STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 533	By:	Russell

AS INTRODUCED

An Act relating to school administration; creating the Administrative Reform Act; providing short title; amending Section 4, Chapter 455, O.S.L. 2003 (70 O.S. Supp. 2010, Section 5-106A), which relates to employment contracts with multiple schools; prohibiting certain school districts from employing a superintendent; referencing method for pooling resources to employ a superintendent; providing for noncodification; 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 not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Administrative Reform Act”.
SECTION 2.     AMENDATORY     Section 4, Chapter 455, O.S.L. 2003 (70 O.S. Supp. 2010, Section 5-106A), is amended to read as follows:
Section 5-106A.  A.  A superintendent, administrator, teacher, or person providing support services may contract with more than one school district to serve as superintendent, administrator, or teacher, as appropriately qualified, or to provide support services for each contracting district.  The contract may be mutual with all the districts as parties, or the contracts may be separate; provided, that a superintendent, administrator, teacher, or person providing support services may not enter into contracts with more than one school district without the assent and knowledge of all the school districts with which they are contracting.  The districts who contract either mutually or separately with a superintendent, administrator, or teacher, or with a person to provide support services may enter into agreements upon such terms and conditions as the parties may agree and may include terms related to the division of payments for items including, but not limited to, payment of benefits or travel for the superintendent, administrator, teacher, or person providing support services.  Unless otherwise provided by contract, each district shall pay into the Teachers’ Retirement System of Oklahoma the district’s pro rata share of the payment required to be paid into the System on behalf of the employee.
B.  School districts with an average daily membership of fewer than two thousand (2,000) students shall not employ a school superintendent.
C.  School districts with an average daily membership of fewer than two thousand (2,000) students may contract with other school districts pursuant to Section 5-117b of this title or form an administrative district to employ a school superintendent.
D.  Administrative districts may be formed by two or more school districts for the purposes of performing administrative services and duties.  An administrative district shall not be formed unless the combined number of students in all school districts forming the administrative district, as calculated by the average daily membership (ADM), exceeds two thousand (2000).
E.  All administrative districts shall have an administrative board.  Members of the administrative board shall be appointed by, and shall be members of, a local school board within the administrative district.  The board shall be composed of one member from each school board within the administrative district.
F.  All members of the administrative board shall have equal voting rights regarding any final decision of the administrative board.  Superintendents shall moderate but shall not be voting members of the administrative board.
G.  An administrative district may contract with a superintendent for a term as mutually agreed upon but not to exceed three (3) years beyond the fiscal year in which the contract is approved by the administrative board and accepted by the superintendent.  The contract shall include all other terms and conditions as agreed upon in writing by the board and the superintendent.
SECTION 3.  This act shall become effective July 1, 2011.
SECTION 4.  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.

53-1-20	AM	1/19/2011 10:49:15 AM