Okla. Stat. tit. 70, § 70-3-104v1

A. The supervision of the public school system of Oklahoma

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

limitations otherwise provided by law, the State Board of Education

shall:

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

public school system of the state;

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

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

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

The secretary shall not be a member of the Board;

3. Submit to the Governor a departmental budget based upon

major functions of the State Department of Education as prepared by

the Superintendent of Public Instruction and supported by detailed

data on needs and proposed operations as partially determined by the

budgetary needs of local school districts filed with the State Board

of Education for the ensuing fiscal year. Appropriations therefor

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

follows:

a. State Aid to schools,

b. the supervision of all other functions of general and

special education including general control, free

textbooks, school lunch, Indian education, and all

other functions of the Board and an amount sufficient

to adequately staff and administer these services, and

c. the Board shall determine the details by which the

budget and the appropriations are administered.

Annually, the Board shall make preparations to

consolidate all of the functions of the Department in

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

administration and aid to schools. A maximum amount

Oklahoma Statutes - Title 70. Schools Page 139

for administration shall be designated as a part of

the total appropriation;

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

of the Legislature, prepare and deliver electronically to the

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

immediately preceding the regular session of the Legislature. The

report shall contain:

a. detailed statistics and other information concerning

enrollment, attendance, expenditures including State

Aid, and other pertinent data for all public schools

in this state,

b. reports from each and every division within the State

Department of Education as submitted by the

Superintendent of Public Instruction and any other

division, department, institution, or other agency

under the supervision of the Board,

c. recommendations for the improvement of the public

school system of the state,

d. a statement of the receipts and expenditures of the

State Board of Education for the past year, and

e. a statement of plans and recommendations for the

management and improvement of public schools and such

other information relating to the educational

interests of the state as may be deemed necessary and

desirable;

5. Provide for the formulation and adoption of curricula,

courses of study, and other instructional aids necessary for the

adequate instruction of pupils in the public schools;

6. Have authority in matters pertaining to the licensure and

certification of persons for instructional, supervisory, and

administrative positions and services in the public schools of the

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

shall formulate rules governing the issuance and revocation of

certificates for superintendents of schools, principals,

supervisors, librarians, clerical employees, school nurses, school

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

personnel performing instructional, administrative, and supervisory

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

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

collect reasonable fees for the issuance of such certificates:

a. the State Department of Education shall not issue a

certificate to and shall revoke the certificate of any
rs, and for other

personnel performing instructional, administrative, and supervisory

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

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

collect reasonable fees for the issuance of such certificates:

a. the State Department of Education shall not issue a

certificate to and shall revoke the certificate of any

person who has been convicted, whether upon a verdict

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

or received a suspended sentence or any probationary

term for a crime or an attempt to commit a crime

provided for in Section 843.5 of Title 21 of the

Oklahoma Statutes - Title 70. Schools Page 140

Oklahoma Statutes if the offense involved sexual abuse

or sexual exploitation as those terms are defined in

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

Section 741, 843.1, if the offense included sexual

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

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

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

Statutes or who enters this state and who has been

convicted, received a suspended sentence, or received

a deferred judgment for a crime or attempted crime

which, if committed or attempted in this state, would

be a crime or an attempt to commit a crime provided

for in any of the laws,

b. the State Department of Education shall not issue a

certificate to and shall revoke the certificate of any

person who has been convicted, whether upon a verdict

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

or received a suspended sentence or any probationary

term for knowingly and willfully failing to report

suspected abuse or neglect of a child in violation of

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

and

c. all funds collected by the State Department of

Education for the issuance of certificates to

instructional, supervisory, and administrative

personnel in the public schools of the state shall be

deposited in the “Teachers’ Certification Fund” in the

State Treasury and may be expended by the State Board

of Education to finance the activities of the State

Department of Education necessary to administer the

program, for consultative services, publication costs,

actual and necessary travel expenses as provided in

the State Travel Reimbursement Act incurred by persons

performing research work, and other expenses found

necessary by the State Board of Education for the

improvement of the preparation and certification of

teachers in this state. Provided, any unobligated

balance in the Teachers’ Certification Fund in excess

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

fiscal year shall be transferred to the General

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

State Board of Education shall have authority for

approval of teacher education programs. The State

Board of Education shall also have authority for the

administration of teacher residency and professional

development, subject to the provisions of the Oklahoma

Teacher Preparation Act;

Oklahoma Statutes - Title 70. Schools Page 141

7. Promulgate rules governing the classification, inspection,

supervision, and accrediting of all public nursery, kindergarten,

elementary and secondary schools, and on-site educational services

provided by public school districts or state-accredited private

schools in partial hospitalization programs, day treatment programs,

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

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

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

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

solely on the basis of average daily attendance.

Any school district which maintains an elementary school and

faces the necessity of relocating its school facilities because of
n 3-104.7 of this

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

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

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

solely on the basis of average daily attendance.

Any school district which maintains an elementary school and

faces the necessity of relocating its school facilities because of

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

will inundate the school facilities, shall be entitled to receive

probationary accreditation from the State Board of Education for a

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

district, otherwise qualified, shall be entitled to receive

probationary accreditation from the State Board of Education for a

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

daily attendance. The Head Start and public nurseries or

kindergartens operated from community action agency funds shall not

be subjected to the accrediting rules of the State Board of

Education. Neither will the State Board of Education make rules

affecting the operation of the public nurseries and kindergartens

operated from federal funds secured through community action

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

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

kindergartens operated under federal regulations may make

application for accrediting from the State Board of Education but

will be accredited only if application for the approval of the

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

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

been given to the proper authorities thereof and an opportunity

given to correct the conditions which otherwise would be the cause

of such reduction.

Private and parochial schools may be accredited and classified

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

is approved by the State Board of Education, by procedures

established by the State Board of Education to accept accreditation

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

Board of Education for such accrediting;

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

discretion, the provisions of any Act of Congress appropriating or

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

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

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

Oklahoma Statutes - Title 70. Schools Page 142

provide for the proper distribution of such funds in accordance with

the state and federal laws;

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

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

authority of the United States Government under any law of the

United States which may require or recommend cooperation with any

state board having charge of the administration of public schools

unless otherwise provided by law;

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

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

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

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

hereby authorized and directed to accept the terms and provisions of

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

Constitution of Oklahoma or the Constitution and Statutes of the

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

state the benefits of the school lunch program established and

referred to in the act;

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

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

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

hereby authorized to employ or appoint and fix the compensation of
ssary or appropriate to secure for this

state the benefits of the school lunch program established and

referred to in the act;

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

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

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

hereby authorized to employ or appoint and fix the compensation of

such additional officers or employees and to incur such expenses as

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

administer the distribution of any state funds appropriated by the

Legislature required as federal matching to reimburse on children’s

meals;

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

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

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

control of the Board;

13. Have authority to require persons having administrative

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

special reports regarding the activities of the schools in the

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

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

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

control, to withhold official recognition including accrediting,

until such required reports have been filed and accepted in the

office of the Board and to revoke the certificates of persons

failing or refusing to make such reports;

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

State Board of Education may sponsor workshops for personnel and

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

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

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

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

Oklahoma Statutes - Title 70. Schools Page 143

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

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

participant in any such workshop sponsored by the State Board of

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

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

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

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

administered in accordance with Section 155 of Title 62 of the

Oklahoma Statutes;

15. Prescribe all forms for school district and county officers

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

Board of Education shall also prescribe a list of appropriation

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

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

Auditor and Inspector in prescribing all budgeting, accounting, and

reporting forms for school funds to conform to such lists;

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

and personnel accounting, records, and reports;

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

school children and school personnel while under the jurisdiction of

school authorities;

18. Provide for the supervision of the transportation of

pupils;

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

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

transportation equipment;

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

necessary to the administration of the public school system in

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

thereto, those duties not specifically mentioned herein if not

delegated by law to any other agency or official;

21. Administer the State Public Common School Building

Equalization Fund established by Section 32 of Article X of the

Oklahoma Constitution. Any monies as may be appropriated or
ion of the public school system in

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

thereto, those duties not specifically mentioned herein if not

delegated by law to any other agency or official;

21. Administer the State Public Common School Building

Equalization Fund established by Section 32 of Article X of the

Oklahoma Constitution. Any monies as may be appropriated or

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

other funds identified by the State Department of Education, which

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

government for building purposes, the proceeds of all property that

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

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

permanent school funds, shall be deposited in the State Public

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

aid school districts and charter schools in acquiring buildings,

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

Oklahoma Constitution. It is hereby declared that redbud school

grants disbursed from the State Public Common School Building

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

Oklahoma Statutes - Title 70. Schools Page 144

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

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

Article X of the Oklahoma Constitution shall mean school districts

and eligible charter schools as defined in subsection B of this

section. The State Board of Education shall disburse redbud school

grants annually from the State Public Common School Building

Equalization Fund to public schools and eligible charter schools

pursuant to subsection B of this section. The Board shall

promulgate rules for the implementation of disbursing redbud school

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

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

administering, the fund pursuant to the provisions of this

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

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

personnel deemed necessary to carry out the provisions of this

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

monies appropriated to the State Board of Education for the

operation of the State Department of Education. From monies

apportioned to the fund, the State Department of Education may

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

purposes of administering the fund;

22. Recognize that the Director of the Department of

Corrections shall be the administrative authority for the schools

which are maintained in the state reformatories and shall appoint

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

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

and accreditation of public schools shall be applicable to such

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

State Board of Education; and

23. Have authority to administer a revolving fund which is

hereby created in the State Treasury, to be designated the

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

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

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

furnishing or financing statistical services and for any other

purpose as designated by the Legislature. The State Board of

Education is hereby authorized to enter into agreements with school

districts, municipalities, the United States Government,

foundations, and other agencies or individuals for services,

programs, or research projects. The Statistical Services Revolving

Fund shall be administered in accordance with Section 155 of Title

62 of the Oklahoma Statutes.
gnated by the Legislature. The State Board of

Education is hereby authorized to enter into agreements with school

districts, municipalities, the United States Government,

foundations, and other agencies or individuals for services,

programs, or research projects. The Statistical Services Revolving

Fund shall be administered in accordance with Section 155 of Title

62 of the Oklahoma Statutes.

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

State Department of Education as follows:

a. divide the county four-mill levy revenue by four to

determine the nonchargeable county four-mill revenue

for each school district,

Oklahoma Statutes - Title 70. Schools Page 145

b. determine the amount of new revenue generated by the

five-mill building fund levy as authorized by Section

10 of Article X of the Oklahoma Constitution for each

school district as reported in the Oklahoma Cost

Accounting System for the preceding fiscal year,

c. add the amounts calculated in subparagraphs a and b of

this paragraph to determine the nonchargeable millage

for each school district,

d. add the nonchargeable millage in each district

statewide as calculated in subparagraph c of this

paragraph and divide the total by the average daily

membership in public schools statewide based on the

preceding school year’s average daily membership,

according to the provisions of Section 18-107 of this

title. This amount is the statewide nonchargeable

millage per student, known as the baseline local

funding per student,

e. all eligible charter schools shall be included in

these calculations as unique school districts,

separate from the school district that may sponsor the

eligible charter school, and the total number of

districts shall be used to determine the statewide

average baseline local funding per student,

f. for each school district or eligible charter school

which is below the baseline local funding per student,

the Department shall subtract the baseline local

funding per student from the average nonchargeable

millage per student of the school district or eligible

charter school to determine the nonchargeable millage

per student shortfall for each district, and

g. the nonchargeable millage per student shortfall for a

school district or eligible charter school shall be

multiplied by the average daily membership of the

preceding school year of the eligible school district

or eligible charter school. This amount shall be the

redbud school grant amount for the school district or

eligible charter school.

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

shall be expended from the funds apportioned pursuant to Section 426

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

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

appropriated pursuant to Section 426 of Title 63 of the Oklahoma

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

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

Oklahoma Statutes as determined by the Oklahoma Tax Commission. For

fiscal year 2023 and each subsequent fiscal year, if such

appropriated funds are insufficient to fund the redbud school

Oklahoma Statutes - Title 70. Schools Page 146

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

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

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

the Department shall promulgate rules to permit a decrease to the

baseline local funding per student to the highest amount allowed

with the funding available.

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

mean a charter school which is sponsored pursuant to the provisions

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

charter school shall not include a statewide virtual charter school

sponsored by the Statewide Charter School Board but shall only
per student to the highest amount allowed

with the funding available.

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

mean a charter school which is sponsored pursuant to the provisions

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

charter school shall not include a statewide virtual charter school

sponsored by the Statewide Charter School Board but shall only

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

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

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

delivery.

4. The Department shall develop a program to acknowledge the

redbud school grant recipients and shall include elected members of

the House of Representatives and Senate who represent the school

districts and eligible charter schools.

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

listing annual redbud school grant recipients, amount awarded to

each recipient, and other pertinent information about the Redbud

School Funding Act.

6. The Department shall provide the chair of the House

Appropriations and Budget Committee and the chair of the Senate

Appropriations Committee no later than February 1 of each year with

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

prescribed by this section.