a public record and
shall be disclosed as required by the Oklahoma Open Records Act.
The board shall file a copy of the schedule with the State
Department of Education within one week of completion.
F. For purposes of this section the term "administrator" shall
include employees who are employed and certified as superintendents,
assistant superintendents, principals, and assistant principals and
who have responsibilities for supervising classroom teachers.
Added by Laws 1983, c. 330, § 40, operative July 1, 1983. Amended
by Laws 1989, 1st Ex.Sess., c. 2, § 49, emerg. eff. April 25, 1990;
Laws 1993, c. 215, § 1, emerg. eff. May 24, 1993; Laws 2010, c. 291,
§ 2, eff. July 1, 2010.
§70-5-141.1.
Blank.
§70-5-141.2. Incentive pay plans.
A. In addition to incentive pay plans authorized pursuant to
Section 4 of this act, the State Board of Education shall develop
not fewer than five different model incentive pay plans and shall
distribute information about each plan to every school district
board of education. No plan developed by the Board or implemented
by a school district board of education shall permit payment in any
one (1) year of incentives to any one teacher amounting to more than
fifty percent (50%) of the regular salary of the teacher, exclusive
of fringe benefits or extra duty pay. Any incentive pay award shall
be an annual award and shall not be a part of a continuing contract
of a teacher. Any incentive pay awards received shall be excluded
from the compensation of a teacher for purposes of calculating
retirement pursuant to the Teachers' Retirement System of Oklahoma
and shall not be subject to taxes levied by the Federal Insurance
Contributions Act (F.I.C.A.), to the extent an exemption is provided
by federal law.
B. A school district board of education may adopt an
academically based, district incentive pay plan for the classroom
teachers in the district. The district may adopt any incentive pay
plan consistent with the requirements of this section, which may
include any incentive pay plan developed by the State Board of
Education pursuant to this section. The school district board of
education shall appoint an advisory committee consisting of
teachers, parents, business persons or farmers and other local
citizens to advise the board in formulating an incentive pay plan.
Oklahoma Statutes - Title 70. Schools
Prior to the adoption of a plan, the board of education shall place
the plan on the school board agenda for public comment and shall
submit the plan to the State Board of Education for final approval
on or before March 1 prior to implementation of the plan during the
succeeding school year. The board of education shall comply with
the provisions of this subsection for any year a plan is to be
modified.
C. A school district shall be required to adopt and implement
an academically based, district incentive pay plan for any school
year following the receipt by the school district board of
education, of a petition signed by twenty percent (20%) of the
classroom teachers employed in the district which calls for the
adoption of an incentive pay plan for the district.
D. Student test scores shall not be the sole criterion for
allocation of incentive pay under any plan developed or approved by
the Board.
E. For the purposes of this section only, "classroom teacher"
shall mean any employee who holds certification and assignment
outside the classification of administrator.
F. The State Board of Education shall promulgate rules
necessary for the effective implementation and administration of
this section.
G. Each school district board of education shall provide for a
local evaluation committee which shall advise the board on which
teachers are to receive incentive pay awards and the amount of each
incentive pay award according to the plan.
H. Nothing herein shall preclude a school district from
supplementing any monies appropriated to the district for the
purposes of funding the incentive pay plan of the district with
monies from the general fund for the district.
Added by Laws 1989, 1st Ex.Sess. c. 2, § 50, emerg. eff. April 25,
1990. Amended by Laws 2010, c. 291, § 3, eff. July 1, 2010.
§70-5-141.3. Teacher Incentive Pay programs approved prior to
implementation - Partial reimbursement.
Teacher Incentive Pay programs that have been approved by the
State Board of Education prior to implementation and have been
evaluated by the State Board of Education to have successfully
completed the year according to the approved district plan shall be
eligible for partial reimbursement of incentive pay awards from the
funds appropriated for Teacher Incentive Pilot Programs. Such state
reimbursements shall not exceed fifty percent (50%) of the amount
awarded to any teacher not to exceed Five Hundred Dollars ($500.00),
whichever is less. Such reimbursements shall not be provided to
more than fifty percent (50%) of the certified instructional staff
of a school district. Application for reimbursement shall be
submitted to the State Board of Education no later than July 1 of
Oklahoma Statutes - Title 70. Schools
the year following the implementation year and reimbursement of
approved claims shall occur no later than September 1.
Added by Laws 1992, c. 324, § 8, eff. July 1, 1992.
§70-5-141.4. Incentive pay plan - Student and school growth in
achievement.
A. 1. In addition to incentive pay plans authorized pursuant
to Section 5-141.2 of this title, beginning with the 2012-13 school
year, a school district may implement an incentive pay plan that
rewards teachers who are increasing student and school growth in
achievement.
2. Teacher performance shall be measured using the Oklahoma
Teacher and Leader Effectiveness Evaluation System (TLE) as set
forth in Section 6-101.16 of this title.
3. Individual teacher incentive pay awards shall be based upon:
a.
achieving either a "superior" or "highly effective"
rating under the TLE, and
b.
grade level, subject area, or school level performance
success.
B. 1. Beginning with the 2012-13 school year, a school
district may implement an incentive pay plan as authorized pursuant
to this section.
2. For purposes of this section, "leader" means a principal,
assistant principal or any other school administrator who is
responsible for supervising classroom teachers.
3. School leader effectiveness shall be measured using the
Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as
set forth in Section 6-101.16 of this title.
4. Individual school leader incentive pay awards shall be based
upon:
a.
achieving either a "superior" or "highly effective"
rating under the TLE, and
b.
grade level, subject area, or school level performance
success.
C. Incentive pay plans implemented pursuant to subsections A
and B of this section shall be developed through a collaborative
planning process involving stakeholders, including teachers and
school leaders.
D. In addition to individual teacher and leader incentive pay
plans, as authorized pursuant to this section, districts may develop
and implement incentive pay systems for:
1. Teaching in critical shortage subject areas including, but
not limited to, foreign language;
2. Teachers and leaders who work in schools identified as in
need of improvement as determined by the State Board of Education;
3. Teaching in the subject areas of Science, Technology,
Engineering, and Math (STEM); or
Oklahoma Statutes - Title 70. Schools
4. Teachers and leaders who work in schools or school districts
designated by the State Board of Education as hard-to-staff.
E. 1. Prior to implementation of any incentive pay plan
developed pursuant to this section, the school district board of
education shall place the plan on the agenda for public comment at a
meeting of the district board of education.
2. After approval of the incentive pay plan, the school
district board of education shall submit the plan to the State Board
of Education for final approval. Within sixty (60) days of receipt
of the plan, the State Board shall review and approve or reject the
plan. If it is determined that the plan meets the requirements of
this section, the State Board shall approve the plan. If the plan
does not meet the requirements of this section, the State Board
shall reject the plan and provide written notification to the school
district board of education along with the grounds for rejection.
3. The district board of education shall comply with the
provisions of this subsection for any year a plan is to be modified.
F. Any incentive pay award shall be an annual award and shall
not be a part of a continuing contract for an employee. Any
incentive pay award to any teacher or leader shall not exceed more
than fifty percent (50%) of the regular salary of the teacher or
leader, exclusive of fringe benefits or extra duty pay. Any
incentive pay awards received shall be excluded from compensation
for purposes of calculating retirement pursuant to the Teachers'
Retirement System of Oklahoma and shall not be subject to taxes
levied by the Federal Insurance Contributions Act (F.I.C.A.), to the
extent such exemption is provided by federal law.
Added by Laws 2010, c. 291, § 4, eff. July 1, 2010. Amended by Laws
2013, c. 83, § 9, eff. July 1, 2013.
§70-5-142. National criminal history record check - Employment with
a school.
A. Except as otherwise provided for in subsection F of this
section, for purposes of employment, a board of education may
request in writing to the State Board of Education that a national
criminal history record check be conducted of any employee of the
school and shall request such information for any person seeking
employment with the school; provided, that a board of education
shall not be required to obtain a new criminal history record check
for an individual who has obtained certification from the State
Department of Education within the previous twelve (12) months. The
Oklahoma State Bureau of Investigation (OSBI) shall obtain
fingerprints of the employee or prospective employee and require
that the person pay a search fee not to exceed Fifty Dollars
($50.00) or the cost of the search, whichever is the lesser amount.
The fee shall be deposited in the OSBI Revolving Fund. School
districts may reimburse employees for the cost of the search. The
Oklahoma Statutes - Title 70. Schools
State Board of Education shall contact the OSBI for any national
criminal history record of the person within fourteen (14) working
days of receiving a written request from the board of education.
B. The Oklahoma State Bureau of Investigation shall provide the
national criminal history record check requested by the State Board
of Education within fourteen (14) working days from the receipt of
the request. The Bureau may contact the Federal Bureau of
Investigation to obtain the information requested.
C. The State Board of Education shall provide the information
received from the Oklahoma State Bureau of Investigation to the
board of education within fourteen (14) days from the receipt of the
information. The State Board of Education shall provide any followup information received from the OSBI concerning a person for whom a
national criminal history record check was requested to the
employing board of education.
D. For the purpose of this section:
1. “Board of education” includes both public and private boards
of education within or outside this state;
2. “Employing agency” means a political subdivision or law
enforcement agency in this state;
3. “Law enforcement officer” means a peace or police officer
who is certified by the Council on Law Enforcement Education and
Training;
4. “National criminal history record check” means a national
criminal history record check as defined in Section 150.9 of Title
74 of the Oklahoma Statutes; and
5. “Prospective employee” means an individual who has received
an offer of temporary employment from a school district pending the
results of the national criminal history record check.
E. Each public board of education within this state shall
promulgate a statement regarding the felony record search policy for
that school district. The policy may permit temporary employment of
prospective employees for a maximum of sixty (60) days pending
receipt of results of national criminal history record check
requests. The temporary employment of the prospective employee
shall terminate after sixty (60) days unless the school district
receives the results of the national criminal history record check.
The sixty-day temporary employment period shall begin on the first
day the prospective employee reports for duty at the employing
school district. Prospective employees shall be notified of the
requirement, the fee, and the reimbursement policy when first
interviewed concerning employment. The school district’s
reimbursement policy shall provide, at a minimum, that employees
shall be promptly reimbursed in full for the fee if employed by the
district at the time the national criminal history record check
request is made unless the person was employed pending receipt of
results.
Oklahoma Statutes - Title 70. Schools
F. 1. Any person who has been employed as a full-time teacher
by a school district in this state and applies for employment as a
full-time teacher in a school district in this state may not be
required to have a national criminal history record check if the
teacher produces a copy of a national criminal history record check
completed within the preceding five (5) years and a letter from the
school district in which the teacher was employed stating the
teacher left in good standing and whether the teacher was the
subject of any allegation of inappropriate behavior with a student.
2. For any person applying for employment as a substitute
teacher, a national criminal history record check shall be required
for the school year; provided, however, a board of education may
choose whether to require a national criminal history record check
from a prospective substitute teacher who has been employed by the
school district in the last year. Any person applying for
employment as a substitute teacher in more than one school district
shall only be required to have one national criminal history record
check, and, upon the request of the substitute teacher, that record
check shall be sent to all other school districts in which the
substitute teacher is applying to teach.
3. Any person employed as a full-time teacher by a school
district in this state in the five (5) years immediately preceding
an application for employment as a substitute teacher may not be
required to have a national criminal history record check, if the
teacher produces a copy of a national criminal history record check
completed within the preceding five (5) years and a letter from the
school district in which the teacher was last employed stating the
teacher left in good standing and whether the teacher was the
subject of any allegation of inappropriate behavior with a student.
4. Any person employed as a substitute teacher by a school
district in this state for a minimum of five (5) years immediately
preceding an application for employment as a full-time teacher in a
school district in this state may not be required to have a national
criminal history record check if the teacher produces a copy of a
national criminal history record check completed within the
preceding five (5) years and a letter from the school district in
which the teacher was employed as a substitute teacher stating the
teacher left in good standing and whether the teacher was the
subject of any allegation of inappropriate behavior with a student.
5. Any person employed as a full-time teacher by a school
district in this state for ten (10) or more consecutive years
immediately preceding an application for employment as a substitute
teacher in the same school district may not be required to have a
national criminal history record check for as long as the person
remains employed for consecutive years by that school district as a
substitute teacher, if the teacher left full-time employment in good
standing. If the teacher applies for employment as a substitute
Oklahoma Statutes - Title 70. Schools
teacher in another school district, a national criminal history
record check shall be required.
G. 1. Except as otherwise provided by this subsection, any
teacher employed by an Oklahoma school district prior to May 19,
2020, who does not have an Oklahoma criminal history record check
from the Oklahoma State Bureau of Investigation as well as a
national criminal history record check, as defined in Section 150.9
of Title 74 of the Oklahoma Statutes, on file with his or her
employing district as required by this section shall complete the
criminal history record checks upon the next renewal of his or her
standard teaching certificate as required by Section 6-154.1 of this
title or State Board of Education administrative rules promulgated
thereto.
2. Except as otherwise provided by this subsection, any other
person employed by an Oklahoma school district prior to May 19,
2020, who does not have an Oklahoma criminal history record check
from the Oklahoma State Bureau of Investigation as well as a
national criminal history record check, as defined in Section 150.9
of Title 74 of the Oklahoma Statutes, on file with his or her
employing district as required by this section shall have until July
1, 2022, to complete the criminal history record checks.
3. Any teacher eligible to retire from the Teachers’ Retirement
System of Oklahoma who does not have an Oklahoma criminal history
record check from the Oklahoma State Bureau of Investigation as well
as a national criminal history record check, as defined in Section
150.9 of Title 74 of the Oklahoma Statutes, on file with his or her
employing district as required by this section shall complete the
criminal history record checks by the earlier of the following
dates:
a.
July 1, 2022, or
b.
at the next renewal of his or her standard teaching
certificate as required by Section 6-154.1 of this
title or State Board of Education administrative rules
promulgated thereto.
H. The provisions of this section shall not apply to technology
center employees hired on a part-time or temporary basis for the
instruction of adult students only.
I. The provisions of this section shall not apply to law
enforcement officers who are employed by an employing agency at the
time of application for employment at a public school district.
J. Nothing in this section shall be construed to impose
liability on school districts, except in negligence, for employing
prospective employees within the sixty-day temporary employment
window pending the results of the national criminal history record
check.
Added by Laws 1985, c. 152, § 1, eff. July 1, 1985. Amended by Laws
1986, c. 259, § 61, operative July 1, 1986; Laws 1990, c. 257, § 15,
Oklahoma Statutes - Title 70. Schools
emerg. eff. May 23, 1990; Laws 1994, c. 319, § 2, eff. Sept. 1,
1994; Laws 1997, c. 81, § 1, eff. July 1, 1997; Laws 2010, c. 406, §
1, eff. July 1, 2010; Laws 2011, c. 27, § 1, eff. July 1, 2011; Laws
2011, c. 90, § 1; Laws 2011, c. 250, § 1, eff. July 1, 2011; Laws
2011, c. 352, § 1, eff. July 1, 2011; Laws 2012, c. 354, § 6; Laws
2013, c. 32, § 1; Laws 2015, c. 12, § 1, eff. Nov. 1, 2015; Laws
2017, c. 199, § 1, eff. July 1, 2017; Laws 2020, c. 49, § 1, emerg.
eff. May 19, 2020; Laws 2025, c. 101, § 3, eff. July 1, 2025.
§70-5-142.1.
Repealed by Laws 2010, c. 406, § 2, eff. July 1, 2010.
§70-5-143.
1995.
Repealed by Laws 1995, c. 55, § 1, emerg. eff. April 10,
§70-5-144. Filing of information or indictment - Notification of
superintendent - Notification of State Board of Education.
A. If in the course of an investigation it is discovered that a
person charged in an information or indictment with a felony or
violent misdemeanor is a student or employee of a school district or
a public school in the state, or an employee working on school
property for an entity that provides services to a school district
or a public school on school property, with due regard for the
provisions of subsection C of Section 2-6-102 of Title 10A of the
Oklahoma Statutes, the district attorney shall notify the
superintendent of the district of the charges filed against the
student or employee. In addition to notifying the superintendent of
the district when charges have been filed against an employee of the
school district, the district attorney shall notify the State Board
of Education.
B. The school district may take any action it deems necessary
that is in compliance with the requirements of the Family
Educational Rights and Privacy Act of 1974 with regard to such
information.
C. When an employee of the school district has been convicted,
whether upon a verdict or plea of guilty or nolo contendere, or
received a suspended sentence or any probationary term for a crime
provided for in subparagraph a of paragraph 6 of Section 3-104 of
this title, the district court shall notify the State Board of
Education of said conviction, if the district court has discovered
during the course of the proceedings that the person is an employee
of a school district.
Added by Laws 1999, c. 320, § 33, eff. July 1, 1999. Amended by
Laws 2001, c. 34, § 1, eff. Nov. 1, 2001; Laws 2003, c. 161, § 1,
eff. July 1, 2003; Laws 2005, c. 205, § 1, eff. July 1, 2005; Laws
2009, c. 234, § 156, emerg. eff. May 21, 2009; Laws 2013, c. 256, §
1, eff. July 1, 2013.
Oklahoma Statutes - Title 70. Schools
§70-5-145. Local foundation and public school/business partnerships
- Foundation gifts, grants and donations.
A. District school boards of education should be encouraged to
explore the potential benefits of local foundations and public
school/business partnerships as supplements to basic programs
publicly funded.
B. No local foundation, as defined in subsection C of this
section, shall make, and no public school, public school personnel,
or school district shall accept, any gift, grant or donation of real
or personal property from any local foundation unless the local
foundation complies with the requirements of this section and with
such other requirements for such organization as are required by
Title 18 of the Oklahoma Statutes.
C. As used in this section, "local foundation" means any
company, trust, corporation or association:
1. that solicits money or property in the name of any public
school district, public school or public school organization; and
2. which is exempt from federal income taxes or is verifiably
and in good faith in the process of obtaining federal tax exemption
status pursuant to the provisions of Section 501(c)(3) of the
Internal Revenue Code. If the local foundation is in the process of
obtaining exemption status in accordance with this paragraph, the
local foundation may make gifts, grants or donations pursuant to
this section provided it has advised the district board of education
of the status of any application for tax exemption and continues to
provide the board such information each year thereafter.
Any local foundation which has been denied such exemption or
ceases to qualify for such exemption by the Internal Revenue Service
shall not be authorized to function pursuant to this section.
D. Student organizations or club projects whose revenue may be
deposited in a school activity fund or account pursuant to Section
5-129 of this title shall not be considered "local foundations".
E. Only school districts, public schools, school personnel and
students or direct functions of a school district may be the
beneficiaries of any awards, grants or other benefits of a local
foundation.
F. The board of education of any school district in this state
may refuse to accept any donation of real or personal property
offered by or through a local foundation and shall have the final
authority to accept or refuse to accept any grant or award offered
by a local foundation for the benefit of the school district.
G. In order to assure the fairness, objectivity, and integrity
of its operations, and that its purposes and policies are consistent
with the goals of the State Board of Education, the board of
education of the school district may consider the process used in
selecting recipients of benefits or merit awards by any local
Oklahoma Statutes - Title 70. Schools
foundation in deciding whether to accept or reject the gift, grant
or donation.
H. No employee of the district shall be a voting member of a
local foundation board which is established in that school district.
Members of the board of education may serve on the board of a local
foundation, but shall not constitute a majority of the members of
the board of directors of the foundation. No other elected official
of state or local government shall be compensated by the local
foundation. The total number of ex officio local foundation members
shall be less than the number of voting members of the local
foundations. No ex officio member of the local foundation board or
employee of the school district shall be compensated by the local
foundation for service as an ex officio member of the local
foundation.
I. Any local foundation which makes a gift, grant or donation
to any school district, public school, or school personnel of this
state, regardless of when established, shall make all of its
financial records and documents available to auditors who are
performing audits of the school district. Such financial records
and documents, other than the list of contributors, shall be open
for public inspection upon written request by any person.
J. A public school district shall not directly or indirectly
transfer any funds to any local foundation or render services or
provide any thing of value to any local foundation without receiving
documented adequate payment or reimbursement therefor according to
written contract. Nothing herein shall be construed as prohibiting
payment by the district of claims for expenses of fund-raising for
the benefit of the district if such fund-raising activities are
approved in advance by the district board of education and made a
part of the minutes of the meeting of the board. Nothing herein
shall be construed as prohibiting the district from providing space
in a school district building or on school district property to the
foundation for office or business purposes in exchange for the
financial benefits provided to the district by the foundation if
approved by the district board of education and made a part of the
minutes of the meeting of the board.
Added by Laws 1989, c. 380, § 2, operative July 1, 1989. Amended by
Laws 1989, 1st Ex. Sess., c. 2, § 56, emerg. eff. April 25, 1990;
Laws 2005, c. 351, § 1, eff. Sept. 1, 2005; Laws 2008, c. 362, § 1,
emerg. eff. June 3, 2008.
§70-5-146. Assault, battery, or assault and battery upon school
employee – Notification by employee and school officials – Report –
Definitions – Liability - Policies.
A. Any school employee, as defined by subsection A of Section
650.7 of Title 21 of the Oklahoma Statutes, upon whom an assault,
battery, assault and battery, or aggravated battery or aggravated
Oklahoma Statutes - Title 70. Schools
assault and battery is committed while in the performance of any
duties as a school employee shall notify either the superintendent,
building administrator, or one member of a Safe School Committee of
the school district employing the school employee. The building
administrator or member of the Safe School Committee shall notify
the superintendent of the assault, battery, assault and battery,
aggravated battery or aggravated assault and battery.
B. The superintendent shall notify the State Department of
Education of all incidents described in subsection A of this section
for the previous year on July 1 of each year. The report shall
include a description of the battery or assault and battery, and the
final disposition of each incident.
C. The State Department of Education shall submit a report to
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives, and the Governor on December 1 of each year.
D. For purposes of this section, “assault” shall be defined by
Section 641 of Title 21 of the Oklahoma Statutes, “battery” shall be
defined by Section 642 of Title 21 of the Oklahoma Statutes, and
“aggravated assault and battery” shall be defined by Section 646 of
Title 21 of the Oklahoma Statutes.
E. No school employee shall be subject to any civil liability
for any statement, report, or action taken in reporting or assisting
in reporting a battery or assault and battery which is committed
upon the school employee while in the performance of any duties
unless such report or assistance was made in bad faith or with
malicious purpose.
F. Every school district shall have and deliver to each school
employee a written policy that such employee shall follow if an
assault, battery or assault and battery is committed upon the school
employee while in the performance of any school duties.
Added by Laws 2001, c. 380, § 2, eff. July 1, 2001.
§70-5-146.1. School employees - Notification of suspected gang
activity.
A. Any school employee, as defined by subsection A of Section
650.7 of Title 21 of the Oklahoma Statutes, who has reason to
believe that a child under the age of eighteen (18) years is
involved in gang activity shall notify the person designated by the
school district. Upon receiving such report, the person designated
by the school district may report the matter to the nearest local
law enforcement agency. The report may be made by telephone, in
writing, personally or by any other method prescribed by the school
district.
B. A school district employee or contractor who, in good faith
and exercising due care in the making of a report pursuant to
subsection A of this section, shall be granted immunity from all
Oklahoma Statutes - Title 70. Schools
civil or criminal liability which might be incurred or imposed by
making such report.
Added by Laws 2011, c. 168, § 3, eff. Nov. 1, 2011.
§70-5-147. Access to foods of minimal nutritional value Incentives to encourage healthy food choices.
A. Each district board of education shall ensure that students
in elementary schools do not have access to foods of minimal
nutritional value except on special occasions.
B. Each district board of education shall ensure that students
in middle and junior high schools do not have access to foods of
minimal nutritional value except after school, at events which take
place in the evening, and on special occasions. The only exception
to the minimal nutritional value standard will be diet soda with
less than ten (10) calories per bottle or can.
C. Each district board of education shall ensure that students
in high schools are provided healthy food options in addition to any
foods of minimal nutritional value to which they may have access at
school. Each district shall provide incentives, such as lower
prices or other incentives, to encourage healthy food choices for
high school students.
D. For purposes of this section, “foods of minimal nutritional
value” means any foods so defined in 7 CFR 210.11 and listed in
Appendix B of the regulations for the National School Lunch Program.
E. The State Board of Education shall adopt rules to implement
the provisions of this section.
Added by Laws 2005, c. 45, § 1, eff. July 1, 2007.
§70-5-147.1. Food donations.
A. As used in this section only:
1. "Donate" means to give without requiring anything of
monetary value from the recipient; and
2. "Nonprofit organization" means an incorporated or
unincorporated organization that has been established and is
operating for religious, charitable or educational purposes and that
does not distribute any of its income to its members, directors or
officers.
B. A school district may allow a school site to elect to donate
food to a nonprofit organization through an official oncampus
nonprofit representative or designee who is directly affiliated with
the school site such as a teacher, counselor or Parent-Teacher
Association (PTA) member, and the donated food may be received,
stored and redistributed at the school site at any time. Food
donated by the school site may include surplus food from breakfast,
lunch, snack and dinner meals served at the campus cafeteria subject
to any applicable local, state and federal requirements. Examples
of eligible leftover food include packaged/unpackaged unserved food;
Oklahoma Statutes - Title 70. Schools
served/unserved food with packaging in good condition; whole, uncut
produce; wrapped raw produce; and/or fruit which will be peeled such
as bananas or oranges.
C. Food donated under this section to a nonprofit organization
may be redistributed on the school site. School employees may
assist in preparing and distributing the food as volunteers for the
nonprofit organization.
D. A school district that makes or a nonprofit organization
that receives a good-faith donation of food which is at the time of
donation fit for human consumption shall not be liable for damages
in any civil suit or subject to criminal prosecution for any injury
resulting from the nature, age, condition or packaging of the
donated food, unless the injury or death is a direct result of gross
negligence, recklessness or intentional misconduct of the school
district or nonprofit organization.
E. The State Board of Education may promulgate rules to
implement the provisions of this section.
Added by Laws 2017, c. 6, § 1, eff. Nov. 1, 2017.
§70-5-147.2. Technical assistance to schools applying for Oklahoma
Farm to School Program Act grants.
The State Department of Education shall provide, to schools who
apply for grants under the Oklahoma Farm to School Program Act
codified at Section 5-60.1 et seq. of Title 2 of the Oklahoma
Statutes, technical assistance with applying for grants and
administering programs that expand student access to fresh, healthy
food.
Added by Laws 2025, c. 106, § 3, eff. July 1, 2025.
§70-5-148. Security drills.
Each district board of education shall ensure that a minimum of
four security drills are conducted at each public school within the
district each school year. No security drill shall be conducted at
the same time of day as a previous security drill conducted in the
same school year, and no more than two security drills shall be
conducted in one semester. One security drill shall be conducted
within the first fifteen (15) days of each semester. Additional
drills may be conducted at the discretion of the district. Security
drills shall be conducted for the purpose of securing school
buildings to prevent or mitigate injuries or deaths that may result
from a threat around or in the school. The drills shall conform to
the written plans and procedures adopted by the district as required
by Section 681 of Title 63 of the Oklahoma Statutes. All students
and employees shall participate in the drills, with the extent of
student involvement to be determined by the district.
The State Board of Education shall adopt rules to implement the
provisions of this section.
Oklahoma Statutes - Title 70. Schools
Added by Laws 2007, c. 127, § 1, eff. July 1, 2007. Amended by Laws
2008, c. 216, § 4, eff. Nov. 1, 2008; Laws 2016, c. 290, § 1, eff.
July 1, 2016.
§70-5-148.1. School Resource Officer Program.
A. The State Department of Education shall establish and
maintain a three-year pilot program known as the School Resource
Officer Program.
B. School resource officers employed or contracted by school
districts participating in the School Resource Officer Program shall
successfully complete law enforcement active shooter emergency
response training given by the Council on Law Enforcement Education
and Training (CLEET) and approved by the Department of Public
Safety.
C. 1. A school district participating in the School Resource
Officer Program shall give first priority to employing or
contracting with a law enforcement officer with sworn authority and
training in school-based law enforcement and crisis response who is
assigned by an employing law enforcement agency to work
collaboratively with one or more schools using community-oriented
policing concepts.
2. If a law enforcement agency that serves the area in which a
school district is located is unwilling or unable to provide a law
enforcement officer described in paragraph 1 of this subsection, a
participating school district may employ or contract with a retired
law enforcement officer or an armed security guard who is licensed
pursuant to the Oklahoma Security Guard and Private Investigator
Act. The law enforcement agency that serves the area in which the
school district is located shall preauthorize any individual
employed or contracted with under this paragraph. The school shall
require a background check on the individual. The law enforcement
agency that serves the area in which the school district is located
shall allow an authorized individual employed or contracted with the
school district access to the preauthorizing agency's radio system,
pursuant to this paragraph, and a police band radio system which may
be used by the individual in the performance of his or her duties to
be paid for by the employing district. A school district may use
funds from the School Security Revolving Fund created pursuant to
Section 5-148.2 of this title to cover the cost of the radio system.
Added by Laws 2023, c. 281, § 1, eff. July 1, 2023. Amended by Laws
2024, c. 354, § 1, eff. July 1, 2024.
§70-5-148.2. School Security Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the State Department of Education to be designated the
"School Security Revolving Fund". The fund shall be a continuing
Oklahoma Statutes - Title 70. Schools
fund, not subject to fiscal year limitations, and shall consist of
all monies received by the State Department of Education from:
1. Reimbursements, grants, or other monies received from other
state agencies and entities for school security;
2. Reimbursements, grants, or other monies received from the
United States government obligated to school security projects;
3. Gifts, donations, and bequests; and
4. Monies appropriated or apportioned by the Legislature.
B. All monies accruing to the credit of the School Security
Revolving Fund are hereby appropriated and may be budgeted and
expended by the State Department of Education for the purposes of:
1. Establishing and maintaining a School Resource Officer
Program; and
2. Providing physical security enhancements for schools
including, but not limited to, school resource officers, cameras,
gates, lighting, locks, doors, windows, security geofencing,
ballistic storm shelters, and mobile panic alert systems.
Monies in the School Security Revolving Fund shall supplement
and not supplant existing school security funding.
C. Expenditures from the School Security Revolving 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.
Expenditures from the School Security Revolving Fund shall not
exceed Fifty Million Dollars ($50,000,000.00) in any fiscal year and
shall be divided equally among every public school district in the
state.
Added by Laws 2023, c. 281, § 2, eff. July 1, 2023. Amended by Laws
2024, c. 408, § 2, eff. July 1, 2024.
§70-5-148.3. Risk and vulnerability assessments for school
districts.
A. Except as provided for in subsection B of this section, by
July 1, 2026, each school district in this state shall undergo a
risk and vulnerability assessment conducted by the Oklahoma School
Security Institute or a nationally qualified risk and vulnerability
assessor. The assessment shall include recommendations to increase
security on school district property.
B. A school district that completed a risk and vulnerability
assessment conducted by the Oklahoma School Security Institute or a
nationally qualified risk and vulnerability assessor in the two (2)
years prior to the effective date of this act shall be exempt from
the provisions of subsection A of this section.
C. After an initial risk and vulnerability assessment is
conducted, school districts shall conduct re-assessments every five
(5) years.
Added by Laws 2023, c. 325, § 2, eff. July 1, 2023.
Oklahoma Statutes - Title 70. Schools
NOTE: Editorially renumbered from § 5-148.1 of this title to avoid
a duplication in numbering.
§70-5-148.4. Campus map — School mapping data.
A. If a public school district in this state chooses to map its
campus, the school district shall use the school mapping data
guidelines provided for in this section. As used in this section,
“school mapping data” means information provided in an electronic or
digital format to assist first responders in responding to
emergencies at schools.
B. The school mapping data provided shall:
1. Be compatible with software platforms used by local, county,
state, and federal public safety agencies that provide emergency
services to the specific school for which the data is provided
without requiring such agencies to purchase additional software or
requiring a fee to view or access the data;
2. Be compatible with security software platforms in use by the
specific school for which the data is provided without requiring
public safety agencies or school districts to purchase additional
software or requiring a fee to view or access the data;
3. Be in a printable format and, if requested in addition to
subsection A of this section, be in a digital file format that can
be integrated into interactive mobile platforms in use;
4. Be verified by the entity producing the data for accuracy by
a walk-through of school buildings and grounds;
5. Be oriented true north;
6. Be overlaid on current aerial imagery;
7. Contain site-specific labeling that matches the structure of
school buildings including room labels, hallway names, and external
door or stairwell numbers and locations of hazards, critical utility
locations, key boxes, automated external defibrillators, and trauma
kits;
8. Contain site-specific labeling that matches the school
grounds including parking areas, athletic fields, surrounding roads,
and neighboring properties; and
9. Be overlaid with gridded “x” and “y” coordinates.
C. School mapping data as defined by this section shall not be
modified or updated independently without corresponding updates to
school mapping data within software platforms used by local, county,
state, and federal public safety agencies that provide emergency
services to the specific school.
Added by Laws 2024, c. 413, § 1.
§70-5-149. School safety drills.
A. In addition to the four security drills required pursuant to
Section 5-148 of this title, all public schools shall conduct a
minimum of six safety drills as follows:
Oklahoma Statutes - Title 70. Schools
1. Two fire drills per school year. Each fire drill shall be
conducted within the first fifteen (15) days of each semester. The
fire drills shall include the sounding of a distinctive audible
signal designated as the fire alarm signal;
2. Two tornado drills per school year with at least one drill
being conducted in the months of September and March; and
3. The principal and superintendent of a public school district
shall utilize the remaining required safety drills in any manner
provided in this section or Section 5-148 of this title or by
developing a drill that is consistent with the risks assessed for
the appropriate facility or any recommendations submitted by the
Safe School Committee as authorized pursuant to Section 24-100.5 of
this title or any assisting fire or law enforcement department.
B. It shall be the duty of the principal, under the direction
of the superintendent of the school district, to conform to the
written plans and procedures adopted by the district as required by
Section 681 of Title 63 of the Oklahoma Statutes. All students and
teachers at the public schools shall participate.
C. Each public school district shall document each fire drill
in writing by public school site. The records for each fire drill
shall be preserved for at least three (3) years and made available
to the State Fire Marshal or the marshal's agent upon request. In
addition to the fire drill documentation provided in this
subsection, the school district shall document all other safety
drills in writing and by school site with a copy of the report
remaining at the school, a copy filed with the district
administrative office and a copy with the Oklahoma School Security
Institute as created by the Oklahoma Office of Homeland Security.
Added by Laws 2013, c. 53, § 1, eff. July 1, 2013. Amended by Laws
2014, c. 45, § 1, eff. July 1, 2014; Laws 2016, c. 290, § 2, eff.
July 1, 2016.
§70-5-149.1. Civil actions against former students – Costs and
attorney fees.
If a school district board of education initiates any civil
action or proceeding against a current or former student enrolled in
the school district or the parent or guardian of a student, and the
current or former student or parent or guardian of the student is
the prevailing party in the action or proceeding, the court shall
enter an order awarding court costs and reasonable attorney fees to
the current or former student or parent or guardian of the student.
Expert witness fees may be included by the court as part of the
costs awarded under this section.
Added by Laws 2013, c. 180, § 1.
NOTE: Editorially renumbered from § 5-149 of this title to avoid
duplication in numbering.
Oklahoma Statutes - Title 70. Schools
§70-5-149.2. Handgun licenses for school personnel – Training Immunity.
A. The board of education of a school district may, through a
majority vote of the board, designate school personnel who have been
issued a handgun license pursuant to the Oklahoma Self-Defense Act
to attend an armed security guard training program, as provided for
in Section 1750.5 of Title 59 of the Oklahoma Statutes, or a reserve
peace officer certification program, as provided for in Section 3311
of Title 70 of the Oklahoma Statutes, provided and developed by the
Council on Law Enforcement Education and Training (CLEET). Nothing
in this section shall be construed to prohibit or limit the board of
education of a school district from requiring ongoing education and
training.
B. Participation in either the armed security guard training
program or the reserve peace officer certification program shall be
voluntary and shall not in any way be considered a requirement for
continued employment with the school district. The board of
education of a school district shall have the final authority to
determine and designate the school personnel who will be authorized
to obtain and use an armed security guard license or reserve peace
officer certification in conjunction with their employment as school
personnel.
C. The board of education of a school district that authorizes
school personnel to participate in either the armed security guard
program or the reserve peace officer program may pay all necessary
training, meal and lodging expenses associated with the training.
D. When carrying a firearm pursuant to the provisions of this
act, the person shall at all times carry the firearm on his or her
person or the firearm shall be stored in a locked and secure
location.
E. Any school personnel who have successfully completed either
training and while acting in good faith shall be immune from civil
and criminal liability for any injury resulting from the carrying of
a handgun onto public school property as provided for in this act.
Any board of education of a school district or participating local
law enforcement agency shall be immune from civil and criminal
liability for any injury resulting from any act committed by school
personnel who are designated to carry a concealed handgun on public
school property pursuant to the provisions of this act.
F. In order to carry out the provisions of this section, the
board of education of a school district is authorized to enter into
a memorandum of understanding with local law enforcement entities.
Added by Laws 2015, c. 310, § 3, emerg. eff. May 12, 2015.
§70-5-149.3. Designated lactation rooms.
A. Each school district board of education in this state shall
adopt a policy allowing a school district employee who is lactating
Oklahoma Statutes - Title 70. Schools
reasonable paid break time each day to use a designated lactation
room for the purpose of maintaining milk supply and comfort. The
break time may run concurrently with any break time, paid or unpaid,
already provided to the employee.
B. Each school district board of education shall make a
reasonable effort to provide a private, secure and sanitary room or
other location, other than a toilet stall, where an employee can
express her milk or breastfeed her child.
Added by Laws 2021, c. 131, § 1, eff. July 1, 2021.
§70-5-149.4. Short title — Alyssa's Law — Mobile panic alert system
implementation.
A. This act shall be known and may be cited as “Alyssa’s Law”.
B. Beginning with the 2024-2025 school year, each school
district in this state shall implement a mobile panic alert system.
The system shall:
1. Connect emergency service technologies to ensure real-time
coordination among multiple first responder agencies; and
2. Integrate with public safety answering point infrastructure
to transmit 9-1-1 calls and mobile activations.
C. The State Board of Education shall adopt a list of approved
mobile panic alert systems. At a minimum, an approved school
security alert and response system shall:
1. Automatically alert designated school personnel when an
emergency response is initiated on-site by smartphone application,
phone call, text message, or other technology;
2. Provide emergency responders with floor plans, caller
location, and other information to assist emergency responders
during a 9-1-1 call; and
3. Integrate designated school personnel with emergency
responders to provide real-time situational updates during an
emergency.
Added by Laws 2024, c. 408, § 1, eff. July 1, 2024.
§70-5-150. Short title.
This act shall be known and may be cited as the "School District
Budget Act".
Added by Laws 1996, c. 178, § 2, eff. July 1, 1996.
§70-5-151. Purpose.
The purpose of the School District Budget Act is to provide an
alternate budget procedure for school districts which will:
1. Establish standard and sound fiscal procedures for the
adoption and administration of budgets;
2. Make available to the public and investors sufficient
information as to the financial conditions, requirements and
expectations of the school district; and
Oklahoma Statutes - Title 70. Schools
3. Assist school districts to improve and implement generally
accepted standards of financial management as promulgated by the
Governmental Accounting Standards Board (GASB).
Added by Laws 1996, c. 178, § 3, eff. July 1, 1996.
§70-5-152. Applicability optional.
The School District Budget Act shall be optional and shall apply
only to a school district which, by resolution of the governing
body, votes to comply with the provisions of the School District
Budget Act. If the governing body of a school district votes to
comply with the School District Budget Act to govern its budget
procedures, the provisions of the School District Budget Act shall
take precedence over any other state laws applicable to school
budgets, except as otherwise provided by the School District Budget
Act. Any action of a school district governing body to implement or
repeal budgeting procedures in compliance with the School District
Budget Act shall be effective only at the beginning or end of a
budget year respectively pursuant to the School District Budget Act.
Added by Laws 1996, c. 178, § 4, eff. July 1, 1996.
§70-5-153.
Repealed by Laws 2005, c. 472, § 18, eff. July 1, 2005.
§70-5-154. Approval of budget - Estimates of revenues and
expenditures.
For a school district acting in accordance with the School
District Budget Act, within the thirty-day period preceding the
beginning of each fiscal year, a budget for the school district
shall be approved by the governing body. The chief executive
officer may require any other officer or employee who is charged
with the management or control of any department or office of the
school district to furnish estimates for the fiscal year covering
estimated revenues and expenditures of the department or office on
or before a date set by the chief executive officer.
Added by Laws 1996, c. 178, § 6, eff. July 1, 1996.
§70-5-155. Nature and contents of budget - Budget summary and
message - Hearing - Effect of adoption - Tax levies.
A. The school district budget shall represent a complete plan
for the school district and shall present information necessary and
proper to disclose the financial position and condition of the
school district and the revenues and expenditures thereof, both past
and anticipated.
B. A school district budget shall contain a budget summary. It
shall also be accompanied by a budget message which shall explain
the budget and describe its important features. It shall contain at
least the following in tabular form for each fund:
Oklahoma Statutes - Title 70. Schools
1. Actual revenues and expenditures for the immediate prior
fiscal year;
2. Revenues and expenditures for the current fiscal year as
shown by the budget for the current year as adopted or amended; and
3. Estimates of revenues and expenditures for the budget year.
C. The school district governing body shall hold a public
hearing on the proposed budget within forty-five (45) days preceding
the beginning of the budget year. Notice of the date, time and
place of the hearing, together with the proposed budget summary,
shall be published in a newspaper of general circulation in the
school district not less than five (5) days before the date of the
hearing. The clerk of the board shall make available a sufficient
number of copies of the proposed budget as the governing body shall
determine and shall have them available for review or for
distribution at the office of the chief financial officer. At the
public hearing on the budget any person may present to the governing
body comments, recommendations or information on any part of the
proposed budget.
D. The adopted budget shall be in effect no later than the
first day of the fiscal year to which it applies. The budget as
adopted and filed with the State Auditor and Inspector shall
constitute an appropriation for each fund, and the appropriation
thus made shall not be used for any other purpose except as provided
by law.
E. Each school district shall amend the original budget after
June 30 of each year after the June financial activity has been
recorded, the annual Foundation and Salary Incentive Aid allocation
has been released, and the property tax valuations have been
certified for all affected counties within the school district. The
amended budget shall include all of the following information which
is applicable:
1. Valuation of the school district by county and
classification, excluding homestead exemptions;
2. Bonded debt and judgments outstanding, including interest
rates by maturity;
3. Matured debt and judgments;
4. Sinking fund balance, including cash and investments;
5. Sinking fund levy calculations, including surplus/deficit,
principal accrual, annual interest, judgment installment and
interest, total net levy and delinquency;
6. Levies in millage for general fund, building fund and
sinking fund;
7. Millage adjustment factor, if applicable;
8. Previous year sinking fund collections, including total
proceeds as certified, additions or deductions, reserve for
delinquent tax, reserve for protest pending, tax apportioned, net
balance in process of collection, and excess collections; and
Oklahoma Statutes - Title 70. Schools
9. Surplus analysis, including itemized sources of excess and
deductions.
F. At the time required by law, the county excise board shall
levy the taxes necessary for the school district general fund,
building fund and sinking fund for the budget year pursuant to
Sections 397 and 399 of Title 62 of the Oklahoma Statutes, and for
the school district general and building funds for the budget year
pursuant to Section 9 of Article X of the Oklahoma Constitution.
Added by Laws 1996, c. 178, § 7, eff. July 1, 1996. Amended by Laws
1999, c. 235, § 1, eff. July 1, 1999.
§70-5-156. Protests - Right to examine filed budget.
Within fifteen (15) days after the filing of any school district
budget with the county excise board of each county in which the
school district is located and with the State Auditor and Inspector,
any taxpayer may file protests with the State Auditor and Inspector
against any alleged illegality of the budget in the manner provided
by this section and Sections 3023 through 3031 of Title 68 of the
Oklahoma Statutes. The fifteen-day protest period begins upon the
date the budget is received in the Office of the State Auditor and
Inspector as filed by the county excise board. After receipt of a
taxpayer protest, the State Auditor and Inspector shall transmit by
certified mail one copy of each protest to the clerk of the board of
education, and one copy of each protest to the school district
treasurer and the excise board of each county in which the school
district is located. The taxpayer protest shall specify the alleged
illegality in the budget and the grounds upon which the alleged
illegality is based. Any protest filed by any taxpayer shall inure
to the benefit of all taxpayers. If no protest is filed by any
taxpayer within the fifteen-day period, the budget and any
appropriations thereof shall be deemed legal and final until amended
by the governing body or the county excise board as authorized by
law. Taxpayers shall have the right at all reasonable times to
examine the budget on file with the clerk of the board of education,
the county excise board, or the State Auditor and Inspector for the
purpose of checking illegalities in the budget or for filing
protests in accordance with this section and Sections 3023 through
3031 of Title 68 of the Oklahoma Statutes.
Added by Laws 1996, c. 178, § 8, eff. July 1, 1996.
§70-5-157. Expenditures in excess of appropriation - Deficits and
surpluses - Violations of law.
A. No expenditure may be authorized or made by any officer or
employee of a school district which exceeds the appropriation for
any fund of the budget as adopted or amended. Any balance remaining
in a fund at the end of the budget year shall be carried forward to
the credit of the fund for the next budget year pursuant to law.
Oklahoma Statutes - Title 70. Schools
B. It shall be unlawful for any officer or employee of the
school district in any budget year:
1. To create or authorize creation of a deficit in any fund; or
2. To authorize, make or incur expenditures or encumbrances in
excess of one hundred percent (100%) of the appropriation for any
fund of the budget as adopted or amended until revenues in an amount
equal to at least one hundred percent (100%) of the appropriation
for the fund have been collected. Any fund balance which is
included in the appropriation for the fund is considered revenue in
the budget year for which it is appropriated. Expenditures may then
be made and authorized so long as any expenditure does not exceed
any fund balance.
C. Any obligation that is contracted or authorized by any
officer or employee in violation of this act shall become the
obligation of the officer or employee himself and shall not be valid
or enforceable against the school district. Any officer or employee
who violates this act shall forfeit his office or position and shall
be subject to such civil and criminal punishments as are provided by
law. Any obligation, authorization for expenditure or expenditure
made in violation of this act shall be illegal and void.
Added by Laws 1996, c. 178, § 9, eff. July 1, 1996.
§70-5-158. Funds or ledgers.
A school district shall establish funds consistent with legal
and operating requirements. Each school district shall maintain
according to its own needs some or all of the following funds or
ledgers in its system of accounts:
1. A general fund, to account for all monies received and
disbursed for general school district purposes, including all
assets, liabilities, reserves, fund balances, revenues and
expenditures which are not accounted for in any other fund or
special ledger account;
2. Special revenue funds, as required, to account for the
proceeds of specific revenue sources that are restricted by law to
expenditures for specified purposes;
3. Debt service fund, which shall include the school district
sinking fund, established to account for the retirement of general
obligation bonds, building bonds, transportation bonds or other long
term debt and payment of interest thereon and judgments as provided
by law. Any monies pledged to service general obligation bonds,
building bonds, transportation bonds or other long term debt must be
deposited in the debt service fund;
4. Capital improvement fund, to account for financial resources
segregated for acquisition, construction or other improvement
related to capital facilities other than those financed by general
long term debt;
Oklahoma Statutes - Title 70. Schools
5. Enterprise funds, to account for operations that are
financial and operated in a manner similar to private business
enterprises where the intent of the governing body is that the costs
(expenses, including depreciation), of providing goods or services
on a continuing basis be financed or recovered primarily through
user charges or where there is a periodic need to determine revenues
earned, expenses incurred or net income for a service or program;
6. Trust and agency funds, to account for assets held by the
school district as trustee or agent for individuals, private
organizations or other governmental units or purposes, such as a
retirement fund, employee health insurance fund or a school activity
fund;
7. Internal service funds, to account for the financing of
goods or services provided by one department or agency of the school
district to another department or agency, or to another government,
on a cost reimbursement basis;
8. A ledger or group of accounts in which to record the details
relating to the general fixed assets of the school district;
9. A ledger or group of accounts in which to record the details
relating to the general obligation bonds, building bonds,
transportation bonds or other long term debt of the school district;
or
10. Such other funds or ledgers as may be established by the
board of education.
Added by Laws 1996, c. 178, § 10, eff. July 1, 1996.
§70-5-159. Classification of revenues and expenditures.
Each fund shall be made up of accounts for classifying revenues
and expenditures. Revenues shall be classified separately by
source. Expenditures shall be classified into the dimensions
required by the State Department of Education or, for technology
center schools, the Oklahoma Department of Career and Technology
Education.
Added by Laws 1996, c. 178, § 11, eff. July 1, 1996. Amended by
Laws 2001, c. 33, § 78, eff. July 1, 2001.
§70-5-160. Interaccount and interfund transfers.
The chief executive officer, or designee, as authorized by the
governing body, may transfer any unexpended and unencumbered
appropriation or any portion thereof from one account to another
within the same fund; except that no appropriation for debt service
or other appropriation required by law or regulation may be reduced
below the minimums required. Other interfund transfers may be made
only as authorized by this act or as provided in the budget as
adopted or amended according to this act. Whenever the necessity
for maintaining any special fund of a school district has ceased to
exist and a balance remains in the fund, the governing body may
Oklahoma Statutes - Title 70. Schools
authorize the transfer of the balance to the general fund.
Applicable law shall govern the use or transfer of any remaining
balance in any debt service or bond fund.
Added by Laws 1996, c. 178, § 12, eff. July 1, 1996.
§70-5-161. Amendment of budget.
A. The governing body may amend the budget to make supplemental
appropriations to any fund up to the amount of additional revenues
which are available for current expenses as shown by a fund balance
for the fund due to:
1. Revenues received or allocated from sources not anticipated
in the budget for that year;
2. Revenues received or allocated from anticipated sources but
in excess of the budget estimates therefor; or
3. Unexpended unencumbered cash balances on hand at the end of
the preceding fiscal year which had not been anticipated in the
budget. Any appropriation authorizing the creating of an
indebtedness shall be governed by the applicable provisions of
Article X of the Oklahoma Constitution.
B. If at any time during the budget year it appears probable
that revenues available will be insufficient to meet the amount
appropriated, or that due to unforeseen emergencies there
temporarily is insufficient money in a particular fund to meet the
requirements of appropriation for the fund, the governing body may
amend the budget to reduce one or more appropriations or it may
amend the budget to transfer money from one fund to another fund,
but no appropriation for debt service may be reduced and no
appropriation may be reduced by more than the amount of the
unencumbered and unexpended balance. No transfer shall be made from
the debt service fund to any other fund except as may be permitted
by the terms of the bond issue or by law.
C. Any budget amendment, as provided in this section,
authorizing supplemental appropriations or a decrease or change in
appropriation or funds shall be adopted by the governing body at a
meeting held in accordance with the Oklahoma Open Meeting Act and
filed with the clerk of the board of education, the county excise
board of each county in which the school district is located, and
the State Auditor and Inspector.
Added by Laws 1996, c. 178, § 13, eff. July 1, 1996.
§70-5-170. Transfer of unexpended or unencumbered appropriations.
For the fiscal year ending June 30, 2004, the superintendent of
a school district or designee may transfer any unexpended or
unencumbered appropriation in an amount not to exceed twenty-five
percent (25%) of the total appropriation from one account, fund, or
program category to another account, fund, or program category. The
amount to be transferred, together with all previous transfers,
Oklahoma Statutes - Title 70. Schools
shall not exceed twenty-five percent (25%) of the total
appropriation to the account, fund or program category from which
the transfer is being made. Provided, funds shall not be
transferred between the general fund and building fund of any school
district. The State Department of Education shall be notified in
writing or electronically of all transfers at the time the transfers
are made.
Added by Laws 2003, c. 434, § 7.
NOTE: Laws 2003, c. 415, § 34 repealed by Laws 2003, c. 434, § 32.
§70-5-181. Registration of certificates of indebtedness or bonds –
Recording of payment.
The treasurer of a school district to whom a certificate of
indebtedness or bond is directed for payment shall register the
certificate of indebtedness or bond by entering the number, the
date, the name of the payee, the fund upon which it is drawn and the
amount and shall write on the certificate or bond the date of
registration and the name of the treasurer. Certificates of
indebtedness or bonds shall be registered in the numerical order in
which they are issued and, after registration, shall be given to the
encumbrance clerk. No certificate of indebtedness or bond shall be
a valid charge until registration by the treasurer. A board of
education may contract for and pay a registrar or transfer agent to
transfer ownership or change of payee of any certificate of
indebtedness or bond issued by the school district and to maintain
relevant books and records. The treasurer shall record payment of
certificates of indebtedness or bonds and mark “paid” on the face of
paid certificates of indebtedness or bonds.
Added by Laws 2004, c. 361, § 24, eff. July 1, 2004.
§70-5-182. Issuance, approval, etc. of check, warrant or
certificate in excess of approved estimate of expenses.
It shall be unlawful for any school district officer to issue,
approve, sign, or attest any check, warrant or certificate of
indebtedness in any form in excess of the estimate of expenses made
and approved for the current fiscal year or authorized for such a
purpose by a bond issue and any such check, warrant or certificate
of indebtedness issued, approved, or authorized by a bond issue
shall not be a charge against the school district upon which it is
issued, but may be collected by civil action from any officer
issuing, drawing, approving, signing, or attesting the same, or from
either or all of them, or from their bondsmen.
Added by Laws 2004, c. 361, § 25, eff. July 1, 2004.
§70-5-183. Issuance, approval, etc. of check, warrant or
certificate in excess of approved estimate of expenses – Violation –
Penalties.
Oklahoma Statutes - Title 70. Schools
Any treasurer who shall willfully or knowingly register or pay a
warrant, check or certificate of indebtedness, issued in excess of
the estimate made and approved by the excise board for the current
fiscal year or in excess of a bond issue for such purpose, shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a
fine of not less than One Thousand Dollars ($1,000.00) or by
imprisonment in the county jail not exceeding one (1) year or by
both the fine and imprisonment.
Added by Laws 2004, c. 361, § 26, eff. July 1, 2004.
§70-5-184. Authorization, acknowledgement, etc. by school district
officer of issuance, approval, etc. of check, warrant or certificate
in excess of approved estimate of expenses – Violation – Penalties.
Any school district officer willfully or knowingly contracting,
incurring, acknowledging, authorizing, allowing, or approving any
indebtedness or any officer issuing, drawing, or attesting any
check, warrant or certificate of indebtedness in excess of the
estimate made and approved by the excise board for such purpose for
the current fiscal year or in excess of the specific amount
authorized for such purpose by a bond issue, shall be deemed guilty
of a misdemeanor and, upon conviction, shall be punished by a fine
of not less than One Thousand Dollars ($1,000.00) or by imprisonment
in the county jail for not to exceed one (1) year or by both the
fine and imprisonment, and shall forfeit and be removed from office
pursuant to state law.
Added by Laws 2004, c. 361, § 27, eff. July 1, 2004.
§70-5-185. When check or warrant due – Enforcement of liability.
Without regard to the time when funds may be collected and are
available to pay a check or warrant issued by a school district, any
school district check or warrant shall be due one (1) year after the
close of the fiscal year for which the check or warrant was issued
and action may be commenced in any court of competent jurisdiction
to enforce the liability evidenced by the check or warrant. Any
action to enforce the liability evidenced by the check or warrant
shall thereafter be barred, and the lapse of time need not be
asserted as defense in any action for the school district to be
relieved of liability.
Added by Laws 2004, c. 361, § 28, eff. July 1, 2004.
§70-5-186. Issuance of check, warrant or certificate of
indebtedness in payment of claim in excess of amounts unexpended and
unencumbered – Signature of board president and clerk.
It shall be unlawful for the governing board of education to
issue any check, warrant or certificate of indebtedness, in any
form, in payment of, or representing or acknowledging any account,
claim, or indebtedness against the school district, or to make any
Oklahoma Statutes - Title 70. Schools
contracts for, or incur any indebtedness against the school district
in excess of the amount then unexpended and unencumbered of the sum
appropriated for the specific item of estimated needs for such
purpose theretofore made, submitted, and approved, or authorized for
such purpose by a bond issue. The signature of the board president
and clerk shall be notification to the public that the check or
warrant is for the purpose and within the amount of the
appropriation charged.
Added by Laws 2004, c. 361, § 29, eff. July 1, 2004.
§70-5-187. Unencumbered balances – Date for submission of all
claims – Notice.
All unencumbered balances, if any, as shown by the officer
charged with keeping the appropriation and expenditure records of
the school district on hand at the close of day June 30, may remain
as a credit for said fiscal year up to the close of day September
30. If a date earlier than September 30 is established, the
encumbrance clerk shall publish, on the district’s web site for two
consecutive times if also published in a daily newspaper and once if
published in a weekly newspaper of general circulation in the school
district, notice of the date set by the board of education for the
submission of all claims against unencumbered balances of the prior
fiscal year in the following form:
PUBLIC NOTICE
All having a claim against the ____ Public School District are
notified that all invoices and required documentation pertaining to
an approved purchase order for services rendered or goods or
materials delivered pursuant to that purchase order must be recorded
with the encumbrance clerk of the district on or before the ____ day
of _____, 20__, covering all debts now unpaid and incurred during
the period of the prior fiscal year beginning on July 1, 20__, and
ending on June 30 20___, or the claim upon which the invoice or
purchase order is based shall be void and forever barred.
__________________________
District Encumbrance Clerk
This section shall not permit the incurring of new indebtedness
chargeable to the appropriation account of the immediately preceding
fiscal year.
Added by Laws 2004, c. 361, § 30, eff. July 1, 2004.
§70-5-188. Supplemental appropriation of unencumbered balance –
Underestimations – Reapportionment to appropriation accounts.
Provided all fund balances reserved for unencumbered balance of
appropriations for the prior fiscal year on hand at the close of day
set by the board of education in the current fiscal year, but in no
event later than September 30, may be appropriated by supplemental
appropriation to current expense purposes in the current fiscal year
Oklahoma Statutes - Title 70. Schools
in the manner now provided by law. In the event of the recording of
an estimated encumbrance or in the event of an increase in the cost
of supplies, equipment, material, or services, these
underestimations may be provided for during the time period set by
the board by the cancellation of appropriations made by the county
excise board prior to June 30, subject to the approval of both the
governing board and the officer in charge of the department or
appropriation account only in instances as set forth and only in
amounts sufficient to pay the increased encumbrances, and by
reapportionment to the appropriation accounts in which an
underestimated encumbrance was made, all in the manner as now
provided by law for the making of supplemental appropriations.
Added by Laws 2004, c. 361, § 31, eff. July 1, 2004.
§70-5-189. Second or duplicate check or warrant – Stop payment or
affidavit.
A school district may issue a second or duplicate check or
warrant in lieu of any check or warrant that has been issued and
subsequently lost or destroyed. No second or duplicate check or
warrant shall be issued until the school district has stopped
payment on said item by the payor bank or, in the alternative, until
an affidavit setting forth the facts as to the loss or destruction
of the original check or warrant has been received by the school
district from the payee, which affidavit may be received by
facsimile transmission. The district board of each school district
shall establish policies and procedures as will, as nearly as
possible, preclude any loss being sustained by the school district
on account of the issuance of any second or duplicate check or
warrant.
Added by Laws 2004, c. 361, § 32, eff. July 1, 2004.
§70-5-190. School district treasurer, encumbrance clerk - Training
- Continuing education.
A. Before July 1, 2007, every school district treasurer shall
complete at least twelve (12) hours of instruction on school finance
laws of this state, accounting, ethics, and the duties and
responsibilities of a school district treasurer.
B. Before July 1, 2007, every school district encumbrance clerk
shall complete at least twelve (12) hours of instruction on school
finance laws of this state, accounting, ethics, and the duties and
responsibilities of a school district encumbrance clerk.
C. Except as otherwise provided for, every school district
treasurer and encumbrance clerk employed after July 1, 2007, shall
be required, within nine (9) months after employment in the position
by a school district, to complete the instruction required pursuant
to subsections A and B of this section. Any instruction as
described in subsections A and B of this section completed by the
Oklahoma Statutes - Title 70. Schools
school district treasurer or encumbrance clerk within three (3)
years prior to employment in the position by the school district
shall count toward satisfying the requirements of this subsection.
D. Every school district treasurer and encumbrance clerk shall
be required to complete a minimum of twelve (12) hours of continuing
education every three (3) years, in addition to the requirements of
subsections A and B of this section.
E. The requirements of this section shall not apply to any
county treasurer who also acts as a school district treasurer;
however, nothing herein shall prevent a county treasurer from
attending such training or continuing education.
Added by Laws 2005, c. 472, § 1, eff. July 1, 2005. Amended by Laws
2011, c. 231, § 1, eff. Nov. 1, 2011; Laws 2016, c. 24, § 1, emerg.
eff. April 11, 2016.
§70-5-200. Contracting with an educational management organization
– Disclosure of financial details – Binding contracts with teachers
and board of education.
A. As used in this section, “educational management
organization” means a for-profit or nonprofit organization that
receives public funds to provide administration and management
services for a charter school, statewide virtual charter school, or
traditional public school.
B. A charter school, virtual charter school, or public school
that contracts with an educational management organization shall use
the Oklahoma Cost Accounting System (OCAS) to report the total
amount paid to an educational management organization pursuant to
the terms of the contract as well as actual itemized expenditure
information for the goods or services provided by the management
organization as defined by OCAS expenditure codes including the
total compensation package of the superintendent including the base
salary, insurance, retirement, and other fringe benefits.
C. Pursuant to Internal Revenue Service guidelines, any owner
of an educational management organization shall be required to
disclose to the governing board of the school, charter school, or
virtual charter school in a public meeting any ownership position in
any business that contracts or proposes to contract with the same
school that the educational management organization is managing.
D. Whenever any person shall enter into a contract with any
school district, public charter school, or virtual charter school in
the state to teach in the school, the contract shall be binding on
the teacher and on the board of education until the teacher legally
has been discharged from the teaching position or released by the
board of education from the contract. Except as provided in Section
5-106A of this title, until the teacher has been thus discharged or
released, the teacher shall not have authority to enter into a
contract with any other board of education in this state for the
Oklahoma Statutes - Title 70. Schools
same time covered by the original contract. If upon written
complaint by the board of education of a school district, public
charter school, or virtual charter school any teacher is reported to
have failed to obey the terms of the contract previously made and to
have entered into a contract with another board of education without
having been released from the former contract except as provided in
Section 5-106A of this title, the teacher, upon being found to be
employed full-time for another public school at a hearing held
before the State Board of Education, shall have such teacher’s
certificate suspended for the remainder of the term for which the
contract was made.
Added by Laws 2019, c. 272, § 2, emerg. eff. May 2, 2019. Amended
by Laws 2023, c. 323, § 18, eff. July 1, 2024.
Frequently Asked Questions About Oklahoma § 70-5
What does Oklahoma Statutes § 70-5 cover?
Section 70-5 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 § 70-5?
A common citation format is "Oklahoma Statutes § 70-5" (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 § 70-5 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.