Title 70. Schools
§70-1. Repealed by Laws 1941, p. 416, § 8.
§70-1-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-9. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-10. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-11. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-12. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-13. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-14. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-15. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-16. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-17. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-18. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-19. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-20. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-21. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971.
§70-1-101. Oklahoma School Code.
This act shall be known as the Oklahoma School Code.
Added by Laws 1971, c. 281, § 1-101, eff. July 2, 1971.
§70-1-102. Purpose of act.
The purpose of the Oklahoma School Code is to provide for a state system of public school education and for the establishment, organization, operation and support of such state system.
Added by Laws 1971, c. 281, § 1-102, eff. July 2, 1971.
§70-1-103. Act to be liberally construed.
If any section or part of the Oklahoma School Code is found to be ambiguous or otherwise subject to more than one interpretation, such section shall be liberally construed to the extent that the general purpose of the entire Code and of public education may be advanced.
Added by Laws 1971, c. 281, § 1-103, eff. July 2, 1971.
§70-1-104. Act not to repeal or modify tax laws unless specifically provided.
Nothing in the Oklahoma School Code shall be interpreted as repealing or modifying any law in effect in the State of Oklahoma relative to the collection of any taxes unless specifically provided for herein, and all appropriations existing at the time this Code becomes effective shall be subject to all provisions of said appropriations at the time of their enactment and no omission of or reference to any appropriations shall be construed as repealing any such appropriation or part thereof.
Added by Laws 1971, c. 281, § 1-104, eff. July 2, 1971.
§70-1-105. State Department of Education - State Board of Education - State Superintendent of Public Instruction - Definitions.
A. The State Department of Education is that department of the state government in which the agencies created or authorized by the Constitution and Legislature are placed and charged with the responsibility of determining the policies and directing the administration and supervision of the public school system of the state. These agencies are the State Board of Education, the State Superintendent of Public Instruction and such divisions and positions as may be established by law and by the State Board of Education.
B. The State Board of Education is that agency in the State Department of Education which shall be the governing board of said Department and the public school system of the state.
C. The State Superintendent of Public Instruction is the official provided for in Article VI, Section 1, of the Constitution of Oklahoma who shall be the executive officer of the State Board of Education.
Laws 1971, c. 281, § 1-105, eff. July 2, 1971. Amended by Laws 1990, c. 293, § 6, eff. Sept. 1, 1990.
§701106. Public schools Definition What included.
The public schools of Oklahoma shall consist of all free schools supported by public taxation and shall include nurseries, kindergartens, elementary, which may include either K6 or K8, secondary schools and technology center schools, not to exceed two (2) years of junior college work, night schools, adult and other special classes, vocational and technical instruction and such other school classes and instruction as may be supported by public taxation or otherwise authorized by laws which are now in effect or which may hereafter be enacted.
Added by Laws 1971, c. 281, § 1106, eff. July 2, 1971. Amended by Laws 2001, c. 33, § 64, eff. July 1, 2001.
§701107. Educational services Enumeration.
Either in conjunction with public schools or otherwise under the control and supervision of school agencies and officials provided by law for the control and supervision of public schools, other educational services may include health activities, school lunch programs, audiovisual education, safety education, vocational rehabilitation, education of exceptional and handicapped children, playground and physical education activities and such other special services, functions, and activities as may be authorized by law or by regulation of the State Board of Education.
Laws 1971, c. 281, § 1107, eff. July 2, 1971.
§70-1-107.1. Technology - Generally defined for educational and governmental purposes.
A. Unless otherwise specifically defined, technology is applied knowledge. For educational and governmental purposes, technology shall include but not be limited to information technology, telecommunications technology and implemental technology. Information technology shall include but not be limited to computers, computer hardware, scanners, multimedia material, facsimile, e-mail, computer software, CD ROM material or other magnetic media, computer simulations, video, the World Wide Web (WWW) or Internet, Listservs, multiuser domains and other technology used in distance learning or distance education. Telecommunications technology shall include but not be limited to local area networks and wide area networks. Implemental technology shall include but not be limited to implements, equipment, instruments or devices that promote the technology education process and are employed in the science or study of the practical, industrial, or mechanical arts or applied sciences.
B. The provisions of subsection A of this section shall apply when related to the expenditure of public funds by educational and governmental entities.
Added by Laws 1998, c. 90, § 1, emerg. eff. April 9, 1998.
§701108. School district Definition.
A school district is defined as any area or territory comprising a legal entity, whose primary purpose is that of providing free school education, whose boundary lines are a matter of public record, and the area of which constitutes a complete tax unit. Laws 1971, c. 281, Section 1108. Eff. July 2, 1971.
Laws 1971, c. 281, § 1108, eff. July 2, 1971.
§70-1-109. Length of school year - School for less than full year – Extended-day schedule - Closure for inclement weather.
A. For all public schools in Oklahoma, school shall actually be in session and classroom instruction offered:
1. For not less than one hundred eighty (180) days; or
2. For not less than one thousand eighty (1,080) hours each school year, if a district board of education adopts a school-hours policy and notifies the State Board of Education prior to September 15 of the applicable school year.
B. Not more than thirty (30) hours each school year may be used for attendance of professional meetings and teachers may be paid for a length of term in excess thereof, under conditions hereinafter outlined. Subject to district board of education policy or collective bargaining agreement, additional professional leave days may be granted for individual teachers to attend or participate in professional meetings, staff development training, or National Board certification portfolio development as provided for in Section 6-204.2 of this title.
C. A school district may authorize parent-teacher conferences to be held during a regular school day. If authorized by the school district, parent-teacher conferences shall be counted as classroom instruction time for no more than six (6) hours per semester, for a total of twelve (12) hours per school year.
D. A school district may maintain school for less than a full school year only when conditions beyond the control of school authorities make the maintenance of the term impossible and the State Board of Education has been apprised and has expressed concurrence in writing.
E. The State Board of Education shall establish criteria for an extended-day schedule for schools subject to paragraph 1 of subsection A of this section. The criteria shall:
1. Prescribe a lengthened school day within limits determined not to be detrimental to quality instruction; and
2. Ensure that the schedule is equivalent in annual hours of instruction to the one-hundred-eighty-day school year specified in paragraph 1 of subsection A of this section; and
3. Be consistent with the provisions of this section and Sections 1-111 and 1-112 of this title, but may result in fewer annual days of instruction.
F. The State Board of Education may authorize school districts to implement an extended-day schedule for instruction pursuant to the criteria developed. The State Board of Education shall require the participating school districts to prepare a report of the impact of the extended-day schedule.
G. Notwithstanding the provisions of subsections E and F of this section, a school district board of education subject to paragraph 1 of subsection A of this section may adopt and implement an extended-day schedule for grades nine through twelve subject to the following requirements:
1. The annual number of hours of instruction shall equal or exceed one thousand eighty (1,080) hours, which is the equivalent of one hundred eighty (180) days of instruction as specified in subsection A of this section for six (6) hours each day as specified in Section 1-111 of this title;
2. The annual number of days of instruction shall equal or exceed one hundred eighty (180) days as specified in subsection A of this section;
3. The schedule adopted shall be consistent with the provisions of Sections 1-111 and 1-112 of this title, except that for not more than one (1) day per week, a school day shall consist of not less than five (5) hours devoted to academic instruction in a regular classroom setting;
4. The district shall hold a public hearing prior to the adoption of an extended-day schedule authorized pursuant to this subsection; and
5. The district shall document the impact on student achievement as determined by the academic performance index score and any other relevant factors that are a result of implementation of an extended-day schedule authorized pursuant to this subsection and provide an annual report to the State Board of Education of the results. If improvement in student achievement cannot be documented in the report, the district board of education shall revoke authorization as provided by this subsection. If the district does not revoke authorization after student achievement is not documented in the report, the State Board of Education may deny accreditation of any school in violation of this subsection.
H. If subject to paragraph 2 of subsection A of this section, a district board of education or designee may elect to close a school during the school day for inclement weather purposes. In such an event, the number of hours incurred in classroom instruction time prior to school closure shall be counted toward the one thousand eighty (1,080) hours per year requirement.
I. Nothing in this section shall be construed to affect the Fair Labor Standards Act status of any school district employee.
Added by Laws 1971, c. 281, § 1-109, eff. July 2, 1971. Amended by Laws 1978, c. 22, § 1, emerg. eff. March 10, 1978; Laws 1979, c. 1, § 1, emerg. eff. March 8, 1979; Laws 1981, c. 290, § 1, eff. July 1, 1981; Laws 1982, c. 13, § 1, emerg. eff. March 17, 1982; Laws 1983, c. 330, § 39, operative July 1, 1983; Laws 1984, c. 296, § 36, operative July 1, 1984; Laws 1985, c. 143, § 1, eff. July 1, 1985; Laws 1992, c. 324, § 4, eff. July 1, 1992; Laws 1998, c. 350, § 2, emerg. eff. June 5, 1998; Laws 2002, c. 236, § 1, eff. July 1, 2002; Laws 2006, c. 250, § 1, eff. July 1, 2006; Laws 2009, c. 103, § 1, emerg. eff. April 24, 2009.
NOTE: Laws 1981, c. 81, § 1 repealed by Laws 1982, c. 13, § 2, emerg. eff. March 17, 1982.
§70-1-109.1. Optional Extended School Year Program.
A. School districts shall have the option of establishing and offering an extended school year according to the provisions of this section. The Optional Extended School Year Program provided in paragraph 15 of subsection A of Section 109 of this act means those programs which school districts may provide at the district, site or class level. For the purposes of this program, a school year shall consist of either eleven (11) or twelve (12) months in which school is offered in excess of two hundred (200) days of at least six (6) hours each day. The purpose of the program shall be to improve academic achievement of students participating in the extended school year. The program shall be funded by means of the pupil category weight to be determined by the State Board of Education based upon an amount of funding specified in the State Board of Education's annual appropriation and the level of participation.
B. The State Board of Education shall establish criteria for participation in the program which shall include:
1. A competitive application process based upon requests for proposals;
2. A plan for determining measurable results in terms of academic achievement, pupil retention and other indicators of educational success, including the remediation needs of the district's students;
3. Diversified participation by school district size and geographic location and by amount of school district budget. At least one school district in each of the following categories shall be included: General Fund of less than One Million Dollars ($1,000,000.00); General Fund of from One Million Dollars ($1,000,000.00) to Five Million Dollars ($5,000,000.00); General Fund of from Five Million Dollars ($5,000,000.00) to Ten Million Dollars ($10,000,000.00); and General Fund of Ten Million Dollars ($10,000,000.00) or more. Provided, participation in one of the above categories may be disallowed if no district meeting such fund requirements makes application for the program.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 18, operative July 1, 1990.
§70-1-110. Repealed by Laws 2009, c. 103, § 6, emerg. eff. April 24, 2009.
§70-1-111. School day - Six hours - Exceptions.
A. Except as otherwise provided for by law, a school day shall consist of not less than six (6) hours devoted to school activities. A district board of education may elect to extend the length of one (1) or more school days to more than six (6) hours and reduce the number of school days as long as the total amount of classroom instruction time is not less than one thousand eighty (1,080) hours per year as required pursuant to Section 1-109 of this title.
B. A school day for nursery, early childhood education, kindergarten, and alternative education programs shall be as otherwise defined by law or as defined by the State Board of Education. Not more than one (1) school day shall be counted for attendance purposes in any twenty-four-hour period.
C. Students absent from school in which they are regularly enrolled may be considered as being in attendance if the reason for such absence is to participate in scheduled school activities under the direction and supervision of a regular member of the faculty or to participate in a remote internet-based course approved by the district board of education. The State Board of Education shall adopt rules to provide for the implementation of remote Internet-based courses.
D. Each district board of education shall adopt policies and procedures that conform to rules for Internet-based courses as adopted by the State Board. Such policies shall include criteria for approval of the course, the appropriateness of the course for a particular student, authorization for full-time students to enroll in Internet-based courses, and establishing fees or charges. No district shall be liable for payment of any fees or charges for any Internet-based course for a student who has not complied with the district’s policies and procedures. Districts shall require students enrolled in Internet-based courses to participate in the Oklahoma School Testing Program Act. Students participating in Internet-based courses from a remote site will be responsible for providing their own equipment and Internet access, unless the district chooses to provide the equipment. Credit may not be granted for such courses except upon approval of the State Board of Education and the district board of education.
E. The school day for kindergarten may consist of six (6) hours devoted to school activities.
Added by Laws 1971, c. 281, § 1-111, eff. July 2, 1971. Amended by Laws 1989, c. 335, § 5, eff. July 1, 1989; Laws 1989, 1st Ex. Sess., c. 2, § 32, emerg. eff. April 25, 1990; Laws 1992, c. 324, § 5, eff. July 1, 1992; Laws 1994, c. 290, § 68, eff. July 1, 1994; Laws 2001, c. 427, § 1, emerg. eff. June 5, 2001; Laws 2002, c. 453, § 1, eff. July 1, 2002; Laws 2003, c. 169, § 1, eff. July 1, 2003; Laws 2004, c. 5, § 81, emerg. eff. March 1, 2004; Laws 2009, c. 103, § 2, emerg. eff. April 24, 2009.
NOTE: Laws 2003, c. 40, § 1 repealed by Laws 2004, c. 5, § 82, emerg. eff. March 1, 2004.
§70-1-112. School taught on Saturday.
School taught on Saturday shall not be counted for attendance purposes in meeting the school year requirements as set forth in Section 1-109 of this title. School taught on Saturday may be substituted for regular school days during which school has been or will be closed upon approval of the State Board of Education.
Added by Laws 1971, c. 281, § 1-112, eff. July 2, 1971. Amended by Laws 2009, c. 103, § 3, emerg. eff. April 24, 2009.
§70-1-113. School district residency.
A. When used in this section, the residence of any child for school purposes shall be:
1. The school district in which the parents, guardian, or person having legal custody holds legal residence.
Each school district board of education shall adopt a policy establishing the requirements for student residency for that district which provides for residence as described in this paragraph. Within the discretion of each school district's board of education, the policy may but is not required to allow for establishment of residency by affidavit when an adult, whether a relative or not, who does not fall within one of the categories listed above, who holds legal residence in the school district, and who has assumed permanent care and custody of the child files an affidavit with the school district attesting that they have assumed custody and the reasons for assuming custody. Any policy allowing the establishment of residency by affidavit shall require the adult who provides the affidavit to affirm in such affidavit that the custody arrangement is permanent and that the adult contributes the major degree of support to the child. If the school district policy allows establishment of residency by affidavit, any person who willfully makes a statement in the affidavit which the person knows to be false shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year or a fine of not more than Five Hundred Dollars ($500.00) or both such fine and imprisonment. Each school district shall include in its policy on residency any documentation necessary for the administration of the policy; or
2. The foster home, as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, except a therapeutic foster home or a specialized foster home where a child is in voluntary placement as defined in subsection D of this section, in which the child has been placed:
a. by the person or agency having legal custody of the child pursuant to a court order, or
b. by a state agency having legal custody of the child pursuant to the provisions of Title 10A of the Oklahoma Statutes; or
3. Any orphanage or eleemosynary child care facility having full-time care and custody; or
4. Any eleemosynary child care facility in which a child is placed by a parent or guardian for full-time residential care; provided, the provision of this paragraph shall apply only to children who attend a district school by joint agreement of the school district and facility and who are not placed in the facility through a state contract. For purposes of this paragraph, "eleemosynary child care facility" means a facility:
a. where child care and services are provided, and
b. which is funded predominantly by benevolent or charitable funds and is exempt from taxation pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3); or
5. Any state-operated institution in which a child has been placed by a parent or guardian or by a state agency having legal custody of the child pursuant to the provisions of Title 10A or Section 3-101 of Title 43A of the Oklahoma Statutes for care and treatment due to a physical or mental condition of the child; or
6. The district in which a child who is entirely self-supporting resides and attends school; or
7. A state-licensed or operated emergency shelter.
B. No school district shall bear the cost of educating children who are not residents of this state; provided, a school district may furnish educational services pursuant to contract as elsewhere provided by law. A school district may furnish educational services pursuant to a contract to children who do not reside in the United States of America; provided, the children shall not be counted in the average daily membership of the school district.
C. For the purpose of ensuring that a child placed in a therapeutic foster care home, as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, receives an appropriate education, no receiving school district shall be required to enroll such a child if the enrollment would cause the proportion of students in therapeutic foster care homes as compared to the average daily membership of the receiving district for the preceding school year to exceed two percent (2%). Children served by Head Start may not be counted for the purpose of this paragraph unless the child is on an individualized education program provided by the school district. Any school district may enroll such students who are outside the student's resident district in therapeutic foster care home placements which exceed this limit if the school determines it possesses the ability to provide such child an appropriate education.
D. When a child does not meet the criteria for residency provided in subsection A of this section and is placed in any of the following entities which is out of the child's home and not in the school district in which the child legally resides: a residential facility; a treatment program or center, including the facility operated pursuant to Section 485.1 of Title 63 of the Oklahoma Statutes; a therapeutic foster home as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes; or, a specialized foster home, which is a specialized foster home or an agency-contracted home under the supervision of and certified as meeting the standards set by the Department of Human Services and is funded through the Department of Human Services Home and Community-Based Waiver Services Program, the entity shall, if the child contends he or she resides in a school district other than the district where the entity is located, within seven (7) days of admittance, notify the school district in which the entity is located of the admittance.
Upon provision of educational services to such children pursuant to the provisions of subsection F of this section, the receiving school district shall receive the State Aid as defined in subsection C of Section 18-110 of this title for those students.
Access to the due process procedure guaranteed to children with disabilities shall be available to resolve disagreements about the appropriateness of placements of children with disabilities.
E. The governing body of any state institution for children operated pursuant to the provisions of Title 10A of the Oklahoma Statutes or Section 3-101 of Title 43A of the Oklahoma Statutes and the board of education of the school district in which the institution is located or any other school district in the state willing to provide necessary educational services may enter into a contract whereby the district will maintain a school for the children of the institution, in which event the residence of such children for school purposes will be considered as being in the district maintaining the school. The governing body of the state institutions specified in this subsection shall pay the costs for educating students placed in the state institution less any amount of funds received for such students by the school district contracting with the state institution to provide necessary educational services.
F. 1. The school district in which an entity as described in subsection D of this section exists to serve children in out-of-home placements shall, upon request of the individual or agency operating the entity, provide the educational services to which the children in the entity are entitled subject to the limitations provided in subsection C of this section. No person operating such an entity may contract for the provision of educational services with any school district other than the school district in which the entity is located unless the school district in which the entity is located agrees in writing to allow another school district to provide the educational services or unless the person operating the entity contracts with another school district for the provision of educational services to be provided through remote Internet-based courses. No person operating such an entity may contract for the provision of educational services with more than one school district.
2. Prior to location in a school district, the individual or agency operating an entity described in subsection D of this section which requires provision of educational services from the school district shall notify the local board of education of its anticipated educational needs. No school district shall be required to provide educational services for students in the entity until at least sixty (60) calendar days have elapsed from the time in which the local board of education was initially notified of the need unless the school district so agrees to provide the educational services sooner. The provisions of this paragraph shall not apply to therapeutic or specialized foster homes.
3. Educational services provided shall meet or exceed state accreditation standards. No school district shall be responsible for any expenses for students in an entity described in subsection D of this section which are not directly related to the provision of educational services. A school district shall not be obligated for expenses of those students in an entity in the current school year for whom educational services are requested after the district's first nine (9) weeks of the current school year if educational services are requested for twelve or more students than were served in the first nine (9) weeks, unless the school district chooses to provide educational services for the current school year. Contracts and agreements for provision of educational services may allow for the use of public and private sources of support which are available to share the costs of educational services and of therapies, treatments, or support services. Otherwise valid obligations to provide or pay for such services, such as Medicaid, shall remain in effect for children who are eligible for the services from sources other than the school district.
4. Upon the request of any residential facility which has contracted with the Office of Juvenile Affairs to provide either a regimented juvenile training program or a high-impact wilderness camp to a minimum of forty students who have been adjudicated, a school district may contract for the facility to provide the educational services to those students. Under such a contract, the facility shall operate in accordance with all applicable laws, including compliance with Section 18-114.7 of this title. Such contract shall include the State Aid generated by the students, less a fee for administrative services which may be retained by the school district, not to exceed ten percent (10%) of the total on an annual basis. The school district shall exercise supervision over the educational program in the facility and bear all responsibility for required educational reporting. The school district shall maintain access to all educational records for students in the facility, and shall provide for the appropriate academic credit and diplomas. The school district shall be indemnified against any actions or penalties on the part of the facility which result in adversity for the school district.
G. Any question as to the place of residence of any child for school purposes shall be decided pursuant to procedures utilized by the State Department of Education.
H. The receiving district shall notify the district of residence immediately upon finding that the student requires special education and related services and the district of residence shall participate in planning the student's Individualized Education Program (IEP) and in subsequent reviews of the program in accordance with the Individuals with Disabilities Education Act (IDEA).
Added by Laws 1971, c. 281, § 1-113, eff. July 2, 1971. Amended by Laws 1983, c. 150, § 1, operative July 1, 1983; Laws 1984, c. 182, § 1, emerg. eff. May 7, 1984; Laws 1985, c. 336, § 1, operative July 1, 1985; Laws 1986, c. 102, § 1, operative July 1, 1986; Laws 1987, c. 122, § 1, eff. July 1, 1987; Laws 1989, c. 250, § 2, operative July 1, 1989; Laws 1992, c. 262, § 3, emerg. eff. May 22, 1992; Laws 1994, c. 168, § 1, eff. July 1, 1994; Laws 1995, c. 231, § 8, eff. Nov. 1, 1995; Laws 1996, c. 319, § 1, eff. July 1, 1996; Laws 1997, c. 343, § 1, eff. July 1, 1997; Laws 1998, c. 362, § 1, eff. July 1, 1998; Laws 2002, c. 453, § 2, eff. July 1, 2002; Laws 2009, c. 234, § 154, emerg. eff. May 21, 2009.
§70-1-114. Free attendance - Admission to early childhood programs - Enrollment in kindergarten and first grade - Nonresident tuition fee.
A. All children between the ages of five (5) years on or before September 1, and twenty-one (21) years on or before September 1, shall be entitled to attend school free of charge in the district in which they reside.
B. All children who are at least four (4) years of age but not more than five (5) years of age on or before September 1 and who have not attended a public school kindergarten shall be entitled to attend half-day or full-day early childhood programs at any public school in the state where such programs are offered; provided no child shall be required to attend any early childhood education program. The following paragraphs shall govern early childhood programs:
1. Children who are at least four (4) years of age but not more than five (5) years of age on or before September 1 shall be entitled to attend either half-day or full-day early childhood programs in their district of residence free of charge as long as the district has the physical facilities and teaching personnel to accommodate the child. For purposes of calculation of State Aid, children in an early childhood education program shall be included in the average daily membership of the district providing the program.
2. A child who has not reached the age of five (5) years on or before September 1 and who resides in a district which does not offer an early childhood program shall be eligible for transfer to a district where an early childhood program is offered if the district that offers the early childhood program agrees to the transfer. A district offering early childhood programs may refuse to accept a nonresident child if the district does not have the physical facilities or teaching personnel to accommodate the child in an early childhood education class. If the child requesting the transfer has not reached the age of four (4) years on or before September 1, the district may refuse to accept the nonresident child if the district determines the child is not ready for an early childhood program. Children who are accepted in a program outside their district of residence as provided in this paragraph shall be included in the average daily membership of the district providing the program for State Aid funding subject to the State Aid formula weight limitations set forth in paragraph 1 of this subsection.
C. No child shall be enrolled in kindergarten unless he or she will have reached the age of five (5) years on or before September 1 of the school year. No child shall be enrolled in the first grade unless he or she will have reached the age of six (6) years on or before September 1 of the school year.
D. No nonresident and nontransferred pupil shall be allowed to attend school in any school district unless a tuition fee equal to the per capita cost of education for a similar period in such district during the preceding year has been paid to the receiving district in advance yearly or by semester as determined by the district board of education of the receiving district. If the State Board of Education discovers that such attendance has been allowed without prior payment of the tuition fee in advance as required, no further payment of any State Aid Funds shall be made to the district until such district has shown to the satisfaction of the State Board of Education that all such tuition fees have been paid or that such tuition pupil will no longer be allowed to attend school until the required tuition fee has been paid.
E. Any parent, guardian, person or institution having care and custody of a child who pays ad valorem tax on real property in any other school district other than that in which that person resides may, with the approval of the receiving board, enroll the child in any school district in which ad valorem tax is paid and receive a credit on the nonresident tuition fee equal to the amount of the ad valorem tax paid for school district purposes in the school district in which the child is enrolled. Provided, the credit shall not exceed the total amount required for the tuition payment.
Added by Laws 1971, c. 281, § 1-114, eff. July 2, 1971. Amended by Laws 1972, c. 93, § 1; Laws 1974, c. 21, § 1; Laws 1979, c. 114, § 1; Laws 1979, c. 204, § 1, eff. July 1, 1979; Laws 1989, c. 335, § 6, eff. July 1, 1989; Laws 1989, 1st Ex.Sess., c. 2, § 15, emerg. eff. April 25, 1990; Laws 1990, c. 263, § 61, operative July 1, 1990; Laws 1992, c. 262, § 4, emerg. eff. May 22, 1992; Laws 1993, c. 333, § 1, eff. July 1, 1993; Laws 1994, c. 220, § 1, eff. July 1, 1994; Laws 1998, c. 204, § 1, eff. July 1, 1998.
§70-1-114.1. Foreign exchange students - Guidelines for acceptance.
Unless otherwise prohibited by federal law, school districts may:
1. Only have to accept exchange students on J-1 visas, issued pursuant to paragraph (a) (15) (J) of Section 1101 of Title 8 of the United States Code, which hold the sponsoring organization responsible;
2. Not have to accept exchange students on M-1 visas, issued pursuant to paragraph (a) (15) (M) of Section 1101 of Title 8 of the United States Code, which are for vocational or nonacademic students or F-1 visas, issued pursuant to paragraph (a) (15) (F) of Section 1101 of Title 8 of the United States Code, which hold the school responsible;
3. Use the governing regulations set by the United States Information Agency (USIA) for Exchange Visitor Programs as guidelines and standards for local schools;
4. Have the right to accept or reject any exchange student or sponsoring organization not adhering to the USIA regulations; and
5. Have the right to reject any exchange student if the student, legal custodian, or legal guardian is not a resident of the district.
Added by Laws 1994, c. 212, § 1, eff. July 1, 1994.
§70-1-114.2. Operation as grantee of a federal Head Start program - Calculation of state aid.
Any school district is hereby authorized to operate as a grantee of a federal Head Start program. For purposes of calculating state aid a school district may not count any child enrolled in or teacher employed by a Head Start program operated by the district for the portion of the day federal Head Start funds or state funds appropriated for Head Start programs are received.
Added by Laws 2002, c. 437, § 5, eff. July 1, 2002.
§701115. School system Administered by State Department of Education, Etc.
The public school system in Oklahoma shall be administered by the State Department of Education, State Superintendent of Schools, county superintendents of schools, boards of education of school districts, and superintendents of schools of independent school districts. Laws 1971, c. 281, Section 1115. Eff. July 2, 1971.
Laws 1971, c. 281, § 1115, eff. July 2, 1971.
§701116. Positions in school system Definitions.
As used in this act:
1. Teacher: Any person who is employed to serve as district superintendent, principal, supervisor, counselor, librarian, school nurse or classroom teacher, or in any other instructional, supervisory, or administrative capacity, is defined as a teacher. Such person shall not be deemed qualified unless he or she holds a valid certificate or license, issued by and in accordance with the rules and regulations of the State Board of Education, to perform the particular services for which he or she is employed.
2. Superintendent: A superintendent of schools shall be the executive officer of the board of education and the administrative head of the school system of a district maintaining an accredited school, provided he or she holds an administrator's certificate recognized by the State Board of Education.
3. Principal: A principal shall be any person other than a district superintendent of schools having supervisory or administrative authority over any school or school building having two or more teachers. A teaching principal shall be a principal who devotes at least one-half the time school is in session to classroom teaching. Until July 1, 1993, teaching principals shall not be required to hold administrative certificates. Beginning July 1, 1993, teaching principals shall be required to hold administrative certificates.
4. For purposes of complying with the State Aid Law and other statutes which apportion money on the basis of teaching units or the number of teachers employed or qualified, all persons holding proper certificates or licenses and connected in any capacity with the instruction of pupils shall be designated as "teachers".
5. Entry-year Teacher: An entry-year teacher is any licensed teacher who is employed in a local school to serve as a classroom teacher under the guidance and assistance of a teacher consultant and an entry-year assistance committee. Any such person shall have completed the program of the college or school of education of the accredited institution of higher learning from which the person has been graduated.
6. Student Teacher: A student teacher is any student who is enrolled in an institution of higher learning approved by the State Board of Education for teacher training and who is jointly assigned by such institution of higher learning and a school district's board of education to perform practice teaching under the direction of a regularly employed and certified teacher. A student teacher, while serving a nonsalaried internship under the supervision of a certified teacher, shall be accorded the same protection of the laws as that accorded the certified teacher.
7. A school nurse employed full time by a board of education shall be a registered nurse licensed by the Oklahoma State Board of Nurse Registration and Nursing Education, and certified the same as a teacher by the State Department of Education. Provided that any person who is employed as a full-time nurse in any school district in Oklahoma, but who is not registered on the effective date of this act, may continue to serve in the same capacity, however such person shall, under rules and regulations adopted by the State Board of Education, attend classes in nursing and prepare to become registered.
A school nurse employed by a board of education shall be accorded the same protection of laws and all other benefits accorded a certified teacher.
8. Support Employee: A support employee shall be an employee who provides those services which are not performed by certified teachers, principals, superintendents or administrators and which are necessary for the efficient and satisfactory functioning of a school district.
Laws 1971, c. 281, § 1-116, eff. July 2, 1971; Laws 1973, c. 193, § 1, emerg. eff. May 17, 1973; Laws 1980, c. 284, § 15, emerg. eff. June 10, 1980; Laws 1989, 1st Ex. Sess., c. 2, § 58, emerg. eff. April 25, 1990; Laws 1993, c. 239, § 20, eff. July 1, 1993; Laws 1994, c. 345, § 1, eff. July 1, 1994.
§701116.1. Teaching principal Amount of time in classroom.
A teaching principal, as defined in Section 1116 of Title 70 of the Oklahoma Statutes, shall be permitted to devote less than onehalf (1/2) the time school is in session to classroom teaching only when it has been determined by the State Board of Education that such action is necessary for the satisfactory completion of the school year. The State Board of Education shall adopt the necessary criteria to provide for such contingency.
Added by Laws 1982, c. 342, § 8, emerg. eff. June 2, 1982.
§701116.2. Administration of medicine to students.
A. A school nurse, or in the absence of such nurse, an administrator or designated school employees, pursuant to the written authorization of the parent or guardian of the student, may administer:
1. A nonprescription medicine; and
2. A filled prescription medicine as that term is defined by Section 353.1 of Title 59 of the Oklahoma Statutes pursuant to the directions for the administration of the medicine listed on the label or as otherwise authorized by a licensed physician.
B. In addition to the persons authorized to administer nonprescription medicine and filled prescription medicine pursuant to the provisions of subsection A of this section, a nurse employed by a county health department and subject to an agreement made between the county health department and the school district for medical services, may administer nonprescription medicine and filled prescription medicine pursuant to the provisions of this section.
C. Each school in which any medicine is administered pursuant to the provisions of this section shall keep a record of the name of the student to whom the medicine was administered, the date the medicine was administered, the name of the person who administered the medicine, and the type or name of the medicine which was administered.
D. Medicine to be administered by the county or school nurse, administrator or the designated persons and which is stored at the school shall be properly stored and not readily accessible to persons other than the persons who will administer the medication.
E. The school shall keep on file the written authorization of the parent or guardian of the student to administer medicine to the student.
F. A school nurse, county nurse, administrator, or the designated school employees shall not be liable to the student or a parent or guardian of the student for civil damages for any personal injuries to the student which result from acts or omissions of the school or county nurse, administrator, or designated school employees in administering any medicine pursuant to the provisions of this section. This immunity shall not apply to acts or omissions constituting gross, willful, or wanton negligence.
Added by Laws 1984, c. 192, 5, emerg. eff. May 14, 1984.
§70-1-116.3. Self-administration of inhaled asthma or anaphylaxis medication.
A. Notwithstanding the provisions of Section 1-116.2 of this title, the board of education of each school district shall adopt a policy on or before September 1, 2008, that permits the self-administration of inhaled asthma medication by a student for treatment of asthma and the self-administration of anaphylaxis medication by a student for treatment of anaphylaxis. The policy shall require:
1. The parent or guardian of the student to authorize in writing the student’s self-administration of medication;
2. The parent or guardian of the student to provide to the school a written statement from the physician treating the student that the student has asthma or anaphylaxis and is capable of, and has been instructed in the proper method of, self-administration of medication;
3. The parent or guardian of the student to provide to the school an emergency supply of the student’s medication to be administered pursuant to the provisions of Section 1-116.2 of this title;
4. The school district to inform the parent or guardian of the student, in writing, that the school district and its employees and agents shall incur no liability as a result of any injury arising from the self-administration of medication by the student; and
5. The parent or guardian of the student to sign a statement acknowledging that the school district shall incur no liability as a result of any injury arising from the self-administration of medication by the student.
B. As used in this section:
1. “Medication” means a metered dose inhaler or a dry powder inhaler to alleviate asthmatic symptoms, prescribed by a physician and having an individual label, or an anaphylaxis medication used to treat anaphylaxis, including but not limited to Epinephrine injectors, prescribed by a physician and having an individual label; and
2. “Self-administration” means a student’s use of medication pursuant to prescription or written direction from a physician.
C. The permission for self-administration of asthma or anaphylaxis medication is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this section.
D. A student who is permitted to self-administer asthma or anaphylaxis medication pursuant to this section shall be permitted to possess and use a prescribed inhaler or anaphylaxis medication, including but not limited to an Epinephrine injector, at all times.
Added by Laws 2003, c. 143, § 1, emerg. eff. April 28, 2003. Amended by Laws 2008, c. 271, § 1, emerg. eff. May 27, 2008.
§70-1-117. General fund - Capital and noncapital expenditures.
A. The general fund of any school district is hereby defined as a current expense fund and shall consist of all revenue or monies that can legally be expended within a certain specified fiscal year, but shall not be considered as including any money derived from a special building fund levy made in accordance with the provisions of Section 10 of Article X of the Oklahoma Constitution, nor shall it include any monies derived from the sale of bonds issued under the provisions of Section 26 of Article X of the Oklahoma Constitution. All monies derived from the proceeds of the school levies made pursuant to the provisions of Section 9 of Article X of the Oklahoma Constitution shall be placed in the general fund provided by this section. Expenditures from the general fund shall be noncapital in nature. All monies derived from state-dedicated revenue, state-appropriated revenue unless otherwise provided for by law, and county sources shall be placed in the general fund provided for by this section. Except as provided for in subsections K and L of this section, a district shall not be authorized to make capital expenditures as defined by this section from the general fund.
B. For purposes of this section, state-dedicated revenue shall be any registration or license fees, taxes, or penalties collected at the state level and distributed to common school districts. County sources shall be all funds collected by the county and distributed to common school districts but shall not include any funds derived from the building fund levy made in accordance with the provisions of Section 10 of Article X of the Oklahoma Constitution or funds derived from the sinking fund levy made in accordance with the provisions of Section 26 of Article X of the Oklahoma Constitution.
C. For the purposes of this section, a capital expenditure shall be an expenditure which results in the acquisition of fixed assets or additions to fixed assets. Capital expenditures shall include, but shall not be limited to, purchases of land or existing buildings, purchases of real property, improvements of grounds and sites for construction purposes, all expenditures for construction of buildings unless authorized by the State Board of Education or the State Board of Career and Technology Education upon application to the appropriate state board pursuant to subsection F of this section, additions to buildings, remodeling of buildings if such remodeling involves changes to roof structures or load-bearing walls, professional services, salaries and expenses of architects and engineers hired or assigned to capital projects except for such services, salaries and expenses as are applicable in preparation for a bond issue, expenditures for the initial installation and extension of service systems and built-in heat or air equipment to existing buildings, expenditures for the replacement of a building which has been destroyed, installments and lease payments on property, including interest, that have a terminal date and result in the acquisition of property, and expenditures for preliminary studies made prior to the time that authority to proceed with a construction project is given if authority is received within the same fiscal year that the expenditure was made.
D. Noncapital expenditures shall include, but shall not be limited to expenditures for maintenance, repair and replacement of property and equipment, initial or additional purchases of furniture and equipment, direct expenses for maintenance of plant, including grounds, salaries for maintenance of plant, including salaries for the upkeep of grounds, and repair and replacement of building structures which do not add to existing facilities and which do not involve changes in roof structures or load-bearing walls and which are not classified as a capital expenditure by this section.
E. The State Board of Education shall adopt and amend regulations regarding the classification, definition and financial administration of funds, accounts and expenditures in accordance with the requirements of this section.
F. A school district shall be authorized to make capital expenditures from the general fund to defray the cost of rebuilding a school building only if a school building or facility has been destroyed by a fire or natural disaster, such as flood, tornado or other act of God, or by an act of a public enemy of the United States or this state and monies received by the district through insurance coverage, federal reimbursement, contributions and allocation from the State Board of Education from the State Public Common School Building Equalization Fund are insufficient to rebuild the facility. Capital expenditures from the general fund pursuant to this subsection shall be limited to an amount necessary to defray the cost of rebuilding the facility which exceeds monies received by the school district through insurance, federal reimbursement, contributions and state allocations.
G. Schools which receive gifts or donations or state-appropriated monies for the purpose of capital expenditures or projects shall place such monies in the building fund, as provided by Section 1-118 of this title, and not in the general fund. School districts which receive gifts, grants, or donations of monies for noncapital expenditures may place the monies in the general fund, and such monies shall not be required to be used during the year in which the money was received but may accumulate from year to year and shall not be considered a part of the general fund collections when calculating the general fund carryover as provided for in subsection G of Section 18-200.1 of this title.
H. School districts which receive monies from rental, sale, or lease of buildings, impact aid monies, or grants, gifts or donations for capital purposes, whether from state, federal, or other sources, may place such monies in the building fund authorized by Section 1-118 of this title or the general fund authorized by this section.
I. Any construction of a building included as a capital expenditure from the general fund of a school district which is authorized and has had a contractual agreement concerning such construction executed prior to July 1, 1991, may be proceeded with and completed as authorized prior to July 1, 1991, as a capital expenditure from such general fund.
J. School districts receiving revenues authorized by Section 9B of Article X of the Oklahoma Constitution shall be authorized to make capital expenditures from the general revenue fund no greater than the amount levied by the incentive millage.
K. Upon the approval of the State Board of Education, a school district shall be authorized to make capital expenditures as defined in this section from its general fund if:
1. A bond issue has been rejected at an election by the