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ENGROSSED HOUSE
BILL NO. 1491 By: Johns, Moore, Provenzano,
Munson, and Waldron of the
House
and
Reinhardt of the Senate
An Act relating to education; amending 70 O.S. 2021,
Section 3-102, which relates to meetings of the State
Board of Education; authorizing members to add items
to agendas; providing procedure for adding requested
item to an agenda; amending 70 O.S. 2021, Sections 5-
107B and 5-118, which relate to school district
boards of education; authorizing members to add items
to agendas; providing procedure for adding requested
item to an agenda; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-102, is
amended to read as follows:
Section 3-102. A. The State Board of Education shall meet in
regular session once each month. Special meetings may be called by
the president or by a majority of the members of the Board.
B. Upon written request by at least two members of the Board,
any member of the Board shall be authorized to place an item on a
Board agenda. The item shall be placed on the agenda for the next
meeting or a subsequent meeting, as decided by the requesting
members, in accordance with the Oklahoma Open Meeting Act.
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SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-107B, is
amended to read as follows:
Section 5-107B. A. The board of education of a district with
an average daily membership (ADM) of more than thirty thousand
(30,000) students may be expanded to add a member who shall be
elected at large for a term of four (4) years and who shall serve as
chair of the board. The chair of the board position may be added
upon a majority vote of the district board of education to add the
position. If the board opts to add the chair of the board position,
the chair of the board shall be elected at the next regular election
of board members, held pursuant to Section 13A-103 of Title 26 of
the Oklahoma Statutes, following the decision of the board.
B. The chair of the board of education shall possess the same
qualifications as required for other board members, shall assume
office as provided for other members of the board of education,
shall be a full, voting member of the board, and shall count for
purposes of a quorum or a majority, or other requirements based on
number of members on the board. The chair shall preside at all
meetings of the board of education in accordance with rules of
parliamentary procedure which have been adopted by a majority vote
of the board, provided that, in the absence of rules adopted by the
board, the chair shall determine and set forth the rules of
parliamentary procedure that shall apply at board meetings; assemble
and control the agenda for board meetings, provided that, upon
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approval of a majority of the members of the board, an item shall be
placed on the agenda for the same or a subsequent meeting, in
accordance with the Oklahoma Open Meeting Act except as provided by
subsection B of Section 5-118 of this title; appoint all committees
whose appointment is not otherwise provided for by law; and shall
sign all warrants ordered by the board of education to be drawn upon
the treasurer for school money. The chair of the board shall
possess all powers otherwise provided by law for a member of a board
of education, all powers provided by law for the president of a
board of education, and such other lawful powers as may be conferred
upon the chair by majority vote of the board. The chair shall
receive compensation and benefits as conferred upon other members of
the district board of education.
C. For a district in which a chair of the board has been
elected, the district board of education, during the meeting at
which the chair of the board assumes office, shall elect a vice-
chair who shall serve a one-year term and until a successor is
elected and qualified. The vice-chair shall perform all duties of
the chair of the board in case of the chair's absence or disability.
The board shall also elect clerks and deputies as provided in
Section 5-119 of this title. The board shall not elect a president
or vice president.
D. If a district board of education is expanded to include the
chair of the board position, the chair of the board position shall
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not be abolished except by a majority vote of the voters of the
school district voting on such question at a special election called
for that purpose. The question may be presented only upon a
resolution adopted by three-fourths (3/4) of the board membership or
upon petition for an election on the question, that complies with
the requirements for petition and election set forth in Section 7-
101 of this title. If the question is approved, the chair of the
board position shall be abolished at the end of the term of the
chair who holds the office when the election is held or upon the
chair's resignation or vacancy of the office following the election
on the question.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 5-118, is
amended to read as follows:
Section 5-118. A. Regular meetings of the board of education
of each school district shall be held upon the first Monday of each
month, or upon such day as may be fixed by the board. Special
meetings may be held from time to time as circumstances may demand.
B. Upon written request by at least two members for boards of
five or more members and one member of boards with four or fewer
members, any member of the board shall be authorized to place an
item on a board agenda. The item shall be placed on the agenda for
the next meeting or a subsequent meeting, as decided by the
requesting member or members, in accordance with the Oklahoma Open
Meeting Act. For the purposes of this subsection, the calculation
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of the number of members of a board shall exclude any vacant
positions.
C. All meetings of the boards of education shall be public
meetings, and in all such meetings the vote of each member must be
publicly cast and recorded. Executive sessions will be permitted
only for the purpose of discussing the employment, hiring,
appointment, promotion, demotion, disciplining, or resignations of
any or all of the employees or volunteers of the school district,
and for the purpose of discussing negotiations concerning employees
and representatives of employee groups, and for the purpose of
hearing evidence and discussing the expulsion or suspension of a
student or students only when requested by the student involved or
his or her parent, attorney, or legal guardian; provided, however,
that any vote or action thereon must be taken in a public meeting
with the vote of each member publicly cast and recorded. It is
required that the board of education shall provide notice to the
student, his or her parent, attorney or legal guardian that said
student is entitled to an executive session regarding the discussion
of expulsion or suspension of said student.
D. Any action taken in violation of the provisions of this act
shall be invalid.
E. Each member of the board of education of a school district
with an average daily attendance exceeding fifteen thousand (15,000)
or a school district where boundaries encompass a total population
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exceeding one hundred thousand (100,000) persons according to the
last preceding Federal Decennial Census may be paid from the
district's general fund a stipend of Twenty-five Dollars ($25.00)
for each regular, special or adjourned meeting of the board of
education that he or she attends, but not for more than four
meetings in any calendar month.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 26th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate