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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1595 By: Provenzano
AS INTRODUCED
An Act relating to schools; amending Section 5,
Chapter 367, O.S.L. 2012, as last amended by Section
2, Chapter 27, O.S.L. 2020 (70 O .S. Supp. 2020,
Section 3-145.3), which relates to virtual charter
schools; prescribing penalty for untimely
transmission of student records; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 5, Chapter 367, O.S.L.
2012, as last amended by Section 2, Chapter 27, O.S.L. 2020 (70 O.S.
Supp. 2020, Section 3 -145.3), is amended to read as follows:
Section 3-145.3 A. Subject to the requirements of the Oklaho ma
Charter Schools Act, the Statewide Virtual Charter School Board
shall:
1. Provide oversight of the operations of statewide virtual
charter schools in this state;
2. Establish a procedure for accepting, approving and
disapproving statewide virtual char ter school applications and a
process for renewal or revocation of approved charter school
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contracts which minimally meet the procedures set forth in the
Oklahoma Charter Schools Act;
3. Make publicly available a list of supplemental online
courses which have been reviewed and certified by the Statewide
Virtual Charter School Board to ensure that the courses are high
quality options and are aligned with the subject matter standards
adopted by the State Board of Education pursuant to Section 11 -103.6
of this title. The Statewide Virtual Charter School Board shall
give special emphasis on listing supplemental online courses in
science, technology, engineering and math (STEM), foreign language
and advanced placement courses. School districts shall not be
limited to selecting supplemental online courses that have been
reviewed and certified by the Statewide Virtual Charter School Board
and listed as provided for in this paragraph; and
4. In conjunction with the Office of Management and Enterprise
Services, negotiate and enter into contracts with supplemental
online course providers to offer a state rate price to school
districts for supplemental online courses that have been reviewed
and certified by the Statewide Virtual Charter School Board and
listed as provided for in paragraph 3 of this subsection.
B. Each statewide virtual charter school which has been
approved and sponsored by the Board or any virtual charter school
for which the Board has assumed sponsorship of as provided for in
Section 3-145.5 of this title shall be considered a statewide
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virtual charter school and, except as provided in subsection H of
this section, the geographic boundaries of each statewide virtual
charter school shall be the borders of the state.
C. Each statewide virtual charter school approved by the
Statewide Virtual Charter School Board shall be eligible to receive
federal funds generated by students enrolled in the charter school
for the applicable year. Each statewide virtual charter school
shall be considered a separate lo cal education agency for purposes
of reporting and accountability.
D. As calculated as provided for in Section 3 -142 of this
title, a statewide virtual charter school shall receive the State
Aid allocation and any other state -appropriated revenue generate d by
students enrolled in the virtual charter school for the applicable
year, less up to five percent (5%) of the State Aid allocation,
which may be retained by the Statewide Virtual Charter School Board
for administrative expenses and to support the missi on of the Board.
A statewide virtual charter school shall be eligible for any other
funding any other charter school is eligible for as provided for in
Section 3-142 of this title. Each statewide virtual charter school
shall be considered a separate loca l education agency for purposes
of reporting and accountability.
E. A virtual charter school shall be subject to the same
reporting requirements, financial audits, audit procedures and audit
requirements as a school district. The State Department of
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Education or State Auditor and Inspector may conduct financial,
program or compliance audits. A virtual charter school shall use
the Oklahoma Cost Accounting System (OCAS) to report financial
transactions to the State Department of Education.
F. A virtual charter school governing body shall be responsible
for the policies that govern the operational decisions of the
virtual charter school. The governing body of a virtual charter
school shall be subject to the same conflict of interest
requirements as a membe r of a local school board including, but not
limited to, Sections 5 -113 and 5-124 of this title. Members
appointed to the governing body of a virtual charter school after
July 1, 2019, shall be subject to the same instruction and
continuing education requ irements as a member of a local school
board and pursuant to Section 5 -110 of this title, complete twelve
(12) hours of instruction within fifteen (15) months of appointment
to the governing body, and pursuant to Section 5 -110.1 of this
title, attend continuing education.
G. Students enrolled full -time in a statewide virtual charter
school sponsored by the Statewide Virtual Charter School Board shall
not be authorized to participate in any activities administered by
the Oklahoma Secondary Schools Activitie s Association. However, the
students may participate in intramural activities sponsored by a
statewide virtual charter school, an online provider for the charter
school or any other outside organization.
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H. 1. Beginning with the 2021 -2022 school year, public school
students who wish to enroll in a virtual charter school shall be
considered a transfer student from their resident school district.
A virtual charter school shall pre -enroll any public school student
whose parent expresses intent to enroll in the district. Upon pre -
enrollment, the State Department of Education shall initiate a
transfer on a form to be completed by the receiving virtual charter
school. Upon approval of the receiving virtual charter school, the
student may begin instructional activities. Upon notice that a
public school student has transferred to a virtual charter school,
the resident school district shall transmit the student 's records
within three (3) school days.
2. The State Department of Education shall notify the
Legislature and Governor if it determines that the information
technology infrastructure necessary to process the transfer of
students to a virtual charter school is inadequate and one (1)
additional school year is needed for implementation.
3. A public school student may transfer to one statewide
virtual charter school at any time during a school year. For
purposes of this subsection, "school year" shall mean July 1 through
the following June 30. After one statewide virtual charter school
transfer during a sc hool year, no public school student shall be
permitted to transfer to any other statewide virtual charter school
without the concurrence of both the resident school district and the
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receiving virtual charter school. A student shall have a grace
period of fifteen (15) school days from the first day of enrollment
in a statewide virtual charter school to withdraw without academic
penalty and shall continue to have the option of one virtual charter
school transfer without the concurrence of both districts duri ng
that same school year. A statewide virtual charter school student
that has utilized the allowable one transfer pursuant to this
subsection shall not be permitted to transfer to another district or
other statewide virtual charter school without first no tifying his
or her resident district and initiating a new transfer. Upon
cancellation of a transfer the virtual charter school shall transmit
the student's records to the student 's new school district within
three (3) school days. Students enrolled in a statewide virtual
charter school shall not be required to submit a virtual charter
transfer for consecutive years of enrollment. Any student enrolled
in a statewide virtual charter school the year prior to the
implementation of this section shall not be r equired to submit a
transfer in order to remain enrolled.
4. For purposes of this subsection, "parent" shall mean the
parent of the student or person having custody of the student as
provided for in paragraph 1 of subsection A of Section 1 -113 of this
title.
5. Failure to transmit student records within three (3) school
days as required in paragraphs 1 and 3 of this subsection shall
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result in a penalty to be determined by the State Department of
Education.
I. A virtual charter school shall not accept or deny a transfer
based on ethnicity, national origin, gender, income level, disabling
condition, proficiency in the English language, measure of
achievement, aptitude or athletic ability.
J. The decision of the Statewide Virtual Charter School Board
to deny, nonrenew or terminate the charter contract of a statewide
virtual charter school may be appealed to the State Board of
Education within thirty (30) days of the decision by the Statewide
Virtual Charter School Board. The State Board of Education shall
act on the appeal within sixty (60) days of receipt of the request
from the statewide virtual charter school applicant. The State
Board of Education may reverse the decision of the Statewide Virtual
Charter School Board or may remand the matter back to the Statewide
Virtual Charter School Board for further proceeding as directed.
SECTION 2. This act shall become effective November 1, 2021.
58-1-6527 EK 01/16/21