ENROLLED HOUSE
BILL NO. 1137	By:	Miller and Martin (Scott) of the House
		
				and
	
		Johnson (Mike) and Myers of the Senate

An Act relating to education; amending Sections 1 and 2 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature, which relate to appropriations; modifying funding amounts; authorizing certain expenditures; stating purpose; exempting certain funds from fiscal year limitations; specifying apportionment of certain funds which were appropriated; providing for the budgeting of funds in certain categories and amounts; requiring development of certain performance measures; requiring transfer of funds to the School Consolidation Assistance Fund; requiring transfer of funds to the Teachers’ Retirement System Dedicated Revenue Revolving Fund; providing that certain allocated funds be made available on a statewide competitive application basis; requiring the transfer of funds to the Teachers’ Retirement System of Oklahoma for the Teachers’ Retirement Credit; requiring funds allocated for Education Leadership Oklahoma to be transferred and expended for certain purposes; specifying purposes for funds allocated for Staff Development; authorizing use of funds for school districts for certain purpose; stating purposes for funds allocated for Alternative and High Challenge Education; requiring certain funds be allocated on a competitive basis; prohibiting reduction in services and number of students in certain circumstances; requiring transfer of Early Intervention funds; stating intent regarding cost reimbursement for indirect administrative costs in the Oklahoma Early Intervention Act; stating purpose for funds allocated for ACE remediation; stating purpose for funds allocated for the Early Childhood Initiative; stating purpose for funds allocated for the Parent Training Program; specifying expenditure of funds allocated for the Advanced Placement Incentives; limiting funding for administrative costs; stating purpose for funds allocated for certain Middle School Mathematics Laboratories programs; stating purpose for funds allocated for certain Academic Achievement Awards programs; stating purpose for funds allocated for Rural Infant Stimulation Environment Program; requiring certain apportionment of funds allocated for Instructional, Cooperative and Technological Education; requiring funds to be awarded to certain entities; stating purpose for funds allocated for the Robotics Program; requiring transfer of funds to the Charter Schools Incentive Fund; stating purpose for Recreation Therapy Grants; requiring priority be given to certain programs; requiring funds allocated for the Oklahoma Ambassador of Teaching to be used for certain purposes; requiring funds allocated for Administrative and Support Functions of the State Department of Education to be expended for certain purposes; making specifications; providing for duties and compensation of employees of the State Department of Education; providing budgetary limitations; providing designations for the State Department of Education’s full-time-equivalent employees; requiring filing of certain report; providing for responsibilities of certain designated employees of the Department; requiring the reduction or withholding of State Aid funds for certain purposes; authorizing the State Board of Education to request certain transfer of funds; providing for certain proportional reduction of funds; requiring budgeting of certain funds in certain years; providing lapse dates; requiring certain budgeting procedures; prohibiting certain budgeting procedures; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY       Section 1 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature, is amended to read as follows:

Section 1.  There is hereby appropriated to the State Board of Education from any monies not otherwise appropriated from the General Revenue Fund of the State Treasury for the fiscal year ending June 10, 2010, the sum of One Billion One Hundred Eighty-one Million Five Hundred Ninety-four Thousand Four Hundred Dollars ($1,181,594,400.00) One Billion One Hundred Eighty-one Million One Hundred Ninety-four Thousand Four Hundred Dollars ($1,181,194,400.00) or so much thereof as may be necessary for the financial support of public schools.

SECTION 2.     AMENDATORY       Section 2 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature, is amended to read as follows:

Section 2.  There is hereby appropriated to the State Board of Education from any monies not otherwise appropriated from the Education Reform Revolving Fund created in Section 41.29b of Title 62 of the Oklahoma Statutes, the sum of Six Hundred Thirty-three Million One Hundred Eighty-four Thousand Nine Hundred Seventy-seven Dollars ($633,184,977.00) Six Hundred Thirty-three Million Five Hundred Eighty-four Thousand Nine Hundred Seventy-seven Dollars ($633,584,977.00) or so much thereof as may be necessary for the financial support of public schools.

SECTION 3.  The State Board of Education is hereby authorized to expend from the Education Stabilization component of the American Recovery and Reinvestment Act Fund (“490 Fund”), the sum of One Hundred Sixty-seven Million Five Hundred Fifty-nine Thousand Six Hundred Fifty-one Dollars ($167,559,651.00) or so much thereof as may be necessary to perform the duties imposed upon the State Board of Education by law.

SECTION 4.  The expenditure authorized by Section 3 of this act shall not be subject to fiscal year limitations and shall be available for encumbrance and expenditure purposes for a period of thirty (30) months from the effective date of this act.

SECTION 5.  For the fiscal year ending June 30, 2010, the support of public school activities by the State Board of Education payable from monies appropriated and authorized by Sections 1 through 9 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature shall be apportioned as follows:

1.  Funds appropriated and authorized by Sections 1 through 5 and 8 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature:

Local and State-supported Financial Support of Public Schools	$1,882,300,431.00

SUBTOTAL, PARAGRAPH 1	$1,882,300,431.00

2.  Funds appropriated by Sections 6 and 7 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature:

Certified Employee Health Benefit Allowance	$218,503,545.00

Support Personnel Health Benefit Allowance	$97,006,230.00

Teachers’ Retirement Credit	$35,311,375.00

Education Leadership Oklahoma	$14,137,967.00

Mentor Teacher Stipends	$700,000.00

Staff Development	$16,330,174.00

Purchase of Textbooks and Instructional Materials	$33,000,000.00

Alternative and High Challenge Education	$19,378,231.00

Early Intervention	$16,323,919.00

ACE Remediation 	$8,617,800.00

Early Childhood Initiative	$10,000,000.00

Parent Training Program	$2,045,709.00

Advanced Placement Incentives	$3,111,169.00

Middle School Mathematics Laboratories	$2,500,000.00

School Lunch Matching	$4,601,288.00

School Lunch Programs	$359,000.00

Academic Achievement Awards	$4,962,340.00

Adult Education Matching	$2,315,297.00

Rural Infant Stimulation
	Environment Program	$600,000.00

Summer Arts Institute	$447,076.00

Driver Education	$442,547.00

Instructional, Cooperative and Technological Education	$485,017.00

School/Community Network for Arts-in-Education	$113,379.00

Robotics Program	$100,000.00

Charter Schools Incentive Fund	$50,000.00

AG in the Classroom	$43,788.00

Recreation Therapy Grants	$35,000.00

Oklahoma Ambassador of Teaching	$33,277.00

SUBTOTAL, PARAGRAPH 2	$491,554,128.00

3.  Funds appropriated by Section 9 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature:

Administrative and Support Functions
  of the State Department of Education	$24,255,542.00

SUBTOTAL, PARAGRAPH 3	   $24,255,542.00

TOTAL State School Aid and Programs	$2,398,110,101.00

SECTION 6.  For the fiscal year ending June 30, 2010, the State Board of Education shall budget all funds in the following categories and amounts:

	Category	Total

Payroll, Salaries or Wages, Including Tax-sheltered Deferment Contracts and Longevity Payments Authorized by State Statutes 	$   17,196,358.00

Professional and Personal Services Contracts	74,480,811.00

Purchase of Equipment	4,000,000.00

Lease-Purchase Agreements	500,000.00

Other Operating Funds	74,000,000.00

Expenditure of Federal Funds	 1,424,366,010.00

TOTAL								     $3,992,653,280.00

The agency shall develop outcome-based performance measures for each budget category.

SECTION 7.  The funds appropriated in Section 10 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature in the amount of Three Million One Hundred Sixty-eight Thousand Seven Hundred Twenty-five Dollars ($3,168,725.00) shall be transferred to the School Consolidation Assistance Fund.

SECTION 8.  The funds appropriated in Section 11 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature in the amount of Three Million One Hundred Sixty-eight Thousand Seven Hundred Twenty-five Dollars ($3,168,725.00) shall be transferred to the Teachers’ Retirement System Dedicated Revenue Revolving Fund.

SECTION 9.  Funds allocated in Section 5 of this act for Parent Training Program, Advanced Placement Incentives, Middle School Mathematics Laboratories, Community Education and the Robotics Program shall be made available on a statewide competitive application basis as specified.

SECTION 10.  The funds allocated in Section 5 of this act specifically for the purpose of funding the Teachers’ Retirement Credit shall be transferred to the Teachers' Retirement System of Oklahoma.

SECTION 11.  The funds allocated in Section 5 of this act for the purpose of funding Education Leadership Oklahoma shall be expended as follows:

1.  One Million Two Hundred Five Thousand Three Hundred Seven Dollars ($1,205,307.00) shall be transferred to the Education Leadership Oklahoma Revolving Fund created in Section 6-204.3 of Title 70 of the Oklahoma Statutes and shall be expended for the purpose of providing assistance and scholarships;

2.  Eight Million Three Hundred Thirty-two Thousand Six Hundred Sixty Dollars ($8,332,660.00) shall be transferred to the Oklahoma National Board Certification Revolving Fund created in Section 6-204.4 of Title 70 of the Oklahoma Statutes for the purpose of awarding annual bonuses as directed; and

3.  Four Million Six Hundred Thousand Dollars ($4,600,000.00) shall be transferred to the Oklahoma School Psychologist, Speech-Language Pathologist, and Audiologist National Certification Revolving Fund created in Section 6-206.1 of Title 70 of the Oklahoma Statutes for the purpose of awarding annual bonuses as directed.

The remaining funds in the Education Leadership Oklahoma Revolving Fund shall be used to provide program development and evaluation by the Oklahoma Commission for Teacher Preparation and curriculum enhancement and monitoring programs for teacher applicants on a contractual basis with an institution within The Oklahoma State System of Higher Education.

SECTION 12.  The funds allocated in Section 5 of this act for Staff Development shall be expended for teacher training, in-service teacher education and staff development plans as follows:

1.  One Million One Hundred Twenty-one Thousand Seven Hundred Fifty-six Dollars ($1,121,756.00) for scholarships to the Great Expectations Summer Institutes for Teachers offered by an institution within The Oklahoma State System of Higher Education pursuant to the provisions of Section 6-194.2 of Title 70 of the Oklahoma Statutes;

2.  Three Million Twenty-nine Thousand Nine Hundred Seventy-eight Dollars ($3,029,978.00) shall be transferred to the Professional Development Institutes Revolving Fund created in Section 6-204.5 of Title 70 of the Oklahoma Statutes and shall be expended for the purpose of developing, offering and administering professional development institutes in reading for elementary school teachers as directed in Section 6-200 of Title 70 of the Oklahoma Statutes.  Of these funds, the sum of Five Hundred Thousand Dollars ($500,000.00) shall be expended for the purpose of funding grants for schoolwide professional development to implement comprehensive reading reform and systemic change pursuant to subsection D of Section 6-200 of Title 70 of the Oklahoma Statutes;

3.  Seven Million One Hundred Three Thousand Four Hundred Four Dollars ($7,103,404.00) for costs associated with multiple ongoing assessments and remediation pursuant to the provisions of Section 1210.508D of Title 70 of the Oklahoma Statutes;

4.  Nine Hundred Seventy-seven Thousand Seven Hundred Sixty-two Dollars ($977,762.00) for a comprehensive professional development program for teachers and other school personnel on neurodevelopmentally-based student learning differences.  The program shall provide research-based knowledge and skills training to help educators recognize, understand and manage students with differences in learning.  The Board shall select a public, private, or nonprofit provider on a competitive-bid basis to conduct the program;

5.  Four Hundred Six Thousand Five Hundred Forty-four Dollars ($406,544.00) to continue research-based professional development for teachers through the Oklahoma Technical Assistance Center;

6.  Six Hundred Sixty-three Thousand Seven Hundred Eighty-five Dollars ($663,785.00) for the purpose of expanding the number of elementary schools which utilize the Oklahoma A+ Schools Art Program offered through an institution within The Oklahoma State System of Higher Education;

7.  Seven Hundred Thousand Dollars ($700,000.00) for the purpose of implementing the Oklahoma Mathematics Improvement Program established pursuant to the provisions of Section 6-207 of Title 70 of the Oklahoma Statutes; and

8.  Any remainder shall be allocated on an average daily attendance basis for the purpose of teacher education and staff development pursuant to rules promulgated by the State Board of Education.  Not more than five percent (5%) of the funds allocated by average daily attendance for Staff Development may be used by local districts for the administration of the staff development program.

SECTION 13.  The funds allocated in Section 5 of this act for Alternative and High Challenge Education shall be expended for the purpose of operating the statewide system of alternative education programs as provided in Section 1210.568 of Title 70 of the Oklahoma Statutes, and for encouraging school districts to participate in innovative alternative education programs.  The funds shall be expended as follows:

1. Sixteen Million Eight Hundred Forty-four Thousand One Hundred Dollars ($16,844,100.00) for programs;

2.  One Million Two Hundred Ninety Thousand Sixty-five Dollars ($1,290,065.00) for program evaluation, technical assistance and staff development conducted by the technical assistance provider contracted as provided for in Section 1210.568 of Title 70 of the Oklahoma Statutes;

3.  One Hundred Seventy-five Thousand Eighty-Five Dollars ($175,085.00) for an arts component;

4.  Two Hundred Thirty-five Thousand Two Hundred Fifty Dollars ($235,250.00) for a Truancy Diversion Program in a large urban county selected by the State Department of Education;

5.  Seventy-two Thousand Six Hundred Sixty Dollars ($72,660.00) for the salaries, benefits and administrative costs incurred by the State Board of Education in administering the Alternative Education Programs and Alternative Academies; and

6.  Any remaining funds shall be provided to school districts on a competitive application basis pursuant to the rules promulgated by the State Board of Education.  Salary increases provided to certified or noncertified personnel within a school district shall be made without a reduction in the services provided or number of students served in the district’s alternative education statewide academy programs.

SECTION 14.  The funds allocated in Section 5 of this act for Early Intervention shall be transferred to the fund designated within the Office of State Finance as the Early Intervention Fund 250.  It is the intent of the Legislature that funding available for SoonerStart Early Intervention Services be expended for direct services to eligible infants, toddlers and their families.  The State Department of Education shall not contract, pay or reimburse for administrative cost recovery personnel, accounting, and management information system costs, maintenance and operations at the state or local level or indirect costs which do not comply with the requirements of Section 13-125 of Title 70 of the Oklahoma Statutes.

SECTION 15.  The funds allocated in Section 5 of this act for ACE Remediation shall be allocated by the State Department of Education to school districts for the purpose of funding school districts on a per-hour per-student basis for the costs associated with providing remediation to students pursuant to the provisions of Section 1210.522 of Title 70 of the Oklahoma Statutes.  The State Board of Education shall determine the per-hour per-student dollar amount to be allocated to school districts.

SECTION 16.  The funds allocated in Section 5 of this act for the Early Childhood Initiative shall be expended for the purpose of funding the early childhood program pursuant to the provisions of Section 10-105.4 of Title 70 of the Oklahoma Statutes.

SECTION 17.  The funds allocated in Section 5 of this act for the Parent Training Program, as authorized in Section 10-105.3 of Title 70 of the Oklahoma Statutes, shall be expended as follows:

1.  Sixty-five Thousand Three Hundred Thirty-six Dollars ($65,336.00) shall be expended for the salaries, benefits, technical assistance and administrative costs incurred by the State Board of Education in contracting for technical assistance in field operations for the coordination of the Oklahoma Parents as Teachers Program;

2.  One Million Seven Hundred Ninety-five Thousand Sixty-four Dollars ($1,795,064.00) shall be expended for the continuation and expansion of the Oklahoma Parents as Teachers Program;

3.  Sixteen Thousand Three Hundred Thirty-four Dollars ($16,334.00) shall be expended for program evaluation conducted by the Oklahoma Technical Assistance Center;

4.  One Hundred Thirty-one Thousand Three Hundred Fourteen Dollars ($131,314.00) shall be expended for the establishment of the Oklahoma Parents as Teachers Program in public housing projects; and

5.  Thirty-seven Thousand Six Hundred Sixty-one Dollars ($37,661.00) shall be expended for the early childhood technical assistance and field operations provided by the State Department of Education.

SECTION 18.  The funds allocated in Section 5 of this act for the Advanced Placement Incentives shall be expended for one-time equipment or materials, grants, subsidized training, school incentives, exam fee reimbursement, and administrative costs.  The amount of funds expended for administrative costs shall not exceed Forty-eight Thousand One Hundred Forty-eight Dollars ($48,148.00).

SECTION 19.  The funds allocated in Section 5 of this act for Middle School Mathematics Laboratories shall be expended for the purpose of funding Middle School Mathematics Laboratories established pursuant to the provisions of Section 1210.558 of Title 70 of the Oklahoma Statutes.

SECTION 20.  The funds allocated in Section 5 of this act for Academic Achievement Awards shall be expended for the purpose of funding awards pursuant to the provisions of Section 3-152.1 of Title 70 of the Oklahoma Statutes.

SECTION 21.  The funds allocated for the Rural Infant Stimulation Environment (RISE) Program in Section 5 of this act shall be used for capital expenditures and operations for a school designed to serve children with disabilities from birth to five (5) years of age.

SECTION 22.  The funds allocated in Section 5 of this act for Instructional, Cooperative and Technological Education shall be apportioned as follows:

1.  Fifty Thousand Dollars ($50,000.00) shall be expended on a contractual basis to the Chickasha Public School District (26-I-001) for the purpose of room and board payments for students at the Jane Brooks School for the Deaf, pursuant to contracts between the Chickasha School District and the Jane Brooks School for the Deaf;

2.  Fifty Thousand Dollars ($50,000.00) shall be expended on a contractual basis for the Oklahoma Science and Engineering Fair;

3.  Thirty-five Thousand Seventeen Dollars ($35,017.00) shall be awarded to a nonprofit arts center located in Oklahoma that has been selected by the John F. Kennedy Performing Arts Center for a Special Educator Professional Development Program.  The State Board of Education shall give priority to any arts center which received funding the preceding year if the operations of the arts center are deemed satisfactory by the Board; and

4.  Three Hundred Fifty Thousand Dollars ($350,000.00) shall be awarded to a science center located in Oklahoma that provides science education classes, science laboratories, and science demonstrations to public school students, in addition to outreach and teacher professional development for science teachers.

SECTION 23.  The funds allocated in Section 5 of this act for the Robotics Program shall be expended for the purpose of funding twenty (20.0) grants to school districts in the amount of Five Thousand Dollars ($5,000.00) each to establish a robotics project in the school districts.  Each robotics project shall involve creation of teams of students who with the assistance of teachers and volunteers design and build a remote-controlled robot that is entered into regional- and national-level robotics competitions.  The State Board of Education shall determine grant eligibility criteria, solicit proposals, and establish a process for the consideration of proposals.  Proposals shall be considered on a statewide competitive basis.

SECTION 24.  The funds allocated in Section 5 of this act for the Charter Schools Incentive Fund shall be transferred to the Charter Schools Incentive Fund for use pursuant to the provisions of Section 3-144 of Title 70 of the Oklahoma Statutes.

SECTION 25.  The funds allocated in Section 5 of this act for Recreation Therapy Grants shall be awarded as one or more grants to school districts offering recreation therapy for children with special needs.  Priority shall be given to schools who have implemented such a program and shown progress under the program.

SECTION 26.  The funds allocated in Section 5 of this act for the Oklahoma Ambassador of Teaching shall be expended to enhance the Teacher of the Year Program and to assist the Teacher of the Year in acting as an ambassador for teaching.

SECTION 27.  The amount of One Hundred Seventy-eight Thousand Sixty-two Dollars ($178,062.00) of the funds allocated in Section 5 of this act for Administrative and Support Functions of the State Department of Education shall be expended for continued implementation of the Oklahoma Cost Accounting System.

SECTION 28.  The amount of Forty-four Thousand Two Hundred Thirty-two Dollars ($44,232.00) of the funds allocated in Section 5 of this act for Administrative and Support Functions of the State Department of Education shall be expended to ensure school district participation in the National Assessment of Educational Progress.

SECTION 29.  The amount of Three Hundred Thousand Dollars ($300,000.00) of the funds allocated in Section 5 of this act for Administrative and Support Functions of the State Department of Education shall be expended for contracting with the Oklahoma Alliance for Geographic Education to provide in-service training and material for geography instruction.

SECTION 30.  The amount of Three Hundred Six Thousand Eight Hundred Sixty Dollars ($306,860.00) of the funds allocated in Section 5 of this act for Administrative and Support Functions of the State Department of Education shall be expended for reimbursement of costs associated with the eighth-grade reading level proficiency test administered pursuant to the provisions of Section 1210.515 of Title 70 of the Oklahoma Statutes.

SECTION 31.  Of the funds allocated in Section 5 of this act for Administrative and Support Functions of the State Department of Education, the sum of Four Hundred Twenty Thousand Dollars ($420,000.00) shall be expended for North Central Accreditation.  The amount of funding shall be sufficient to fund a minimum of four (4) full-time-equivalent employees, to provide office space, to support all of the daily operations of the office, and to allow the office to fully function and perform its duties during the fiscal year ending June 30, 2010.  North Central Subvention Funds shall not be used for employee salaries.

SECTION 32.  Of the funds allocated in Section 5 of this act for Administrative and Support Functions of the State Department of Education, the sum of Two Million Five Hundred Forty-three Thousand Six Hundred Fifty-four Dollars ($2,543,654.00) shall be expended for the purpose of implementing a student identification system pursuant to the provisions of Section 18-200.1 of Title 70 of the Oklahoma Statutes. 

SECTION 33.  Of the funds allocated in Section 5 of this act for Administrative and Support Functions of the State Department of Education, the sum of Fifty Thousand Dollars ($50,000.00) shall be expended for the purpose of providing training for local district school board members pursuant to the provisions of Sections 5-110 and 5-110.1 of Title 70 of the Oklahoma Statutes.

SECTION 34.  Of the funds allocated in Section 5 of this act for Administrative and Support Functions of the State Department of Education, the sum of Twenty Thousand Dollars ($20,000.00) shall be expended for the purpose of implementing pilot character education programs pursuant to the provisions of Section 1210.229-6 of Title 70 of the Oklahoma Statutes.

SECTION 35.  Of the funds allocated in Section 5 of this act for Administrative and Support Functions of the State Department of Education, the sum of One Hundred Fifty Thousand Dollars ($150,000.00) shall be expended to contract with the Council for Economic Education for the purpose of implementing the provisions of Section 11-103.6h of Title 70 of the Oklahoma Statutes.

SECTION 36.  The State Department of Education is authorized to expend up to Forty-five Thousand Dollars ($45,000.00) of the funds allocated in Section 5 of this act for Administrative and Support Functions of the State Department of Education to establish a pilot project to extend reading opportunities in grades kindergarten through third.

SECTION 37.  The duties and compensation of employees, not otherwise prescribed by law, necessary to perform the duties imposed upon the State Department of Education by law shall be set by the State Board of Education.  The State Department of Education for the fiscal year ending June 30, 2010, shall be subject to the following budgetary limitations on full-time-equivalent employees and expenditures excluding expenditures for capital and special projects, except as may be authorized pursuant to the provisions of Section 3603 of Title 74 of the Oklahoma Statutes:

Budgetary Limitation	Amount

Full-time-equivalent Employees	410.0

SECTION 38.  Of the four hundred ten (410.0) full-time-equivalent employees authorized in Section 37 of this act, ninety-eight (98.0) shall be employed to provide services under the provisions of the Oklahoma Early Intervention Act.  Prior to February 1, 2010, the Superintendent of Public Instruction shall file a report with the Education Oversight Board on the Oklahoma Early Intervention Program.

SECTION 39.  Of the four hundred ten (410.0) full-time-equivalent employees authorized in Section 37 of this act, three (3.0) shall be designated for the Parent Training Program as funded in Section 5 of this act.

SECTION 40.  Of the four hundred ten (410.0) full-time-equivalent employees authorized in Section 37 of this act, seven (7.0) shall be employed to provide services pursuant to the provisions of the Oklahoma School Testing Program Act.

SECTION 41.  Of the four hundred ten (410.0) full-time-equivalent employees authorized in Section 37 of this act, one (1.0) shall be designated as coordinator of support personnel concerns.  Responsibilities of the coordinator shall include acting as liaison with the Legislature, with organizations representing support personnel, and with the State Board of Education, and disseminating information to support personnel, including, but not limited to, retirement information.

SECTION 42.  Of the four hundred ten (410.0) full-time-equivalent employees authorized in Section 37 of this act, eleven (11.0) shall be designated for the State Aid Section of the Financial Services Division of the State Department of Education.

SECTION 43.  State Aid funds shall be reduced or withheld by the State Board of Education in an amount necessary to ensure compliance with the provisions of this act.

SECTION 44.  The State Board of Education is authorized to request the Office of State Finance to transfer appropriated funds to the appropriate dispensing fund.

SECTION 45.  If funds appropriated in Sections 1 through 11 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature are not sufficient to fully fund the provisions of this act, each school district which qualifies for funds, excluding Financial Support of Public Schools, pursuant to the provisions of this act shall take a proportionate reduction.

SECTION 46.  Appropriations made by Sections 1 through 11 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature, not including appropriations made for capital outlay purposes, may be budgeted for the fiscal year ending June 30, 2010 (hereafter FY-10) or may be budgeted for the fiscal year ending June 30, 2011 (hereafter FY-11).  Funds budgeted for FY-10 may be encumbered only through June 30, 2010, and must be expended by November 15, 2010.  Any funds remaining after November 15, 2010, and not budgeted for FY-11, shall lapse to the credit of the proper fund for the then current fiscal year.  Funds budgeted for FY-11 may be encumbered only through June 30, 2011.  Any funds remaining after November 15, 2011, shall lapse to the credit of the proper fund for the then current fiscal year.  These appropriations may not be budgeted in both fiscal years simultaneously.  Funds budgeted in FY-10, and not required to pay obligations for that fiscal year, may be budgeted for FY-11, after the agency to which the funds have been appropriated has prepared and submitted a budget work program revision removing these funds from the FY-10 budget work program and after such revision has been approved by the Office of State Finance.

SECTION 47.  This act shall become effective July 1, 2009.

SECTION 48.  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 21st day of May, 2009.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 26th day of May, 2009.

	
Presiding Officer of the Senate