ENGROSSED HOUSE
BILL NO. 2927	By:	Coody, Fields, Blackwell, Peterson, Kern and Cannaday of the House

				and

		Ford of the Senate

( schools - emergency exemptions - criteria for a financial crisis – codification – 		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 3-129 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  In addition to granting exemptions as provided for in the Educational Deregulation Act, the State Board of Education may grant emergency exemptions to any or all school districts from any educational-related statutory and regulatory requirement which the Board determines is necessary.  
B.  The Board may grant emergency exemptions for the fiscal year ending June 30, 2011, and any other year upon a determination by the Board that a school district or all school districts in the state are experiencing a financial crisis.  For purposes of this section a financial crisis shall mean a school district or all school districts in the state has a reduction in total revenue from the preceding fiscal year.  The Board may establish additional criteria for defining a financial crisis as deemed necessary.
C.  The Board may grant an emergency exemption on an individual school site basis, a school-district-wide basis or may grant a statewide emergency exemption for all school districts in the state.  Individual school site or school district emergency exemptions shall be considered upon application by the school district.  Prior to submission to the Board, an application for an individual school site or school district emergency exemption shall be approved by more than fifty percent (50%) of the certified employees employed at the grade level, in the program, at the school site or in the district as applicable.  Statewide emergency exemptions may be initiated by application of five or more school districts or upon the initiative of the Board.
D.  An emergency exemption from any educational-related statutory or regulatory requirement may be granted if the Board determines that the requirement is affecting the ability of a school district to maintain effective educational programming.  A school district or school site shall not be granted an emergency exemption from any federal educational-related requirements, health and safety provisions, teacher salary, retirement or health insurance requirements, the Oklahoma School Testing Program, the Oklahoma Educational Indicators Program, teacher preparation, examination, licensure, certification, residency and professional development system and curricular standards for the instruction of students.
E.  Emergency exemptions shall be granted for no longer than one (1) year.  The Board shall review each emergency exemption that has been granted prior to expiration to determine if a financial crisis still exists and if the exemption shall be extended for one (1) additional year.  The Board may extend an emergency exemption more than one time, as long as a financial crisis exists.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and 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 10th day of March, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2010.

	
Presiding Officer of the Senate