SECTION 210:35-1-4. Standards eligible for deregulation

(a)   Public schools shall be eligible to apply for deregulation of any State Department of Education accreditation standard or regulation, request a waiver from a statutory requirement, and/or apply for participation in the School District Empowerment Plan in accordance with the procedures set forth in 210:35-3-228 and 210:35-3-229. Public schools shall not be granted exemptions or waivers from any accreditation standard, regulation, or statute that is related to the following categories of statutes and regulations:

(1)   Federal, state, and local statutes and regulations relating to health, safety, civil rights and insurance;

(2)   State statutes and regulations pertaining to testing required by the Oklahoma School Testing Program Act and reporting of test results and accountability data to the State Department of Education;

(3)   Statutes and regulations pertaining to financial reporting and compliance, audits, audit procedures, and audit requirements;

(4)   Federal and state statutes and regulations relating to education of children with disabilities;

(5)   State regulations pertaining to the public school year calendar at 70 O.S. § 1-109;

(6)   State regulations pertaining to student suspension requirements at 70 O.S. § 24-101.3;

(7)   Statutes and regulations pertaining to the Oklahoma Open Meeting Act at 25 O.S. §§ 301 et seq. and the Oklahoma Open Records Act at 51 O.S. §§ 24A.1 et seq.;

(8)   Federal and state statutes and regulations pertaining to the rights of children to attend school free of charge as set forth in 70 O.S. § 1-114;

(9)   State statutes and regulations pertaining to the minimum salary schedule for teachers as set forth in 70 O.S. § 18-114.12;

(10)   Statutes and regulations pertaining to participation of school district employees in the Teachers' Retirement System of Oklahoma as set forth in 70 O.S. §§ 17-101 et seq.;

(11)   Statutes and regulations pertaining to health insurance plans for school district employees required by 70 O.S. § 5-117.5 and cafeteria plans required by 70 O.S. § 26-104;

(12)   Statutes and regulations pertaining to criminal history record checks for public school employees;

(13)   Statutes and regulations pertaining to evaluations of teachers and school personnel as set forth in 70 O.S. §§ 6-101.10 and 6-101.11;

(14)   Statutes and regulations pertaining to the dismissal and due process procedures for administrators as set forth in 70 O.S. §§ 6-101.13 through 6-101.15;

(15)   Statutes and regulations pertaining to the dismissal and due process procedures for teachers as set forth in 70 O.S. §§ 6-101.21 through 6-101.26;

(16)   Statutes and regulations pertaining to the payroll deduction requirements as set forth in 70 O.S. §5-139;

(17)   Statutes and regulations pertaining to the dismissal and due process procedures for education support employees as set forth in 70 O.S. §§ 6-101.40 through 6-101.47;

(18)   Statutes and regulations pertaining to certification of teachers, counselors, librarians, school nurses, superintendents, principals, supervisors, school bus drivers, or any other instructional, supervisory, or administrative employee unless otherwise exempt from certification or licensure requirements;

(19)   Statutes pertaining to negotiations between school districts and school employees set forth in 70 O.S. §§ 509.1 through 509.11;

(20)   Statutes and regulations pertaining to the required courses that must be offered in order to meet the curriculum requirements set forth in 70 O.S. § 103.6;

(21)   Statutes and regulations pertaining to demonstration of mastery of state academic content standards set forth at 70 O.S. § 1210.523;

(22)   Statutes and regulations pertaining to the instruction and continuing education requirements for school board members set forth in 70 O.S. §§ 5-110, 5-110.1, and 5-110.2; and

(24)   Any other federal statutes or regulations applicable to the state public school system from which the state has not received a waiver.

(b)   No later than July 1 of every year, the State Department of Education shall publish an updated list on its website of all Oklahoma statutes, regulations, and accreditation standards that are ineligible for deregulation in accordance with (a) of this Section.

[Source: Added at 8 Ok Reg 2159, eff 5-17-91 (emergency); Added at 9 Ok Reg 2371, eff 7-13-92; Amended at 10 Ok Reg 4591, eff 9-2-93 (emergency); Amended at 11 Ok Reg 1279, eff 2-14-94 (emergency); Amended at 11 Ok Reg 2599, eff 6-13-94; Amended at 14 Ok Reg 520, eff 12-18-96 (emergency); Amended at 14 Ok Reg 2617, eff 6-27-97; Amended at 31 Ok Reg 1214, eff 9-12-14]