{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-3-104v1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-3-104v1","heading":"State Board of Education - Powers and duties","body":"A. The supervision of the public school system of Oklahoma\n\nshall be vested in the State Board of Education and, subject to\n\nlimitations otherwise provided by law, the State Board of Education\n\nshall:\n\n1. Adopt policies and make rules for the operation of the\n\npublic school system of the state;\n\n2. Appoint, prescribe the duties, and fix the compensation of a\n\nsecretary, an attorney, and all other personnel necessary for the\n\nproper performance of the functions of the State Board of Education.\n\nThe secretary shall not be a member of the Board;\n\n3. Submit to the Governor a departmental budget based upon\n\nmajor functions of the State Department of Education as prepared by\n\nthe Superintendent of Public Instruction and supported by detailed\n\ndata on needs and proposed operations as partially determined by the\n\nbudgetary needs of local school districts filed with the State Board\n\nof Education for the ensuing fiscal year. Appropriations therefor\n\nshall be made in lump-sum form for each major item in the budget as\n\nfollows:\n\na. State Aid to schools,\n\nb. the supervision of all other functions of general and\n\nspecial education including general control, free\n\ntextbooks, school lunch, Indian education, and all\n\nother functions of the Board and an amount sufficient\n\nto adequately staff and administer these services, and\n\nc. the Board shall determine the details by which the\n\nbudget and the appropriations are administered.\n\nAnnually, the Board shall make preparations to\n\nconsolidate all of the functions of the Department in\n\nsuch a way that the budget can be based on two items,\n\nadministration and aid to schools. A maximum amount\n\nfor administration shall be designated as a part of\n\nthe total appropriation;\n\n4. On the first day of December preceding each regular session\n\nof the Legislature, prepare and deliver electronically to the\n\nGovernor and the Legislature a report for the year ending June 30\n\nimmediately preceding the regular session of the Legislature. The\n\nreport shall contain:\n\na. detailed statistics and other information concerning\n\nenrollment, attendance, expenditures including State\n\nAid, and other pertinent data for all public schools\n\nin this state,\n\nb. reports from each and every division within the State\n\nDepartment of Education as submitted by the\n\nSuperintendent of Public Instruction and any other\n\ndivision, department, institution, or other agency\n\nunder the supervision of the Board,\n\nc. recommendations for the improvement of the public\n\nschool system of the state,\n\nd. a statement of the receipts and expenditures of the\n\nState Board of Education for the past year, and\n\ne. a statement of plans and recommendations for the\n\nmanagement and improvement of public schools and such\n\nother information relating to the educational\n\ninterests of the state as may be deemed necessary and\n\ndesirable;\n\n5. Provide for the formulation and adoption of curricula,\n\ncourses of study, and other instructional aids necessary for the\n\nadequate instruction of pupils in the public schools;\n\n6. Have authority in matters pertaining to the licensure and\n\ncertification of persons for instructional, supervisory, and\n\nadministrative positions and services in the public schools of the\n\nstate subject to the provisions of Section 6-184 of this title, and\n\nshall formulate rules governing the issuance and revocation of\n\ncertificates for superintendents of schools, principals,\n\nsupervisors, librarians, clerical employees, school nurses, school\n\nbus drivers, visiting teachers, classroom teachers, and for other\n\npersonnel performing instructional, administrative, and supervisory\n\nservices, but not including members of boards of education and other\n\nemployees who do not work directly with pupils, and may charge and\n\ncollect reasonable fees for the issuance of such certificates:\n\na. the State Department of Education shall not issue a\n\ncertificate to and shall revoke the certificate of any\nrs, and for other\n\npersonnel performing instructional, administrative, and supervisory\n\nservices, but not including members of boards of education and other\n\nemployees who do not work directly with pupils, and may charge and\n\ncollect reasonable fees for the issuance of such certificates:\n\na. the State Department of Education shall not issue a\n\ncertificate to and shall revoke the certificate of any\n\nperson who has been convicted, whether upon a verdict\n\nor plea of guilty or upon a plea of nolo contendere,\n\nor received a suspended sentence or any probationary\n\nterm for a crime or an attempt to commit a crime\n\nprovided for in Section 843.5 of Title 21 of the\n\nOklahoma Statutes if the offense involved sexual abuse\n\nor sexual exploitation as those terms are defined in\n\nSection 1-1-105 of Title 10A of the Oklahoma Statutes,\n\nSection 741, 843.1, if the offense included sexual\n\nabuse or sexual exploitation, 865 et seq., 885, 888,\n\n891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,\n\n1111.1, 1114, or 1123 of Title 21 of the Oklahoma\n\nStatutes or who enters this state and who has been\n\nconvicted, received a suspended sentence, or received\n\na deferred judgment for a crime or attempted crime\n\nwhich, if committed or attempted in this state, would\n\nbe a crime or an attempt to commit a crime provided\n\nfor in any of the laws,\n\nb. the State Department of Education shall not issue a\n\ncertificate to and shall revoke the certificate of any\n\nperson who has been convicted, whether upon a verdict\n\nor plea of guilty or upon a plea of nolo contendere,\n\nor received a suspended sentence or any probationary\n\nterm for knowingly and willfully failing to report\n\nsuspected abuse or neglect of a child in violation of\n\nSection 1-2-101 of Title 10A of the Oklahoma Statutes,\n\nand\n\nc. all funds collected by the State Department of\n\nEducation for the issuance of certificates to\n\ninstructional, supervisory, and administrative\n\npersonnel in the public schools of the state shall be\n\ndeposited in the “Teachers’ Certification Fund” in the\n\nState Treasury and may be expended by the State Board\n\nof Education to finance the activities of the State\n\nDepartment of Education necessary to administer the\n\nprogram, for consultative services, publication costs,\n\nactual and necessary travel expenses as provided in\n\nthe State Travel Reimbursement Act incurred by persons\n\nperforming research work, and other expenses found\n\nnecessary by the State Board of Education for the\n\nimprovement of the preparation and certification of\n\nteachers in this state. Provided, any unobligated\n\nbalance in the Teachers’ Certification Fund in excess\n\nof Ten Thousand Dollars ($10,000.00) on June 30 of any\n\nfiscal year shall be transferred to the General\n\nRevenue Fund of this state. Until July 1, 1997, the\n\nState Board of Education shall have authority for\n\napproval of teacher education programs. The State\n\nBoard of Education shall also have authority for the\n\nadministration of teacher residency and professional\n\ndevelopment, subject to the provisions of the Oklahoma\n\nTeacher Preparation Act;\n\n7. Promulgate rules governing the classification, inspection,\n\nsupervision, and accrediting of all public nursery, kindergarten,\n\nelementary and secondary schools, and on-site educational services\n\nprovided by public school districts or state-accredited private\n\nschools in partial hospitalization programs, day treatment programs,\n\nand day hospital programs as defined in Section 3-104.7 of this\n\ntitle and Section 175.20 of Title 10 of the Oklahoma Statutes for\n\npersons between the ages of three (3) and twenty-one (21) years of\n\nage in the state. However, no school shall be denied accreditation\n\nsolely on the basis of average daily attendance.\n\nAny school district which maintains an elementary school and\n\nfaces the necessity of relocating its school facilities because of\nn 3-104.7 of this\n\ntitle and Section 175.20 of Title 10 of the Oklahoma Statutes for\n\npersons between the ages of three (3) and twenty-one (21) years of\n\nage in the state. However, no school shall be denied accreditation\n\nsolely on the basis of average daily attendance.\n\nAny school district which maintains an elementary school and\n\nfaces the necessity of relocating its school facilities because of\n\nconstruction of a lake, either by state or federal authority, which\n\nwill inundate the school facilities, shall be entitled to receive\n\nprobationary accreditation from the State Board of Education for a\n\nperiod of five (5) years after June 12, 1975, and any school\n\ndistrict, otherwise qualified, shall be entitled to receive\n\nprobationary accreditation from the State Board of Education for a\n\nperiod of two (2) consecutive years to attain the minimum average\n\ndaily attendance. The Head Start and public nurseries or\n\nkindergartens operated from community action agency funds shall not\n\nbe subjected to the accrediting rules of the State Board of\n\nEducation. Neither will the State Board of Education make rules\n\naffecting the operation of the public nurseries and kindergartens\n\noperated from federal funds secured through community action\n\nagencies even though they may be operating in the public schools of\n\nthe state. However, any of the Head Start or public nurseries or\n\nkindergartens operated under federal regulations may make\n\napplication for accrediting from the State Board of Education but\n\nwill be accredited only if application for the approval of the\n\nprograms is made. The status of no school district shall be changed\n\nwhich will reduce it to a lower classification until due notice has\n\nbeen given to the proper authorities thereof and an opportunity\n\ngiven to correct the conditions which otherwise would be the cause\n\nof such reduction.\n\nPrivate and parochial schools may be accredited and classified\n\nin like manner as public schools or, if an accrediting association\n\nis approved by the State Board of Education, by procedures\n\nestablished by the State Board of Education to accept accreditation\n\nby such accrediting association, if application is made to the State\n\nBoard of Education for such accrediting;\n\n8. Be the legal agent of this state to accept, in its\n\ndiscretion, the provisions of any Act of Congress appropriating or\n\napportioning funds which are now, or may hereafter be, provided for\n\nuse in connection with any phase of the system of public education\n\nin Oklahoma. It shall prescribe such rules as it finds necessary to\n\nprovide for the proper distribution of such funds in accordance with\n\nthe state and federal laws;\n\n9. Be and is specifically hereby designated as the agency of\n\nthis state to cooperate and deal with any officer, board, or\n\nauthority of the United States Government under any law of the\n\nUnited States which may require or recommend cooperation with any\n\nstate board having charge of the administration of public schools\n\nunless otherwise provided by law;\n\n10. Be and is hereby designated as the state educational agency\n\nreferred to in Public Law 396 of the 79th Congress of the United\n\nStates, as amended, which may be known as the Richard B. Russell\n\nNational School Lunch Act, and the State Board of Education is\n\nhereby authorized and directed to accept the terms and provisions of\n\nthe act and to enter into such agreements, not in conflict with the\n\nConstitution of Oklahoma or the Constitution and Statutes of the\n\nUnited States, as may be necessary or appropriate to secure for this\n\nstate the benefits of the school lunch program established and\n\nreferred to in the act;\n\n11. Have authority to secure and administer the benefits of the\n\nRichard B. Russell National School Lunch Act, Public Law 396 of the\n\n79th Congress of the United States, as amended, in this state and is\n\nhereby authorized to employ or appoint and fix the compensation of\nssary or appropriate to secure for this\n\nstate the benefits of the school lunch program established and\n\nreferred to in the act;\n\n11. Have authority to secure and administer the benefits of the\n\nRichard B. Russell National School Lunch Act, Public Law 396 of the\n\n79th Congress of the United States, as amended, in this state and is\n\nhereby authorized to employ or appoint and fix the compensation of\n\nsuch additional officers or employees and to incur such expenses as\n\nmay be necessary for the accomplishment of the above purpose, and\n\nadminister the distribution of any state funds appropriated by the\n\nLegislature required as federal matching to reimburse on children’s\n\nmeals;\n\n12. Accept and provide for the administration of any land,\n\nmoney, buildings, gifts, donations, or other things of value which\n\nmay be offered or bequeathed to the schools under the supervision or\n\ncontrol of the Board;\n\n13. Have authority to require persons having administrative\n\ncontrol of all school districts in Oklahoma to make such regular and\n\nspecial reports regarding the activities of the schools in the\n\ndistricts as the Board may deem needful for the proper exercise of\n\nits duties and functions. Such authority shall include the right of\n\nthe State Board of Education to withhold all state funds under its\n\ncontrol, to withhold official recognition including accrediting,\n\nuntil such required reports have been filed and accepted in the\n\noffice of the Board and to revoke the certificates of persons\n\nfailing or refusing to make such reports;\n\n14. Have general supervision of the school lunch program. The\n\nState Board of Education may sponsor workshops for personnel and\n\nparticipants in the school lunch program and may develop, print, and\n\ndistribute free of charge or sell any materials, books, and\n\nbulletins to be used in the school lunch programs. There is hereby\n\ncreated in the State Treasury a revolving fund for the Board, to be\n\ndesignated the “School Lunch Workshop Revolving Fund”. The fund\n\nshall consist of all fees derived from or on behalf of any\n\nparticipant in any such workshop sponsored by the State Board of\n\nEducation, or from the sale of any materials, books, and bulletins,\n\nand funds shall be disbursed for expenses of such workshops and for\n\ndeveloping, printing, and distributing of the materials, books, and\n\nbulletins relating to the school lunch program. The fund shall be\n\nadministered in accordance with Section 155 of Title 62 of the\n\nOklahoma Statutes;\n\n15. Prescribe all forms for school district and county officers\n\nto report to the State Board of Education where required. The State\n\nBoard of Education shall also prescribe a list of appropriation\n\naccounts by which the funds of school districts shall be budgeted,\n\naccounted for, and expended; and it shall be the duty of the State\n\nAuditor and Inspector in prescribing all budgeting, accounting, and\n\nreporting forms for school funds to conform to such lists;\n\n16. Provide for the establishment of a uniform system of pupil\n\nand personnel accounting, records, and reports;\n\n17. Have authority to provide for the health and safety of\n\nschool children and school personnel while under the jurisdiction of\n\nschool authorities;\n\n18. Provide for the supervision of the transportation of\n\npupils;\n\n19. Have authority, upon request of the local school board, to\n\nact in behalf of the public schools of the state in the purchase of\n\ntransportation equipment;\n\n20. Have authority and is hereby required to perform all duties\n\nnecessary to the administration of the public school system in\n\nOklahoma as specified in the Oklahoma School Code; and, in addition\n\nthereto, those duties not specifically mentioned herein if not\n\ndelegated by law to any other agency or official;\n\n21. Administer the State Public Common School Building\n\nEqualization Fund established by Section 32 of Article X of the\n\nOklahoma Constitution. Any monies as may be appropriated or\nion of the public school system in\n\nOklahoma as specified in the Oklahoma School Code; and, in addition\n\nthereto, those duties not specifically mentioned herein if not\n\ndelegated by law to any other agency or official;\n\n21. Administer the State Public Common School Building\n\nEqualization Fund established by Section 32 of Article X of the\n\nOklahoma Constitution. Any monies as may be appropriated or\n\ndesignated by the Legislature, other than ad valorem taxes, any\n\nother funds identified by the State Department of Education, which\n\nmay include, but not be limited to, grants-in-aid from the federal\n\ngovernment for building purposes, the proceeds of all property that\n\nshall fall to the state by escheat, penalties for unlawful holding\n\nof real estate by corporations, and capital gains on assets of the\n\npermanent school funds, shall be deposited in the State Public\n\nCommon School Building Equalization Fund. The fund shall be used to\n\naid school districts and charter schools in acquiring buildings,\n\nsubject to the limitations fixed by Section 32 of Article X of the\n\nOklahoma Constitution. It is hereby declared that redbud school\n\ngrants disbursed from the State Public Common School Building\n\nEqualization Fund shall be used for the same purposes as a building\n\nfund, as provided for in Section 1-118 of this title. It is hereby\n\ndeclared that the term “school districts” as used in Section 32 of\n\nArticle X of the Oklahoma Constitution shall mean school districts\n\nand eligible charter schools as defined in subsection B of this\n\nsection. The State Board of Education shall disburse redbud school\n\ngrants annually from the State Public Common School Building\n\nEqualization Fund to public schools and eligible charter schools\n\npursuant to subsection B of this section. The Board shall\n\npromulgate rules for the implementation of disbursing redbud school\n\ngrants pursuant to this section. The State Board of Education shall\n\nprescribe rules for making grants of aid from, and for otherwise\n\nadministering, the fund pursuant to the provisions of this\n\nparagraph, and may employ and fix the duties and compensation of\n\ntechnicians, aides, clerks, stenographers, attorneys, and other\n\npersonnel deemed necessary to carry out the provisions of this\n\nparagraph. The cost of administering the fund shall be paid from\n\nmonies appropriated to the State Board of Education for the\n\noperation of the State Department of Education. From monies\n\napportioned to the fund, the State Department of Education may\n\nreserve not more than one-half of one percent (1/2 of 1%) for\n\npurposes of administering the fund;\n\n22. Recognize that the Director of the Department of\n\nCorrections shall be the administrative authority for the schools\n\nwhich are maintained in the state reformatories and shall appoint\n\nthe principals and teachers in such schools. Provided, that rules\n\nof the State Board of Education for the classification, inspection,\n\nand accreditation of public schools shall be applicable to such\n\nschools; and such schools shall comply with standards set by the\n\nState Board of Education; and\n\n23. Have authority to administer a revolving fund which is\n\nhereby created in the State Treasury, to be designated the\n\n“Statistical Services Revolving Fund”. The fund shall consist of\n\nall monies received from the various school districts of the state,\n\nthe United States Government, and other sources for the purpose of\n\nfurnishing or financing statistical services and for any other\n\npurpose as designated by the Legislature. The State Board of\n\nEducation is hereby authorized to enter into agreements with school\n\ndistricts, municipalities, the United States Government,\n\nfoundations, and other agencies or individuals for services,\n\nprograms, or research projects. The Statistical Services Revolving\n\nFund shall be administered in accordance with Section 155 of Title\n\n62 of the Oklahoma Statutes.\ngnated by the Legislature. The State Board of\n\nEducation is hereby authorized to enter into agreements with school\n\ndistricts, municipalities, the United States Government,\n\nfoundations, and other agencies or individuals for services,\n\nprograms, or research projects. The Statistical Services Revolving\n\nFund shall be administered in accordance with Section 155 of Title\n\n62 of the Oklahoma Statutes.\n\nB. 1. The redbud school grants shall be determined by the\n\nState Department of Education as follows:\n\na. divide the county four-mill levy revenue by four to\n\ndetermine the nonchargeable county four-mill revenue\n\nfor each school district,\n\nb. determine the amount of new revenue generated by the\n\nfive-mill building fund levy as authorized by Section\n\n10 of Article X of the Oklahoma Constitution for each\n\nschool district as reported in the Oklahoma Cost\n\nAccounting System for the preceding fiscal year,\n\nc. add the amounts calculated in subparagraphs a and b of\n\nthis paragraph to determine the nonchargeable millage\n\nfor each school district,\n\nd. add the nonchargeable millage in each district\n\nstatewide as calculated in subparagraph c of this\n\nparagraph and divide the total by the average daily\n\nmembership in public schools statewide based on the\n\npreceding school year’s average daily membership,\n\naccording to the provisions of Section 18-107 of this\n\ntitle. This amount is the statewide nonchargeable\n\nmillage per student, known as the baseline local\n\nfunding per student,\n\ne. all eligible charter schools shall be included in\n\nthese calculations as unique school districts,\n\nseparate from the school district that may sponsor the\n\neligible charter school, and the total number of\n\ndistricts shall be used to determine the statewide\n\naverage baseline local funding per student,\n\nf. for each school district or eligible charter school\n\nwhich is below the baseline local funding per student,\n\nthe Department shall subtract the baseline local\n\nfunding per student from the average nonchargeable\n\nmillage per student of the school district or eligible\n\ncharter school to determine the nonchargeable millage\n\nper student shortfall for each district, and\n\ng. the nonchargeable millage per student shortfall for a\n\nschool district or eligible charter school shall be\n\nmultiplied by the average daily membership of the\n\npreceding school year of the eligible school district\n\nor eligible charter school. This amount shall be the\n\nredbud school grant amount for the school district or\n\neligible charter school.\n\n2. For fiscal year 2022, monies for the redbud school grants\n\nshall be expended from the funds apportioned pursuant to Section 426\n\nof Title 63 of the Oklahoma Statutes. For fiscal year 2023 and each\n\nsubsequent fiscal year, monies for the redbud school grants shall be\n\nappropriated pursuant to Section 426 of Title 63 of the Oklahoma\n\nStatutes, not to exceed three-fourths (3/4) of the tax collected in\n\nthe preceding fiscal year pursuant to Section 426 of Title 63 of the\n\nOklahoma Statutes as determined by the Oklahoma Tax Commission. For\n\nfiscal year 2023 and each subsequent fiscal year, if such\n\nappropriated funds are insufficient to fund the redbud school\n\ngrants, then an additional apportionment of funds shall be made from\n\nsales tax collections as provided by subsection D of Section 1353 of\n\nTitle 68 of the Oklahoma Statutes. If both funds are insufficient,\n\nthe Department shall promulgate rules to permit a decrease to the\n\nbaseline local funding per student to the highest amount allowed\n\nwith the funding available.\n\n3. As used in this section, “eligible charter school” shall\n\nmean a charter school which is sponsored pursuant to the provisions\n\nof the Oklahoma Charter Schools Act. Provided, however, eligible\n\ncharter school shall not include a statewide virtual charter school\n\nsponsored by the Statewide Charter School Board but shall only\nper student to the highest amount allowed\n\nwith the funding available.\n\n3. As used in this section, “eligible charter school” shall\n\nmean a charter school which is sponsored pursuant to the provisions\n\nof the Oklahoma Charter Schools Act. Provided, however, eligible\n\ncharter school shall not include a statewide virtual charter school\n\nsponsored by the Statewide Charter School Board but shall only\n\ninclude those which provide in-person or blended instruction, as\n\nprovided by Section 1-111 of this title, to not less than two-thirds\n\n(2/3) of students as the primary means of instructional service\n\ndelivery.\n\n4. The Department shall develop a program to acknowledge the\n\nredbud school grant recipients and shall include elected members of\n\nthe House of Representatives and Senate who represent the school\n\ndistricts and eligible charter schools.\n\n5. The Department shall create a dedicated page on its website\n\nlisting annual redbud school grant recipients, amount awarded to\n\neach recipient, and other pertinent information about the Redbud\n\nSchool Funding Act.\n\n6. The Department shall provide the chair of the House\n\nAppropriations and Budget Committee and the chair of the Senate\n\nAppropriations Committee no later than February 1 of each year with\n\nan estimate of the upcoming year’s redbud school grant allocation as\n\nprescribed by this section.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6c796538bd964d3ce2c870017585863483498aada8614e96202ce506a0cb1866","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-3-104.9","next":"us-ok/okla.-stat.-tit.-70-70-3-104v2"},"notice":"GroundRules: Original legal text. Not legal advice."}