STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1289	By:	Derby

AS INTRODUCED

An Act relating to schools; creating the School District County Restructuring Act; requiring school districts to restructure into a consolidated county school district; requiring school districts in certain counties to restructure into certain-sized school districts; allowing certain school districts to voluntarily submit a restructuring plan; specifying contents of the plan; establishing timeframe for submission and approval of the plan; directing the State Board of Education to develop a county consolidation plan in certain circumstances; providing for division of certain school district territory; requiring the State Superintendent of Public Instruction to convene board of education members for certain purpose; providing option for forming a new board of education for a county school district; making the consolidated county school district the legal successor of the school districts; limiting employment of a superintendent; requiring the retention and preservation of certain records, documents and artifacts; directing the Board to promulgate rules; requiring certain-sized school districts in certain counties to restructure by annexing; requiring certain-sized school districts in certain counties to restructure by dividing; providing for submission of a plan to the State Board of Education; establishing timeline for restructuring; directing the Board to restructure certain school districts in certain circumstances;  requiring prompt action; establishing criteria for approval of a voluntary restructuring plan; specifying size of a restructured school district; prohibiting a negative impact on desegregation; providing for transfer of bonded indebtedness and school district assets; providing for the division of property; prohibiting the closing of a school site for certain period; limiting number of superintendents; allowing restructuring of noncontiguous school districts if certain conditions are met; requiring the retention and preservation of certain records, documents and artifacts; directing the Board to promulgate rules; 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 7-301 of Title 70, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “School District County Restructuring Act”. 
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7-302 of Title 70, unless there is created a duplication in numbering, reads as follows:
By July 1, 2012, every school district in the state shall be restructured as follows:
1.  Except for school districts located in Tulsa County, Oklahoma County, Rogers County, Cleveland County and Canadian County, every school district in each county shall be restructured into one consolidated county school district; and
2.  School districts located in Tulsa County, Oklahoma County, Rogers County, Cleveland County and Canadian County, shall be restructured into one or more resulting school districts with not less than seven thousand students and not more than fourteen thousand students.  
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7-303 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  School districts in each county except Tulsa County, Oklahoma County, Rogers County, Cleveland County and Canadian County, may submit a plan to consolidate into one county school district for approval to the State Board of Education by a date established by the Board.  The plan shall address the consolidation of current debts or obligations and property and other assets of each of the county school districts.  If the plan is approved by the Board, the consolidation shall be completed by July 1, 2012.  
B.  If any school districts do not voluntarily submit or participate in a consolidation plan or if the plan does not receive approval from the Board of Education, the Board shall develop a consolidation plan for the county.
C.  If the territory of a school district is in more than one county, the territory, obligations, liabilities and assets of the school district shall be divided proportionately between the counties and each portion shall become a part of the resulting county school district for each county. 
D.  The State Superintendent of Public Instruction or designee shall convene the members of the boards of the districts forming the consolidated county school district, who shall be given the opportunity of selecting from among themselves the initial board of education for the new county school district, selecting the number of members and designating the initial terms of service of each as required to conform to law.  The members convened shall have the option of forming a seven-member board pursuant to the provisions of Section 5-107A of Title 70 of the Oklahoma Statutes rather than a board of the size otherwise provided by law and shall have the option of temporarily increasing the number of board positions for the new district by two positions per school district for the first two (2) years following consolidation.  The temporary positions will be filled by appointment by the board.  The temporary board positions shall be abolished two (2) years from the effective date of consolidation.  If an agreement cannot be reached, the State Board of Education shall select from the members of the individual boards of education the members to serve on the board of education of the newly formed county school district for the terms for which they were elected and until their successors have been duly elected or appointed and have qualified.
E.  All liabilities, assets, powers and duties of the separate school districts shall become the responsibility of the consolidated county school district, which district shall be the legal successor in every respect to the school districts participating in the consolidation in accordance with law.
F.  Only one superintendent shall be employed by each consolidated county school district.
G.  Following the consolidation of a school district pursuant to this section, the resulting county school district shall obtain, retain and preserve all student, school district and historical records, documents and artifacts of the consolidated school districts.
H.  The Board shall promulgate rules as necessary to implement the provisions of this section.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7-304 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  Each school district located in Tulsa County, Oklahoma County, Rogers County, Cleveland County and Canadian County with less than seven thousand students may voluntarily agree to restructure by being annexed to another school district or district in the county in accordance with the requirements of this section.  Each school district located in Tulsa County, Oklahoma County, Rogers County, Cleveland County and Canadian County with more than fourteen thousand students may voluntarily agree to restructure by being divided into two or more districts in accordance with the requirements of this section.
B.  1.  Any school district identified as provided for in subsection A of this section choosing to voluntarily restructure by annexing or dividing shall submit a plan for approval to the State Board of Education and shall set forth the terms of the restructuring agreement in the plan.
2.  If the plan is approved by the Board, the restructuring shall be completed by July 1, 2012.
C.  Any school district identified as provided for in subsection A of this section that does not submit a plan under subsection B of this section or that does not receive approval by the Board for a voluntary restructuring plan shall be restructured by the Board with or into one or more school districts by July 1, 2012. 
D.  The Board shall promptly consider plans or move on its own motion to restructure a school district identified as provided for in subsection A of this section in order to enable the affected school districts to reasonably accomplish any resulting restructuring by July 1, 2012. 
E.  The Board shall not deny the plan for voluntary restructuring of any school district or two or more school districts unless:
1.  The provisions contained in the plan for restructuring would violate state or federal law; or
2.  The voluntary restructuring would not contribute to the betterment of the education of students in the districts.
F.  Any school district required to be restructured under this section shall be restructured in a manner as to create a resulting district with an average daily membership of more than seven thousand and less than fourteen thousand. 
G.  All restructurings under this section shall be accomplished so as not to create a school district that hampers, delays, or in any manner negatively affects the desegregation of another school district in this state.
H.  In the restructured school districts created under this section, the bonded indebtedness of the school district shall be determined as set forth in Section 7-103 of Title 70 of the Oklahoma Statutes.  The division of property, debt, and obligations shall be determined as set forth in Section 7-104 of Title 70 of the Oklahoma Statutes.  
I.  No restructured school district or school districts shall close a school site or school facility for at least three (3) years after the restructuring.
J.  No restructured school district shall have more than one superintendent.
K.  Noncontiguous school districts may voluntarily restructure if the school facilities and physical plant of each school district are within the same county, and the Board approves the restructuring.
L.  Following the restructuring of a school district pursuant to this section, a resulting school district or districts shall obtain, retain and preserve all student, school district and historical records, documents and artifacts of the restructured school districts. 
M.  The Board shall promulgate rules as necessary to implement the provisions of this section.
SECTION 5.  This act shall become effective July 1, 2011.
SECTION 6.  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.

53-1-5628	KB	01/12/11