Okla. Stat. tit. 68, § 68-2357.206

- Tax credit - Definitions.

A. This act shall be known and may be cited as the "Oklahoma

Equal Opportunity Education Scholarship Act".

B. 1. Except as provided in subsection G of this section,

after August 26, 2011, there shall be allowed a credit for any

taxpayer who makes a contribution to an eligible scholarship-

granting organization.

The credit shall be equal to fifty percent (50%) of the total

amount of contributions made during a taxable year, not to exceed

One Thousand Dollars ($1,000.00) for single individuals, Two

Thousand Dollars ($2,000.00) for married individuals filing jointly,

or One Hundred Thousand Dollars ($100,000.00) for any taxpayer which

is a legal business entity including limited and general

partnerships, corporations, subchapter S corporations and limited

liability companies, plus any suspended credits pursuant to

subparagraph d of paragraph 2 of subsection I of this section;

provided, if total credits claimed pursuant to this paragraph exceed

the cap amount established pursuant to paragraphs 1 and 2 of

subsection E of this section, the credit shall be equal to the

taxpayer's proportionate share of the cap for the taxable year, as

determined pursuant to subsection I of this section.

Oklahoma Statutes - Title 68. Revenue and Taxation Page 880

2. For any taxpayer who makes a contribution to an eligible

scholarship-granting organization and makes a written commitment to

contribute the same amount for an additional year, the credit for

the first year and the additional year shall be equal to seventy-

five percent (75%) of the total amount of the contribution made

during a taxable year, not to exceed the amounts established in

paragraph 1 of this subsection for the taxable year in which the

credit provided in this subsection is claimed. The taxpayer shall

provide evidence of the written commitment to the Oklahoma Tax

Commission at the time of filing the refund claim.

3. The credits authorized pursuant to the provisions of this

subsection shall be allocable to the partners, shareholders,

members, or other equity owners of a taxpayer that is authorized to

be treated as a partnership for purposes of federal income tax

reporting for the taxable year for which the tax credits authorized

by this subsection are claimed on the applicable return, together

with required schedules, forms or reports of the partners,

shareholders, members, or other equity owners of the taxpayer. Tax

credits which are allocated to such equity owners shall only be

limited in amount for the income tax return of a natural person or

persons based upon the limitation of the total credit amount to the

entity from which the tax credits have been allocated and shall not

be limited to One Thousand Dollars ($1,000.00) for single

individuals or limited to Two Thousand Dollars ($2,000.00) for

married persons filing a joint return.

4. On or before April 30, 2024, and once every two (2) years

thereafter, such scholarship-granting organization and educational

improvement grant organization shall electronically submit to the

Oklahoma Tax Commission, the Governor, President Pro Tempore of the

Senate, the Speaker of the House of Representatives, and the chairs

and vice chairs of the education committees of the Senate and House

of Representatives an audited financial statement for the

organization along with information detailing the benefits,

successes, or failures of the program, and make publicly available

on its website the financial statement and information submitted

pursuant to this paragraph.

C. 1. Except as provided in subsection G of this section,

after August 26, 2011, there shall be allowed a credit for any

taxpayer who makes a contribution to an eligible educational

improvement grant organization. Except as otherwise provided by

paragraph 2 of this subsection, the credit shall be equal to fifty

percent (50%) of the total amount of contributions made during a
this paragraph.

C. 1. Except as provided in subsection G of this section,

after August 26, 2011, there shall be allowed a credit for any

taxpayer who makes a contribution to an eligible educational

improvement grant organization. Except as otherwise provided by

paragraph 2 of this subsection, the credit shall be equal to fifty

percent (50%) of the total amount of contributions made during a

taxable year, not to exceed One Thousand Dollars ($1,000.00) for

single individuals, Two Thousand Dollars ($2,000.00) for married

individuals filing jointly, or One Hundred Thousand Dollars

($100,000.00) for any taxpayer which is a legal business entity

including limited and general partnerships, corporations, subchapter

Oklahoma Statutes - Title 68. Revenue and Taxation Page 881

S corporations and limited liability companies, plus any suspended

credits pursuant to subparagraph d of paragraph 2 of subsection I of

this section; provided, if total credits claimed pursuant to this

paragraph exceed the cap amount established pursuant to paragraphs 3

and 4 of subsection E of this section, the credit shall be equal to

the taxpayer's proportionate share of the cap for the taxable year,

as determined pursuant to subsection I of this section.

2. For any taxpayer who makes a contribution to an eligible

educational improvement grant organization and makes a written

commitment to contribute the same amount for an additional year, the

credit for the first year and the additional year shall be equal to

seventy-five percent (75%) of the total amount of the contribution

made during a taxable year, not to exceed the cap amount established

in paragraphs 3 and 4 of subsection E of this section for the

taxable year in which the credit provided in this paragraph is

claimed; provided, if total credits claimed pursuant to this

paragraph exceed the cap established pursuant to paragraphs 3 and 4

of subsection E of this section, the credit shall be equal to the

taxpayer's proportionate share of the cap for the taxable year, as

determined pursuant to subsection I of this section. The taxpayer

shall provide evidence of the written commitment to the Oklahoma Tax

Commission at the time of filing the refund claim.

3. The credits authorized pursuant to the provisions of this

subsection shall be allocable to the partners, shareholders,

members, or other equity owners of a taxpayer that is authorized to

be treated as a partnership for purposes of federal income tax

reporting for the taxable year for which the tax credits authorized

by this subsection are claimed on the applicable return, together

with required schedules, forms, or reports of the partners,

shareholders, members, or other equity owners of the taxpayer. Tax

credits which are allocated to such equity owners shall only be

limited in amount for the income tax return of a natural person or

persons based upon the limitation of the total credit amount to the

entity from which the tax credits have been allocated and shall not

be limited to One Thousand Dollars ($1,000.00) for single

individuals or limited to Two Thousand Dollars ($2,000.00) for

married persons filing a joint return.

D. 1. For contributions made on or after January 1, 2022,

there shall be allowed a credit for any taxpayer who makes a

contribution to an eligible public school foundation or public

school district. Except as otherwise provided by paragraph 2 of

this subsection, the credit shall be equal to fifty percent (50%) of

the total amount of contributions made during a taxable year, not to

exceed One Thousand Dollars ($1,000.00) for single individuals, Two

Thousand Dollars ($2,000.00) for married individuals filing jointly,

or One Hundred Thousand Dollars ($100,000.00) for any taxpayer which

is a legal business entity including limited and general

Oklahoma Statutes - Title 68. Revenue and Taxation Page 882

partnerships, corporations, subchapter S corporations and limited
ot to

exceed One Thousand Dollars ($1,000.00) for single individuals, Two

Thousand Dollars ($2,000.00) for married individuals filing jointly,

or One Hundred Thousand Dollars ($100,000.00) for any taxpayer which

is a legal business entity including limited and general

Oklahoma Statutes - Title 68. Revenue and Taxation Page 882

partnerships, corporations, subchapter S corporations and limited

liability companies; provided, if total credits claimed pursuant to

this paragraph exceed the cap amount established pursuant to

paragraph 4 of subsection E of this section, the credit shall be

equal to the taxpayer's proportionate share of the cap for the

taxable year, as determined pursuant to subsection I of this

section.

2. Except as otherwise provided by paragraph 1 of this

subsection, for any taxpayer who makes a contribution to an eligible

public school foundation or public school district and makes a

written commitment to contribute the same amount for an additional

year, the credit for the first year and the additional year shall be

equal to seventy-five percent (75%) of the total amount of the

contribution made during a taxable year, not to exceed the cap

amount established in paragraph 4 of subsection E of this section

for the taxable year in which the credit provided in this paragraph

is claimed. The taxpayer shall provide evidence of the written

commitment to the Oklahoma Tax Commission at the time of filing the

refund claim; provided, if total credits claimed pursuant to this

paragraph exceed the cap amount established pursuant to paragraph 4

of subsection E of this section, the credit shall be equal to the

taxpayer's proportionate share of the cap for the taxable year, as

determined pursuant to subsection I of this section.

3. The credits authorized pursuant to the provisions of this

subsection shall be allocable to the partners, shareholders,

members, or other equity owners of a taxpayer that is authorized to

be treated as a partnership for purposes of federal income tax

reporting for the taxable year for which the tax credits authorized

by this subsection are claimed on the applicable return, together

with required schedules, forms, or reports of the partners,

shareholders, members, or other equity owners of the taxpayer. Tax

credits which are allocated to such equity owners shall only be

limited in amount for the income tax return of a natural person or

persons based upon the limitation of the total credit amount to the

entity from which the tax credits have been allocated and shall not

be limited to One Thousand Dollars ($1,000.00) for single

individuals or limited to Two Thousand Dollars ($2,000.00) for

married persons filing a joint return.

4. On or before April 30, 2024, and once every four (4) years

thereafter, such eligible public school foundation and public school

district shall submit to the Oklahoma Tax Commission, the Governor,

President Pro Tempore of the Senate, and the Speaker of the House of

Representatives an audited financial statement for the organization

along with information detailing the benefits, successes, or

failures of the programs.

E. Except as otherwise provided pursuant to subsection I of

this section:

Oklahoma Statutes - Title 68. Revenue and Taxation Page 883

1. The total credits authorized pursuant to subsection B of

this section for all taxpayers for tax years 2017 through 2021 shall

not exceed Three Million Five Hundred Thousand Dollars

($3,500,000.00) annually;

2. The total credits authorized pursuant to subsection B of

this section for all taxpayers for tax years 2022 and subsequent tax

years shall not exceed Twenty-five Million Dollars ($25,000,000.00)

annually;

3. The total credits authorized pursuant to subsection C of

this section for all taxpayers for tax years 2017 through 2021 shall

not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00)

annually;
authorized pursuant to subsection B of

this section for all taxpayers for tax years 2022 and subsequent tax

years shall not exceed Twenty-five Million Dollars ($25,000,000.00)

annually;

3. The total credits authorized pursuant to subsection C of

this section for all taxpayers for tax years 2017 through 2021 shall

not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00)

annually;

4. The total credits authorized pursuant to subsections C and D

of this section for all taxpayers for tax year 2022 and subsequent

tax years shall not exceed Twenty-five Million Dollars

($25,000,000.00) annually. In addition to the cap amount prescribed

by this paragraph, the credit amount shall also be limited to Two

Hundred Thousand Dollars ($200,000.00) of credits per public school

district annually; and

5. The cap on total credits provided for in this subsection

shall be allocated by the Tax Commission as provided in subsection I

of this section.

F. For credits claimed for eligible contributions made during

tax year 2014 and thereafter, a credit shall not be allowed by the

Oklahoma Tax Commission for contributions made to a scholarship-

granting organization or an educational improvement grant

organization if that organization's percentage of funds actually

awarded is less than ninety percent (90%). For purposes of this

section, the "percentage of funds actually awarded" shall be

determined by dividing the total amount of funds actually awarded as

educational scholarships or educational improvement grants over the

most recent twenty-four (24) months by the total amount available to

award as educational scholarships or educational improvement grants

over the most recent twenty-four (24) months.

G. Any tax credits which are earned by a taxpayer pursuant to

this section during the time period beginning August 26, 2011,

through December 31, 2012, may not be claimed for any period prior

to the taxable year beginning January 1, 2013. No credits which

accrue during the time period beginning August 26, 2011, through

December 31, 2012, may be used to file an amended tax return for any

taxable year prior to the taxable year beginning January 1, 2013.

H. As used in this section:

1. "Eligible student" means a child of school age who is

lawfully present in the United States and who is a member of a

household in which the total annual income during the preceding tax

year does not exceed an amount equal to three hundred percent (300%)

of the income standard used to qualify for a free or reduced-price

Oklahoma Statutes - Title 68. Revenue and Taxation Page 884

school lunch or who, during the immediately preceding school year,

attended or, by virtue of the location of such student's place of

residence, was eligible to attend a public school in this state

which has been identified for school improvement as determined by

the State Board of Education pursuant to the requirements of the No

Child Left Behind Act of 2001, P.L. No. 107-110. Once a student has

received an educational scholarship, as defined in paragraph 3 of

this subsection, the student and any siblings who are members of the

same household shall remain eligible until they graduate from high

school or reach twenty-one (21) years of age, whichever occurs

first;

2. "Eligible special needs student" means a child who has been

provided services under an Individualized Family Service Plan

through the SoonerStart program and during transition was evaluated

and determined to be eligible for school district services, a child

of school age who has attended public school in our state with an

individualized education program pursuant to the Individuals With

Disabilities Education Act, 20 U.S.C.A., Section 1400 et seq., or a

child who has been diagnosed by a clinical professional as having a

significant disability that will affect learning and who has been

approved by the board of a scholarship-granting organization;
of school age who has attended public school in our state with an

individualized education program pursuant to the Individuals With

Disabilities Education Act, 20 U.S.C.A., Section 1400 et seq., or a

child who has been diagnosed by a clinical professional as having a

significant disability that will affect learning and who has been

approved by the board of a scholarship-granting organization;

3. "Educational scholarships" means:

a. scholarships to an eligible student of up to Five

Thousand Dollars ($5,000.00) or eighty percent (80%)

of the statewide annual average per-pupil expenditure

as determined by the National Center for Education

Statistics, U.S. Department of Education, whichever is

greater, to cover all or part of the tuition, fees,

and transportation costs of a qualified school which

is accredited by the State Board of Education or an

accrediting association approved by the Board pursuant

to Section 3-104 of Title 70 of the Oklahoma Statutes,

b. scholarships to an eligible student of up to Five

Thousand Dollars ($5,000.00) or eighty percent (80%)

of the statewide annual average per-pupil expenditure

as determined by the National Center for Education

Statistics, U.S. Department of Education, whichever is

greater, to cover the educational costs of a qualified

school which does not charge tuition, which enrolls

special populations of students, and which is

accredited by the State Board of Education or an

accrediting association approved by the Board pursuant

to Section 3-104 of Title 70 of the Oklahoma Statutes,

or

c. scholarships to an eligible special needs student of

up to Twenty-five Thousand Dollars ($25,000.00) to

cover all or part of the tuition, fees, and

Oklahoma Statutes - Title 68. Revenue and Taxation Page 885

transportation costs of a qualified school for

eligible special needs students which is accredited by

the State Board of Education or an accrediting

association approved by the Board pursuant to Section

3-104 of Title 70 of the Oklahoma Statutes;

4. "Low-income eligible student" means an eligible student or

eligible special needs student who qualifies for a free or reduced-

price lunch;

5. "Qualified school" means an early childhood, elementary, or

secondary private school in this state including schools which

provide special educational programs for three-year-olds or

prekindergarten educational programs for four-year-olds, which:

a. is accredited by the State Board of Education or an

accrediting association approved by the Board pursuant

to Section 3-104 of Title 70 of the Oklahoma Statutes,

b. is in compliance with all applicable health and safety

laws and codes,

c. has a stated policy against discrimination in

admissions on the basis of race, color, national

origin, or disability, and

d. ensures academic accountability to parents and

guardians of students through regular progress

reports;

6. "Qualified school for eligible special needs students" means

an early childhood, elementary, or secondary private school in a

county in this state including schools which provide special

educational programs for three-year-olds or prekindergarten

educational programs for four-year-olds;

7. "Scholarship-granting organization" means an organization

which:

a. is a nonprofit entity exempt from taxation pursuant to

the provisions of the Internal Revenue Code, 26

U.S.C., Section 501(c)(3),

b. distributes periodic scholarship payments as checks

made out to an eligible student's or eligible special

needs student's parent or guardian and mailed to the

qualified school where the student is enrolled,

c. spends no more than ten percent (10%) of its annual

revenue on expenditures other than educational

scholarships as defined in paragraph 3 of this

subsection,

d. spends each year a portion of its expenditures on

educational scholarships for low-income eligible

students, as defined in paragraph 4 of this
parent or guardian and mailed to the

qualified school where the student is enrolled,

c. spends no more than ten percent (10%) of its annual

revenue on expenditures other than educational

scholarships as defined in paragraph 3 of this

subsection,

d. spends each year a portion of its expenditures on

educational scholarships for low-income eligible

students, as defined in paragraph 4 of this

subsection, in an amount equal to or greater than the

percentage of low-income eligible students in the

state,

Oklahoma Statutes - Title 68. Revenue and Taxation Page 886

e. ensures that scholarships are portable during the

school year and can be used at any qualified school

that accepts the eligible student or at any qualified

school for special needs students that accepts the

eligible special needs student,

f. registers with the Oklahoma Tax Commission as a

scholarship-granting organization, and

g. has policies in place to:

(1) carry out criminal background checks on all

employees and board members to ensure that no

individual is involved with the organization who

might reasonably pose a risk to the appropriate

use of contributed funds, and

(2) maintain full and accurate records with respect

to the receipt of contributions and expenditures

of those contributions and supply such records

and any other documentation required by the Tax

Commission to demonstrate financial

accountability;

8. "Annual revenue" means the total amount or value of

contributions received by an organization from taxpayers awarded

credits during the organization's fiscal year and all amounts earned

from interest or investments;

9. "Public school" means public schools as defined in Section

1-106 of Title 70 of the Oklahoma Statutes;

10. "Eligible public school district" means any public school;

11. "Early childhood education program" means a special

educational program for eligible special needs students who are

three (3) years of age or a prekindergarten educational program

provided to children who are at least four (4) years of age but not

more than five (5) years of age on or before September 1;

12. "Innovative educational program" means an advanced academic

or academic improvement program that is not part of the regular

coursework of a public school but that enhances the curriculum or

academic program of the school or provides early childhood education

programs to students;

13. "Educational improvement grant" means a grant to an

eligible public school to implement an innovative educational

program for students including the ability for multiple public

schools to make an application and be awarded a grant to jointly

provide an innovative educational program;

14. "Educational improvement grant organization" means an

organization which:

a. is a nonprofit entity exempt from taxation pursuant to

the provisions of the Internal Revenue Code, 26

U.S.C., Section 501(c)(3), and

Oklahoma Statutes - Title 68. Revenue and Taxation Page 887

b. contributes at least ninety percent (90%) of its

annual receipts as grants to eligible schools for

innovative educational programs. For purposes of this

subparagraph, an educational improvement grant

organization contributes its annual cash receipts when

it expends or otherwise irrevocably encumbers those

funds for expenditure during the then current fiscal

year of the organization or during the next succeeding

fiscal year of the organization; and

15. "Eligible public school foundation" means a nonprofit

entity formed pursuant to the laws of this state and is exempt from

federal income taxation pursuant to either Section 501(c)(3) or

Section 509(a) of the Internal Revenue Code of 1986, as amended.

Each public school foundation must be approved by the local board of

education prior to accepting qualifying donations.

I. Total credits authorized by this section shall be allocated

as follows:

1. By January 10 of the year immediately following each
s exempt from

federal income taxation pursuant to either Section 501(c)(3) or

Section 509(a) of the Internal Revenue Code of 1986, as amended.

Each public school foundation must be approved by the local board of

education prior to accepting qualifying donations.

I. Total credits authorized by this section shall be allocated

as follows:

1. By January 10 of the year immediately following each

calendar year, a scholarship-granting organization, an educational

improvement grant organization, an eligible public school

foundation, or public school district which accepts contributions

pursuant to this section shall provide electronically to the Tax

Commission information on each contribution accepted during such

taxable year. At least once each taxable year, the entity making

the report shall notify each contributor that Oklahoma law provides

for a total, statewide cap on the amount of income tax credits

allowed annually;

2. a. If the Tax Commission determines the total combined

credits claimed for contributions made to scholarship-

granting organizations during the most recently

completed calendar year by all taxpayers are in excess

of the statewide cap amount provided in paragraphs 1

and 2 of subsection E of this section, the Tax

Commission shall first allocate any amount of credits

not claimed for contributions made to organizations

authorized pursuant to subsections C and D of this

section, then shall determine the percentage of the

contribution which establishes the proportionate share

of the credit which may be claimed by any taxpayer so

that the total maximum credits authorized by this

section are not exceeded.

b. If the Tax Commission determines the total combined

credits claimed for contributions made to

organizations authorized pursuant to subsections C and

D of this section during the most recently completed

calendar year by all taxpayers are in excess of the

statewide cap amount provided in paragraphs 3 and 4 of

Oklahoma Statutes - Title 68. Revenue and Taxation Page 888

subsection E of this section, the Tax Commission shall

first allocate any amount of credits not claimed for

contributions made to scholarship-granting

organizations, then shall determine the percentage of

the contribution which establishes the proportionate

share of the credit which may be claimed by any

taxpayer so that the maximum credits authorized by

this section are not exceeded.

c. If the Tax Commission determines the total combined

credits claimed for contributions made to

organizations authorized pursuant to subsections C and

D of this section during the most recently completed

calendar year by all taxpayers are in excess of the

per public school district cap pursuant to paragraph 4

of subsection E of this section, the Tax Commission

shall first allocate any amount of credits not claimed

for contributions made to other organizations

authorized pursuant to subsections C and D of this

section, then shall determine the percentage of the

contribution which establishes the proportionate share

of the credit which may be claimed by any taxpayer so

that the maximum credits authorized by this section

are not exceeded.

d. Beginning for tax year 2016, credits earned, but not

allowed due to the application of statewide caps

provided in subsection E of this section will be

considered suspended and authorized to be used in the

next immediate tax year and applied to the next year's

statewide cap; and

3. The Tax Commission shall publish the percentage of the

contribution which may be claimed as a credit by contributors for

the most recently completed calendar year on the Tax Commission

website no later than February 15 of each calendar year for

contributions made the previous year. Each organization authorized

pursuant to subsections B, C, and D of this section shall notify

contributors of that amount annually.

J. No tax credits authorized by this section shall be used to
laimed as a credit by contributors for

the most recently completed calendar year on the Tax Commission

website no later than February 15 of each calendar year for

contributions made the previous year. Each organization authorized

pursuant to subsections B, C, and D of this section shall notify

contributors of that amount annually.

J. No tax credits authorized by this section shall be used to

reduce the tax liability of the taxpayer to less than zero (0).

K. Any credits authorized by this section allowed but not used

in any tax year may be carried over, in order, to each of the three

(3) years following the year of qualification.

L. 1. In order to qualify under this section, each

organization authorized pursuant to subsections C and D of this

section shall submit an application with information to the Oklahoma

Tax Commission on a form prescribed by the Tax Commission that:

a. enables the Tax Commission to confirm that the

organization is a nonprofit entity exempt from

Oklahoma Statutes - Title 68. Revenue and Taxation Page 889

taxation pursuant to the provisions of the Internal

Revenue Code, 26 U.S.C., Section 501(c)(3) or Section

509(a), and

b. describes the proposed innovative educational program

or programs supported by the organization.

2. The Tax Commission shall review and approve or disapprove

the application, in consultation with the State Department of

Education.

3. In order to maintain eligibility under this section, an

organization authorized pursuant to subsections C and D of this

section shall annually report the following information to the Tax

Commission and publish on its website by September 1 of each year:

a. the name of the innovative educational program or

programs and the total amount of the grant or grants

made to those programs during the immediately

preceding school year,

b. a description of how each grant was utilized during

the immediately preceding school year and a

description of any demonstrated or expected innovative

educational improvements,

c. the names of the public school and school districts

where innovative educational programs that received

grants during the immediately preceding school year

were implemented,

d. where the organization collects information on a

county-by-county basis, and

e. the total number and total amount of grants made

during the immediately preceding school year for

innovative educational programs at public school by

each county in which the organization made grants.

4. The information required under paragraph 3 of this

subsection shall be submitted on a form provided by the Tax

Commission. No later than May 1 of each year, the Tax Commission

shall annually distribute sample forms together with the forms on

which the reports are required to be made to each approved

organization.

5. The Tax Commission shall not require any other information

be provided by an organization, except as expressly authorized in

this section.

M. 1. Beginning in 2023 for the 2022-2023 academic year, in

order to maintain registration, a scholarship-granting organization

shall annually report to the Tax Commission by September 1 of each

year the following information regarding the educational

scholarships funded by the organization in the previous academic

year:

a. the name and address of the scholarship-granting

organization,

Oklahoma Statutes - Title 68. Revenue and Taxation Page 890

b. the names of the qualifying schools that received

funding for educational scholarships, the total amount

of funds paid to each qualifying school, and the total

number of scholarship recipients enrolled in each

qualifying school,

c. the total number and total dollar amount of

contributions received during the previous academic

year,

d. the total number and total dollar amount of

educational scholarships awarded and funded during the

previous academic year,

e. the total number, total dollar amount, and percentage
h qualifying school, and the total

number of scholarship recipients enrolled in each

qualifying school,

c. the total number and total dollar amount of

contributions received during the previous academic

year,

d. the total number and total dollar amount of

educational scholarships awarded and funded during the

previous academic year,

e. the total number, total dollar amount, and percentage

of educational scholarships awarded and funded during

the previous academic year disaggregated into the

following categories:

(1) low-income eligible students,

(2) students who during the immediately preceding

school year attended or who were eligible by

virtue of the residence of the student to attend

a public school in the state which was identified

for school improvement by the State Board of

Education,

(3) eligible special needs students, and

(4) students who were first-time recipients of a

scholarship including information about the type

of public or private school the student was

enrolled in during the entire previous academic

year,

f. the percentage of annual revenue received by the

organization from donations which qualify for tax

credits pursuant to this section which was not

expended on scholarships,

g. disaggregated data reported under this subsection

shall be redacted if reporting would allow for

identification of specific children, and shall be

reported in accordance with the Student Data

Accessibility, Transparency and Accountability Act of

2013, division b of subparagraph 2 of subsection C of

Section 3-168 of Title 70 of the Oklahoma Statutes,

and the Family Educational Rights and Privacy Act of

1974 (FERPA), 20 U.S.C., Section 1232g, and

h. the percentage of the total amount of education

scholarship expenditures spent on low-income eligible

students.

2. The Tax Commission shall make available on its website:

Oklahoma Statutes - Title 68. Revenue and Taxation Page 891

a. the information submitted by the scholarship-granting

organization pursuant to paragraph 1 of this

subsection,

b. a list of participating schools, and

c. all other application information submitted to the Tax

Commission by a scholarship-granting organization,

except that information which would violate the

privacy of an individual.

3. A scholarship-granting organization shall annually submit

verification to the Tax Commission that the organization still meets

the criteria set forth in paragraph 7 of subsection H of this

section.

N. Contributions made pursuant to subsections B, C, and D of

this section shall not be used by the Legislature to reduce the

amount appropriated for the financial support of public schools.

O. In consultation with the State Department of Education, the

Tax Commission shall promulgate rules necessary to implement the

Oklahoma Equal Opportunity Education Scholarship Act. The rules

shall include procedures for the registration of a scholarship-

granting organization, an educational improvement grant

organization, a public school foundation, or public school district

for purposes of determining if the organization meets the

requirements of the Oklahoma Equal Opportunity Education Scholarship

Act or for the revocation of the registration of an organization, if

applicable, and for notice as required in subsection I of this

section.