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Oklahoma House Bill HB1591

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1591 Compare Versions

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2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 58th Legislature (2021 )
3131
3232 HOUSE BILL 1591 By: Provenzano
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3939 AS INTRODUCED
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4141 An Act relating to virtual charter schools; amending
4242 70 O.S. 2011, Section 3 -104, as last amended by
4343 Section 1, Chapter 271, O.S.L. 2013 (70 O.S. Supp.
4444 2020, Section 3-104), which relates to State Board of
4545 Education powers and duties; striking reference to
4646 Statewide Virtual Charter School Board; amending 70
4747 O.S. 2011, Section 3 -142, as last amended by S ection
4848 1, Chapter 122, O.S.L. 2020 (70 O.S. Supp. 2020,
4949 Section 3-142), which relates to charter school
5050 funding; transferring sponsorship authority to the
5151 State Board of Education; amending Section 3, Chapter
5252 367, O.S.L. 2012, as amended by Section 4, Chapter
5353 212, O.S.L. 2013, Section 5, Chapter 367, O.S.L.
5454 2012, as last amended by Section 2, Chapter 27,
5555 O.S.L. 2020, Sections 6 and 7, Chapter 367, O.S.L.
5656 2012, as amended by Sections 6 and 7 , Chapter 212,
5757 O.S.L. 2013, Section 1, Chapter 225, O.S.L. 2015 and
5858 Section 1, Chapter 247, O.S.L. 20 17, as amended by
5959 Section 3, Chapter 27, O.S.L. 2020 (70 O.S. Supp.
6060 2020, Sections 3-145.1, 3-145.3, 3-145.4, 3-145.5, 3-
6161 145.7 and 3-145.8), which relate to statewide virtual
6262 charter schools; eliminating the Statewide Virtual
6363 Charter School Board; granting State Board of
6464 Education sole sponsorship authority ; transferring
6565 powers and duties to the State Board of Education;
6666 removing appeals process; directing State Board of
6767 Education to promulgate rules; providing for
6868 succession of certain contractual rights; changing
6969 revolving fund beneficiary; altering name of
7070 revolving fund; authorizing expenditure of funds by
7171 State Board of Education; modifying purpose and
7272 mission of fund; updating reference to State Board of
7373 Education; authorizing promulgation of rules ;
7474 amending Section 1, Chapter 86, O.S.L. 2020 (70 O.S.
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101101 Supp. 2020, Section 1210.704), which relates to
102102 advanced placement courses; modifying entity that may
103103 provide access to advance placement courses ;
104104 directing Board to maintain an online learning
105105 platform; repealing Section 4, Chapter 367, O.S.L.
106106 2012 (70 O.S. Supp. 2020 , Section 3-145.2), which
107107 relates to Statewide Virtual Charter School Board
108108 meetings; and providing an effective date .
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113113 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
114114 SECTION 1. AMENDATORY 70 O.S. 2011, Section 3 -104, as
115115 last amended by Section 1, Chapter 271, O.S.L. 2013 (70 O.S. Supp.
116116 2020, Section 3-104), is amended to read as follows:
117117 Section 3-104. The supervision of the public school system of
118118 Oklahoma shall be vested in the State Board of Education and,
119119 subject to limitations otherwise provided by law, the State Board of
120120 Education shall:
121121 1. Adopt policies and make rules for the operation of the
122122 public school system of the state;
123123 2. Appoint, prescribe the duties and fix the compensation of a
124124 secretary, an attorney and all other personnel necessary for the
125125 proper performance of the functions of the State Board of Education.
126126 The secretary shall not be a member of the Board;
127127 3. Submit to the Gove rnor a departmental budget based upon
128128 major functions of the Department as prepared by the State
129129 Superintendent of Public Instruction and supported by detailed data
130130 on needs and proposed operations as partially determined by the
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157157 budgetary needs of local sc hool districts filed with the State Board
158158 of Education for the ensuing fiscal year. Appropriations therefor
159159 shall be made in lump -sum form for each major item in the budget as
160160 follows:
161161 a. State Aid to schools,
162162 b. the supervision of all other functions of general and
163163 special education including general control, free
164164 textbooks, school lunch, Indian education and all
165165 other functions of the Board and an amount sufficient
166166 to adequately staff and administer these services, and
167167 c. the Board shall determine the de tails by which the
168168 budget and the appropriations are administered.
169169 Annually, the Board shall make preparations to
170170 consolidate all of the functions of the Department in
171171 such a way that the budget can be based on two items,
172172 administration and aid to schools . A maximum amount
173173 for administration shall be designated as a part of
174174 the total appropriation;
175175 4. On the first day of December preceding each regular session
176176 of the Legislature, prepare and deliver to the Governor and the
177177 Legislature a report for the ye ar ending June 30 immediately
178178 preceding the regular session of the Legislature. The report shall
179179 contain:
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206206 a. detailed statistics and other information concerning
207207 enrollment, attendance, expenditures including State
208208 Aid, and other pertinent data for all pu blic schools
209209 in this state,
210210 b. reports from each and every division within the State
211211 Department of Education as submitted by the State
212212 Superintendent of Public Instruction and any other
213213 division, department, institution or other agency
214214 under the supervisio n of the Board,
215215 c. recommendations for the improvement of the public
216216 school system of the state,
217217 d. a statement of the receipts and expenditures of the
218218 State Board of Education for the past year, and
219219 e. a statement of plans and recommendations for the
220220 management and improvement of public schools and such
221221 other information relating to the educational
222222 interests of the state as may be deemed necessary and
223223 desirable;
224224 5. Provide for the formulation and adoption of curricula,
225225 courses of study and other instructi onal aids necessary for the
226226 adequate instruction of pupils in the public schools;
227227 6. Have authority in matters pertaining to the licensure and
228228 certification of persons for instructional, supervisory and
229229 administrative positions and services in the public schools of the
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256256 state subject to the provisions of Section 6 -184 of this title, and
257257 shall formulate rules governing the issuance and revocation of
258258 certificates for superintendents of schools, principals,
259259 supervisors, librarians, clerical employees, school n urses, school
260260 bus drivers, visiting teachers, classroom teachers and for other
261261 personnel performing instructional, administrative and supervisory
262262 services, but not including members of boards of education and other
263263 employees who do not work directly with p upils, and may charge and
264264 collect reasonable fees for the issuance of such certificates:
265265 a. the State Department of Education shall not issue a
266266 certificate to and shall revoke the certificate of any
267267 person who has been convicted, whether upon a verdict
268268 or plea of guilty or upon a plea of nolo contendere,
269269 or received a suspended sentence or any probationary
270270 term for a crime or an attempt to commit a crime
271271 provided for in Section 843.5 of Title 21 of the
272272 Oklahoma Statutes if the offense involved sexual abuse
273273 or sexual exploitation as those terms are defined in
274274 Section 1-1-105 of Title 10A of the Oklahoma Statutes,
275275 Sections 741, 843.1, if the offense included sexual
276276 abuse or sexual exploitation, 865 et seq., 885, 888,
277277 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
278278 1111.1, 1114 or 1123 of Title 21 of the Oklahoma
279279 Statutes or who enters this state and who has been
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306306 convicted, received a suspended sentence or received a
307307 deferred judgment for a crime or attempted crime
308308 which, if committed or attempted in this state , would
309309 be a crime or an attempt to commit a crime provided
310310 for in any of said laws,
311311 b. all funds collected by the State Department of
312312 Education for the issuance of certificates to
313313 instructional, supervisory and administrative
314314 personnel in the public schoo ls of the state shall be
315315 deposited in the "Teachers' Certificate Fund" in the
316316 State Treasury and may be expended by the State Board
317317 of Education to finance the activities of the State
318318 Department of Education necessary to administer the
319319 program, for consult ative services, publication costs,
320320 actual and necessary travel expenses as provided in
321321 the State Travel Reimbursement Act incurred by persons
322322 performing research work, and other expenses found
323323 necessary by the State Board of Education for the
324324 improvement of the preparation and certification of
325325 teachers in Oklahoma. Provided, any unobligated
326326 balance in the Teachers ' Certificate Fund in excess of
327327 Ten Thousand Dollars ($10,000.00) on June 30 of any
328328 fiscal year shall be transferred to the General
329329 Revenue Fund of the State of Oklahoma. Until July 1,
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356356 1997, the State Board of Education shall have
357357 authority for approval of teacher education programs.
358358 The State Board of Education shall also have authority
359359 for the administration of teacher residency and
360360 professional development, subject to the provisions of
361361 the Oklahoma Teacher Preparation Act;
362362 7. Promulgate rules governing the classification, inspection,
363363 supervision and accrediting of all public nursery, kindergarten,
364364 elementary and secondary schools and on -site educational services
365365 provided by public school districts or state -accredited private
366366 schools in partial hospitalization programs, day treatment programs,
367367 and day hospital programs as defined in this act for persons between
368368 the ages of three (3) and twenty -one (21) years of age in the state.
369369 However, no school shall be denied accreditation solely on the basis
370370 of average daily attendance.
371371 Any school district which maintains an elementary school and
372372 faces the necessity of relocating its school facilities becau se of
373373 construction of a lake, either by state or federal authority, which
374374 will inundate the school facilities, shall be entitled to receive
375375 probationary accreditation from the State Board of Education for a
376376 period of five (5) years after the effective date of this act and
377377 any school district, otherwise qualified, shall be entitled to
378378 receive probationary accreditation from the State Board of Education
379379 for a period of two (2) consecutive years to attain the minimum
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406406 average daily attendance. The Head Start a nd public nurseries or
407407 kindergartens operated from Community Action Program funds shall not
408408 be subjected to the accrediting rules of the State Board of
409409 Education. Neither will the State Board of Education make rules
410410 affecting the operation of the public n urseries and kindergartens
411411 operated from federal funds secured through Community Action
412412 Programs even though they may be operating in the public schools of
413413 the state. However, any of the Head Start or public nurseries or
414414 kindergartens operated under feder al regulations may make
415415 application for accrediting from the State Board of Education but
416416 will be accredited only if application for the approval of the
417417 programs is made. The status of no school district shall be changed
418418 which will reduce it to a lower cl assification until due notice has
419419 been given to the proper authorities thereof and an opportunity
420420 given to correct the conditions which otherwise would be the cause
421421 of such reduction.
422422 Private and parochial schools may be accredited and classified
423423 in like manner as public schools or, if an accrediting association
424424 is approved by the State Board of Education, by procedures
425425 established by the State Board of Education to accept accreditation
426426 by such accrediting association, if application is made to the State
427427 Board of Education for such accrediting;
428428 8. Be the legal agent of the State of Oklahoma to accept, in
429429 its discretion, the provisions of any Act of Congress appropriating
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456456 or apportioning funds which are now, or may hereafter be, provided
457457 for use in connectio n with any phase of the system of public
458458 education in Oklahoma. It shall prescribe such rules as it finds
459459 necessary to provide for the proper distribution of such funds in
460460 accordance with the state and federal laws;
461461 9. Be and is specifically hereby desig nated as the agency of
462462 this state to cooperate and deal with any officer, board or
463463 authority of the United States Government under any law of the
464464 United States which may require or recommend cooperation with any
465465 state board having charge of the administrat ion of public schools
466466 unless otherwise provided by law;
467467 10. Be and is hereby designated as the "State Educational
468468 Agency" referred to in Public Law 396 of the 79th Congress of the
469469 United States, which law states that said act may be cited as the
470470 "National School Lunch Act", and said State Board of Education is
471471 hereby authorized and directed to accept the terms and provisions of
472472 said act and to enter into such agreements, not in conflict with the
473473 Constitution of Oklahoma or the Constitution and Statutes of the
474474 United States, as may be necessary or appropriate to secure for the
475475 State of Oklahoma the benefits of the school lunch program
476476 established and referred to in said act;
477477 11. Have authority to secure and administer the benefits of the
478478 National School Lunch Act, Public Law 396 of the 79th Congress of
479479 the United States, in the State of Oklahoma and is hereby authorized
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506506 to employ or appoint and fix the compensation of such additional
507507 officers or employees and to incur such expenses as may be necessary
508508 for the accomplishment of the above purpose, administer the
509509 distribution of any state funds appropriated by the Legislature
510510 required as federal matching to reimburse on children 's meals;
511511 12. Accept and provide for the administration of any land,
512512 money, buildings, gifts, donation or other things of value which may
513513 be offered or bequeathed to the schools under the supervision or
514514 control of said Board;
515515 13. Have authority to require persons having administrative
516516 control of all school districts in Oklahoma to make s uch regular and
517517 special reports regarding the activities of the schools in said
518518 districts as the Board may deem needful for the proper exercise of
519519 its duties and functions. Such authority shall include the right of
520520 the State Board of Education to withhold all state funds under its
521521 control, to withhold official recognition, including accrediting,
522522 until such required reports have been filed and accepted in the
523523 office of said Board and to revoke the certificates of persons
524524 failing or refusing to make such rep orts;
525525 14. Have general supervision of the school lunch program. The
526526 State Board of Education may sponsor workshops for personnel and
527527 participants in the school lunch program and may develop, print and
528528 distribute free of charge or sell any materials, book s and bulletins
529529 to be used in such school lunch programs. There is hereby created
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556556 in the State Treasury a revolving fund for the Board, to be
557557 designated the School Lunch Workshop Revolving Fund. The fund shall
558558 consist of all fees derived from or on behal f of any participant in
559559 any such workshop sponsored by the State Board of Education, or from
560560 the sale of any materials, books and bulletins, and such funds shall
561561 be disbursed for expenses of such workshops and for developing,
562562 printing and distributing of s uch materials, books and bulletins
563563 relating to the school lunch program. The fund shall be
564564 administered in accordance with Section 155 of Title 62 of the
565565 Oklahoma Statutes;
566566 15. Prescribe all forms for school district and county officers
567567 to report to the State Board of Education where required. The State
568568 Board of Education shall also prescribe a list of appropriation
569569 accounts by which the funds of school districts shall be budgeted,
570570 accounted for and expended; and it shall be the duty of the State
571571 Auditor and Inspector in prescribing all budgeting, accounting and
572572 reporting forms for school funds to conform to such lists;
573573 16. Provide for the establishment of a uniform system of pupil
574574 and personnel accounting, records and reports;
575575 17. Have authority to pro vide for the health and safety of
576576 school children and school personnel while under the jurisdiction of
577577 school authorities;
578578 18. Provide for the supervision of the transportation of
579579 pupils;
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606606 19. Have authority, upon request of the local school board, to
607607 act in behalf of the public schools of the state in the purchase of
608608 transportation equipment;
609609 20. Have authority and is hereby required to perform all duties
610610 necessary to the administration of the public school system in
611611 Oklahoma as specified in the Oklahoma School Code; and, in addition
612612 thereto, those duties not specifically mentioned herein if not
613613 delegated by law to any other agency or official;
614614 21. Administer the State Public Common School Building
615615 Equalization Fund established by Section 32 of Article X of the
616616 Oklahoma Constitution. Any monies as may be appropriated or
617617 designated by the Legislature, other than ad valorem taxes, any
618618 other funds identified by the State Department of Education, which
619619 may include, but not be limited to, grants -in-aid from the federal
620620 government for building purposes, the proceeds of all property that
621621 shall fall to the state by escheat, penalties for unlawful holding
622622 of real estate by corporations, and capital gains on assets of the
623623 permanent school funds, shall be deposited in the State Public
624624 Common School Building Equalization Fund. The fund shall be used to
625625 aid school districts and charter schools in acquiring buildings,
626626 subject to the limitations fixed by Section 32 of Article X of the
627627 Oklahoma Constitution. It is hereb y declared that the term
628628 "acquiring buildings" as used in Section 32 of Article X of the
629629 Oklahoma Constitution shall mean acquiring or improving school
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656656 sites, constructing, repairing, remodeling or equipping buildings,
657657 or acquiring school furniture, fixtur es, or equipment. For charter
658658 schools, the fund shall only be used to acquire buildings in which
659659 students enrolled in the charter school will be attending. It is
660660 hereby declared that the term "school districts" as used in Section
661661 32 of Article X of the O klahoma Constitution shall mean school
662662 districts and charter schools created pursuant to the provisions of
663663 the Oklahoma Charter Schools Act. If sufficient monies are
664664 available in the fund, the Board shall solicit proposals for grants
665665 from school districts and charter schools and shall determine the
666666 process for consideration of proposals. Grants shall be awarded
667667 only to school districts which have a total assessed property
668668 valuation per average daily membership that is less than the state
669669 average total assessed property valuation per average daily
670670 membership and, at the time of application, the district has voted
671671 the five-mill building fund levy authorized in Section 10 of Article
672672 X of the Oklahoma Constitution, and has voted indebtedness through
673673 the issuance of new bonds for at least fifty percent (50%) within
674674 the last three (3) years of the maximum allowable pursuant to the
675675 provisions of Section 26 of Article X of the Oklahoma Constitution
676676 as shown on the school district budget filed with the State Board o f
677677 Equalization for the current school year and certifications by the
678678 Attorney General prior to April 1 of the school year. Grants shall
679679 be awarded only to charter schools which have secured matching funds
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706706 for the specific purpose of acquiring buildings in an amount of not
707707 less than ten percent (10%) of the total grant amount. The amount
708708 of each grant awarded by the Board each year shall not exceed Four
709709 Million Dollars ($4,000,000.00). From the total amount available to
710710 provide grants to public schools an d charter schools, charter
711711 schools shall be allocated the greater of ten percent (10%) of the
712712 total amount or the percent of students enrolled in charter schools
713713 that are not sponsored by the Statewide Virtual Charter School Board
714714 virtual charter schools as compared to the student enrollment in
715715 school districts which have a total assessed property valuation per
716716 average daily membership that is equal to or less than twenty -five
717717 percent (25%) of the state total assessed property valuation per
718718 average daily membership. The Board shall give priority
719719 consideration to school districts which have a total assessed
720720 property valuation per average daily membership that is equal to or
721721 less than twenty-five percent (25%) of the state average total
722722 assessed property valu ation per average daily membership. The Board
723723 is authorized to prorate grants awarded if monies are not sufficient
724724 in the fund to award grants to qualified districts and charter
725725 schools. The State Board of Education shall make available to
726726 eligible charter schools any unused grant funds that remain after
727727 the initial allocation to all eligible public school districts and
728728 charter schools of this state. The State Board of Education shall
729729 prescribe rules for making grants of aid from, and for otherwise
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756756 administering, the fund pursuant to the provisions of this
757757 paragraph, and may employ and fix the duties and compensation of
758758 technicians, aides, clerks, stenographers, attorneys and other
759759 personnel deemed necessary to carry out the provisions of this
760760 paragraph. The cost of administering the fund shall be paid from
761761 monies appropriated to the State Board of Education for the
762762 operation of the State Department of Education;
763763 22. Recognize that the Director of the Oklahoma Department of
764764 Corrections shall be the admin istrative authority for the schools
765765 which are maintained in the state reformatories and shall appoint
766766 the principals and teachers in such schools. Provided, that rules
767767 of the State Board of Education for the classification, inspection
768768 and accreditation of public schools shall be applicable to such
769769 schools; and such schools shall comply with standards set by the
770770 State Board of Education; and
771771 23. Have authority to administer a revolving fund which is
772772 hereby created in the State Treasury, to be designated th e
773773 Statistical Services Revolving Fund. The fund shall consist of all
774774 monies received from the various school districts of the state, the
775775 United States Government, and other sources for the purpose of
776776 furnishing or financing statistical services and for an y other
777777 purpose as designated by the Legislature. The State Board of
778778 Education is hereby authorized to enter into agreements with school
779779 districts, municipalities, the United States Government, foundations
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806806 and other agencies or individuals for services, p rograms or research
807807 projects. The Statistical Services Revolving Fund shall be
808808 administered in accordance with Section 155 of Title 62 of the
809809 Oklahoma Statutes.
810810 SECTION 2. AMENDATORY 70 O.S. 2011, Section 3 -142, as
811811 last amended by Section 1, Chapter 122, O.S.L. 2020 (70 O.S. Supp.
812812 2020, Section 3-142), is amended to read as follows:
813813 Section 3-142. A. For purposes of funding, a charter school
814814 sponsored by a board of education of a school district shall be
815815 considered a site within the school district in which the charter
816816 school is located. The student membership of the charter school
817817 shall be considered separate from the student membership of the
818818 district in which the charter school is located for the purpose of
819819 calculating weighted average daily membership pursuant to Section
820820 18-201.1 of this title and State Aid pursuant to Section 18 -200.1 of
821821 this title. For charter schools sponsored by a board of education
822822 of a school district, the sum of the separate calculations for the
823823 charter school and the school district shall be used to determine
824824 the total State Aid allocation for the district in which the charter
825825 school is located. A charter school shall receive from the
826826 sponsoring school district, the State Aid allocation and any other
827827 state-appropriated revenue generated by its students for the
828828 applicable year, less up to three percent (3%) of the State Aid
829829 allocation, which may be retained by the school district as a fee
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856856 for administrative services rendered. For charter schools spons ored
857857 by the board of education of a technology center school district, a
858858 higher education institution, the State Board of Education, or a
859859 federally recognized Indian tribe and for statewide virtual charter
860860 schools sponsored by the Statewide Virtual Charter School State
861861 Board of Education, the State Aid allocation for the charter school
862862 shall be distributed by the State Board of Education and not more
863863 than three percent (3%) of the State Aid allocation may be charged
864864 by the sponsor as a fee for administrativ e services rendered. The
865865 State Board of Education shall determine the policy and procedure
866866 for making payments to a charter school. The fee for administrative
867867 services as authorized in this subsection shall only be assessed on
868868 the State Aid allocation am ount and shall not be assessed on any
869869 other appropriated amounts. A sponsor of a charter school shall not
870870 retain any additional State Aid allocation or charge the charter
871871 school any additional fee above the amounts allowed by this
872872 subsection unless the ad ditional fees are for additional services
873873 rendered. The charter school sponsor shall provide to the State
874874 Department of Education financial records documenting any state
875875 funds retained by the sponsor for administrative services rendered
876876 for the previous year.
877877 B. 1. The weighted average daily membership for the first year
878878 of operation of a charter school shall be determined initially by
879879 multiplying the actual enrollment of students as of August 1 by
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906906 1.333. The charter school shall receive revenue equal t o that which
907907 would be generated by the estimated weighted average daily
908908 membership calculated pursuant to this paragraph. At midyear, the
909909 allocation for the charter school shall be adjusted using the first
910910 quarter weighted average daily membership for the charter school
911911 calculated pursuant to subsection A of this section.
912912 2. For the purpose of calculating weighted average daily
913913 membership pursuant to Section 18 -201.1 of this title and State Aid
914914 pursuant to Section 18 -200.1 of this title, the weighted aver age
915915 daily membership for the first year of operation and each year
916916 thereafter of a full -time virtual charter school shall be determined
917917 by multiplying the actual enrollment of students as of August 1 by
918918 1.333. The full-time virtual charter school shall re ceive revenue
919919 equal to that which would be generated by the estimated weighted
920920 average daily membership calculated pursuant to this paragraph. At
921921 midyear, the allocation for the full -time virtual charter school
922922 shall be adjusted using the first quarter we ighted average daily
923923 membership for the virtual charter school calculated pursuant to
924924 subsection A of this section.
925925 C. A charter school shall be eligible to receive any other aid,
926926 grants or revenues allowed to other schools. A charter school
927927 sponsored by the board of education of a technology center school
928928 district, a higher education institution, the State Board of
929929 Education, or a federally recognized Indian tribe shall be
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956956 considered a local education agency for purposes of funding. A
957957 charter school sponsored by a board of education of a school
958958 district shall be considered a local education agency for purposes
959959 of federal funding.
960960 D. A charter school, in addition to the money received from the
961961 state, may receive money from any other source. Any unexpend ed
962962 funds may be reserved and used for future purposes. The governing
963963 body of a charter school shall not levy taxes or issue bonds. If
964964 otherwise allowed by law, the governing body of a charter school may
965965 enter into private contracts for the purposes of bo rrowing money
966966 from lenders. If the governing body of the charter school borrows
967967 money, the charter school shall be solely responsible for repaying
968968 the debt, and the state or the sponsor shall not in any way be
969969 responsible or obligated to repay the debt.
970970 E. Any charter school which chooses to lease property shall be
971971 eligible to receive current government lease rates.
972972 F. Except as otherwise provided in this subsection, each
973973 charter school shall pay to the Charter School Closure Reimbursement
974974 Revolving Fund created in subsection G of this section an amount
975975 equal to Five Dollars ($5.00) per student based on average daily
976976 membership, as defined by paragraph 2 of Section 18 -107 of this
977977 title, during the first nine (9) weeks of the school year. Each
978978 charter school shall complete the payment every school year within
979979 thirty (30) days after the first nine (9) weeks of the school year.
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10061006 If the Charter School Closure Reimbursement Revolving Fund has a
10071007 balance of One Million Dollars ($1,000,000.00) or more on July 1, no
10081008 payment shall be required the following school year.
10091009 G. There is hereby created in the State Treasury a revolving
10101010 fund for the State Department of Education to be designated the
10111011 "Charter School Closure Reimbursement Revolving Fund". The fund
10121012 shall be a continuing fund, not subject to fiscal year limitations,
10131013 and shall consist of all monies received by the State Department of
10141014 Education from charter schools as provided in subsection F of this
10151015 section. All monies accruing to the credit of said fund are h ereby
10161016 appropriated and may be budgeted and expended by the State
10171017 Department of Education for the purpose of reimbursing charter
10181018 school sponsors for costs incurred due to the closure of a charter
10191019 school. Expenditures from said fund shall be made upon warra nts
10201020 issued by the State Treasurer against claims filed as prescribed by
10211021 law with the Director of the Office of Management and Enterprise
10221022 Services for approval and payment. The State Department of
10231023 Education may promulgate rules regarding sponsor eligibilit y for
10241024 reimbursement.
10251025 SECTION 3. AMENDATORY Section 3, Chapter 367, O.S.L.
10261026 2012, as amended by Section 4, Chapter 212, O.S.L. 2013 (70 O.S.
10271027 Supp. 2020, Section 3-145.1), is amended to read as follows:
10281028 Section 3-145.1 A. There is hereby created the Statewide
10291029 Virtual Charter School Board. The State Board of Education shall
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10561056 have the sole authority to authorize and sponsor statewide virtual
10571057 charter schools in this state. The Board shall be composed of five
10581058 (5) voting members as foll ows:
10591059 1. One member appointed by the Governor, who shall be a
10601060 resident and elector of the Fifth Congressional District;
10611061 2. Two members appointed by the President Pro Tempore of the
10621062 Senate, one of whom shall be a resident and elector of the First
10631063 Congressional District and one of whom shall be a resident and
10641064 elector of the Third Congressional District;
10651065 3. Two members appointed by the Speaker of the House of
10661066 Representatives, one of whom shall be a resident and elector of the
10671067 Second Congressional District an d one of whom shall be a resident
10681068 and elector of the Fourth Congressional District; and
10691069 4. The State Superintendent of Public Instruction and the
10701070 Secretary of Education or their designees shall serve as ex officio
10711071 nonvoting members, and shall not be count ed toward a quorum.
10721072 B. Initial appointments shall be made by August 1, 2012. The
10731073 President Pro Tempore of the Senate and the Speaker of the House of
10741074 Representatives shall each appoint one member for one (1) year and
10751075 one member for three (3) years. The G overnor shall appoint one
10761076 member for two (2) years. Members shall serve until their
10771077 successors are duly appointed for a term of three (3) years.
10781078 Appointments shall be made by and take effect on November 1 of the
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11051105 year in which the appointment is made. An nually by December 30 the
11061106 Board shall elect from its membership a chair and vice -chair.
11071107 C. A member may be removed from the Board by the appointing
11081108 authority for cause which shall include, but not be limited to:
11091109 1. Being found guilty by a court of compet ent jurisdiction of a
11101110 felony or any offense involving moral turpitude;
11111111 2. Being found guilty of malfeasance, misfeasance or
11121112 nonfeasance in relation to Board duties;
11131113 3. Being found mentally incompetent by a court of competent
11141114 jurisdiction; or
11151115 4. Failing to attend three successive meetings of the Board
11161116 without just cause, as determined by the Board.
11171117 D. Vacancies shall be filled by the appointing authority.
11181118 E. No member of the Senate or House of Representatives may be
11191119 appointed to the Board while serving as a member of the Legislature,
11201120 or for two (2) full years following the expiration of the term of
11211121 office.
11221122 F. The State Department of Education shall provide staff
11231123 support to the Board until December 31, 2014, and thereafter the
11241124 Department shall provide of fice space for the operation of the
11251125 Board.
11261126 SECTION 4. AMENDATORY Section 5, Chapter 367, O.S.L.
11271127 2012, as last amended by Section 2, Chapter 27, O.S.L. 2020 (70 O.S.
11281128 Supp. 2020, Section 3 -145.3), is amended to read as follows:
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11551155 Section 3-145.3 A. Subject to the requirements of the Oklahoma
11561156 Charter Schools Act, the Statewide Virtual Charter School State
11571157 Board of Education shall:
11581158 1. Provide oversight of the operations of statewide virtual
11591159 charter schools in this state;
11601160 2. Establish a procedure for accepting, approving and
11611161 disapproving statewide virtual charter school applications and a
11621162 process for renewal or revocation of approved charter school
11631163 contracts which minimally meet the procedures set forth in the
11641164 Oklahoma Charter Schools Act;
11651165 3. Make publicly available a list of supplemental online
11661166 courses which have been reviewed and certified by the Statewide
11671167 Virtual Charter School State Board of Education to ensure that the
11681168 courses are high-quality options and are aligned with the subj ect
11691169 matter standards adopted by the State Board of Education pursuant to
11701170 Section 11-103.6 of this title. The Statewide Virtual Charter
11711171 School State Board of Education shall give special emphasis on
11721172 listing supplemental online courses in science, technolog y,
11731173 engineering and math (STEM), foreign language and advanced placement
11741174 courses. School districts shall not be limited to selecting
11751175 supplemental online courses that have been reviewed and certified by
11761176 the Statewide Virtual Charter School State Board of Education and
11771177 listed as provided for in this paragraph; and
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12041204 4. In conjunction with the Office of Management and Enterprise
12051205 Services, negotiate and enter into contracts with supplemental
12061206 online course providers to offer a state rate price to school
12071207 districts for supplemental online courses that have been reviewed
12081208 and certified by the Statewide Virtual Charter School State Board of
12091209 Education and listed as provided for in paragraph 3 of this
12101210 subsection.
12111211 B. Each statewide virtual charter school which has been
12121212 approved and sponsored by the Board or any virtual charter school
12131213 for which the Board has assumed sponsorship of as provided for in
12141214 Section 3-145.5 of this title shall be considered a statewide
12151215 virtual charter school and, except as provided in subsection H of
12161216 this section, the geographic boundaries of each statewide virtual
12171217 charter school shall be the borders of the state.
12181218 C. Each statewide virtual charter school approved by the
12191219 Statewide Virtual Charter School State Board of Education shall be
12201220 eligible to receive federal funds generated by students enrolled in
12211221 the charter school for the applicable year. Each statewide virtual
12221222 charter school shall be considered a separate local education agency
12231223 for purposes of reporting and accountability.
12241224 D. As calculated as provided for in Section 3 -142 of this
12251225 title, a statewide virtual charter school shall receive the State
12261226 Aid allocation and any other state -appropriated revenue generated by
12271227 students enrolled in the virtual charter school for the applicable
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12541254 year, less up to five percent (5%) of the State Aid allocation,
12551255 which may be retained by the Statewide Virtual Charter School State
12561256 Board of Education for administrative expenses and to support the
12571257 mission of the Board. A statewide virtual charter school shall be
12581258 eligible for any other funding any other charter school is eligible
12591259 for as provided for in Section 3 -142 of this title. Each statewide
12601260 virtual charter school shall be considered a separate local
12611261 education agency for purposes of reporting and accountability.
12621262 E. A virtual charter school shall be subject to the same
12631263 reporting requirements, financial audits, audit procedures and audit
12641264 requirements as a school district. The State Department of
12651265 Education or State Auditor and Inspector may conduct financial,
12661266 program or compliance audits. A virtual charter school shall use
12671267 the Oklahoma Cost Accounting System (OCAS) to report financial
12681268 transactions to the State Department of Education.
12691269 F. A virtual charter school governing body shall be responsible
12701270 for the policies that govern the operational decisions of the
12711271 virtual charter school. The governing body of a virtual charter
12721272 school shall be subject to the same conflict of interest
12731273 requirements as a member of a local school board including, but not
12741274 limited to, Sections 5-113 and 5-124 of this title. Members
12751275 appointed to the governing body of a virtual charter school after
12761276 July 1, 2019, shall be subject to the same instruction and
12771277 continuing education requirements as a member of a local school
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13041304 board and pursuant to Sect ion 5-110 of this title, complete twelve
13051305 (12) hours of instruction within fifteen (15) months of appointment
13061306 to the governing body, and pursuant to Section 5 -110.1 of this
13071307 title, attend continuing education.
13081308 G. Students enrolled full -time in a statewide v irtual charter
13091309 school sponsored by the Statewide Virtual Charter School State Board
13101310 of Education shall not be authorized to participate in any
13111311 activities administered by the Oklahoma Secondary Schools Activities
13121312 Association. However, the students may part icipate in intramural
13131313 activities sponsored by a statewide virtual charter school, an
13141314 online provider for the charter school or any other outside
13151315 organization.
13161316 H. 1. Beginning with the 2021 -2022 school year, public school
13171317 students who wish to enroll in a virtual charter school shall be
13181318 considered a transfer student from their resident school district.
13191319 A virtual charter school shall pre -enroll any public school student
13201320 whose parent expresses intent to enroll in the district. Upon pre -
13211321 enrollment, the State Department of Education shall initiate a
13221322 transfer on a form to be completed by the receiving virtual charter
13231323 school. Upon approval of the receiving virtual charter school, the
13241324 student may begin instructional activities. Upon notice that a
13251325 public school student has transferred to a virtual charter school,
13261326 the resident school district shall transmit the student's records
13271327 within three (3) school days.
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13541354 2. The State Department of Education shall notify the
13551355 Legislature and Governor if it determines that the i nformation
13561356 technology infrastructure necessary to process the transfer of
13571357 students to a virtual charter school is inadequate and one (1)
13581358 additional school year is needed for implementation.
13591359 3. A public school student may transfer to one statewide
13601360 virtual charter school at any time during a school year. For
13611361 purposes of this subsection, "school year" shall mean July 1 through
13621362 the following June 30. After one statewide virtual charter school
13631363 transfer during a school year, no public school student shall be
13641364 permitted to transfer to any other statewide virtual charter school
13651365 without the concurrence of both the resident school district and the
13661366 receiving virtual charter school. A student shall have a grace
13671367 period of fifteen (15) school days from the first day of enrollment
13681368 in a statewide virtual charter school to withdraw without academic
13691369 penalty and shall continue to have the option of one virtual charter
13701370 school transfer without the concurrence of both districts during
13711371 that same school year. A statewide virtual charter school student
13721372 that has utilized the allowable one transfer pursuant to this
13731373 subsection shall not be permitted to transfer to another district or
13741374 other statewide virtual charter school without first notifying his
13751375 or her resident district and initi ating a new transfer. Upon
13761376 cancellation of a transfer the virtual charter school shall transmit
13771377 the student's records to the student's new school district within
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14041404 three (3) school days. Students enrolled in a statewide virtual
14051405 charter school shall not be required to submit a virtual charter
14061406 transfer for consecutive years of enrollment. Any student enrolled
14071407 in a statewide virtual charter school the year prior to the
14081408 implementation of this section shall not be required to submit a
14091409 transfer in order to remai n enrolled.
14101410 4. For purposes of this subsection, "parent" shall mean the
14111411 parent of the student or person having custody of the student as
14121412 provided for in paragraph 1 of subsection A of Section 1 -113 of this
14131413 title.
14141414 I. A virtual charter school shall not acc ept or deny a transfer
14151415 based on ethnicity, national origin, gender, income level, disabling
14161416 condition, proficiency in the English language, measure of
14171417 achievement, aptitude or athletic ability.
14181418 J. The decision of the Statewide Virtual Charter School Board
14191419 to deny, nonrenew or terminate the charter contract of a statewide
14201420 virtual charter school may be appealed to the State Board of
14211421 Education within thirty (30) days of the decision by the Statewide
14221422 Virtual Charter School Board. The State Board of Education shall
14231423 act on the appeal within sixty (60) days of receipt of the request
14241424 from the statewide virtual charter school applicant. The State
14251425 Board of Education may reverse the decision of the Statewide Virtual
14261426 Charter School Board or may remand the matter back to the Statewide
14271427 Virtual Charter School Board for further proceeding as directed.
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14541454 SECTION 5. AMENDATORY Section 6, Chapter 367, O.S.L.
14551455 2012, as amended by Section 6, Chapter 212, O.S.L. 2013 (7 0 O.S.
14561456 Supp. 2020, Section 3-145.4), is amended to read as follows:
14571457 Section 3-145.4 Pursuant to and in compliance with Article I of
14581458 the Administrative Procedures Act, the Statewide Virtual Charter
14591459 School State Board of Education shall promulgate rules as may be
14601460 necessary to implement the pr ovisions of this act.
14611461 SECTION 6. AMENDATORY Section 7, Chapter 367, O.S.L.
14621462 2012, as amended by Section 7, Chapter 212, O.S.L. 2013 (70 O.S.
14631463 Supp. 2020, Section 3-145.5), is amended to read as follows:
14641464 Section 3-145.5 A. Notwithstanding any other provision of law,
14651465 beginning July 1, 2014, no school district shall offer full -time
14661466 virtual education to students who are not residents of the school
14671467 district or enter into a virtual charter school contract with a
14681468 provider to provide full -time virtual education to students who do
14691469 not reside within the school district boundaries.
14701470 B. Effective July November 1, 2014 2021, the Statewide Virtual
14711471 Charter School State Board of Education shall succeed to any
14721472 contractual rights and responsibilities incurred by a school
14731473 district in a virtual charter school contract executed prior to
14741474 January November 1, 2014 2021, with a provider to provide full -time
14751475 virtual education to students who do not reside within the school
14761476 district boundaries. All property, equipment, supplies, records,
14771477 assets, current and future liability, encumbrances, obligations and
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15041504 indebtedness associated with the contract shall be transferred to
15051505 the Statewide Virtual Charter School State Board of Education.
15061506 Appropriate conveyances and other documents shall be executed to
15071507 effectuate the transfer of any property associated with the
15081508 contract. Upon succession of the contract, the Board shall assume
15091509 sponsorship of the virtual charter school for the remainder of the
15101510 term of the contract. Pr ior to the end of the current term of the
15111511 contract, the Board shall allow the provider of the virtual charter
15121512 school to apply for renewal of the contract with the Board in
15131513 accordance with the renewal procedures established pursuant to
15141514 Section 3-145.3 of this title.
15151515 SECTION 7. AMENDATORY Section 1, Chapter 225, O.S.L.
15161516 2015 (70 O.S. Supp. 2020 , Section 3-145.7), is amended to read as
15171517 follows:
15181518 Section 3-145.7 There is hereby created in the State Treasury a
15191519 revolving fund for the Statewide Virtual Charter School State Board
15201520 of Education to be designated the "Statewide Virtual Charter School
15211521 Board Revolving Fund". The fund shall be a continuing fund, not
15221522 subject to fiscal year limitations, and shall consist of all monies
15231523 received by the Statewide Virtual Charter School State Board of
15241524 Education from State Aid pursuant to Section 3 -145.3 of Title 70 of
15251525 the Oklahoma Statutes this title or any other state appropriation.
15261526 All monies accruing to the credit of the fund are hereby
15271527 appropriated and may be budgeted and expended by the Statewide
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15541554 Virtual Charter School State Board of Education for the purpose of
15551555 supporting the mission of the Statewide Virtual Charter School Board
15561556 statewide virtual charter schools . Expenditures from the fund shall
15571557 be made upon warrants issued by the State Treasurer against claims
15581558 filed as prescribed by law with the Director of the Office of
15591559 Management and Enterprise Services for approval and payment.
15601560 SECTION 8. AMENDATORY Section 1, Chapter 24 7, O.S.L.
15611561 2017, as amended by Section 3, Chapter 27, O.S.L. 2020 (70 O.S.
15621562 Supp. 2020, Section 3 -145.8), is amended to read as follows:
15631563 Section 3-145.8 A. It shall be the duty of each virtual
15641564 charter school approved and sponsored by the Statewide Virtual
15651565 School State Board of Education pursuant to the provisions of
15661566 Section 3-145.3 of Title 70 of the Oklahoma Statutes this title to
15671567 keep a full and complete record of the attendance of all students
15681568 enrolled in the virtual charter school in one of the student
15691569 information systems approved by the State Department of Education
15701570 and locally selected by the virtual school from the approved list.
15711571 B. By July 1, 2020, the governing body of each virtual charter
15721572 school shall adopt an attendance policy. The policy may al low
15731573 attendance to be a proportional amount of the required attendance
15741574 policy provisions based upon the date of enrollment of the student.
15751575 The attendance policy shall include the following provisions:
15761576 1. The first date of attendance and membership shall b e the
15771577 first date the student completes an instructional activity.
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16041604 2. A student who attends a virtual charter school shall be
16051605 considered in attendance for a quarter if the student:
16061606 a. completes instructional activities on no less than
16071607 ninety percent (90%) of the days within the quarter,
16081608 b. is on pace for on-time completion of the course as
16091609 defined by the governing board of the virtual charter
16101610 school, or
16111611 c. completes no less than seventy -two instructional
16121612 activities within the quarter of the academic year.
16131613 3. For a student who does not meet any of the criteria set
16141614 forth in paragraph 1 or 2 of this subsection, the amount of
16151615 attendance recorded shall be the greater of:
16161616 a. the number of school days during which the student
16171617 completed the instructional activities during the
16181618 quarter,
16191619 b. the number of school days proportional to the
16201620 percentage of the course that has been completed, or
16211621 c. the number of school days proportional to the
16221622 percentage of the required minimum number of completed
16231623 instructional activities duri ng the quarter.
16241624 C. For the purposes of this section, "instructional activities"
16251625 shall include instructional meetings with a teacher, completed
16261626 assignments that are used to record a grade for a student that is
16271627 factored into the student's grade for the seme ster during which the
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16541654 assignment is completed, testing and school -sanctioned field trips,
16551655 and orientation.
16561656 D. Each statewide virtual charter school approved and sponsored
16571657 by the Statewide Virtual Charter School State Board of Education
16581658 pursuant to the provisions of Section 3 -145.3 of this title shall
16591659 offer a student orientation, notify the parent or legal guardian and
16601660 each student who enrolls in that school of the requirement to
16611661 participate in the student orientation, and require all students
16621662 enrolled to complete the student orientation prior to completing any
16631663 other instructional activity. The Statewide Virtual Charter School
16641664 State Board of Education shall promulgate rules to develop materials
16651665 for orientation.
16661666 E. Any student that is behind pace and does n ot complete an
16671667 instructional activity for a fifteen -school-day period shall be
16681668 withdrawn for truancy. The virtual charter school shall submit a
16691669 notification to the parent or legal guardian of a student who has
16701670 been withdrawn for truancy or is approaching truancy.
16711671 F. A student who is reported for truancy two times in the same
16721672 school year shall be withdrawn and prohibited from enrolling in the
16731673 same virtual charter school for the remainder of the school year.
16741674 G. The governing body of each statewide virtual charter school
16751675 shall develop, adopt and post on the school's website a policy
16761676 regarding consequences for a student's failure to attend school and
16771677 complete instructional activities. The policy shall state, at a
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17041704 minimum, that if a student fails to consisten tly attend school and
17051705 complete instructional activities after receiving a notification
17061706 pursuant to subsection E of this section and reasonable intervention
17071707 strategies have been implemented, a student shall be subject to
17081708 certain consequences including withd rawal from the school for
17091709 truancy.
17101710 H. If a statewide virtual charter school withdraws a student
17111711 pursuant to subsections F and G of this section, the virtual charter
17121712 school shall immediately notify the student's resident district in
17131713 writing of the student' s disenrollment.
17141714 I. The provisions of subsections F, G and H of this section
17151715 shall not be in effect until the implementation of subsection H of
17161716 Section 3-145.3 of this title.
17171717 J. The Statewide Virtual Charter School State Board of
17181718 Education may promulgate rules to implement the provisions of this
17191719 section.
17201720 SECTION 9. AMENDATORY Section 1, Chapter 86, O.S.L. 2020
17211721 (70 O.S. Supp. 2020, Section 1210.704), is amended to read as
17221722 follows:
17231723 Section 1210.704 A. Beginning with the 2024 –2025 school year,
17241724 all public high schools in this state shall make a minimum of four
17251725 advanced placement courses available to students.
17261726 B. Local boards of education in each district shall be
17271727 responsible for ensuring annually that all high school students have
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17541754 access to advanced placement courses beginning in the 2024 -2025
17551755 school year. Such access may be provided through enrollment in
17561756 courses offered through:
17571757 1. A school site or sites within the district;
17581758 2. A career and technology institution within the distri ct;
17591759 3. A program offered by the Statewide Virtual Charter School
17601760 State Board of Education or one of its vendors; or
17611761 4. A school site or sites in another school district.
17621762 C. The Statewide Virtual Charter School State Board of
17631763 Education shall maintain an online learning platform to provide
17641764 high-quality online learning opportunities for Oklahoma students
17651765 that are aligned with the subject matter standards adopted by the
17661766 State Board of Education pursuant to Section 11 -103.6 of Title 70 of
17671767 the Oklahoma Statute s this title. The Board shall implement online
17681768 courses, with an emphasis on science, technology, engineering, and
17691769 math (STEM) courses, foreign language courses and advanced placement
17701770 courses. The online platform shall be available to all Oklahoma
17711771 school districts.
17721772 D. The State Department of Education shall provide information
17731773 to all local boards of education, to be distributed to their
17741774 students and parents, on available opportunities and the enrollment
17751775 process for students to take advanced placement cour ses. The
17761776 information shall explain the value of advanced placement courses in
17771777 preparing students for postsecondary -level coursework, enabling
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18041804 students to gain access to postsecondary opportunities, and
18051805 qualifying for scholarships and other financial aid o pportunities.
18061806 E. The State Department of Education shall retain records of
18071807 which options outlined in subsection B of this section local boards
18081808 of education selected for their students and make the information
18091809 available on the Department's website.
18101810 F. As used in this section, "advanced placement course" shall
18111811 have the same meaning as provided in paragraph 1 of Section 1210.702
18121812 of Title 70 of the Oklahoma Statutes this title.
18131813 SECTION 10. REPEALER Section 4, Chapter 367, O.S.L. 2012
18141814 (70 O.S. Supp. 2020, Section 3-145.2), is hereby repealed.
18151815 SECTION 11. This act shall become effective November 1, 2021 .
18161816
18171817 58-1-6528 EK 01/06/21
18181818