Oklahoma § 70-7
Full text of Oklahoma Oklahoma Statutes § 70-7, with citation guidance and answers to common questions.
§ 70-7.
Repealed by Laws 1941, p. 416, § 8.
§70-7-1.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-7-2.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-7-3.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-7-4.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-7-5.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-7-6.
1971.
Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
§70-7-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2,
1971.
NOTE: Former § 7-7 derived from Laws 1949, p. 548, art. 7, § 7 was
repealed by Laws 1953, p. 384, § 30.
§70-7-8.
Repealed by Laws 1953, p. 384, § 3.
Oklahoma Statutes - Title 70. Schools
§70-7-101. Boundaries - Petition or resolution to change Election.
A. Except as otherwise provided for in Section 7-105 of this
title for conditional consolidated school districts, the territory
comprising all or part of a school district may be annexed to
another school district or to two or more districts, when approved
at an annexation election called by the State Superintendent of
Public Instruction, but except as provided in subsection B of this
section, an annexation election may not be held unless the boards of
education of the affected districts concur therein. Provided, that
such concurrence of the boards of education affected shall not be
required in cases of mandatory annexation by the State Board of
Education:
1. In pursuance of a petition for annexation signed by a
majority of the school district electors in the territory proposed
to be annexed, hereinafter referred to as the area affected, said
majority 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 as provided in this section; or
2. In pursuance of a resolution adopted by the board of
education of the district in which the area affected is situated.
B. An annexation election shall be called by the State
Superintendent of Public Instruction without the concurrence of the
board of education of the school district which is proposed to be
annexed, upon the filing of a petition with the State Superintendent
of Public Instruction for annexation that is signed by a majority of
the school district electors in the territory proposed to be
annexed, hereinafter referred to as the area affected, said majority
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. The petition shall contain such information as the State
Superintendent of Public Instruction may require.
C. Annexation elections held pursuant to this section shall be
conducted pursuant to the following procedures:
1. Such election shall be held not less than sixty (60) days
nor more than ninety (90) days after the State Superintendent of
Public Instruction receives such petition, at some public place in
the school district in which the area affected is situated, between
the hours of 7 a.m. and 7 p.m., and notice thereof shall be given by
the State Superintendent of Public Instruction in the same manner as
notice of special elections of the school district electors of
school districts is given, provided, that the State Superintendent
of Public Instruction shall not be required to call an election for
Oklahoma Statutes - Title 70. Schools
the purpose of annexing a part of a school district more than once
during any twelve-month period. Such elections shall be conducted
by the county election board;
2. The annexation shall be approved by a majority of the school
district electors voting at such election:
a.
of an entire school district, or
b.
if a majority of the members of a board of education
of a school district losing the territory concur with
the petitioners, or resolution, only the legal voters
of the area so affected shall be eligible to vote at
such election, or
c.
if the affected area is part of a school district with
thirty thousand (30,000) or more average daily
membership, if the boundaries of the affected area is
not contiguous with the boundaries of the rest of the
district, and if the boundary of the noncontiguous
affected area is a least two (2) miles from the
nearest boundary of the rest of the district, only the
legal voters of the area so affected shall be eligible
to vote at such election. Provided, if there is an
incorporated city located wholly within the separate
noncontiguous affected area, the annexation election
being held shall not effect the area within the
boundaries of the incorporated area unless a majority
of the school district electors within the boundaries
of the incorporated area also file a petition
requesting annexation as required in subsection B of
this section.
If the area proposed to be annexed constitutes less than two percent
(2%) of the total area of the school district in which such area is
located, and there are no qualified electors residing in such area,
no election shall be held. In such instance the board of education
of the school district wherein the area proposed to be annexed is
located and the board of education of the school district to which
such area is proposed to be annexed shall each adopt a resolution
approving such annexation and shall transmit certified copies of
both resolutions to the State Superintendent of Public Instruction
who shall, within five (5) days after receiving copies of such
resolutions, make an order declaring the annexation as approved in
the resolutions. Copies of the annexation order shall be
transmitted to the State Board of Education, Oklahoma Tax
Commission, county clerk, county treasurer, county assessor and to
the boards of education of the school districts involved;
3. The annexation shall be approved by a majority of the school
district electors of the area affected, voting at such election, if
the area affected is an area within a school district in which, as a
result of condemnation proceedings by the federal government, a
Oklahoma Statutes - Title 70. Schools
majority of the pupils of said area have attended school, for at
least one school term, in the district to which the petition
requests annexation;
4. If the annexation of an entire district is approved, as
provided for in this section, the State Superintendent of Public
Instruction shall, within five (5) days after such election, issue
an order declaring the annexation as requested in the petition or
resolution for annexation to the State Board of Education, Oklahoma
Tax Commission, county clerk, county treasurer and county assessor
in each county in which any of the territory of the disorganized
district lies, but the annexation shall not become effective until
the time for filing an appeal, as hereinafter provided, has expired.
In the event a majority of the electors voting at such election do
not vote for the annexation, the State Superintendent of Public
Instruction shall, within five (5) days after such election, issue
an order denying the annexation to the State Board of Education,
Oklahoma Tax Commission, county clerk, county treasurer and county
assessor in each county in which any of the territory of the
disorganized district lies. Within ten (10) days after the order of
the State Superintendent of Public Instruction is issued, twentyfive percent (25%) of the school district electors who were eligible
to vote at the annexation election may appeal to the district court
of the county in which the territory proposed to be annexed, or the
largest part thereof if such territory lies in more than one county,
is situated, and thereafter all proceedings shall be stayed until
the district court has rendered judgment. The proceedings shall be
given precedence over all other civil matters. In the event the
court issues a final order upholding a partial annexation, the
effective date of said partial annexation shall be July 1 following
the final order. All pending annexation proceedings are hereby
exempted from this act. The State Board of Education shall be
required to change the boundary lines as described in the
declaration after all litigation has expired;
5. Upon the effective date of the annexation of an entire
school district to one or more school districts, the board of
education of the school district whose territory was annexed shall
be declared abolished by the State Superintendent of Public
Instruction. If a school district to which the territory was
annexed currently has a five-member board of education, that school
district board of education shall have the option of forming a
seven-member board of education pursuant to the provisions of
Section 5-107A of this title upon the effective date of the
annexation; and
6. If an independent district annexes to an elementary district
not maintaining a high school, both boards of education are
abolished. The Governor shall appoint three members of the newly
Oklahoma Statutes - Title 70. Schools
formed district to the board of education and these members shall
appoint the remaining two members.
Added by Laws 1971, c. 281, § 7-101, eff. July 2, 1971. Amended by
Laws 1972, c. 215, § 1, emerg. eff. April 7, 1972; Laws 1974, c. 37,
§ 1, emerg. eff. April 13, 1974; Laws 1975, c. 73, § 1, emerg. eff.
April 18, 1975; Laws 1977, c. 183, § 1, emerg. eff. June 8, 1977;
Laws 1985, c. 193, § 7, eff. Nov. 1, 1985; Laws 1987, c. 154, § 1,
eff. Nov. 1, 1987; Laws 1990, c. 257, § 7, eff. July 1, 1990; Laws
1991, c. 3, § 8, eff. July 1, 1991; Laws 1992, c. 324, § 11, eff.
July 1, 1992; Laws 1993, c. 316, § 15, eff. Sept. 1, 1993; Laws
1994, c. 71, § 1, emerg. eff. April 15, 1994; Laws 1997, c. 332, §
1, eff. July 1, 1997; Laws 1999, c. 300, § 1, eff. July 1, 1999.
NOTE: Laws 1993, c. 239, § 31 repealed by Laws 1994, c. 71, § 2,
emerg. eff. April 15, 1994.
§70-7-101.1. Mandatory annexation or consolidation - Rules and
regulations regarding procedures - Notice to school district
involved - Opportunity to appear before State Board of Education Determination of issue.
A. The State Board of Education shall be authorized to
promulgate rules and regulations regarding the procedures necessary
to accomplish mandatory annexation or consolidation, as provided by
and within the requirements of the provisions of Sections 2, 8, 9,
10, 11, 12 and 13 of this act, and as otherwise provided by law.
B. In any case where mandatory annexation of a school or school
district is recommended by the State Department of Education, the
Department shall notify, in writing, the board of education of the
school district involved. Upon receipt of the notification, the
school district board shall have fifteen (15) days to request an
opportunity to appear before the State Board of Education. If the
school district board fails to request an opportunity to appear, the
State Board shall proceed without further notice or delay, to
conclude the matter. If an opportunity to appear is requested by
the school district board, the State Board shall decide the issues
after hearing from representatives of the school or school district
and the State Department and shall make a final determination on the
recommendation of the Department.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 12, emerg. eff. April 25,
1990.
§70-7-102.
1979.
Repealed by Laws 1979, c. 282, § 32, emerg. eff. June 7,
§70-7-103. Annexation or disorganization - Assumption of bonded
indebtedness.
A. The component parts (or part) of the district annexed,
whether the annexation is or was voluntary or mandatory under the
Oklahoma Statutes - Title 70. Schools
provisions of this or any prior act, shall assume their full
proportion of all legal bonded indebtedness of the district or
districts to which they are or were annexed, and the district or
districts to which they are or were annexed shall likewise assume a
full proportion of all legal bonded indebtedness of the district
annexed, or ratable proportion in ratio to the assessed valuation to
the part annexed.
B. Provided, that if the area affected is or has been annexed
under the provisions of this article to a school district
(hereinafter referred to as the "first" district) having a bonded
indebtedness at the time of said annexation, and if at the time of
said annexation said area affected is or was not liable for any
bonded indebtedness, and if within four (4) calendar months or less
after said annexation all or any portion of the territory of the
area affected is or has been detached from the first district to
become a part of some other school district (hereinafter referred to
as the "second" district) then:
1. If the detachment of said territory occurs in any fiscal
year after the effective date of this subsection, and before the
certification of the budgets and levies of the first district for
said fiscal year to the State Auditor and Inspector, neither the
said detached territory nor the second district shall have any
liability for the payment of any part of the bonded indebtedness of
the first district which existed when the area affected was annexed
to the first district; or
2. If the detachment of said territory occurs in any fiscal
year after the effective date of this subsection, and after the
certification of the budgets and levies for said fiscal year of the
first district to the State Auditor and Inspector, the said detached
territory shall continue to bear its share of the bonded
indebtedness of the first district as prescribed by subsection A of
this section for the remainder of said fiscal year, but the second
district shall not be liable for any part of the bonded indebtedness
of the first district which existed at the time of the annexation of
the area affected to the first district; and after the beginning of
the next succeeding fiscal year neither the said detached territory
nor the second district shall have any liability for any of the
bonded indebtedness of the first district which existed at the time
the area affected was annexed to the first district.
Laws 1971, c. 281, § 7-103, eff. July 2, 1971; Laws 1979, c. 30, §
48, emerg. eff. April 6, 1979.
§70-7-104. Division of property - Debts and obligations.
A. In case the area affected comprises an entire school
district, and all of such area is annexed to only one other
district, the district to which it is annexed shall become the owner
of all the property and other assets of the disorganized district
Oklahoma Statutes - Title 70. Schools
and shall be liable for the current debts and other obligations of
such disorganized district, and said district shall also acquire
title to and provide for permanent custody of all individual
scholastic and other permanent records relating to each pupil who
was previously enrolled in the annexed district.
B. In case the area affected comprises an entire school
district, and is annexed to two or more districts, then the current
debts or obligations and property and other assets of the
disorganized district shall be divided by agreement between the
boards of education of the annexing districts, and the board of
education of either of the annexing districts may purchase any such
property or assets to effect a just division. If the boards of
education are unable to agree, the matter shall be decided by the
State Board of Education, and its decision shall be final.
C. In case the area affected is not an entire school district,
the district to which the annexation is made shall not acquire any
of the property or assets of the district from which the area
affected is detached, except that any school building or buildings
located in the affected area shall become the property of the
district to which the affected area is annexed and all obligations
pertaining thereto shall become the responsibility of the annexing
district.
D. If any mandatory or voluntary annexation made under the
provisions of this article shall occur after the election on school
district levies for the ensuing fiscal year and before the tax
levies of the ensuing year have been made and certified, the
operating and building levies authorized for the annexing district
shall be the levies for all the said district after such annexation.
All mandatory or voluntary annexations made and ordered subsequent
to the certification of the budgets and levies to the State Auditor
and Inspector shall be forthwith effective regardless of any
variation in such levies; and the budgetary assets of the annexed
district or districts theretofore so certified as unexpended and
unencumbered shall be merged by supplementary procedure with the
budgetary assets of the annexing district.
E. In case the area affected is annexed to two or more
districts or the area affected is not an entire school district, the
individual scholastic and other permanent records relating to each
pupil enrolled at the time of annexation shall be transferred to the
respective districts where said pupils are transferred. All other
individual scholastic and other permanent records relating to pupils
in said areas or entire districts affected shall be filed with the
county clerk of the county where supervision of the annexed school
district is located.
Laws 1971, c. 281, § 7-104, eff. July 2, 1971; Laws 1972, c. 215, §
2, emerg. eff. April 7, 1972; Laws 1979, c. 30, § 49, emerg. eff.
April 6, 1979; Laws 1993, c. 239, § 32, eff. July 1, 1993.
Oklahoma Statutes - Title 70. Schools
§70-7-105. Consolidation - Studies - Petition - Majority vote in
entire territory – Plan of action – Conditional consolidation Election - Initial board for new district - New district legal
successor.
A. Two or more school districts may, whether adjacent or not
adjacent, be consolidated into a single school district in
accordance with standards, rules and procedures to be determined by
the State Board of Education. When the consolidation of two or more
school districts is proposed, the State Board of Education shall
conduct such studies of the populations, wealth, terrain, trade
areas and other factors as may be necessary to determine the
location of boundaries and the size of a proposed district which
will most nearly ensure an efficient and economical administrative
unit. The State Board of Education shall furnish the boards of
education of the school districts which might be involved
information and advice as to where the boundaries and what the size
of the proposed new district should be. Nothing herein shall be
construed to prevent the inclusion within a school district of
territory lying within the boundaries of two or more counties.
B. Ten percent (10%) of the qualified school electors in any
district may petition the board of education of such district to
request such information, or a board of education of such district
may on its own initiative ask for information and advice from the
State Board of Education on the educational advantages and
disadvantages of proposed consolidation to the children and
residents of the area which might be affected. Upon the receipt of
such a petition, the local board of education shall request the
services of the State Board of Education and shall notify the boards
of education in adjacent school districts that such a request has
been made. The State Board of Education may on its own initiative
make the study herein authorized of any area of the state and direct
the board of education of such school districts as might be involved
to set into operation in their districts the procedure for
determining what, if any, consolidation should be carried on in the
area under study.
C. Any rules or procedures which the State Board of Education
may prescribe for consolidation of school districts shall include
the opportunity for the qualified school electors in the school
districts involved to express their wishes through a majority vote
of the school electors in the entire territory involved.
D. Prior to an election for consolidation, the boards of
education of the school districts involved may develop a plan which
shall set forth the actions to be taken during and after
consolidation. The plan of action shall include agreements relating
to school site closing, disposition and utilization of property and
equipment and such other agreements as may be necessary to
Oklahoma Statutes - Title 70. Schools
facilitate the consolidation of the school districts. The plan of
action shall also include provisions related to the technology
center school district the newly formed district will be a part of
which are consistent with the State Board of Career and Technology
Education rules. The plan shall be placed on a separate ballot and
voted on by the qualified school electors of each district at the
time of the consolidation election. Both the plan and consolidation
questions must be approved by a majority vote for the plan to take
effect. The plan shall be binding on the board of education of the
newly formed district for at least three (3) years; provided, any
provisions related to the expenditure of appropriated money shall
not be binding beyond the current fiscal year. The newly formed
district may alter or disregard the plan only if there is a
significant change in circumstances, including a significant drop in
revenue to the district or in student enrollment.
E. Two or more school districts may be consolidated into a
single school district on a conditional basis. If the voters
approve conditional consolidation of the school districts at an
election for such purpose in accordance with the procedures set
forth in this section, the newly formed school district shall be
considered consolidated and shall go through the same procedure and
meet the same requirements as any consolidated school district.
Under a conditional consolidation plan, any subsequent decision to
consolidate the new school district or annex all or part of the new
school district, shall first be approved by a majority of the
electors, voting at such election, of each of the original school
districts. If one or more of the original school districts
disapproves the subsequent consolidation or annexation plan, the
plan shall not be approved. If all of the original school districts
approve the subsequent consolidation or annexation plan, the plan
shall be approved and thereafter, any further consolidation or
annexation shall be subject to approval of the electors of all of
the school districts as a whole. The original school district shall
mean only the districts which independently voted to join the
conditionally consolidated district.
F. An election for such purpose shall be held either upon:
1. A petition for consolidation or conditional consolidation,
signed by forty percent (40%) of the school district electors of
each school district included in the proposed consolidation, or
conditional consolidation said percentage being applied to the
highest number of voters voting in a regular school 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; or
2. The concurrence of the boards of education of the school
districts included in the proposed consolidation or conditional
consolidation, as shown by a resolution adopted by each board.
Oklahoma Statutes - Title 70. Schools
The election shall be called by the State Board of Education and
conducted in accordance with the general election laws of this
state. Any vote to consolidate two or more districts, shall require
a majority vote of those voting in each school district involved.
When such a majority vote is in favor of consolidation or
conditional consolidation, the State Board of Education shall
declare the participating school districts dissolved and the new
school district established, and the newly formed district shall
thereupon be governed by the provisions of the Oklahoma School Code.
G. The State Superintendent of Public Instruction or designee
shall convene the members of the boards of the districts forming the
new district, who shall be given the opportunity of selecting from
among themselves the initial board of education for the new
district, selecting the number of members and designating the
initial terms of service of each as required to conform to law;
provided, the members convened shall have the option of forming a
seven-member board pursuant to the provisions of Section 5-107A of
this title rather than a board of the size otherwise provided by law
and shall have the option of temporarily increasing the number of
board positions for the new district by two positions per
consolidating district for the first two (2) years following
consolidation. The temporary positions will be filled by
appointment by the board. The temporary board positions shall be
abolished two (2) years from the effective date of consolidation.
Within ten (10) days following the declaration of establishment of
the new district, the State Superintendent or designee shall declare
the agreement or shall declare that such agreement has not been
reached, in which case persons serving as members of the board of
education of the participating district having the largest number of
enumerated children as shown by the last regular enumeration shall
serve as members of the board of education of the newly formed
district for the terms for which they were elected and until their
successors have been duly elected or appointed and have qualified.
H. All liabilities, assets, powers and duties of the
participating districts shall become the responsibility of the new
school district, which district shall be the legal successor in
every respect to the school districts participating in the
consolidation or conditional consolidation in accordance with law.
Added by Laws 1971, c. 281, § 7-105, eff. July 2, 1971. Amended by
Laws 1989, c. 323, § 9, eff. July 1, 1989; Laws 1990, c. 257, § 5,
eff. July 1, 1990; Laws 1993, c. 45, § 5, emerg. eff. April 9, 1993;
Laws 1994, c. 75, § 1, eff. July 1, 1994; Laws 1997, c. 332, § 2,
eff. July 1, 1997; Laws 2001, c. 33, § 85, eff. July 1, 2001.
§70-7-106. Buildings - Rented, moved, or sold.
No building or appendages thereto of any school district that has
been annexed to another school district or districts shall be
Oklahoma Statutes - Title 70. Schools
rented, moved or sold by the board of education of the annexing
district or districts without the approval of a majority of the
school district electors in the annexed district voting on the
proposition, if such building is being used at least once each
ninety (90) days for public gatherings. Provided, that the board of
education of the annexing district acquiring such building may
require persons or groups using such building and appendages to pay
the cost of maintenance, including insurance, of such building and
appendages.
Laws 1971, c. 281, § 7-106, eff. July 2, 1971.
§70-7-107. Disposition of property.
Once a school district has voted to dispense with grades one
through eight or one through twelve, it shall be illegal for the
board of education of such district to sell, exchange, trade, junk,
salvage, or otherwise dispose of any furniture, equipment, land,
buildings, or other such assets belonging to the school district
unless such sale, exchange, trade or disposal is made to, and only
to, another public school district in the State of Oklahoma. It
shall also be illegal for the board of education to expend the
school district's funds for any purpose after the end of the fiscal
year in which grades one through eight or one through twelve have
been dispensed with except in payment of legal transfer fees, bond
and property insurance premiums, utilities, salary of the clerk of
the board of education, audit expenses, and the expenses necessary
for the preservation and maintenance of school property; provided,
that a board or boards of education receiving the annexed district
shall have one (1) year after annexation to sell or convey the title
of land and buildings to a nonprofit corporation to be used for
community purposes after the same has been approved by a majority of
the electors of the annexed district, present and voting, at an
election called for such purpose; provided, that when such use
ceases, the title to said land and buildings shall be vested in the
receiving district or districts which shall be evidenced by
resolution of the annexed district.
Laws 1971, c. 281, § 7-107, eff. July 2, 1971.
§70-7-108. Federally owned reservations - Annexations.
Any federally owned reservation, or any portion thereof, within
the State of Oklahoma shall with the consent of the United States,
given by and through the commanding officer, superintendent, or
other officer having charge of such reservation, be attached to an
independent school district within the same transportation area for
school purposes in which such reservation and independent school
district are situated, upon the petition of the commanding officer,
superintendent, or other officer having charge of such reservation,
and with the consent of the board of education of such independent
Oklahoma Statutes - Title 70. Schools
school district. The petition of such commanding officer,
superintendent, or other officer in charge of any such federally
owned reservation and the consent of such board of education shall
be filed with the State Superintendent of Public Instruction and
said Superintendent shall thereupon order such reservation to be
attached to such independent school district.
Laws 1971, c. 281, § 7-108, eff. July 2, 1971; Laws 1993, c. 239, §
33, eff. July 1, 1993.
§70-7-201. Short title.
Sections 7-201 through 7-206 of this title shall be known and
may be cited as the "Oklahoma School Consolidation and Annexation
Act".
Added by Laws 1989, c. 323, § 1, eff. July 1, 1989. Amended by Laws
1989, 1st. Ex.Sess., c. 2, § 8, operative July 1, 1990; Laws 2003,
c. 296, § 1, eff. July 1, 2003; Laws 2009, c. 448, § 2, eff. Nov. 1,
2009.
§70-7-202. Application of act.
The provisions of the Oklahoma School Consolidation and
Annexation Act shall apply only to school districts whose entire
territory has been annexed to one or more existing school districts
or which have been created by the consolidation of two or more
existing school districts in accordance with the provisions of
Section 7-101 et seq. of this title or to school districts which
have entered into a mutual contract with a superintendent as
authorized pursuant to Section 5-106A of this title.
Added by Laws 1989, c. 323, § 3, eff. July 1, 1989. Amended by Laws
1989, 1st Ex. Sess., c. 2, § 9, operative July 1, 1990; Laws 1990,
c. 257, § 8, emerg. eff. May 23, 1990; Laws 1992, c. 324, § 12, eff.
July 1, 1992; Laws 2003, c. 296, § 2, eff. July 1, 2003; Laws 2009,
c. 448, § 3, eff. Nov. 1, 2009; Laws 2011, c. 338, § 1, eff. July 1,
2011.
§70-7-203. School Consolidation Assistance Fund.
A. There is hereby created in the State Treasury a fund to be
designated the "School Consolidation Assistance Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of any monies the Legislature may appropriate or
transfer to the fund and any monies contributed for the fund from
any other source, public or private.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State Board of
Education for the purposes established by this section, the
Legislature and in accordance with rules promulgated by the State
Board of Education. The purposes shall be to provide:
Oklahoma Statutes - Title 70. Schools
1. Voluntarily or mandatorily consolidated school districts or
districts who have received part or all of the territory and part or
all of the students of a school district dissolved by voluntary or
mandatory annexation, during the first year of consolidation or
annexation with a single one-year allocation of funds needed for:
a.
purchase of uniform textbooks in cases where the
several districts were not using the same textbooks
prior to consolidation or annexation,
b.
employment of certified personnel required to teach
courses of the district for which personnel from the
districts consolidated or annexed are not certified
and available,
c.
employment assistance for personnel of the several
districts who are not employed by the consolidated or
annexing district. Employment assistance may include
provision of a severance allowance for administrators,
teachers and support personnel not to exceed eighty
percent (80%) of the individual's salary or wages,
exclusive of fringe benefits, for the school year
preceding the consolidation or annexation. Personnel
receiving such severance pay may accumulate one (1)
year of creditable service for retirement purposes.
Employment assistance may also include the payment of
unemployment compensation benefits. The State Board
of Education shall provide a severance allowance to
employees dismissed from employment due to annexation
or consolidation of a school district in the year of
the annexation or consolidation and who were denied a
severance allowance or unemployment compensation
benefits and the voluntary consolidation funding of
the annexing or consolidating district or districts
has been paid on or after July 1, 2003, at the maximum
allowable amount. Application for a severance
allowance shall be made to the Finance Division of the
State Department of Education by the dismissed
employee no later than September 1 of the fiscal year
immediately following the fiscal year in which the
annexation or consolidation occurred,
d.
furnishing and equipping classrooms and laboratories,
e.
purchase of additional transportation equipment, and
f.
when deemed essential by the school district board of
education to achieve consolidation or combination by
annexation, renovation of existing school buildings
and construction or other acquisition of school
buildings; and
2. Assistance to school districts which have entered into a
mutual contract with a superintendent as authorized pursuant to
Oklahoma Statutes - Title 70. Schools
Section 5-106A of this title in paying the salary or wages of the
superintendent. The assistance shall equal not more than fifty
percent (50%) of the salary or wages of the superintendent for not
more than three (3) consecutive years. In no case shall the total
amount of assistance paid over the three-year period be more than
One Hundred Fifty Thousand Dollars ($150,000.00) nor shall any
school district be eligible to receive assistance pursuant to this
paragraph for more than one three-year time period.
C. The State Board of Education shall only make allocations
from the fund to school districts formed from the combination of two
or more of the districts whose boards of education notify the State
Board of Education on or before June 30 of their intent to annex or
consolidate and are subsequently combined by such means by January 1
of the second year following the notification of intent. The boards
of education which have entered into a mutual contract with a
superintendent shall notify the Board on or before June 30 of the
year preceding the school year the mutual contract will become
effective.
D. Allocations will be made to school districts formed by
voluntary or mandatory consolidation on the basis of combined
average daily membership (ADM) of the school year preceding the
first year of operation of the school district resulting from the
consolidation; provided, not more than two hundred (200) ADM of any
one school district shall be counted in determining the combined ADM
of any district formed by consolidation. The ADM of any one school
district shall not be considered more than once for allocations from
the fund when the school district consolidates with two or more
school districts. Allocations from the fund pursuant to this
subsection shall be calculated by multiplying the combined ADM by
Two Thousand Five Hundred Dollars ($2,500.00).
E.
Allocations will be made to school districts which have
received part or all of the territory and students of a school
district by voluntary or mandatory annexation on the basis of ADM of
the annexed school district for the school year preceding the first
year of operation of the school district resulting from the
annexation; provided, not more than two hundred (200) ADM of the
annexed district shall be counted. Allocations from the fund
pursuant to this subsection shall be calculated by multiplying the
allowable ADM by Five Thousand Dollars ($5,000.00). In no case
shall allocations payable pursuant to this subsection be greater
than One Million Dollars ($1,000,000.00).
F. If monies in the School Consolidation Assistance Fund are
insufficient to make allocations to all qualified combined
districts, allocations shall be made based upon the determination of
the State Board of Education with preference given to school
district consolidation and annexation.
Oklahoma Statutes - Title 70. Schools
Added by Laws 1989, c. 323, § 4, eff. July 1, 1989. Amended by Laws
1989, 1st Ex. Sess., c. 2, § 10, operative July 1, 1990; Laws 1990,
c. 257, § 9, emerg. eff. May 23, 1990; Laws 1991, c. 280, § 59, eff.
July 1, 1991; Laws 1992, c. 111, § 1, emerg. eff. April 21, 1992;
Laws 1993, c. 361, § 4, eff. July 1, 1993; Laws 2003, c. 296, § 3,
eff. July 1, 2003; Laws 2006, c. 278, § 4, eff. July 1, 2006; Laws
2009, c. 448, § 4, eff. Nov. 1, 2009; Laws 2011, c. 338, § 2, eff.
July 1, 2011.
§70-7-203.1. Determination of number of districts intending to
annex or consolidate - Transfer of funds when qualified combined
districts is two or less.
Beginning July 1, 2006, and each year thereafter, the State
Board of Education shall determine the number of districts that
notified the Board of their intent to annex or consolidate by June
30 of the previous fiscal year. If the Board determines the number
of qualified combined districts to be two or less, the Board is
authorized to transfer up to one-half of the funds transferred to
the School Consolidation Assistance Fund for that fiscal year for
allocation to the Financial Support of Public Schools for
distribution to school districts in the State Aid Formula, provided
in Section 18-200.1 of Title 70 of the Oklahoma Statutes. The State
Board of Education is further authorized to transfer up to one-half
of the funds not allocated to school districts for annexation or
consolidation for the fiscal year ending June 30, 2006, for
allocation to the Financial Support of Public Schools.
Added by Laws 2006, 2nd Ex.Sess., c. 50, § 36, eff. July 1, 2006.
§70-7-204. Preference for allocations from funds.
Consolidated districts and districts combined by annexation
which are created pursuant to the Oklahoma School Consolidation and
Annexation Act and districts that have entered into a mutual
contract with a superintendent shall have for three (3) subsequent
consecutive years after consolidation, annexation or the effective
date of the mutual contract preference for allocations from funds
appropriated to the State Board of Education for Community
Education, Alternative and High Challenge Schools, School/Community
Network for Arts-in-Education, Instructional Cooperative and
Technical Education, Advanced Placement Incentives, and for all
other allocations made by the Board on a competitive basis.
Added by Laws 1989, c. 323, § 5, eff. July 1, 1989. Amended by Laws
1991, c. 280, § 60, eff. July 1, 1991; Laws 1992, c. 281, § 1, eff.
July 1, 1992; Laws 2003, c. 296, § 4, eff. July 1, 2003; Laws 2009,
c. 448, § 5, eff. Nov. 1, 2009; Laws 2011, c. 338, § 3, eff. July 1,
2011.
Oklahoma Statutes - Title 70. Schools
§70-7-205. Exceptions to certification requirements - Priority for
placement assistance services.
When considering requests for exceptions to certification
requirements from districts created by consolidation or annexation
pursuant to the Oklahoma School Consolidation and Annexation Act for
personnel reassigned because of the consolidation or annexation, the
State Superintendent of Public Instruction and the State Board of
Education shall exercise the greatest degree of latitude that can be
regarded as consistent with acceptable professional practice.
Highest priority for placement assistance services of the State
Department of Education shall be afforded personnel for whom the
consolidated or annexing district has no assignment required.
Added by Laws 1989, c. 323, § 8, eff. July 1, 1989; Laws 1991, c.
280, § 61, eff. July 1, 1991.
§70-7-206. Consolidation or annexation of elementary school
district with independent school district.
Elementary school districts which desire to consolidate with or
annex the entire territory comprising the school district to an
independent school district or districts in the transportation area
of their choice pursuant to the Oklahoma School Consolidation and
Annexation Act shall be authorized to enter into contracts with the
independent school district or districts whom they consolidate with
or annex to, which provide for up to a three-year moratorium on
school site closings within the consolidated or annexed elementary
district.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 11, operative July 1,
1990. Amended by Laws 1990, c. 257, § 10, emerg. eff. May 23, 1990;
Laws 1991, c. 3, § 9, eff. July 1, 1991.
Frequently Asked Questions About Oklahoma § 70-7
What does Oklahoma Statutes § 70-7 cover?
Section 70-7 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 § 70-7?
A common citation format is "Oklahoma Statutes § 70-7" (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 § 70-7 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.