ENROLLED HOUSE
BILL NO. 2929	By:	Coody, Billy, Jett and Pittman of the House

			    and

		Justice of the Senate

An Act relating to schools; creating the Oklahoma Advisory Council on Indian Education Act; stating purpose of the act; creating the Oklahoma Advisory Council on Indian Education until a certain date; directing the Council to perform certain functions; stating membership of the Council; requiring appointments be made by a certain date; providing for meetings and election of officers; providing for service, quorum, and filling vacancies; providing for staff support; providing for travel reimbursement; making the Council subject to certain laws; making members of the Council exempt from dual-office-holding prohibitions; listing duties of the Council; requiring the Council to make an annual report; specifying certain content of the report; 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 3-171 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 “Oklahoma Advisory Council on Indian Education Act”. 

SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-172 of Title 70, unless there is created a duplication in numbering, reads as follows:

The purpose of the Oklahoma Advisory Council on Indian Education Act is to recognize the unique relationship that Oklahoma enjoys with the Indian tribes located within the state and how Native Americans and Indian tribes play a pivotal role in the educational system of the state in light of this special relationship.  The further purpose of the act is to establish the Oklahoma Advisory Council on Indian Education.  The purpose of creating the Council is to promote culturally relevant learning environments, educational opportunities and instructional material for Native American students enrolled in the public schools of the state.  Because of the number of Native American students enrolled in public schools in the state, this objective will positively affect the educational success of all public school students and encourage further government-to-government cooperation between the State of Oklahoma and the sovereign Indian tribes located in Oklahoma.  

SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-173 of Title 70, unless there is created a duplication in numbering, reads as follows:

A.  There is hereby created to continue until July 1, 2014, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Advisory Council on Indian Education.  

B.  The Council shall:

1.  Make recommendations to the State Board of Education and the Superintendent of Public Instruction in educational matters affecting the education of Native American students; 

2.  Promote educational opportunities and improvement of the quality of education provided to Native American students throughout the state;

3.  Advocate for Native American students in the state; and

4.  Monitor and evaluate how the public education system of the state impacts Native American students.

C.  The Council shall be composed of eighteen (18) members as follows:

1.  Five members who shall each represent an Indian tribe in the state, of which at least one shall represent an Indian tribe which has an enrollment of less than ten thousand (10,000) members who reside in the state, appointed by the Governor from a list of nominations submitted by the different Indian tribes in the state; 

2.  Four members who shall each represent the tribal education departments of an Indian tribe in the state, appointed by the Governor from a list of nominations submitted by the different Indian tribes in the state; 

3.  One member who shall represent the Oklahoma Council on Indian Education, appointed by the Governor; 

4.  Two members who shall represent two different statewide organizations representing public school teachers, appointed by the President Pro Tempore of the Senate; 

5.  One member who shall represent a statewide organization representing public school superintendents appointed by the Speaker of the House of Representatives;

6.  One member who shall represent Oklahoma tribal colleges, appointed by the Chancellor of Higher Education; 

7.  The Director of the Native American Cultural and Educational Authority, or designee; 

8.  The Chancellor of Higher Education, or designee; 

9.  The Director of the Oklahoma Department of Career and Technology Education, or designee; and

10.  The Superintendent of Public Instruction, or designee.

D.  Appointments to the Council shall be made by September 1, 2010.  The first meeting of the Council shall be called by the Superintendent of Public Instruction.  At the first meeting, the members of the Council shall elect a chair and vice-chair from among the members.  Meetings of the Council shall be held at least quarterly at the call of the chair.  Members shall serve at the pleasure of their appointing authorities.  A majority of the members of the Council shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining members to exercise all of the powers of the Council.  A vacancy on the Council shall be filled by the original appointing authority.  The State Department of Education, Oklahoma Department of Career and Technology Education, and the Oklahoma State Regents for Higher Education shall provide staff, support and information as requested by the Council.

E.  Members of the Council shall receive no compensation for serving on the Council, but shall receive travel reimbursement as follows:

1.  State employees who are members of the Council shall be reimbursed for travel expenses incurred in the performance of their duties by their respective agencies in accordance with the State Travel Reimbursement Act; and

2.  All other members of the Council shall be reimbursed by the Office of State Finance for travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.

F.  The Council shall act in accordance with the provisions of the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.

G.  Members who serve on the Council shall be exempt from the dual-office-holding prohibitions of Section 6 of Title 51 of the Oklahoma Statutes.  

H.  The Council shall have the following duties:

1.  Identify strategies for developing an efficient and reliable process of communications between Oklahoma education entities, educators, tribal organizations and other interested parties; 

2.  Identify and disseminate research-based, measurable criteria, both behavioral and academic, by which the success and efficacy of the education offered to Native American students in Oklahoma may be measured; 

3.  Analyze data to ensure that education agencies in Oklahoma continue to address the education needs of Native American students; 

4.  Encourage and promote Native American educational leadership at all levels of the education system; and 

5.  Make recommendations to the State Board of Education for programs that will help achieve the purposes of the Oklahoma Advisory Council on Indian Education Act.

I.  The Council shall evaluate and make an annual report on the effectiveness of the public education system in Oklahoma in meeting the needs of Native American students in Oklahoma.  The report shall be submitted to the State Board of Education.  The report shall also contain a summary of the findings made by the Council pursuant to subsection H of this section, a summary of all data collected by the Council, a summary of the means by which all data was collected by the Council, and any other information deemed necessary by the Council.  

SECTION 4.  This act shall become effective July 1, 2010.

SECTION 5.  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 24th day of May, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 25th day of May, 2010.

	
Presiding Officer of the Senate