Okla. Stat. tit. 70, § 70-5-117

A. The board of education of each school district shall have

power to:

1. Elect its own officers; provided that the chair of the board

authorized in Section 5-107B of this title shall be elected by the

electors of the school district;

2. Make rules, not inconsistent with the law or rules of the

State Board of Education, governing the board and the school system

of the district, including converting all or part of a traditional

public school to a conversion school;

3. Maintain and operate a complete public school system of such

character as the board of education shall deem best suited to the

needs of the school district;

4. Designate the schools to be attended by the children of the

district;

5. Provide and operate, when deemed advisable, cafeterias or

other eating accommodations, thrift banks or other facilities for

the teaching and practice of thrift and economy, bookstores, print

shops, and vocational and other shops;

6. Provide informational material concerning school bond

elections and millage elections, including but not limited to all

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pertinent financial information relative to the bond issue, a

statement of revenue sources necessary to retire proposed bonds, a

statement of current bonded indebtedness of the school district, and

a statement of proposed use of funds to be generated by the proposed

bond issue. The informational material shall not contain the words

“vote yes” or “vote no” or any similar words or statement any place

on such informational material;

7. Purchase, construct or rent, and operate and maintain,

classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation

places and playgrounds, teacherages, school bus garages,

laboratories, administration buildings, and other schoolhouses and

school buildings, and acquire sites and equipment for the operation

of public schools or conversion schools;

8. a. Insure the school district or its employees against

any loss, damage or liability as defined by Sections

702 through 708 of Title 36 of the Oklahoma Statutes,

or other forms of insurance provided for in Title 36

of the Oklahoma Statutes.

b. Subject to the restrictions of liability in the

Governmental Tort Claims Act:

(1) insure the school district against all or any

part of any liability it may incur for death,

injury or disability of any person, or for damage

to property, either real or personal,

(2) insure any employee of the school district

against all or any part of the employee’s

liability for injury or damage resulting from an

act or omission in the scope of employment, or

(3) insure against the expense of defending a claim

against the school district or its employee,

whether or not liability exists on such claim.

c. As used in this subsection, “employee” means any

person who has acted in behalf of a school district,

whether that person is acting on a permanent or

temporary basis with or without being compensated or

on a full-time or part-time basis. Employee also

includes all elected or appointed officers, members of

governing bodies of a school district, and persons

appointed, and other persons designated by a school

district to act in its behalf.

d. The cost or premium of any such insurance is a proper

expenditure of the school district.

e. Any insurance authorized by law to be purchased,

obtained or provided by a school district may be

provided by:

(1) self-insurance, which may be, but is not required

to be, funded by appropriations to establish or

Oklahoma Statutes - Title 70. Schools Page 264

maintain reserves for self-insurance purposes.

Any self-insurance reserve fund shall be

nonfiscal and shall not be considered in

computing any levy when the school district makes

its annual estimate for needed appropriations,

(2) insurance in any insurer authorized to transact

insurance in this state,

(3) insurance secured in accordance with any other

method provided by law, or
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maintain reserves for self-insurance purposes.

Any self-insurance reserve fund shall be

nonfiscal and shall not be considered in

computing any levy when the school district makes

its annual estimate for needed appropriations,

(2) insurance in any insurer authorized to transact

insurance in this state,

(3) insurance secured in accordance with any other

method provided by law, or

(4) any combination of insurance authorized by this

section.

f. Two or more school districts or public agencies, by

interlocal agreement made pursuant to the Interlocal

Cooperation Act, may provide insurance for any purpose

by any one or more of the methods specified in this

section. The pooling of self-insured reserves, claims

or losses among governments as authorized in this

section shall not be construed to be transacting

insurance nor otherwise subject to the provisions of

the laws of this state regulating insurance or

insurance companies, except as to the provisions of

Section 607.1 of Title 36 of the Oklahoma Statutes.

Two or more school districts may also be insured under

a master policy or contract of insurance. Premium

costs may be set individually for each school district

or apportioned among participating school districts as

provided by the master policy or contract;

9. Acquire property by condemnation proceedings in the same

manner as land is condemned for railroad purposes. School district

funds may be used to erect buildings on leased land on which other

buildings have been erected prior to April 3, 1969, or on land which

is leased from a governmental entity;

10. Lease real or personal property to the state or any

political subdivision thereof or a not-for-profit entity operating

pursuant to Section 868 of Title 18 of the Oklahoma Statutes for

nominal cash consideration for so long as the use of the property by

the lessee substantially benefits, in whole or in part, the same

public served by the school district;

11. a. Dispose of personal or real property no longer needed

by the district by sale, exchange, lease, lease-

purchase, sale and partial lease back, or otherwise.

Real property shall be conveyed pursuant to a public

sale, public bid, or private sale; provided however,

unless otherwise prohibited by law, the board of

education of a consolidated or annexed school district

or any other school district may convey real property

to a local political subdivision or to an educational

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institution within The Oklahoma State System of Higher

Education or to a housing authority formed pursuant to

the provisions of Section 1057 of Title 63 of the

Oklahoma Statutes without consideration. Prior to the

sale of any real property, the board of education

shall have the real property appraised. The appraisal

shall be confidential until the real property is sold.

When the real property is sold, the board of education

shall make the appraisal available for public

inspection. Prior to the conveyance of any real

property by private sale, the board of education shall

have offered the real property for sale by public sale

or public bid. Any conveyance of real property by

private sale to a nonprofit organization, association,

or corporation to be used for public purposes, unless

for exchange, shall contain a reversionary clause

which returns the real property to the board of

education upon the cessation of the use without profit

or for public purposes by the purchaser or the assigns

of the purchaser,

b. If a board of education makes the decision to dispose

of real or personal property that is leased at the

time the decision is made, whether such disposal is by

public sale, public bid or private sale, the lessee

shall have a right of first refusal to purchase the

property on the following terms and conditions:
ofit

or for public purposes by the purchaser or the assigns

of the purchaser,

b. If a board of education makes the decision to dispose

of real or personal property that is leased at the

time the decision is made, whether such disposal is by

public sale, public bid or private sale, the lessee

shall have a right of first refusal to purchase the

property on the following terms and conditions:

(1) if a board of education receives a bid or offer

in a public sale, public bid or private sale for

any real or personal property that it desires to

accept, then it shall provide notice to the

lessee of the property. The notice shall include

the identity of the prospective purchaser of the

property, the terms and conditions of the

proposed sale and the purchase price to be paid

by the prospective purchaser, and

(2) the lessee shall have thirty (30) days after

receipt of the notice to inform the board of

education that it elects to purchase the property

on the same terms and conditions set forth in the

notice, in which event the board of education

shall convey the property to the lessee on all

the same terms and conditions set forth in the

notice; provided, however, that if any portion of

the consideration included in the purchase price

set forth in the notice is not in cash, then the

lessee shall be entitled to pay the fair market

value in cash of such noncash consideration;

Oklahoma Statutes - Title 70. Schools Page 266

12. Purchase necessary property, equipment, furniture and

supplies necessary to maintain and operate an adequate school

system;

13. Incur all expenses, within the limitations provided for by

law, necessary to perform all powers granted by the provisions of

this section;

14. Contract with and fix the duties and compensation of

physicians, dentists, optometrists, nurses, attorneys,

superintendents, principals, teachers, bus drivers, janitors and

other necessary employees of the district;

15. Establish a written policy for reimbursement of necessary

travel expenses of employees and members of the board. The policy

may include in-district travel from the site of employment

assignment which is necessary in the performance of employment

duties. The written policy shall specify procedures, contain

documentation requirements, and may include payment of meal expenses

during authorized travel on a per diem allowance basis rather than

itemized documentation;

16. Pay necessary travel expenses and other related expenses of

prospective employees for sponsored visits to the school district

pursuant to a written policy specifying procedures containing

documentation requirements equal to or greater than the requirements

specified by law for state employees in the State Travel

Reimbursement Act;

17. Provide for employees’ leaves of absence without pay;

18. Exercise sole control over all the schools and property of

the district, subject to other provisions of the Oklahoma School

Code;

19. Allow district-owned school buses to be used for

transportation of students from other districts or educational

institutions while within the district on educational tours. This

shall not restrict the authority of the board to authorize any other

use of such buses which may now be permitted by law or rule of the

State Board of Education;

20. Enter into contractual agreements with the board of

trustees of a multicounty library system, as defined in Section 4-

103 of Title 65 of the Oklahoma Statutes, a city-county library

commission, as defined in Section 152 of Title 65 of the Oklahoma

Statutes, or a rural single county library system, as defined in

Section 1-104 of Title 65 of the Oklahoma Statutes, on such terms as

may be mutually agreed, except no district board of education may

enter into any agreement under which the library services for the

school would be provided at any site other than the school site or

which would result in library services that do not meet
ahoma

Statutes, or a rural single county library system, as defined in

Section 1-104 of Title 65 of the Oklahoma Statutes, on such terms as

may be mutually agreed, except no district board of education may

enter into any agreement under which the library services for the

school would be provided at any site other than the school site or

which would result in library services that do not meet

accreditation standards as required by law or rule;

21. Perform all functions necessary to the administration of a

school district in Oklahoma as specified in the Oklahoma School

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Code, and in addition thereto, those powers necessarily implied but

not delegated by law to any other agency or official;

22. Prepare and distribute at the expense of the school

district any and all material which has the purpose of informing the

public about district activities;

23. Solicit and accept any gift, grant, or donation of money or

property for the use of the school district. Any gift, grant, or

donation of money may be deposited in the general fund or building

fund of the school district; and

24. Pay necessary meal and lodging expenses of school district

students and sponsors involved in authorized school-sponsored

cocurricular activities. The board of education shall establish a

written policy for reimbursement of necessary meal and lodging

expenses of school district students and sponsors. The written

policy shall specify procedures, contain documentation requirements,

and designate the funds from which reimbursement may be made.

Reimbursement may be made from the General Fund.

B. The board of education of any school district may rent real

and personal property, if such items are necessary for the operation

of the school, and pay the rental charges for the usage during any

fiscal year, or portion thereof, out of appropriations made and

approved for current expense purposes during the fiscal year. Any

rental contract extending beyond June 30 of the fiscal year shall be

void unless it contains provisions for mutual ratification of

renewal pursuant to the conditions provided for in this subsection.

It is the intent of this subsection to authorize boards of education

to enter into lease contracts but not to incur any obligation

against the school district in excess of the income and revenue

provided for such purposes for the fiscal year in which the lease

contract is operative. Any lease or lease-purchase agreement

entered into by any board of education shall state the purchase

price of real or personal property so leased. The lease or lease-

purchase shall not be extended so as to cause payment of more than

the original purchase price of the real or personal property, plus

interest not to exceed the legal rate. When the purchase price plus

interest has been paid, the property shall belong to the lessee and

the lessor shall deliver a deed or bill of sale to the property to

the lessee. When any real or personal property has been leased or

rented during any fiscal year pursuant to the provisions of any

contract which permits continuance of the rental for the remainder

of the fiscal year, the renting or leasing of the property shall be

continued for the remainder of the fiscal year unless the board of

education renting or leasing the same certifies by proper resolution

entered in the minutes of the board of education that the

continuance of the rental is unnecessary and contrary to the public

interest. Any lease-purchase agreement entered into shall include

the right of a school district to acquire buildings, equipment or

Oklahoma Statutes - Title 70. Schools Page 268

other facilities or discrete components thereof or improve school

sites through a lease-purchase agreement. A school district may use

proceeds derived from the sale of bonds as authorized by Section 26

of Article X of the Oklahoma Constitution to make lease-purchase
shall include

the right of a school district to acquire buildings, equipment or

Oklahoma Statutes - Title 70. Schools Page 268

other facilities or discrete components thereof or improve school

sites through a lease-purchase agreement. A school district may use

proceeds derived from the sale of bonds as authorized by Section 26

of Article X of the Oklahoma Constitution to make lease-purchase

payments, including interest, under a lease-purchase agreement. For

purposes of this subsection, the term “acquired” as used in Section

26 of Article X of the Oklahoma Constitution shall mean the

possession, control, or power to dispose of personal or real

property.

C. The boards of education of two or more school districts may

enter into cooperative agreements and maintain joint programs

including, but not limited to, courses of instruction for

handicapped children, courses of instruction in music and other

subjects, practical instruction for trades and vocations, practical

instruction in driver training courses, and health programs

including visual care by persons legally licensed for such purpose,

without favoritism as to either profession. The revenues necessary

to operate a joint program approved in cooperative agreements,

whether from federal, state or local sources, including the

individual contributions of participating school districts, shall be

deposited into a fund separate from all other appropriated funds.

The beginning fund balance each year, combined with all actual

revenues, including collected and estimated revenues, must be

appropriated before being expended. Purchase orders shall be issued

against available appropriations and, once goods or services have

been received, either payable or nonpayable warrants shall be issued

in payment of all purchase orders. The fund shall be reported as a

separate appropriated fund in all the financial reports of the

school district which is chosen by the other school districts to

keep the accounting records of the joint program.

D. The boards of education of two or more school districts may

enter into a mutual contract or separate contracts with a

superintendent, administrator, or teacher or with a person to

provide support services, to serve as superintendent, administrator,

or teacher, as appropriately qualified, or to provide support

services, for each contracting district upon such terms and

conditions as the parties may agree. Nothing in this section shall

be construed to authorize or require annexation or consolidation of

any school districts or the closing of any school site except

pursuant to law as set forth in Section 7-101 et seq. of this title.

E. Any school district may operate or maintain a school or

schools on any military reservation which is within the boundaries

of the school district or which is adjacent to the school district,

and provide the instruction in the school or schools to children of

personnel on the military reservation and, in doing so, shall

conform to all federal laws and requirements.

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F. The board of education of each school district shall adopt

and maintain on file in the office of the superintendent of schools

appropriate personnel policy and sick leave guide. The guide shall

be made available to the public.

G. The board of education of any school district with an

average daily membership of thirty thousand (30,000) or more and all

or part of which school district is located in a county having more

than five hundred thousand (500,000) population according to the

latest Federal Decennial Census may contract with a public or

private nonsectarian entity for that entity to provide educational

and administrative services for the school district. The

educational services provided by a contracting entity may include

but are not limited to the delivery of instructional service in core
ing more

than five hundred thousand (500,000) population according to the

latest Federal Decennial Census may contract with a public or

private nonsectarian entity for that entity to provide educational

and administrative services for the school district. The

educational services provided by a contracting entity may include

but are not limited to the delivery of instructional service in core

and noncore academic subjects to the students enrolled in the school

district at one or more school sites or parts of sites within the

district pursuant to the terms of an educational services contract.

All educational service providers and their employees and

representatives and all educational and administrative services

provided under an educational services contract shall be exempt from

all statutes and rules relating to schools, boards of education and

school districts to the same extent that a charter school is exempt

under the Oklahoma Charter Schools Act. For all purposes including

but not limited to attendance, funding from all sources and

accountability, all students who are provided services by a

contracting entity pursuant to an educational services contract

shall at all times be and remain students of the school district.