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70-3-104.


70-3-104.
   
   The control of the State Department of Education and 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. Establish and prescribe the duties of an executive officer who
   shall be the State Superintendent of Public Instruction and whose
   duties shall include the responsibility to give advice and make
   recommendations to the Board on all matters pertaining to the policies
   and administration of the State Department of Education and the public
   school system;
   
   2. Adopt policies and make rules for the operation of the State
   Department of Education and the public school system of the state;
   
   3. Organize and have control of the administrative and supervisory
   agencies, divisions, personnel and their appointment and salaries and
   other operations necessary to carry out the powers, duties and
   functions of the Board and its executive officer;
   
   4. Have authority to require the coordination of all divisions of the
   State Department of Education through its executive officer, delegate
   general supervision of all employees to its executive officer, require
   all recommendations to be presented through its executive officer,
   require its executive officer to be responsible for interpretation of
   the Board's policy, require any employee of the Board to present any
   specific matter directly to the Board;
   
   5. 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;
   
   6. Submit to the Governor a departmental budget based upon major
   functions of the Department 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 for administration shall be
   designated as a part of the total appropriation;
   
   7. On the first day of December preceding each regular session of the
   Legislature, prepare and deliver to the Governor and the Legislature a
   report for the year ending June 30 immediately preceding said regular
   session of the Legislature. Said 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, 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;
   
   8. 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;
   
   9. 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 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
   7115 of Title 10 of the Oklahoma Statutes if the offense involved
   sexual abuse or sexual exploitation as those terms are defined in
   Section 7102 of Title 10 of the Oklahoma Statutes, Sections 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, 1040.51,
   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 judgement 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 said
   laws,
   
   b. 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' Certificate 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
   Oklahoma. Provided, any unobligated balance in the Teachers'
   Certificate 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 the State of Oklahoma. 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;
   
   10. 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 this act 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 the effective date of this act 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 Program 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 Programs 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;
   
   11. Be the legal agent of the State of Oklahoma 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
   provide for the proper distribution of such funds in accordance with
   the state and federal laws;
   
   12. 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;
   
   13. Be and is hereby designated as the "State Educational Agency"
   referred to in Public Law 396 of the 79th Congress of the United
   States, which law states that said act may be cited as the "National
   School Lunch Act", and said State Board of Education is hereby
   authorized and directed to accept the terms and provisions of said 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 the
   State of Oklahoma the benefits of the school lunch program established
   and referred to in said act;
   
   14. Have authority to secure and administer the benefits of the
   National School Lunch Act, Public Law 396 of the 79th Congress of the
   United States, in the State of Oklahoma 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, administer the distribution of
   any state funds appropriated by the Legislature required as federal
   matching to reimburse on children's meals;
   
   15. Accept and provide for the administration of any land, money,
   buildings, gifts, donation or other things of value which may be
   offered or bequeathed to the schools under the supervision or control
   of said Board;
   
   16. 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 said 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 said
   Board and to revoke the certificates of persons failing or refusing to
   make such reports;
   
   17. 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 such school lunch programs. There is hereby created in
   the State Treasury a revolving fund for the Board, to be 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 such funds shall be
   disbursed for expenses of such workshops and for developing, printing
   and distributing of such materials, books and bulletins relating to
   the school lunch program. The fund shall be administered in accordance
   with the Revolving Fund Procedures Act;
   
   18. 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;
   
   19. Provide for the establishment of a uniform system of pupil and
   personnel accounting, records and reports;
   
   20. Have authority to provide for the health and safety of school
   children and school personnel while under the jurisdiction of school
   authorities;
   
   21. Provide for the supervision of the transportation of pupils;
   
   22. 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;
   
   23. 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;
   
   24. Administer the State Public Common School Building Equalization
   Fund established by Section 32 of Article X of the Oklahoma
   Constitution. Any royalties, bonuses, rentals or other monies derived
   from oil and gas and all other mineral leases on lands that have been
   or may be granted by the United States to the state for the use and
   benefit of the common schools, or lands that are or may be held by the
   Commissioners of the Land Office for the use and benefit of the common
   schools, the proceeds of the sale of easements, improvements and sand
   and gravel on any such lands, 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 such State Public Common School
   Building Equalization Fund, which shall be used to aid school
   districts in acquiring buildings under rules prescribed by the State
   Board of Education, as the administering agency, subject to the
   limitations fixed by Section 32 of Article X of the Oklahoma
   Constitution. The State Board of Education shall prescribe rules for
   making grants of aid from, and for otherwise administering, such fund,
   and may employ and fix the duties and compensation of technicians,
   aides, clerks, stenographers, attorneys and other personnel deemed
   necessary to perform its duties; and the cost of administering such
   fund shall be paid from funds currently available for the operation of
   the State Department of Education. It shall be the duty of the State
   Board of Education, the Commissioners of the Land Office and all other
   public agencies, officers and employees to observe and comply with the
   provisions of this paragraph, in all respects; and they shall not be
   held liable for any amount, penalty or punishment for having done so,
   unless and until they are directed to do otherwise by a court of
   competent jurisdiction;
   
   25. Recognize that the Director of the Oklahoma 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;
   
   26. 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 the Revolving Fund Procedures Act, Section 155 et seq.
   of Title 62 of the Oklahoma Statutes; and
   
   27. Have authority to review preliminary plans for new construction
   and major alteration of public school buildings where structural
   changes are proposed. No bids shall be let for the construction or
   major alteration of any public school building until preliminary plans
   and specifications for such construction or alteration have been
   submitted to and reviewed by the State Department of Education. The
   period of time during which such review is conducted by the State
   Department of Education shall not exceed thirty (30) days. The State
   Department of Education shall advise each local school district
   regarding said review of preliminary plans and specifications.
   Provided, nothing in this subsection shall be construed as repealing
   any ordinance or building code of any city, town or county.
   

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