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OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA
The Honorable Mike Shelton State Representative, District 97 2300 N. Lincoln Blvd., Room 539 Oklahoma City, Oklahoma 73105
Dear Representative Shelton:
ATTORNEY GENERAL OPINION 2014-4
March 10,2014
This office has received your request for an Attorney General Opinion in which you ask, in effect, the following questions:
1. Does the State Board of Career and Technology Education have the authority to promulgate a rule that allows a common school district to annex to a technology center school district or to deannex from a technology center school district?
2. If legislation were enacted pursuant to OKLA. CONST, art. X, § 9B(H) to specifically prescribe procedures related to annexation to and deannexation from a technology center school district, would the legislation supersede the effect of the administrative rule promulgated at OAC 780:15-3-5 by the State Board of Career and Technology Education?
3. If a tax levy in a technology center school district is established through an election called for that purpose, does the State Board of Career Technology Education have the authority to promulgate a rule providing for a gradual phase-in or phase-out of the tax levy for newly annexed or deannexed schools?
The Oklahoma Constitution allows for technology center school districts to be established, including a tax levy on an ad valorem basis to support the district. OKLA. CONST, art. X, § 9B(A). In order to be established, the levy must be approved by a majority of the electors of the teclinology center school district at an election called for that purpose. Id. The levy is to be made each year until repealed by a majority of the electors in the technology center school district. Id.
The State Board of Career and Teclinology Education ("State Board") is granted authority to prescribe criteria and procedures for the establishment and governance of technology center school districts. OKLA. CONST, art. X, § 9B(G) ("districts shall be established in accordance with
313 N.E. 21ST STREET • OKLAHOMA CITY, OK 73105 • (405) 521-3921 • FAX: (405) 521-6246
\jf recycled paper
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| Title | 2014-4 1 |
| Full text | OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA The Honorable Mike Shelton State Representative, District 97 2300 N. Lincoln Blvd., Room 539 Oklahoma City, Oklahoma 73105 Dear Representative Shelton: ATTORNEY GENERAL OPINION 2014-4 March 10,2014 This office has received your request for an Attorney General Opinion in which you ask, in effect, the following questions: 1. Does the State Board of Career and Technology Education have the authority to promulgate a rule that allows a common school district to annex to a technology center school district or to deannex from a technology center school district? 2. If legislation were enacted pursuant to OKLA. CONST, art. X, § 9B(H) to specifically prescribe procedures related to annexation to and deannexation from a technology center school district, would the legislation supersede the effect of the administrative rule promulgated at OAC 780:15-3-5 by the State Board of Career and Technology Education? 3. If a tax levy in a technology center school district is established through an election called for that purpose, does the State Board of Career Technology Education have the authority to promulgate a rule providing for a gradual phase-in or phase-out of the tax levy for newly annexed or deannexed schools? The Oklahoma Constitution allows for technology center school districts to be established, including a tax levy on an ad valorem basis to support the district. OKLA. CONST, art. X, § 9B(A). In order to be established, the levy must be approved by a majority of the electors of the teclinology center school district at an election called for that purpose. Id. The levy is to be made each year until repealed by a majority of the electors in the technology center school district. Id. The State Board of Career and Teclinology Education ("State Board") is granted authority to prescribe criteria and procedures for the establishment and governance of technology center school districts. OKLA. CONST, art. X, § 9B(G) ("districts shall be established in accordance with 313 N.E. 21ST STREET • OKLAHOMA CITY, OK 73105 • (405) 521-3921 • FAX: (405) 521-6246 \jf recycled paper |
| Date created | 2014-04-03 |
| Date modified | 2014-04-03 |
