State Board of Education Rules 2024

Okla. Const. art. XIII, § 5

The supervision of instruction in the public schools shall be vested in a Board of Education, whose
powers and duties shall be prescribed by law.

70 O.S. § 3-104
A. The supervision of the public school system of Oklahoma shall be vested in the State Board of
Education and, subject to limitations otherwise provided by law, the State Board of Education
shall:
1. Adopt policies and make rules for the operation of the public school system of the state

210:1-1-1., 210:1-1-7. Declaration of Foundation Values

This rule defines the foundational values and principles of public education in the State of Oklahoma for
use by the State Department of Education.
 Intended to serve as a guide in which to interpret the rest of the rules
Authorizing Statute: Okla. Const. art. XIII, § 5; 70 O.S. §§ 1-105, 3-104

210:1-5-6. Suspension and/or revocation of certificates

This amendment streamlines the procedure to respond to the Department’s application to revoke or
suspend a certificate by instituting a 21-day window in which one must notify the Secretary of the State
Board of their intent to contest the application.
Authorizing Statute: Okla. Const. art. XIII, § 5, 70 O.S. § 1-105, 70 O.S. § 3–104, 70 O.S. § 6-101, 70 O.S. §
6-101.22, Administrative Procedures Act (Title 75)

210:10-1-16. Adding CLT to the Oklahoma Academic Scholar Program and creating a Seal of Biliteracy
This rule is to provide more flexibility to students by adding the Classical Learning Test (CLT) to the list of
tests eligible for use for the Oklahoma Academic Scholar recognition. Additionally, this rule adds a
graduation seal in civics to the types of recognitions available from the Department. The State Board of
Education is proposing this rule to incentivize civics education and to provide an avenue for the State to
continue recognizing students who go above and beyond to excel academically.
 CLT is accepted by almost 300 colleges and universities around the country,
 These include Baylor University and Oral Roberts University
Authorizing Statute: Okla. Const. art. XIII, § 5, 70 O.S. §§ 3–104, 11-103.2

210:10-1-24. Prevents modification of student records

This rule prevents alteration of sex or gender designations in historical school records. The State
Department of Education has received notice that some students changing their sex or gender with
parental consent are also seeking to remove prior records that accurately reflect their sex or gender
during prior years. The rule will provide districts with clear authority to protect their historical records.
Authorizing Statute: Okla. Const. art. XIII, § 5; 70 O.S. § 3-104
210:10-2-2., 210:10-2-3., 210:10-2-4. Adds provisions regarding independent contractors
The purpose of this rule change is to add provisions regarding school district liability for independent
contractor actions within their school district that violate the Parents’ Bill of Rights.
 Will provide districts with clear direction and authority to protect their historical record
Authorizing Statute: Okla. Const. art. XIII, § 5; 70 O.S. §§ 3-104, 11-105.1; 25 O.S. §2001-2005

210:10-13-2., 210:10-13-18. OSTP and OCAS

The purpose of this rule change is to comply with the most recent guidance from the U.S. Department of
Education regarding data review and other permissible reviews for report cards. The rule change also
moves provisions between the assessments rule and the accountability rule to improve rule clarity.
 The current rules are based on school designation procedures that were a part of No Child Left
Behind, which involved the ability to appeal designations based on extenuating circumstances.
 USDE has made it clear their expectations are that designations could only be appealed due to
data errors, which we already have in place.
 No Child Left Behind has been reauthorized as the Every Student Succeeds Act.
Authorizing Statute: Okla. Const. art. XIII, § 5, 70 O.S. §§ 3-104, 3-168, 1210.508 1210.541
70 O.S. § 3-168

210:10-17-1. Updates complaint procedures

The purpose of this rule change is to update procedures for receiving and resolving complaints related to
federal programs, reviewing appeals of prior decisions, and conducting independent on-site
investigations of reported complaints.
Authorizing Statute: 34 C.F.R. Part 299, Subpart F; 20 U.S.C. Ch. 70; 20 U.S.C. §§ 1232, 6320

210:20-29-5. Dismissal of teachers for inappropriate online behavior

The purpose of this rule change is to allow for dismissal of a certified teacher for sexual acts, acts that
appeal to the prurient interest in sex, or acts that excessively promote sexuality either in the presence of
a minor or in a manner available to a minor online.
Authorizing Statute: Okla. Const. art. XIII, § 5, 70 O.S. §§ 3-104, 6-101.21

210:20-23-3., 210:20-23-4. Removes OSSBA from rules

The purpose of this rule is to create a uniform process for approval for all outside entities offering board
member training by removing the automatic approval of the Oklahoma State School Boards Association
as a provider of approved instruction for board member training.
 This rule does not make OSSBA ineligible to provide board member training
 It puts them on the standard approval process, which consists of a one-page application
Authorizing Statute: Okla. Const. art. XIII, § 5, 70 O.S. §§ 3- 104, 5-110, and 5- 110.1.

210:25-1-2. Equal Protection – No state funds on DEI programs

The purpose of this rule change is to comply with Executive Order 2023-31, the U.S. Constitution, and the
Oklahoma Constitution on equal protection by restricting the use of state funds, property, or resources
for purposes of diversity, equity, and inclusion (DEI).
 The State Department of Education must become fully compliant no later than May 31, 2024.
Authorizing Statute: Okla. Const. art. XIII, § 5; Okla. Const. art. II, § 36A; Okla. Const. art. VI, § 2;
Executive Order 2023-31

210:25-5-4. Moves reporting deadline for revenue and expenditures

This rule proposes a change to the deadlines for a statement of actual income and expenditures of the
district or charter school for the fiscal year that ended the preceding June 30. In particular, this change
would move the deadline for additional corrections from September 30 to November 1. This gives schools
more time to make corrections and avoid penalties, as well as help LEAs during the majority reporting
period.
Authorizing Statute: Okla. Const. art. XIII, § 5; 70 O.S. §§ 1-117, 3- 104, 5-135 5-135.2

210:35-3-48. Local board responsibilities/staff relationships

The purpose of this rule change is to remove an illegal direction to local boards regarding how they
oversee the administrative functions of their school district.
 Statute states that the boards of education of each district shall have power to perform all
function necessary to the administration of a school district
 The current rules state the local board should refrain from involvement or interference with the
administrative functions of the school
Authorizing Statute: Okla. Const. art. XIII, § 5; 70 O.S. §§ 3- 104, 5-117

210:35-3-86. Adds accreditation deficiency for teachers under investigation

These amendments propose applying an accreditation deficiency to school districts that maintain the
active employment of a certified employee during an investigation that results in certificate revocation or
a felony.
 Active employment means performing the duties and responsibilities of their role.
Authorizing Statute: Okla. Const. art. XIII, § 5; 70 O.S. §§ 3-104, 3-104.1, 3-104.3, 3-104.4, 6-101.21, 6-
101.32

210:35-3-167. Creates a deficiency for noncompliant districts on financial transparency

This rule would deem a school deficient in their accreditation status should the State Board of Education
find that the district in question is not compliant with making their financial information publicly
accessible on their website. The rule also offers a timeline for corrective action before State Board
review.
Authorizing Statute: Okla. Const. art. XIII, § 5; 70 O.S. §§ 3-104, 3-104.3, 3-104.4, 5-135.4.

210:35-3-201. Creates a new level of accreditation

These amendments propose adding a new accreditation status of accredited with distinction, recognizing
the best schools in the state. The rules also requires the Department to maintain a public rubric used for
school districts that seek to be accredited with distinction. Creating a designation of “Accredited with
Distinction” provides a way for the state to recognize the highest-performing schools and use those
schools as a model for the rest of the state.
 It is important that accreditation is not used solely as a punishment for schools, but also as an
incentive and reward for our highest-performing schools.
Authorizing Statute: Okla. Const. art. XIII, § 5; 70 O.S. §§ 3-104, 3-104.3 3-104.4
210:35-3-210., 210:35-3-211., 210:35-3-212. Adds academic performance to accreditation standards
These rules would comply with the Legislature’s requirement that accreditation standards be consistent
with an academic results-oriented approach. The rules propose requiring that a school district must
provide enough instruction that at least half its students reach the basic performance level or above in
state assessments for English Language Arts and Math. When a school or district fails to meet that
measurement, it receives an academic deficiency.
Authorizing Statute: Okla. Const. art. XIII, § 5; 70 O.S. §§ 3-104, 3-104.3, 3-104.4

210:35-3-251., 210:35-3-252. Voluntary Prayer & Minute of Silence in public schools

These new rules enforce compliance with existing law regarding school districts permitting voluntary
prayer and offering a minute of silence. These rules also ensure that verifying compliance with the
existing statutes is part of the accreditation process.
Authorizing Statute: Okla. Const. art. XIII, § 5; 70 O.S. §§ 3-104, 3-104.3, 70 O.S. § 3-104.4 70 O.S. § 11-
101.1, 70 O.S. § 11-101.2

210:35-9-31. FAFSA
2023 law, 70 O.S. § 1210.508-6, directs the State Board of Education to promulgate regarding Free
Application for Federal Student Aid (FAFSA). The rule also outlines the graduation requirements for
Oklahoma high school students must be updated to remove requirements related to End-of-Instruction
(EOI) exams and the Achieving Classroom Excellence (ACE) Act, which were repealed by House Bill 3218
(2016).
Authorizing Statute: Okla. Const. art. XIII, § 5; 70 O.S. §§ 3-104, 11-103.6, 1210.508-6; 1210.523

210:35-29-2., 210:35-29-6., 210:35-29-8., 210:35-29-9. Requirements for incentive amount for

participating in a cooperative agreement
This rule updates the alternative education rules in order to improve the quality of alternative education,
comply with best practices for alternative education, and comply with 2019 updates to the governing
statute that the State Department of Education has not previously addressed in rules.
Authorizing Statute: Okla. Const. art. XIII, § 5; 70 O.S. §§ 3-104, 1210.568