Okla. Admin. Code § 780:15-3-2

Current through Vol. 42, No. 8, January 2, 2025

Section 780:15-3-2 - Establishment/Sustainment of a technology center district; sites and buildings

(a)Establishment. A technology center district shall be established in accordance with the steps outlined in this section.

(b)State Board study of proposed technology center district.

(1)Proposed district study. The State Board, upon request of the public school(s) within a proposed district, board of county commissioners, or citizens within a proposed district, shall make a study of the proposed district in regard to the following factors:

(A) Size;

(B) Total population;

(C) Assessed valuation;

(D) Current school enrollments;

(E) Estimated secondary school enrollments;

(F) Estimated full-time adult enrollments;

(G) Other information pertinent to determining the feasibility of a technology center district.

(2)Costs. The study shall also include building and equipment costs, as well as estimated annual operating costs.

(3)Sharing of study information. The information compiled as a result of the study shall be shared with the local schools and/or county commissioners and other interested persons within the proposed technology center district.

(c)State Board determination of technology center feasibility.

(1)Decision by State Board. After a study of the proposed technology center district has been completed and reviewed by the interested and affected schools and/or county commissioners, a decision will be reached as to the course of action to be taken. The State Board shall finally determine if the proposed technology center district meets the criteria and requirements prescribed, if there is a need for the district, and if the operation of the district can be adequately funded.

(2)Valuation of district; waivers. A proposed technology center district shall have a minimum valuation of $100,000,000 after homestead exemptions. In situations involving low valuations and/or sparsely populated areas where this requirement is not feasible, the State Board, upon presentation of sufficient justification, may give special permission to waive the minimum criteria.

(d)Presentation of resolutions.

(1)Resolutions signees. If the State Board determines the proposed technology center district is feasible and needed, resolutions shall be presented to the State Board signed by:

(A) Local boards of education of districts desiring to become a part of a technology center district,

(B) A majority of the membership of a board of county commissioners, or

(C) A combination of (A) and (B) of this subsection where there exists a county and school districts outside that county desiring to become a part of the same technology center district.

(2)Cooperation. The State Board shall work with the area in order to establish a district that is feasible and will fit into its state plan.

(3)Established school districts. The State Board shall protect the attendance area of established technology centers and not approve any part of an existing technology center district for inclusion into a new area district unless that area cannot be served adequately by the existing technology center (Deannexation proceedings may have to be followed first.)

(e)Technology center district formation election.

(1)Call for election. The State Board shall call an election in each district submitting a resolution, or in each district within a county submitting the resolution, if a technology center district is found to be feasible and needed.

(2)Election. An election will be held in each independent and elementary school district, and/or entire county, having territory that would be included in the proposed technology center district, for the purpose of permitting electors of the district to vote on the question of whether the territory comprising the independent or elementary school district, and/or entire county, shall be included in the proposed technology center district.

(f)Elections relative to the creation of new technology center district (general rules). The rules of this subsection shall be used for conducting elections relative to the creation of a technology center district, electing the initial board of education, voting the initial operating levy, and for annexation of an independent or elementary school district to an existing technology center district.

(1)Election date. The State Board with advice and counsel of local boards of independent and elementary school districts and/or county commissioners shall designate the date on which an election shall be conducted.

(2)Responsibilities of county election board; State Board. The State Board shall cooperate with the county election board designated to conduct the election. The county election board shall receive notice from the State Board and shall conduct the elections in the school district at the time specified by the State Board. The State Board shall prepare the publication notice and submit it to at least one newspaper of general circulation in each county officially calling the election, stating the purpose of the election and listing the polling places in the county. The State Board shall assume the cost of such publication.

(3)Forms. All forms to be used in technology center district elections will be provided by the County Election Board.

(4)Hours. The polls for election shall be open from 7 a.m. until 7 p.m.

(5)Certification of results. The county election boards shall, when appropriate, certify to the local school boards the results of an election. The county election boards shall certify to the State Board, also, the results of any election pertaining to the creation of a new technology center district, the initial board of education election, and the initial operating levy election.

(6)Costs of elections. When holding the election for the creation of a technology center district, the election of the original board of education, and the election for the first operation levy, the cost for these elections will be borne by the State Board.

(7)Annexation election costs. Annexation election costs of individual independent and elementary school districts will be borne by the State Board.

(g)Formation election results determination.

(1)Election results. Results of the election for the formation of a technology center district shall be submitted to the State Board and each school district involved. If the results of the election satisfy the criteria for the formation of a technology center district, the State Board may declare the district formed.

(2)Election results from resolutions from school districts.

(A)Inclusion in the proposed district. The territory comprising an independent or elementary school district shall be included in the proposed technology center district if a majority of the electors who voted cast ballots in favor of the question.

(B)Establishment after an unfavorable vote. Notwithstanding an unfavorable vote in an independent or elementary school district(s), a technology center district may be established and the territory comprising other independent and elementary school districts in which the votes have been favorable may be included in the technology center district, if criteria prescribed by the State Board can be met.

(i)Study of election results. The State Board shall study the results of the elections to determine if a sufficient number of the school districts voted in favor of becoming a part of a technology center district. If the area is deemed sufficient, the State Board shall form the district.

(ii)Valuation; reconsideration of districts. If the valuation of the area that voted in favor of the proposition is not sufficient to form the district, the State Board hall continue to work with the proposed area; and if the school districts that were opposed to becoming a part of the technology center district wish to vote again on the proposition, they may do so by presenting another resolution to the State Board.

(C)District establishment suspension; second election. If the criteria cannot be met because of unfavorable votes in one or more independent or elementary school districts, the State Board may hold establishment of the proposed technology center district in suspension for a period not to exceed one year, and in the meantime may, but no sooner than after ninety (90) days, at the request of the local board of education where the election failed, call another election on the same question.

(3)Election results from resolutions by a majority of a board of commissioners.

(A)Voters. The majority of the votes cast in the county shall determine whether the territory of the county becomes a part of a technology center district. The electors residing in any portion of a county that is already a part of an existing technology center district shall not be allowed to participate in this election.

(B)Electors in adjoining county. A local school district that has its main buildings within the county calling the election but has electors residing in an adjoining county should pass a resolution for that part and present it to the State Board, which shall call an election as provided in these rules and regulations.

(C)Addition of adjoining county electors to the technology center district. If the majority of the voting electors in the county vote to establish a technology center district, then that part of the local district located in the adjoining county shall become part of the new district, provided a majority of those voting cast ballots in the affirmative, and they shall be entitled to the rights and privileges and be subject to the assessments as are all other patrons in the district.

(D)Second election. If the election fails, the State Board may call another election in the county at the request of the county commissioners after a period of three months or 90 days has elapsed since the previous election.

(4)Declaration; number designation. Whenever there has been a compliance with these rules and regulations, the State Board may issue an order declaring the technology center district to be established and designating its number.

(5)Validation period. Results of school districts and/or counties that voted to become a part of a technology center district shall be held valid for a period of 12 months, or one year, to allow time for the passage of an operational mill levy election.

(6)State Board approval of sites and additional campuses. The State Board shall approve the location of a site for an official campus of a technology center district. If the campus employs a minimum of five full-time instructors who are teaching programs that have been approved by the Department, then it may be recognized as an official campus and will be eligible for funding under a formula approved by the State Board. Branch campuses may be established by the technology center board of education to serve special needs or remote areas of the district. In the event the local board elects to pursue an additional campus at a site other than the existing pre-approved campus, prior approval must be granted by the State Board. Factors that will be used in determining approval will include, but not be limited to, student travel time to the nearest available technology center campus, district valuation, student enumeration, and local industry needs.

(h)Zoning of the new technology center district.

(1)Advisement. When the State Board forms a technology center district, it shall then divide the district into board districts with the advice and counsel of the local school districts.

(2)Five board districts. After consultation with the local school officials, the State Board will divide each technology center district into five numbered board districts of approximately equal population.

(3)District Zones.

(a)Districts serving seventy or more schools. When forming technology center school districts that serve seventy or more public school districts, the State Board of Career and Technology Education shall divide school districts into district zones as required by 70 O.S. § 14-108(D).

(b)Districts with certain large populations. When forming technology center school districts having a population of more than two hundred twenty-five thousand (225,000) electors, the State Board of Career and Technology Education shall divide the technology center school district into district zones as required by 70 O.S. § 14-108(E).

(i)Election of members to the board of education of the new technology center district.

(1)Call to elect members. When a technology center district is established, the State Board shall call, and the appropriate county election board(s) shall conduct an election to choose a board of education, which shall consist of five (5) members except as hereinafter provided, elected by all of the school district electors of the technology center district.

(2)Composition of board.

(A) Candidates for board district offices of the board shall be residents of the board district. Electors shall vote on all candidates in board elections.

(B) Candidates for district zone offices of the board shall be a resident of the district zone. The electors of each district zone shall elect a candidate, who is a resident of that district zone, to represent the district zone on the school board.

(3)Terms. The newly elected board members will serve initial terms as follows:

(A) Office Number 1, Board District or District Zone 1: One year

(B) Office Number 2, Board District or District Zone 2: Two years

(C) Office Number 3, Board District or District Zone 3: Three years

(D) Office Number 4, Board District or District Zone 4: Four years

(E) Office Number 5, Board District or District Zone 5: Five years

(4)Cycle of elections; terms; vacancies. At the first regular school election, as prescribed by the state statutes, after the technology center district has become operative for one year, an election shall be held to fill the office that expires in one year. The terms of other offices shall expire in the sequence noted in the schedule above. After the initial terms of offices expire, each school board member shall be elected for a five-year term. If during the term of office to which a person was elected to a district zone, that member ceases to be a resident of the district zone for which the person was elected, the office shall become vacant and the vacancy shall be filled as provided in Section 13A-110 of Title 26 of the Oklahoma Statutes.

(5)Notification and declaration of intent. Each candidate shall file a written notification and declaration of intent to be a candidate for the board district or District Zone in which he/she resides or as a candidate-at-large. The notification and declaration of intent shall be filed with the county election board within the time prescribed by the election board.

(6)Seven-member board. In the event the total area of five or more counties is involved, a seven (7) member board of education may be elected to serve the technology center district.

(7)Seven-member terms. When there are seven board members, they shall be elected in the same manner as board of education members of other technology center districts. The terms of office of members shall be staggered so that the term of office of only one member shall expire each year. Offices shall be numbered one through seven.

(8)Relations with State Board. Representatives of the State Board shall meet with the elected board and administer the oath of office, which shall be the same as for boards of independent school districts. The State Board shall provide guidance, direction, and technical assistance to the newly elected board members.

(j)Operational tax levy election for a new technology center.

(1)Call for election. As soon as practical, and when it can legally do so, after members of the board of education of a technology center district are first elected following the establishment of the district, the board of education shall call an election to vote on an operational tax levy for the district.

(2)Educational plan. The elected board of the technology center district shall make a study utilizing the services of the State Board and all other agencies that may be at its disposal to determine an educational plan for the district.

(3)Tax levy. No technology center district shall begin operations until the electors have approved a tax levy as provided by Section 9B, Article 10, Oklahoma Constitution and 70 O.S § 14-108, as amended, and the county excise board has approved an "Estimate of Needs" for the district or in compliance with the School District Budget Act in 70 O.S. §5-150, et.seq., as amended.

(4)Second election. If an election for an operational levy is held and the proposed levy fails to receive a majority of the votes cast, a second election will be held within 180 days after the original election for the purpose of voting again on an operational levy. A second election must be requested by the technology center board and approved by the State Board.

(5)Dissolution of district; board. The State Board has the authority to disband a newly formed technology center district, release the board of education of its obligations, and release all public school districts from any obligation in the new technology center district when an operational levy is rejected by the voters a second time. Disbanding or dissolving a newly created technology center district will be done only after consultation with the local school districts involved.

(6)School planning. After passage of a successful operational levy, the technology center board shall employ professional help, engage the services of an architect to plan buildings, and take such action as necessary to establish the technology center.

(k)Selection of the technology center superintendent.

(1)Choice of superintendent. Following passage of a successful operational tax levy, the local board of education shall employ a technology center district superintendent.

(2)Duties; qualifications. The duties and minimum qualifications of technology center superintendents shall be as follows:

(A)Duties. The technology center superintendent shall be the principal administrative officer of the technology center. They shall be responsible for the organization, curriculum development, evaluation, and improvement of instruction. The technology center superintendent shall maintain close contact with the employment services, advisory committees, potential employers, and all agencies and institutions relative to employment needs and job opportunities in order that career and technology education instruction may be closely coordinated with current needs and anticipated employment opportunities. They shall evaluate instruction continuously and bring about changes and improvements that will ensure that students will obtain the skills and knowledge for which instruction is being provided. The technology center superintendent shall be responsible for assigning appropriate administrative personnel to evaluate the technology center's certified faculty and determining that such persons have a technology center administrator's credential or the minimum requirement in accordance with 70 O.S. §6-101.10 (6), as amended. In accordance with state law, evaluation duties may be assigned to the principal, assistant principal, designee of the principal, supervisor, content expert, department chair, peer committee or other trained persons or groups designated by the technology center school district board of education. The technology center superintendent shall be responsible for maintaining a system of complete and accurate records and shall make such financial, statistical, and descriptive reports as may be required by the State Board.

(B)Qualifications. First, the technology center superintendent shall have a superintendent's certificate as defined by the State Department of Education. Second, the technology center superintendent shall have had at least five years of experience as a Career Tech teacher, supervisor, or administrator. Third, the technology center superintendent shall have a Technology Center Administrator's Credential.

(3)Issuance of Credential. The Oklahoma Department of Career and Technology Education shall be responsible for the issuance of the technology center administrator's credential.

(4)Technology Center Administrator's Credential. Other school administrators who are responsible for supervision and administration of Department-approved program(s) shall also be required to have a standard or a provisional Technology Center Administrator's Credential as provided for above in 780:15-3- 2(k)(2) & (3) of the rules and regulations governing technology centers.

(A)Standard technology center administrator's credential. A person who has superintendent's certificate or a secondary principal's certificate and at least five years of experience as a CareerTech teacher, supervisor, or administrator of Oklahoma Department of Career & Technology Education (ODCTE) approved programs shall be issued a standard technology center administrator's credential.

(B)Provisional technology center administrator's credential, five year. Applicant shall have a superintendent's or secondary principal's certificate as defined by the Oklahoma State Department of Education. In addition, the applicant must meet at least one of the following experience requirements:

(i) Three (3) years of experience as a Career and Technology Education teacher of an approved ODCTE programs(s) or

(ii) Three (3) years of experience as an administrator supervising and evaluating teachers of an approved ODCTE programs(s) or

(iii) Three (3) years of experience in an Oklahoma technology center and a letter of endorsement from the current technology center superintendent or

(iv) Three (3) years of experience at the Oklahoma Department of Career and Technology Education and a letter of endorsement from the current ODCTE State Director.

(v) Once the above criteria is met, the candidate shall be issued a provisional technology center administrator's credential and be given five years from the date of issuance to complete the following:

(vi) Nine (9) college semester hours and/or 135 ODCTE approved professional development clock hours from the following areas below:

(I) History and Philosophy of Career and Technology Education;

(II) Technology Center Finance;

(III) Career and Technology Education Curriculum; and

(IV) Career and Technology Education Program Planning and Development. A combination of college semester hours and professional development hours can be utilized to fulfill the requirements. One college semester hour will equal 15 professional development clock hours.

(5)Requirements for first-year technology center superintendents. The State Board of Career and Technology Education reaffirms its commitment to provide support and services to new technology center superintendents in Oklahoma. To assist first-year technology center superintendents in the state in providing their respective districts with maximum leadership, effective management, and strong educational programs, the following professional development requirements shall be met by each technology center superintendent employed for the first time in the state of Oklahoma as a technology center superintendent:

(A) Meet qualifications for the Provisional or Standard School Superintendent Certificate.

(B) Meet qualifications for the Provisional or Standard Technology Center Administrator's Credential.

(C) Attend professional development workshops or training seminars equal to eleven days (66 hours) of training:

(i) 1 day: Attend a meeting of the State Board of Career and Technology Education and a board meeting at a technology center where the first-year technology center superintendent is not currently employed.

(ii) 2 days: Attend the Annual CareerTech Summer Conference.

(iii) 2 days: Attend the Annual Technology Center Superintendents June Workshop.

(iv) 6 days: Attend professional development workshops or training in the following general areas:

(I) Superintendent/Board of Education Relationships

(II) Legal Issues/School Law/Open Meeting Laws

(III) Staff Relationships/Due Process

(IV) Community and Industry Relationships

(V) Technology Center Finance

(VI) Plant Management/School Facilities

(VII) Setting School District Site Goals/Strategic Planning/Planning and Implementing Continuous Improvement Strategies for Schools

(VIII) Individuals with Disabilities Act (IDEA)

(v) If a first-year technology center superintendent can provide evidence that within eighteen months prior to being employed as a technology center superintendent, that they have completed one of the training requirements listed above in (iv), the Department will review the documentation and determine if credit should be given for training previously completed.

(D) The Department will provide and/or coordinate, approve and document professional development workshops and/or training seminars for first-year technology center superintendents. If content and method of delivery is approved by the Department prior to a first-year technology center superintendent participating in training, a first-year technology center superintendent may complete some of the training requirements by IETV, on-line training, webinars, or similar methods of delivery. The Department will issue a certificate to each new superintendent who has successfully completed the training requirements for first-year technology center superintendents. A copy of this certificate will be retained at the Oklahoma Department of Career and Technology Education. To maintain certificate validity for second-year technology center superintendents, the Department will provide to first-year technology center superintendents a report showing training completed by first-year technology center superintendents. The Department will continue to collaborate with the Oklahoma State Department of Education regarding emerging issues that in the future may need to be integrated into first-year technology center superintendent training.

(l)Other actions necessary to establish a new technology center.

(1)Funding for buildings and equipment. The elected board may submit a building fund levy proposal or a capital outlay bond proposal to finance new buildings and equipment after a study has been made and professional help has been employed.

(2)Election guidelines. The building fund levy election or capital outlay bond election shall be conducted in accordance with the prescribed election rules and regulations.

(m)Approval of capital improvement projects. After local board approval, all plans and specifications for technology center buildings, additions, including parking lots and modifications designed for CareerTech instruction and/or services shall be reviewed by and approved by appropriate staff of the Oklahoma Department of Career and Technology Education. In addition all capital improvement projects must comply with local building codes and be reviewed by the local and/or state fire marshal. The State Board must grant prior approval of all plans and specifications for technology center school buildings, additions, and modifications to school buildings that are designed to provide for the offering of CareerTech education and services when the cost of the building project is to be paid with state appropriated funds, which includes projects funded with monies from the Educational Lottery Trust Fund, or both local levies and state appropriated funds. (70 O.S. Section 14-108, as amended.)

(n)Ownership of instructional equipment. Instructional equipment purchased or reimbursed with state and/or federal funds will remain the property of the State Board except equipment purchased with equipment grants. When instruction can no longer be justified, the State Board may remove the equipment and transfer it to another technology center, skills center, or place it in the Department service center.

(o)Insurance and equipment maintenance. The technology center district shall be responsible for insurance and maintenance and repair of state-owned equipment while it is being utilized in instruction conducted by the district.

(p)Architect involvement. Technology center buildings that are to be remodeled, repaired, or constructed shall have an architect engaged in the planning of such building as provided in 59 O.S. §46.3.

(q)Accommodations for individuals with disabilities. It shall be the responsibility of the board of education of a technology center district to follow the provisions of the Americans with Disabilities Act accessibility standards when constructing new facilities or altering existing structures.

Okla. Admin. Code § 780:15-3-2

Amended at 9 Ok Reg 2607, eff 6-25-92 ; Amended at 10 Ok Reg 2459, eff 6-11-93 ; Amended at 11 Ok Reg 2885, eff 6-13-94 ; Amended at 12 Ok Reg 1847, eff 6-12-95 ; Amended at 14 Ok Reg 2019, eff 5-27-97 ; Amended at 16 Ok Reg 3209, eff 7-12-99 ; Amended at 17 Ok Reg 2732, eff 7-1-00 ; Amended at 18 Ok Reg 3281, eff 7-26-01 ; Amended at 21 Ok Reg 2895, eff 7-11-04 ; Amended at 22 Ok Reg 2276, eff 7-1-05 ; Amended at 23 Ok Reg 2904, eff 7-1-06 ; Amended at 24 Ok Reg 2426, eff 7-1-07 ; Amended at 25 Ok Reg 2093, eff 7-1-08 ; Amended at 26 Ok Reg 2390, eff 7-1-09 ; Amended at 27 Ok Reg 1991, eff 7-1-10 ; Amended at 28 Ok Reg 2127, eff 7-11-11 ; Amended at 30 Ok Reg 1881, eff 7-15-13

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/13/2019

Amended by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024