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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1656 By: Brewer
AS INTRODUCED
An Act relating to school counselors; amending 70
O.S. 2011, Section 3 -104.4, as last amended by
Section 64, Chapter 161, O.S.L. 2020 (70 O.S. Supp.
2020, Section 3-104.4), which relates to public
school accreditation standards ; requiring school
districts to employ at least one certified school
counselor at each school site ; and providing an
effective date.
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 3 -104.4, as
last amended by Section 64, Chapter 161, O.S.L. 2020 (70 O.S. Supp.
2020, Section 3-104.4), is amended to read as follows:
Section 3-104.4 A. The State Board of Education shall adopt
standards for the accreditation of the public schools in this state
according to the requirements of Section 3 -104.3 et seq. of this
title, to be effective as set forth in Section 3 -104.3 et seq. of
this title. The accreditation standards shall incorporate the
curricular standards established pursuant to Section 11 -103.6 of
this title. The accreditation standards shall equal or exceed
nationally recognized accreditation standards to the extent that the
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standards are consistent with an academic results oriented approach
to accreditation. The accreditation adopted by the State Board
shall encompass accreditation for elementary schools, middle
schools, junior high schools, and high schools. The accreditation
standards shall be made available for public inspection at the
offices of the State Department of Education.
B. Standards for accreditation adopted by the State Board of
Education shall include standards relating to the provision of
school counselors to the pub lic school children of this state. The
State Board of Education shall require each local school district to
employ at least one certified school counselor at each school site
within the district and provide information regarding the number of
counselors serving each school site, the duties of all such
counselors including all administrative duties, the number of
students served by each counselor, and information regarding the
number of counselors employed per elementary school, middle school,
junior high school and high school.
C. Except as otherwise provided, schools shall meet the
accreditation standards as a condition of continued accreditation.
Nothing herein shall be construed as preventing changes to the
adopted standards by the State Board of Educa tion pursuant to the
Administrative Procedures Act. The accreditation standards shall
provide for warnings, probation or nonaccredited status for schools
that fail to meet the standards. The Department shall investigate a
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complaint of failure to provide educational services or failure to
comply with accreditation standards within thirty (30) days of
receiving the complaint. If the Department determines that a school
has failed to comply with the accreditation standards, the
Department shall report the re commended warning, probation or
nonaccredited accreditation status to the State Board of Education
within ninety (90) days. If a school does not take action to comply
with the accreditation standards within ninety (90) days after a
report is filed by the Department, the Board shall withdraw
accreditation for the school. The State Board accreditation
regulations shall provide for warnings and for assistance to schools
and school districts whenever there is reason to believe a school is
in danger of losing its state accreditation.
D. If one or more school sites fail to receive accreditation as
required pursuant to this section or subsequently lose
accreditation, the State Board of Education shall close the school
and reassign the students to accredited scho ols within the district
or shall annex the district to one or more other districts in which
the students can be educated in accredited schools.
E. Standards for accreditation adopted by the State Board of
Education shall include standards relating to the provision of
educational services provided in partial hospitalization programs,
day treatment programs, day hospital programs, residential treatment
programs and emergency shelter programs for persons between the ages
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of three (3) and twenty -one (21) years of age. The accreditation
standards shall apply to onsite on-site and offsite off-site
educational services provided by public school districts or state -
accredited private schools. Each school which is providing or is
required to provide educational ser vices for students placed in a
program as described in this subsection shall be actively monitored
by the State Department of Education. The Department shall
determine on an ongoing basis if the educational program and
services are in compliance with the accreditation standards.
F. The State Board shall provide assistance to districts in
considering the possibility of meeting accreditation requirements
through the use of nontraditional means of instruction. The State
Board shall also assist districts in forming cooperatives and making
arrangements for the use of satellite instruction or other
instructional technologies to the extent that use of such
instructional means meets accreditation standards.
G. 1. Accreditation shall not be withdrawn from or den ied nor
shall a penalty be assessed against a school or school district for
failing to meet the media materials and equipment standards, media
program expenditure standards and media personnel standards as set
forth in the accreditation standards adopted b y the Board.
2. The provisions of paragraph 1 of this subsection shall cease
to be effective during the fiscal year which begins on the July 1
immediately succeeding the legislative session during which the
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measure appropriating monies to the State Board of Education for the
financial support of public schools is enacted as law and such
appropriation amount is at least Fifty Million Dollars
($50,000,000.00) greater than the amount of money appropriated to
the State Board of Education for the financial supp ort of public
schools for the fiscal year ending June 30, 2019, pursuant to
Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars
($50,000,000.00) shall not include any amount of appropriations
dedicated for support or certified employee salary in creases.
Accreditation shall not be withdrawn from or denied nor shall a
penalty be assessed against a school or school district for failing
to meet the media personnel standards as set forth in accreditation
standards adopted by the Board.
H. 1. The State Board shall not assess a financial penalty
against any school district which is given a deficiency in
accreditation status during any fiscal year as provided for in this
subsection.
2. Beginning with the fiscal year which begins July 1, 2021, if
the amount of money appropriated to the State Board of Education for
the financial support of public schools is at least One Hundred
Million Dollars ($100,000,000.00) greater than the amount of money
appropriated to the State Board of Education for the financia l
support of public schools for the fiscal year ending June 30, 2019,
pursuant to Chapter 146, O.S.L. 2018, a financial penalty shall be
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assessed against any school districts that do not comply with the
class size limitations for kindergarten as provided f or in Section
18-113.2 of this title and class size limitations for grade one as
provided for in subsection A of Section 18 -113.1 of this title.
Provided, the One Hundred Million Dollars ($100,000,000.00) shall
not include any amount of appropriations ded icated for support or
certified employee salary increases.
3. The State Department of Education shall submit a report on
statewide classroom sizes to the President Pro Tempore of the
Oklahoma State Senate and the Speaker of the Oklahoma House of
Representatives no later than January 1, 2022.
I. Except as provided for in subsection J of this section,
beginning with the 2019 -2020 school year, evaluations of schools to
determine whether they meet the accreditation standards set forth in
accordance with this section shall occur once every four (4) years
on a schedule adopted by the State Board of Education. The Board
may interrupt the evaluation schedule provided in this subsection
for reasons including a change in the superintendent of the school
district; determination that one or more school district board
members have not met the continuing education requirements as
defined by this title; determination that the school district
falsified information submitted to any public city, county, state or
federal official or agency; initiation of an investigation by the
Board or a law enforcement agency; or other determination by the
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Board that standards for accreditation are not being met by the
school district. The schedule adopted by the Board shall allow for
school districts receiving no deficiencies for two (2) consecutive
years to be reviewed for accreditation less than annually.
Provided, however, that schools shall be evaluated annually for the
purposes of:
1. Local, state and federal funding;
2. Health and safety;
3. Certification requirements for teachers, principals and
superintendents;
4. School board governance, including instructional and
continuing education requirements for school board members; and
5. Any other requirements under state or federal law.
J. Beginning with the 2019 -2020 school year, if a public school
receives a deficiency on its accreditation report, the public school
shall be evaluated annually to determine if it meets the
accreditation standards set forth in accordance with this s ection.
If the public school receives no deficiencies for two (2)
consecutive years, the public school shall be subject to the
evaluation timeline established in subsection I of this section.
SECTION 2. This act shall become effective Nov ember 1, 2021.
58-1-6849 EK 01/13/21