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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1941 By: Woolley
AS INTRODUCED
An Act relating to school superintendent elections;
prescribing day and year of general elections for
school superintendents; prescribing day and year of
primaries for school superintendents; specifying
ballot procedures for certain number of candidates;
requiring a candidate to be elected based on primary
results under certain circumstances; providing filing
procedures, requirements, and locations for
declarations of candidacy; establishing candidacy
eligibility requirements; providing voting
registration requirements; requiring local boards of
education to deliver resolution regarding school
superintendent vacancies; specifying resolution
content; prescribing resolution filing periods;
requiring local boards of education to publish notice
and news release of certain elections; construing
publication and news release requirements; clarifying
how boards can fulfill the resolutions and notices
requirements; establishing term for school
superintendent vacancies; providing notification,
declaration, and election processes for vacancies;
allowing appointment by the local board for certain
unfilled vacancies; requiring public comment period
before filling certain vacancies; providing term for
certain appointed vacancies; amending 70 O.S. 2021,
Section 5-106, which relates to the governing body of
a school district; changing reference from appointed
superintendents to elected superintendents;
eliminating reference to board-directed duties;
clarifying duties of elected superintendents;
eliminating provisions related to contractual
agreements; providing compensation requirements for
elected superintendents; allowing two or more school
districts to vote for a shared agreement for certain
superintendents; allowing local boards to discontinue
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shared agreements under certain circumstances;
establishing notification and procedural requirements
for discontinuance; amending 70 O.S. 2021, Section 5-
106A, which relates to employment contracts of
multiple school districts; eliminating references to
superintendents; prohibiting certain employees or
relatives from being eligible to run for school
superintendent; providing exemptions to eligibility
prohibitions; amending 70 O.S. 2021, Section 5-117,
which relates to local boards of education powers and
duties; clarifying references; eliminating references
to contractual superintendents; requiring elected
superintendents to be recognized as certified
administrators for their term of office; providing
for codification; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13A-103.1 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. The general election of the superintendent of schools of
every school district shall be conducted on the first Tuesday after
the first Monday of November in each even-numbered year beginning in
2028.
B. The primary election of the superintendent of schools of
every school district, if necessary, shall be conducted on the
fourth Tuesday of August in each even-numbered year beginning in
2028.
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C. If only two candidates qualify to have their names appear on
the ballot, the names of both candidates shall appear on the ballot
at the superintendent of schools general election.
D. If more than two candidates qualify to have their names
appear on the ballot, the names of all such candidates shall appear
on the ballot at the superintendent of schools primary election. A
candidate receiving more than fifty percent (50%) of the votes cast
in the superintendent of schools primary election shall be elected
to the office. If no candidate receives more than fifty percent
(50%) of the votes cast in the superintendent of schools primary
election, then the two candidates with the highest number of votes
shall appear on the ballot at the superintendent of schools general
election.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13A-105.1 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. Candidates for superintendent of schools of every school
district shall file declarations of candidacy in the same place and
with the same officials as candidates for county office. The
declaration of candidacy to be signed by the candidate shall have an
attachment to be signed by the candidate listing the requirements of
a candidate for election or reelection to as superintendent of
schools for the district, pursuant to Sections 3 and 8 of this act
and Section 5-105a of Title 26 of the Oklahoma Statutes, or any
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succeeding statute, and the candidate shall swear or affirm that he
or she is eligible to run for the office or serve in the office if
elected. Candidates may file on the first Monday in December and
shall file no later than the following Wednesday.
B. Candidates for a superintendent of schools office in a
special election shall file on a Monday and shall file no later than
the following Wednesday that is at least ten (10) days after the
seat has been declared vacant. For school districts located in more
than one county, filing may be either in the county wherein
supervision of the district is located or in the county where the
candidate resides. For school districts that agree to jointly elect
a single superintendent to serve them as a group, pursuant to
Section 5-106 of Title 70 or any succeeding statute, located in more
than one county, filing shall be in the county where the candidate
resides; provided the candidates resident address is within one of
the participating districts.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13A-106.1 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. To be eligible to be a candidate for superintendent of
schools of a school district, a person shall have resided in that
district for at least six (6) months preceding the first day of the
filing period, pursuant to Section 2 of this act or any succeeding
statute, and have been a registered voter registered with the county
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election board at an address located within the geographical
boundaries of the district for six (6) months preceding the first
day of the filing period.
B. To be eligible to vote in a superintendent of schools
election, a person shall be registered with the county election
board at an address located within the geographical boundaries of
the district.
C. To be eligible to vote in a superintendent of schools
election under a superintendent sharing agreement allowed under
Section 5-106 of Title 70 or any succeeding statute, a person shall
be registered with the county election board at an address located
within the geographical boundaries of one of the participating
districts.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13A-109.1 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. The board of education of every school district shall
notify, by resolution, the secretary of the county election board
responsible for certifying its election of any regular or special
election needed to fill the office of superintendent of schools.
B. The resolution calling for an election shall include, but
shall not be limited to, the following information:
1. Date or dates of the election;
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2. Identification of the office, to be filled, qualifications
of candidates for office, and the length of term;
3. Information describing the persons eligible to vote in the
election; and
4. All other information necessary for conducting the election.
C. Resolutions calling for regular elections shall be delivered
to the secretary of the county election board no fewer than fifteen
(15) days preceding the first day of the filing period established
in Section 2 of this act or any succeeding statute. The resolution
shall contain all questions to be voted upon at the election to be
held on the day as required in Section 1 of this act or any
succeeding statute.
D. Resolutions calling for special elections shall be delivered
to the secretary of the county election board no fewer than sixty
(60) days preceding the election. A special filing period, if
necessary, shall be scheduled for three (3) days and shall begin not
more than twenty (20) days following the date the resolution is
required to be submitted to the county election board.
E. 1. The board of education of every school district shall
publish a legal notice for each regular and special election in one
issue of a legal newspaper of the county, as defined by Section 106
of Title 25 of the Oklahoma Statutes or any succeeding statute, in
the county wherein the school district administrative office is
located at least ten (10) days prior to the filing period. The
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board of education of every school district shall also issue a news
release of the upcoming filing period and election to a newspaper of
general circulation in the county wherein the school district
administrative office is located. The legal notice and press
release shall include, but shall not be limited to, the dates of the
filing period for the election or elections for the office of
superintendent of schools. The notice shall also be posted at the
school district administrative offices and county election board
offices.
2. If the notice includes a vacancy declaration on the board of
education of a school district as provided for in Section 5 of this
act or any succeeding statute, the notice shall also be posted on
the school district’s website and distributed via email to parents
and legal guardians of students enrolled in the district.
F. All resolutions and notices required by this section shall
be included in the resolutions and notices required in Section 13A-
109 of Title 26 of the Oklahoma Statutes or any succeeding statute.
The requirements of this section that are fulfilled by such
inclusion shall be considered to have been met. The provision in
subsection E of this section shall not be considered to have been
met unless Section 13A-109 of Title 26 of the Oklahoma Statutes or
any succeeding statute is changed to include the same provision.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13A-110.1 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. Vacancies for superintendent of schools of every school
district shall be filled by an election for the balance of the
unexpired term. A district discontinuing a superintendent sharing
agreement established by Section 5-106 of Title 70 of the Oklahoma
Statutes or any succeeding statute shall not be considered as having
a vacancy. The superintendent of schools for such a district shall
be elected during the next primary or general superintendent of
schools election pursuant to Section 1 of this act or any succeeding
statute.
B. Except as provided for in subsection D of this section, upon
notification of a vacancy for the office of superintendent of
schools, the board of education shall make a vacancy declaration at
its next regularly scheduled meeting, set the filing dates for
declarations of candidacy, and adopt the resolution calling for a
regular or special election as provided for in Section 4 of this act
or any succeeding statutes. If the vacancy is declared within the
first fourteen (14) days of November, the board of education shall
use the regular election process provided for in subsection A of
Section 1 of this act, or any succeeding statute, to fill the
office. If the vacancy is declared at any other time of the year,
the board of education shall call for a special election as provided
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for in subsection C of Section 1 of this act or any succeeding
statute and Section 4 of this act or any succeeding statute. The
special election shall be called on a date established by subsection
B of Section 3-101 of Title 26 of the Oklahoma Statutes or any
succeeding statute, and the special filing period shall be scheduled
as required in subsection D of Section 4 of this act or any
succeeding statute. Persons elected to fill unexpired terms shall
begin those terms at the next regular meeting of the board of
education following the election.
C. If, after the filing period is closed, no candidate for
superintendent of schools has filed and therefore a vacancy is
created, the vacancy shall be filled by appointment by the board of
education; provided, that person appointed by the board meets all
the same requirements of a candidate filing to run for election to
the office. Prior to holding a meeting to fill a vacancy as
required by this subsection, the board of education shall provide a
fourteen-day public comment period during which interested parties
may submit comments via email or on a form provided on the school
district’s website. Additionally, prior to the discussion and
possible vote to fill a vacancy as required by this subsection, the
board of education shall provide for an in-person public comment
period, subject to reasonable time limitations. Persons appointed
to fill vacancies as provided for in this subsection shall be
eligible to serve only for the balance of the term.
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SECTION 6. AMENDATORY 70 O.S. 2021, Section 5-106, is
amended to read as follows:
Section 5-106. A. The governing board of each school district
in Oklahoma is hereby designated and shall hereafter be known as the
board of education of such district. Except as otherwise provided
in this section, the superintendent of schools appointed and
employed by the board elected pursuant to Section 1 of this act or
any succeeding statute shall be the executive officer of the board
and shall perform all executive duties as the board directs needed
to enforce all education-related law in the district under the
Constitution of the United States, the Constitution of the State of
Oklahoma, the laws and regulations of the United States, the laws
and regulations of the State of Oklahoma, and policies of the local
board of education.
B. The board may contract with a superintendent for a term as
mutually agreed upon but not to exceed three (3) years beyond the
fiscal year in which the contract is approved by the board and
accepted by the superintendent. The contract shall include all
other terms and conditions as agreed upon in writing by the board
and the superintendent
1. The annual compensation including salary for the
superintendent of schools, shall be, set on or before every fourth
Tuesday of August in each odd number year by the local board of
education.
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2. The compensation for the superintendent of schools
established by the local board of education shall neither increase
nor decrease more than five percent (5%) in total value, adjusted
for inflation, during the biannual setting of compensation for the
office of superintendent of schools of the district. The
compensation for the superintendent of schools may be reduced in
excess of five percent (5%) if the school district experiences a
budget shortfall of more than five percent (5%) adjusted for
inflation.
C. The boards of two or more school districts may contract with
one superintendent to serve as superintendent of the school
districts as provided in Section 4 of this act vote at regularly
scheduled meetings to enter into a superintendent sharing agreement
where a single superintendent of schools shall be elected to serve
their districts, pursuant to Section 1 of this act or any succeeding
statute. The compensation for the superintendent of schools shall
be collaboratively agreed to, set, and approved by each
participating board of education on or before every fourth Tuesday
of August in each odd-numbered year. A board of education
participating in any such agreement may vote to discontinue sharing
a single superintendent of schools. A vote to discontinue such an
agreement shall take place at least six (6) months before the
biannual setting of the compensation of superintendent of schools.
The board of education to take such a vote shall notify all other
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participating boards of education by either certified mail or
official electronic mail. The superintendent of schools, for the
board of education that discontinues such an agreement, shall be
elected during the immediate next regular election pursuant to
Section 1 of this act or any succeeding statute. The board of
education that discontinues such an agreement shall continue to
govern their district with the shared superintendent of schools
until the superintendent of schools is sworn into office during the
first regular board of education meeting after the superintendent of
schools general election.
D. No board of a school district having average daily
membership (ADM) of fewer than five hundred (500) pupils shall be
prohibited from allowing a superintendent to serve simultaneously as
a principal.
E. The chief executive officer of the board of education of a
district in which a public developmental research school is
established shall be the director of the school appointed as
provided in Section 1210.577 of this title.
SECTION 7. AMENDATORY 70 O.S. 2021, Section 5-106A, is
amended to read as follows:
Section 5-106A. A superintendent, An administrator, teacher, or
person providing support services may contract with more than one
school district to serve as superintendent, administrator, or
teacher, as appropriately qualified, or to provide support services
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for each contracting district. The contract may be mutual with all
the districts as parties, or the contracts may be separate;
provided, that a superintendent, an administrator, teacher, or
person providing support services may not enter into contracts with
more than one school district without the assent and knowledge of
all the school districts with which they are contracting. The
districts who contract either mutually or separately with a
superintendent, an administrator, or teacher, or with a person to
provide support services may enter into agreements upon such terms
and conditions as the parties may agree and may include terms
related to the division of payments for items including, but not
limited to, payment of benefits or travel for the superintendent,
administrator, teacher, or person providing support services.
Unless otherwise provided by contract, each district shall pay into
the Teachers’ Retirement System of Oklahoma the district’s pro rata
share of the payment required to be paid into the System on behalf
of the employee.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-113.3 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Except as otherwise provided in this section, no person
shall be eligible to be a candidate for or serve as superintendent
of schools of a district if the person is currently employed by the
school district governed by the board of education of that district
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or is related within the second degree by affinity or consanguinity
to any member of that board of education or to any employee of the
school district governed by that board of education. The purpose of
this section is both to prohibit persons who are related within the
second degree by affinity or consanguinity from serving
simultaneously in governing the same school district of this state
and to prohibit persons who are related within the second degree of
consanguinity or affinity to an employee of a school district from
serving as the superintendent of schools governing the school
district while such relative is employed, except as otherwise
provided in this section.
B. The prohibitions set forth in this section shall not apply
if:
1. The person related to the superintendent of schools within
the second degree of affinity or consanguinity is employed as a
substitute teacher by the school district, pursuant to the
provisions of Section 6-105 of Title 70 of the Oklahoma Statutes or
any succeeding statute, or as a temporary substitute support
employee if the school district has an Average Daily Membership
(ADM) of less than five thousand (5,000); or
2. The school district has an Average Daily Membership (ADM) of
less than four hundred (400), the board of education has adopted a
policy providing for such candidate eligibility, and the
superintendent of schools who is related within the second degree by
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affinity or consanguinity to any employee of the school district
governed by the board of education complies with the provisions of
subsection E of Section 5-113.1 of Title 70 of the Oklahoma Statutes
or any succeeding statute.
SECTION 9. AMENDATORY 70 O.S. 2021, Section 5-117, is
amended to read as follows:
Section 5-117. A. The board of education of each school
district shall have power to:
1. Elect its own officers; provided that the chair of the board
authorized in Section 5-107B of this title, or any succeeding
statute, shall be elected by the electors of the school district;
2. Make rules, not inconsistent with the law or rules of the
State Board of Education, governing the board and the school system
of the district, including converting all or part of a traditional
public school to a conversion school;
3. Maintain and operate a complete public school system of such
character as the board of education shall deem best suited to the
needs of the school district;
4. Designate the schools to be attended by the children of the
district;
5. Provide and operate, when deemed advisable, cafeterias or
other eating accommodations, thrift banks or other facilities for
the teaching and practice of thrift and economy, bookstores, print
shops, and vocational and other shops;
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6. Provide informational material concerning school bond
elections and millage elections, including but not limited to all
pertinent financial information relative to the bond issue, a
statement of revenue sources necessary to retire proposed bonds, a
statement of current bonded indebtedness of the school district, and
a statement of proposed use of funds to be generated by the proposed
bond issue. The informational material shall not contain the words
“vote yes” or “vote no” or any similar words or statement any place
on such informational material;
7. Purchase, construct or rent, and operate and maintain,
classrooms, libraries, auditoriums, gymnasiums, stadiums, recreation
places and playgrounds, teacherages, school bus garages,
laboratories, administration buildings, and other schoolhouses and
school buildings, and acquire sites and equipment for the operation
of public schools or conversion schools;
8. a. Insure the school district or its employees against
any loss, damage or liability as defined by Sections
702 through 708 of Title 36 of the Oklahoma Statutes,
or any succeeding statute, or other forms of insurance
provided for in Title 36 of the Oklahoma Statutes.
b. Subject to the restrictions of liability in the
Governmental Tort Claims Act:
(1) insure the school district against all or any
part of any liability it may incur for death,
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injury or disability of any person, or for damage
to property, either real or personal,
(2) insure any employee of the school district
against all or any part of the employee’s
liability for injury or damage resulting from an
act or omission in the scope of employment, or
(3) insure against the expense of defending a claim
against the school district or its employee,
whether or not liability exists on such claim.
c. As used in this subsection, “employee” means any
person who has acted in behalf of a school district,
whether that person is acting on a permanent or
temporary basis with or without being compensated or
on a full-time or part-time basis. Employee also
includes all elected or appointed officers, members of
governing bodies of a school district, and persons
appointed, and other persons designated by a school
district to act in its behalf.
d. The cost or premium of any such insurance is a proper
expenditure of the school district.
e. Any insurance authorized by law to be purchased,
obtained or provided by a school district may be
provided by:
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(1) self-insurance, which may be, but is not required
to be, funded by appropriations to establish or
maintain reserves for self-insurance purposes.
Any self-insurance reserve fund shall be
nonfiscal and shall not be considered in
computing any levy when the school district makes
its annual estimate for needed appropriations,
(2) insurance in any insurer authorized to transact
insurance in this state,
(3) insurance secured in accordance with any other
method provided by law, or
(4) any combination of insurance authorized by this
section.
f. Two or more school districts or public agencies, by
interlocal agreement made pursuant to the Interlocal
Cooperation Act, may provide insurance for any purpose
by any one or more of the methods specified in this
section. The pooling of self-insured reserves, claims
or losses among governments as authorized in this
section shall not be construed to be transacting
insurance nor otherwise subject to the provisions of
the laws of this state regulating insurance or
insurance companies, except as to the provisions of
Section 607.1 of Title 36 of the Oklahoma Statutes, or
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any succeeding statute. Two or more school districts
may also be insured under a master policy or contract
of insurance. Premium costs may be set individually
for each school district or apportioned among
participating school districts as provided by the
master policy or contract;
9. Acquire property by condemnation proceedings in the same
manner as land is condemned for railroad purposes. School district
funds may be used to erect buildings on leased land on which other
buildings have been erected prior to April 3, 1969, or on land which
is leased from a governmental entity;
10. Lease real or personal property to the state or any
political subdivision thereof or a not-for-profit entity operating
pursuant to Section 868 of Title 18 of the Oklahoma Statutes or any
succeeding statute for nominal cash consideration for so long as the
use of the property by the lessee substantially benefits, in whole
or in part, the same public served by the school district;
11. a. Dispose of personal or real property no longer needed
by the district by sale, exchange, lease, lease-
purchase, sale and partial lease back, or otherwise.
Real property shall be conveyed pursuant to a public
sale, public bid, or private sale; provided however,
unless otherwise prohibited by law, the board of
education of a consolidated or annexed school district
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or any other school district may convey real property
to a local political subdivision or to an educational
institution within The Oklahoma State System of Higher
Education or to a housing authority formed pursuant to
the provisions of Section 1057 of Title 63 of the
Oklahoma Statutes, or any succeeding statute, without
consideration. Prior to the sale of any real
property, the board of education shall have the real
property appraised. The appraisal shall be
confidential until the real property is sold. When
the real property is sold, the board of education
shall make the appraisal available for public
inspection. Prior to the conveyance of any real
property by private sale, the board of education shall
have offered the real property for sale by public sale
or public bid. Any conveyance of real property by
private sale to a nonprofit organization, association,
or corporation to be used for public purposes, unless
for exchange, shall contain a reversionary clause
which returns the real property to the board of
education upon the cessation of the use without profit
or for public purposes by the purchaser or the assigns
of the purchaser,
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b. If a board of education makes the decision to dispose
of real or personal property that is leased at the
time the decision is made, whether such disposal is by
public sale, public bid or private sale, the lessee
shall have a right of first refusal to purchase the
property on the following terms and conditions:
(1) if a board of education receives a bid or offer
in a public sale, public bid or private sale for
any real or personal property that it desires to
accept, then it shall provide notice to the
lessee of the property. The notice shall include
the identity of the prospective purchaser of the
property, the terms and conditions of the
proposed sale and the purchase price to be paid
by the prospective purchaser, and
(2) the lessee shall have thirty (30) days after
receipt of the notice to inform the board of
education that it elects to purchase the property
on the same terms and conditions set forth in the
notice, in which event the board of education
shall convey the property to the lessee on all
the same terms and conditions set forth in the
notice; provided, however, that if any portion of
the consideration included in the purchase price
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set forth in the notice is not in cash, then the
lessee shall be entitled to pay the fair market
value in cash of such noncash consideration;
12. Purchase necessary property, equipment, furniture and
supplies necessary to maintain and operate an adequate school
system;
13. Incur all expenses, within the limitations provided for by
law, necessary to perform all powers granted by the provisions of
this section;
14. Contract with and fix the duties and compensation of
physicians, dentists, optometrists, nurses, attorneys,
superintendents, principals, teachers, bus drivers, janitors and
other necessary employees of the district;
15. Establish a written policy for reimbursement of necessary
travel expenses of employees and members of the board. The policy
may include in-district travel from the site of employment
assignment which is necessary in the performance of employment
duties. The written policy shall specify procedures, contain
documentation requirements, and may include payment of meal expenses
during authorized travel on a per diem allowance basis rather than
itemized documentation;
16. Pay necessary travel expenses and other related expenses of
prospective employees for sponsored visits to the school district
pursuant to a written policy specifying procedures containing
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documentation requirements equal to or greater than the requirements
specified by law for state employees in the State Travel
Reimbursement Act;
17. Provide for employees’ leaves of absence without pay;
18. Exercise sole control over all the schools and property of
the district, subject to other provisions of the Oklahoma School
Code;
19. Allow district-owned school buses to be used for
transportation of students from other districts or educational
institutions while within the district on educational tours. This
shall not restrict the authority of the board to authorize any other
use of such buses which may now be permitted by law or rule of the
State Board of Education;
20. Enter into contractual agreements with the board of
trustees of a multicounty library system, as defined in Section 4-
103 of Title 65 of the Oklahoma Statutes, or any succeeding statute,
a city-county library commission, as defined in Section 152 of Title
65 of the Oklahoma Statutes, or any succeeding statute, or a rural
single county library system, as defined in Section 1-104 of Title
65 of the Oklahoma Statutes, or any succeeding statute, on such
terms as may be mutually agreed, except no district board of
education may enter into any agreement under which the library
services for the school would be provided at any site other than the
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school site or which would result in library services that do not
meet accreditation standards as required by law or rule;
21. Perform all functions necessary to the administration of a
school district in Oklahoma as specified in the Oklahoma School
Code, and in addition thereto, those powers necessarily implied but
not delegated by law to any other agency or official;
22. Prepare and distribute at the expense of the school
district any and all material which has the purpose of informing the
public about district activities;
23. Solicit and accept any gift, grant, or donation of money or
property for the use of the school district. Any gift, grant, or
donation of money may be deposited in the general fund or building
fund of the school district; and
24. Pay necessary meal and lodging expenses of school district
students and sponsors involved in authorized school-sponsored
cocurricular activities. The board of education shall establish a
written policy for reimbursement of necessary meal and lodging
expenses of school district students and sponsors. The written
policy shall specify procedures, contain documentation requirements,
and designate the funds from which reimbursement may be made.
Reimbursement may be made from the General Fund.
B. The board of education of any school district may rent real
and personal property, if such items are necessary for the operation
of the school, and pay the rental charges for the usage during any
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fiscal year, or portion thereof, out of appropriations made and
approved for current expense purposes during the fiscal year. Any
rental contract extending beyond June 30 of the fiscal year shall be
void unless it contains provisions for mutual ratification of
renewal pursuant to the conditions provided for in this subsection.
It is the intent of this subsection to authorize boards of education
to enter into lease contracts but not to incur any obligation
against the school district in excess of the income and revenue
provided for such purposes for the fiscal year in which the lease
contract is operative. Any lease or lease-purchase agreement
entered into by any board of education shall state the purchase
price of real or personal property so leased. The lease or lease-
purchase shall not be extended so as to cause payment of more than
the original purchase price of the real or personal property, plus
interest not to exceed the legal rate. When the purchase price plus
interest has been paid, the property shall belong to the lessee and
the lessor shall deliver a deed or bill of sale to the property to
the lessee. When any real or personal property has been leased or
rented during any fiscal year pursuant to the provisions of any
contract which permits continuance of the rental for the remainder
of the fiscal year, the renting or leasing of the property shall be
continued for the remainder of the fiscal year unless the board of
education renting or leasing the same certifies by proper resolution
entered in the minutes of the board of education that the
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continuance of the rental is unnecessary and contrary to the public
interest. Any lease-purchase agreement entered into shall include
the right of a school district to acquire buildings, equipment or
other facilities or discrete components thereof or improve school
sites through a lease-purchase agreement. A school district may use
proceeds derived from the sale of bonds as authorized by Section 26
of Article X of the Oklahoma Constitution to make lease-purchase
payments, including interest, under a lease-purchase agreement. For
purposes of this subsection, the term “acquired” as used in Section
26 of Article X of the Oklahoma Constitution shall mean the
possession, control, or power to dispose of personal or real
property.
C. The boards of education of two or more school districts may
enter into cooperative agreements and maintain joint programs
including, but not limited to, courses of instruction for
handicapped children, courses of instruction in music and other
subjects, practical instruction for trades and vocations, practical
instruction in driver training courses, and health programs
including visual care by persons legally licensed for such purpose,
without favoritism as to either profession. The revenues necessary
to operate a joint program approved in cooperative agreements,
whether from federal, state or local sources, including the
individual contributions of participating school districts, shall be
deposited into a fund separate from all other appropriated funds.
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The beginning fund balance each year, combined with all actual
revenues, including collected and estimated revenues, must be
appropriated before being expended. Purchase orders shall be issued
against available appropriations and, once goods or services have
been received, either payable or nonpayable warrants shall be issued
in payment of all purchase orders. The fund shall be reported as a
separate appropriated fund in all the financial reports of the
school district which is chosen by the other school districts to
keep the accounting records of the joint program.
D. The boards of education of two or more school districts may
enter into a mutual contract or separate contracts with a
superintendent, an administrator, or teacher, or with a person to
provide support services, to serve as superintendent, administrator,
or teacher, as appropriately qualified, or to provide support
services, for each contracting district upon such terms and
conditions as the parties may agree. Nothing in this section shall
be construed to authorize or require annexation or consolidation of
any school districts or the closing of any school site except
pursuant to law as set forth in Section 7-101 et seq. of this title
or any succeeding statutes.
E. Any school district may operate or maintain a school or
schools on any military reservation which is within the boundaries
of the school district or which is adjacent to the school district,
and provide the instruction in the school or schools to children of
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personnel on the military reservation and, in doing so, shall
conform to all federal laws and requirements.
F. The board of education of each school district shall adopt
and maintain on file in the office of the superintendent of schools
appropriate personnel policy and sick leave guide. The guide shall
be made available to the public.
G. The board of education of any school district with an
average daily membership of thirty thousand (30,000) or more and all
or part of which school district is located in a county having more
than five hundred thousand (500,000) population according to the
latest Federal Decennial Census may contract with a public or
private nonsectarian entity for that entity to provide educational
and administrative services for the school district. The
educational services provided by a contracting entity may include
but are not limited to the delivery of instructional service in core
and noncore academic subjects to the students enrolled in the school
district at one or more school sites or parts of sites within the
district pursuant to the terms of an educational services contract.
All educational service providers and their employees and
representatives and all educational and administrative services
provided under an educational services contract shall be exempt from
all statutes and rules relating to schools, boards of education and
school districts to the same extent that a charter school is exempt
under the Oklahoma Charter Schools Act. For all purposes including
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but not limited to attendance, funding from all sources and
accountability, all students who are provided services by a
contracting entity pursuant to an educational services contract
shall at all times be and remain students of the school district.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5-108A of Title 70, unless there
is created a duplication in numbering, reads as follows:
Candidates who win election to the office of superintendent of
schools shall be recognized by the State Board of Education as
certified as an administrator as required by Section 1-116 of Title
70 of the Oklahoma Statutes or any succeeding statute. The
superintendent shall no longer be recognized by the State Board of
Education as certified under this section at the end of their tenure
in office.
SECTION 11. This act shall become effective July 1, 2025.
SECTION 12. 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.
60-1-11351 SW 01/16/25