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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021 )
HOUSE BILL 1855 By: Fugate
AS INTRODUCED
An Act relating to virtual charter schools; amending
70 O.S. 2011, Section 3 -104, as last amended by
Section 1, Chapter 271, O.S.L. 2013 (70 O.S. Supp.
2020, Section 3-104), which relates to State Board of
Education powers and duties; striking reference to
Statewide Virtual Charter School Board; amending 70
O.S. 2011, Section 3 -142, as last amended by S ection
1, Chapter 122, O.S.L. 2020 (70 O.S. Supp. 2020,
Section 3-142), which relates to charter school
funding; transferring sponsorship authority to the
State Board of Education; amending Section 3, as
amended by Section 4, Chapter 212, O.S.L. 2013 ,
Section 5, as last amended by Section 2, Chapter 27,
O.S.L. 2020, and Sections 6 and 7, Chapter 367,
O.S.L. 2012, as amended by Sections 6 and 7 , Chapter
212, O.S.L. 2013, Section 1, Chapter 225, O.S.L. 2015
and Section 1, Chapter 247, O.S.L. 2017 , as amended
by Section 3, Chapter 27, O.S.L. 202 0 (70 O.S. Supp.
2020, Sections 3-145.1, 3-145.3, 3-145.4, 3-145.5, 3-
145.7 and 3-145.8), which relate to statewide virtual
charter schools; eliminating the Statewide Virtual
Charter School Board; granting State Board of
Education sole sponsorship authorit y; transferring
powers and duties to the State Board of Education;
removing appeals process; directing State Board of
Education to promulgate rules; providing for
succession of certain contractual rights; changing
revolving fund beneficiary; altering name of
revolving fund; authorizing expenditure of funds by
State Board of Education; modifying purpose and
mission of fund; updating reference to State Board of
Education; authorizing promulgation of rules ;
amending Section 1, Chapter 86, O.S.L. 2020 (70 O.S.
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Supp. 2020, Section 1210.704), which relates to
advanced placement courses; modifying entity that may
provide access to advance placement courses ;
directing Board to maintain an online learning
platform; repealing Section 4, Chapter 367, O.S.L.
2012 (70 O.S. Supp. 2020, Section 3-145.2), which
relates to Statewide Virtual Charter School Board
meetings; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 201 1, Section 3-104, as
last amended by Section 1, Chapter 271, O.S.L. 2013 (70 O.S. Supp.
2020, Section 3-104), is amended to read as follows:
Section 3-104. The supervision of the public school system of
Oklahoma shall be vested in the State Board of Educa tion and,
subject to limitations otherwise provided by law, the State Board of
Education shall:
1. Adopt policies and make rules for the operation of the
public school system of the state;
2. Appoint, prescribe the duties and fix the compensation of a
secretary, an attorney and all other personnel necessary for the
proper performance of the functions of the State Board of Education.
The secretary shall not be a member of the Board;
3. Submit to the Governor a departmental budget based upon
major functions of the Department as prepared by the State
Superintendent of Public Instruction and supported by detailed data
on needs and proposed operations as partially determined by the
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budgetary needs of local school districts filed with the State Board
of Education for the ensuing fiscal year. Appropriations therefor
shall be made in lump -sum form for each major item in the budget as
follows:
a. State Aid to schools,
b. the supervision of all other functions of general and
special education including general con trol, free
textbooks, school lunch, Indian education and all
other functions of the Board and an amount sufficient
to adequately staff and administer these services, and
c. the Board shall determine the details by which the
budget and the appropriations ar e administered.
Annually, the Board shall make preparations to
consolidate all of the functions of the Department in
such a way that the budget can be based on two items,
administration and aid to schools. A maximum amount
for administration shall be des ignated as a part of
the total appropriation;
4. On the first day of December preceding each regular session
of the Legislature, prepare and deliver to the Governor and the
Legislature a report for the year ending June 30 immediately
preceding the regular session of the Legislature. The report shall
contain:
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a. detailed statistics and other information concerning
enrollment, attendance, expenditures including State
Aid, and other pertinent data for all public schools
in this state,
b. reports from each an d every division within the State
Department of Education as submitted by the State
Superintendent of Public Instruction and any other
division, department, institution or other agency
under the supervision of the Board,
c. recommendations for the improvem ent of the public
school system of the state,
d. a statement of the receipts and expenditures of the
State Board of Education for the past year, and
e. a statement of plans and recommendations for the
management and improvement of public schools and such
other information relating to the educational
interests of the state as may be deemed necessary and
desirable;
5. Provide for the formulation and adoption of curricula,
courses of study and other instructional aids necessary for the
adequate instruction of pupils in the public schools;
6. Have authority in matters pertaining to the licensure and
certification of persons for instructional, supervisory and
administrative positions and services in the public schools of the
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state subject to the provisions of S ection 6-184 of this title, and
shall formulate rules governing the issuance and revocation of
certificates for superintendents of schools, principals,
supervisors, librarians, clerical employees, school nurses, school
bus drivers, visiting teachers, class room teachers and for other
personnel performing instructional, administrative and supervisory
services, but not including members of boards of education and other
employees who do not work directly with pupils, and may charge and
collect reasonable fees f or the issuance of such certificates:
a. the State Department of Education shall not issue a
certificate to and shall revoke the certificate of any
person who has been convicted, whether upon a verdict
or plea of guilty or upon a plea of nolo contendere,
or received a suspended sentence or any probationary
term for a crime or an attempt to commit a crime
provided for in Section 843.5 of Title 21 of the
Oklahoma Statutes if the offense involved sexual abuse
or sexual exploitation as those terms are defined i n
Section 1-1-105 of Title 10A of the Oklahoma Statutes,
Sections 741, 843.1, if the offense included sexual
abuse or sexual exploitation, 865 et seq., 885, 888,
891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
1111.1, 1114 or 1123 of Title 21 of the Oklah oma
Statutes or who enters this state and who has been
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convicted, received a suspended sentence or received a
deferred judgment for a crime or attempted crime
which, if committed or attempted in this state, would
be a crime or an attempt to commit a crime provided
for in any of said laws,
b. all funds collected by the State Department of
Education for the issuance of certificates to
instructional, supervisory and administrative
personnel in the public schools of the state shall be
deposited in the "Teachers' Certificate Fund" in the
State Treasury and may be expended by the State Board
of Education to finance the activities of the State
Department of Education necessary to administer the
program, for consultative services, publication costs,
actual and necessary travel expenses as provided in
the State Travel Reimbursement Act incurred by persons
performing research work, and other expenses found
necessary by the State Board of Education for the
improvement of the preparation and certification of
teachers in Oklahoma. Provided, any unobligated
balance in the Teachers ' Certificate Fund in excess of
Ten Thousand Dollars ($10,000.00) on June 30 of any
fiscal year shall be transferred to the General
Revenue Fund of the State of Oklahoma. Until July 1,
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1997, the State Board of Education shall have
authority for approval of teacher education programs.
The State Board of Education shall also have authority
for the administration of teacher residency and
professional development, subject to the provisions of
the Oklahoma Teacher Preparation Act;
7. Promulgate rules governing the classification, inspection,
supervision and accrediting of all public nursery, kindergarten,
elementary and secondary schools and on -site educational services
provided by public school distr icts or state-accredited private
schools in partial hospitalization programs, day treatment programs,
and day hospital programs as defined in this act for persons between
the ages of three (3) and twenty -one (21) years of age in the state.
However, no school shall be denied accreditation solely on the basis
of average daily attendance.
Any school district which maintains an elementary school and
faces the necessity of relocating its school facilities because of
construction of a lake, either by state or fe deral authority, which
will inundate the school facilities, shall be entitled to receive
probationary accreditation from the State Board of Education for a
period of five (5) years after the effective date of this act and
any school district, otherwise qua lified, shall be entitled to
receive probationary accreditation from the State Board of Education
for a period of two (2) consecutive years to attain the minimum
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average daily attendance. The Head Start and public nurseries or
kindergartens operated from Community Action Program funds shall not
be subjected to the accrediting rules of the State Board of
Education. Neither will the State Board of Education make rules
affecting the operation of the public nurseries and kindergartens
operated from federal fu nds secured through Community Action
Programs even though they may be operating in the public schools of
the state. However, any of the Head Start or public nurseries or
kindergartens operated under federal regulations may make
application for accrediting from the State Board of Education but
will be accredited only if application for the approval of the
programs is made. The status of no school district shall be changed
which will reduce it to a lower classification until due notice has
been given to the proper authorities thereof and an opportunity
given to correct the conditions which otherwise would be the cause
of such reduction.
Private and parochial schools may be accredited and classified
in like manner as public schools or, if an accrediting assoc iation
is approved by the State Board of Education, by procedures
established by the State Board of Education to accept accreditation
by such accrediting association, if application is made to the State
Board of Education for such accrediting;
8. Be the legal agent of the State of Oklahoma to accept, in
its discretion, the provisions of any Act of Congress appropriating
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or apportioning funds which are now, or may hereafter be, provided
for use in connection with any phase of the system of public
education in Oklahoma. It shall prescribe such rules as it finds
necessary to provide for the proper distribution of such funds in
accordance with the state and federal laws;
9. Be and is specifically hereby designated as the agency of
this state to cooperate and deal with any officer, board or
authority of the United States Government under any law of the
United States which may require or recommend cooperation with any
state board having charge of the administration of public schools
unless otherwise provided by law;
10. Be and is hereby designated as the "State Educational
Agency" referred to in Public Law 396 of the 79th Congress of the
United States, which law states that said act may be cited as the
"National School Lunch Act ", and said State Board of Educati on is
hereby authorized and directed to accept the terms and provisions of
said act and to enter into such agreements, not in conflict with the
Constitution of Oklahoma or the Constitution and Statutes of the
United States, as may be necessary or appropria te to secure for the
State of Oklahoma the benefits of the school lunch program
established and referred to in said act;
11. Have authority to secure and administer the benefits of the
National School Lunch Act, Public Law 396 of the 79th Congress of
the United States, in the State of Oklahoma and is hereby authorized
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to employ or appoint and fix the compensation of such additional
officers or employees and to incur such expenses as may be necessary
for the accomplishment of the above purpose, administer t he
distribution of any state funds appropriated by the Legislature
required as federal matching to reimburse on children 's meals;
12. Accept and provide for the administration of any land,
money, buildings, gifts, donation or other things of value which m ay
be offered or bequeathed to the schools under the supervision or
control of said Board;
13. Have authority to require persons having administrative
control of all school districts in Oklahoma to make such regular and
special reports regarding the activ ities of the schools in said
districts as the Board may deem needful for the proper exercise of
its duties and functions. Such authority shall include the right of
the State Board of Education to withhold all state funds under its
control, to withhold off icial recognition, including accrediting,
until such required reports have been filed and accepted in the
office of said Board and to revoke the certificates of persons
failing or refusing to make such reports;
14. Have general supervision of the school l unch program. The
State Board of Education may sponsor workshops for personnel and
participants in the school lunch program and may develop, print and
distribute free of charge or sell any materials, books and bulletins
to be used in such school lunch pro grams. There is hereby created
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in the State Treasury a revolving fund for the Board, to be
designated the School Lunch Workshop Revolving Fund. The fund shall
consist of all fees derived from or on behalf of any participant in
any such workshop sponsored by the State Board of Education, or from
the sale of any materials, books and bulletins, and such funds shall
be disbursed for expenses of such workshops and for developing,
printing and distributing of such materials, books and bulletins
relating to the school lunch program. The fund shall be
administered in accordance with Section 155 of Title 62 of the
Oklahoma Statutes;
15. Prescribe all forms for school district and county officers
to report to the State Board of Education where required. The State
Board of Education shall also prescribe a list of appropriation
accounts by which the funds of school districts shall be budgeted,
accounted for and expended; and it shall be the duty of the State
Auditor and Inspector in prescribing all budgeting, accoun ting and
reporting forms for school funds to conform to such lists;
16. Provide for the establishment of a uniform system of pupil
and personnel accounting, records and reports;
17. Have authority to provide for the health and safety of
school children and school personnel while under the jurisdiction of
school authorities;
18. Provide for the supervision of the transportation of
pupils;
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19. Have authority, upon request of the local school board, to
act in behalf of the public schools of the state in th e purchase of
transportation equipment;
20. Have authority and is hereby required to perform all duties
necessary to the administration of the public school system in
Oklahoma as specified in the Oklahoma School Code; and, in addition
thereto, those dutie s not specifically mentioned herein if not
delegated by law to any other agency or official;
21. Administer the State Public Common School Building
Equalization Fund established by Section 32 of Article X of the
Oklahoma Constitution. Any monies as may b e appropriated or
designated by the Legislature, other than ad valorem taxes, any
other funds identified by the State Department of Education, which
may include, but not be limited to, grants -in-aid from the federal
government for building purposes, the pr oceeds of all property that
shall fall to the state by escheat, penalties for unlawful holding
of real estate by corporations, and capital gains on assets of the
permanent school funds, shall be deposited in the State Public
Common School Building Equaliza tion Fund. The fund shall be used to
aid school districts and charter schools in acquiring buildings,
subject to the limitations fixed by Section 32 of Article X of the
Oklahoma Constitution. It is hereby declared that the term
"acquiring buildings" as used in Section 32 of Article X of the
Oklahoma Constitution shall mean acquiring or improving school
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sites, constructing, repairing, remodeling or equipping buildings,
or acquiring school furniture, fixtures, or equipment. For charter
schools, the fund sh all only be used to acquire buildings in which
students enrolled in the charter school will be attending. It is
hereby declared that the term "school districts" as used in Section
32 of Article X of the Oklahoma Constitution shall mean school
districts and charter schools created pursuant to the provisions of
the Oklahoma Charter Schools Act. If sufficient monies are
available in the fund, the Board shall solicit proposals for grants
from school districts and charter schools and shall determine the
process for consideration of proposals. Grants shall be awarded
only to school districts which have a total assessed property
valuation per average daily membership that is less than the state
average total assessed property valuation per average daily
membership and, at the time of application, the district has voted
the five-mill building fund levy authorized in Section 10 of Article
X of the Oklahoma Constitution, and has voted indebtedness through
the issuance of new bonds for at least fifty percent (50%) wi thin
the last three (3) years of the maximum allowable pursuant to the
provisions of Section 26 of Article X of the Oklahoma Constitution
as shown on the school district budget filed with the State Board of
Equalization for the current school year and cert ifications by the
Attorney General prior to April 1 of the school year. Grants shall
be awarded only to charter schools which have secured matching funds
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for the specific purpose of acquiring buildings in an amount of not
less than ten percent (10%) of th e total grant amount. The amount
of each grant awarded by the Board each year shall not exceed Four
Million Dollars ($4,000,000.00). From the total amount available to
provide grants to public schools and charter schools, charter
schools shall be allocat ed the greater of ten percent (10%) of the
total amount or the percent of students enrolled in charter schools
that are not sponsored by the Statewide Virtual Charter School Board
virtual charter schools as compared to the student enrollment in
school districts which have a total assessed property valuation per
average daily membership that is equal to or less than twenty -five
percent (25%) of the state total assessed property valuation per
average daily membership. The Board shall give priority
consideration to school districts which have a total assessed
property valuation per average daily membership that is equal to or
less than twenty-five percent (25%) of the state average total
assessed property valuation per average daily membership. The Board
is authorized to prorate grants awarded if monies are not sufficient
in the fund to award grants to qualified districts and charter
schools. The State Board of Education shall make available to
eligible charter schools any unused grant funds that remain after
the initial allocation to all eligible public school districts and
charter schools of this state. The State Board of Education shall
prescribe rules for making grants of aid from, and for otherwise
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administering, the fund pursuant to the provisions of th is
paragraph, and may employ and fix the duties and compensation of
technicians, aides, clerks, stenographers, attorneys and other
personnel deemed necessary to carry out the provisions of this
paragraph. The cost of administering the fund shall be paid f rom
monies appropriated to the State Board of Education for the
operation of the State Department of Education;
22. Recognize that the Director of the Oklahoma Department of
Corrections shall be the administrative authority for the schools
which are maintained in the state reformatories and shall appoint
the principals and teachers in such schools. Provided, that rules
of the State Board of Education for the classification, inspection
and accreditation of public schools shall be applicable to such
schools; and such schools shall comply with standards set by the
State Board of Education; and
23. Have authority to administer a revolving fund which is
hereby created in the State Treasury, to be designated the
Statistical Services Revolving Fund. The fund sh all consist of all
monies received from the various school districts of the state, the
United States Government, and other sources for the purpose of
furnishing or financing statistical services and for any other
purpose as designated by the Legislature. The State Board of
Education is hereby authorized to enter into agreements with school
districts, municipalities, the United States Government, foundations
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and other agencies or individuals for services, programs or research
projects. The Statistical Serv ices Revolving Fund shall be
administered in accordance with Section 155 of Title 62 of the
Oklahoma Statutes.
SECTION 2. AMENDATORY 70 O.S. 2011, Section 3 -142, as
last amended by Section 1, Chapter 122, O.S.L. 2020 (70 O.S. Supp .
2020, Section 3-142), is amended to read as follows:
Section 3-142. A. For purposes of funding, a charter school
sponsored by a board of education of a school district shall be
considered a site within the school district in which the charter
school is located. The student membership of the charter school
shall be considered separate from the student membership of the
district in which the charter school is located for the purpose of
calculating weighted average daily membership pursuant to Section
18-201.1 of this title and State Aid pursuant to Section 18 -200.1 of
this title. For charter schools sponsored by a board of education
of a school district, the sum of the separate calculations for the
charter school and the school district shall be used to determine
the total State Aid allocation for the district in which the charter
school is located. A charter school shall receive from the
sponsoring school district, the State Aid allocation and any other
state-appropriated revenue generated by its studen ts for the
applicable year, less up to three percent (3%) of the State Aid
allocation, which may be retained by the school district as a fee
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for administrative services rendered. For charter schools sponsored
by the board of education of a technology cent er school district, a
higher education institution, the State Board of Education, or a
federally recognized Indian tribe and for statewide virtual charter
schools sponsored by the Statewide Virtual Charter School State
Board of Education, the State Aid allocation for the charter school
shall be distributed by the State Board of Education and not more
than three percent (3%) of the State Aid allocation may be charged
by the sponsor as a fee for administrative services rendered. The
State Board of Education shall determine the policy and procedure
for making payments to a charter school. The fee for administrative
services as authorized in this subsection shall only be assessed on
the State Aid allocation amount and shall not be assessed on any
other appropriated amounts. A sponsor of a charter school shall not
retain any additional State Aid allocation or charge the charter
school any additional fee above the amounts allowed by this
subsection unless the additional fees are for additional services
rendered. The charter school sponsor shall provide to the State
Department of Education financial records documenting any state
funds retained by the sponsor for administrative services rendered
for the previous year.
B. 1. The weighted average daily membership for the first year
of operation of a charter school shall be determined initially by
multiplying the actual enrollment of students as of August 1 by
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1.333. The charter school shall receive revenue equal to that which
would be generated by the estimated we ighted average daily
membership calculated pursuant to this paragraph. At midyear, the
allocation for the charter school shall be adjusted using the first
quarter weighted average daily membership for the charter school
calculated pursuant to subsection A of this section.
2. For the purpose of calculating weighted average daily
membership pursuant to Section 18 -201.1 of this title and State Aid
pursuant to Section 18 -200.1 of this title, the weighted average
daily membership for the first year of operatio n and each year
thereafter of a full -time virtual charter school shall be determined
by multiplying the actual enrollment of students as of August 1 by
1.333. The full-time virtual charter school shall receive revenue
equal to that which would be generate d by the estimated weighted
average daily membership calculated pursuant to this paragraph. At
midyear, the allocation for the full -time virtual charter school
shall be adjusted using the first quarter weighted average daily
membership for the virtual cha rter school calculated pursuant to
subsection A of this section.
C. A charter school shall be eligible to receive any other aid,
grants or revenues allowed to other schools. A charter school
sponsored by the board of education of a technology center scho ol
district, a higher education institution, the State Board of
Education, or a federally recognized Indian tribe shall be
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considered a local education agency for purposes of funding. A
charter school sponsored by a board of education of a school
district shall be considered a local education agency for purposes
of federal funding.
D. A charter school, in addition to the money received from the
state, may receive money from any other source. Any unexpended
funds may be reserved and used for future purpos es. The governing
body of a charter school shall not levy taxes or issue bonds. If
otherwise allowed by law, the governing body of a charter school may
enter into private contracts for the purposes of borrowing money
from lenders. If the governing body of the charter school borrows
money, the charter school shall be solely responsible for repaying
the debt, and the state or the sponsor shall not in any way be
responsible or obligated to repay the debt.
E. Any charter school which chooses to lease proper ty shall be
eligible to receive current government lease rates.
F. Except as otherwise provided in this subsection, each
charter school shall pay to the Charter School Closure Reimbursement
Revolving Fund created in subsection G of this section an amount
equal to Five Dollars ($5.00) per student based on average daily
membership, as defined by paragraph 2 of Section 18 -107 of this
title, during the first nine (9) weeks of the school year. Each
charter school shall complete the payment every school year wi thin
thirty (30) days after the first nine (9) weeks of the school year.
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If the Charter School Closure Reimbursement Revolving Fund has a
balance of One Million Dollars ($1,000,000.00) or more on July 1, no
payment shall be required the following school y ear.
G. There is hereby created in the State Treasury a revolving
fund for the State Department of Education to be designated the
"Charter School Closure Reimbursement Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limit ations,
and shall consist of all monies received by the State Department of
Education from charter schools as provided in subsection F of this
section. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the State
Department of Education for the purpose of reimbursing charter
school sponsors for costs incurred due to the closure of a charter
school. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims fi led as prescribed by
law with the Director of the Office of Management and Enterprise
Services for approval and payment. The State Department of
Education may promulgate rules regarding sponsor eligibility for
reimbursement.
SECTION 3. AMENDATORY Section 3, Chapter 367, O.S.L.
2012, as amended by Section 4, Chapter 212, O.S.L. 2013 (70 O.S.
Supp. 2020, Section 3-145.1), is amended to read as follows:
Section 3-145.1 A. There is hereby created the Statewide
Virtual Charter School Board. The State Board of Education shall
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have the sole authority to authorize and sponsor statewide virtual
charter schools in this state. The Board shall be composed of five
(5) voting members as follows:
1. One member appointed by the Governor, who shall be a
resident and elector of the Fifth Congressional District;
2. Two members appointed by the President Pro Tempore of the
Senate, one of whom shall be a resident and elector of the First
Congressional District and one of whom shall be a resident a nd
elector of the Third Congressional District;
3. Two members appointed by the Speaker of the House of
Representatives, one of whom shall be a resident and elector of the
Second Congressional District and one of whom shall be a resident
and elector of the Fourth Congressional District; and
4. The State Superintendent of Public Instruction and the
Secretary of Education or their designees shall serve as ex officio
nonvoting members, and shall not be counted toward a quorum.
B. Initial appointments shall be made by August 1, 2012. The
President Pro Tempore of the Senate and the Speaker of the House of
Representatives shall each appoint one member for one (1) year and
one member for three (3) years. The Governor shall appoint one
member for two (2) years. Members shall serve until their
successors are duly appointed for a term of three (3) years.
Appointments shall be made by and take effect on November 1 of the
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year in which the appointment is made. Annually by December 30 the
Board shall elect from it s membership a chair and vice -chair.
C. A member may be removed from the Board by the appointing
authority for cause which shall include, but not be limited to:
1. Being found guilty by a court of competent jurisdiction of a
felony or any offense involvi ng moral turpitude;
2. Being found guilty of malfeasance, misfeasance or
nonfeasance in relation to Board duties;
3. Being found mentally incompetent by a court of competent
jurisdiction; or
4. Failing to attend three successive meetings of the Board
without just cause, as determined by the Board.
D. Vacancies shall be filled by the appointing authority.
E. No member of the Senate or House of Representatives may be
appointed to the Board while serving as a member of the Legislature,
or for two (2) full years following the expiration of the term of
office.
F. The State Department of Education shall provide staff
support to the Board until December 31, 2014, and thereafter the
Department shall provide office space for the operation of the
Board.
SECTION 4. 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:
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Section 3-145.3 A. Subject to the requirements of the Oklahoma
Charter Schools Act, the Statewide Virtual Charter School State
Board of Education 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 charter school applications and a
process for renewal or revocation of approved charter school
contracts which minimally meet the procedures set forth in the
Oklahoma Charter Schools Act;
3. Make publicly available a list of suppleme ntal online
courses which have been reviewed and certified by the Statewide
Virtual Charter School State Board of Education 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 State Board of Education shall give special emphasis on
listing supplemental online courses in science, technology,
engineering and math (STEM), foreign language an d 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 State Board of Education and
listed as provided for in this paragrap h; and
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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 rev iewed
and certified by the Statewide Virtual Charter School State Board of
Education 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 c harter 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
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 State Board of Education shall be
eligible to receive federal funds generated by students enrolle d in
the charter school for the applicable year. Each statewide virtual
charter school shall be considered a separate local 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 generated by
students enrolled in the virtual charter school for the applicable
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year, less up to five percent (5%) of the State Aid allocation,
which may be retained by the Statewide Virtual Charter School State
Board of Education for administrative expenses and to support the
mission of the Board. A statewide virtual charter school shall be
eligible for any other funding any other charter schoo l is eligible
for as provided for in Section 3 -142 of this title. Each statewide
virtual charter school shall be considered a separate local
education agency for purposes of reporting and accountability.
E. A virtual charter school shall be subject to th e same
reporting requirements, financial audits, audit procedures and audit
requirements as a school district. The State Department of
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 member 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 requirements as a member of a local school
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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 State Board
of Education shall not be authorized to participate in any
activities administered by the Oklahoma Secondary Schools Activities
Association. However, the students may participate in intramural
activities sponsored by a sta tewide virtual charter school, an
online provider for the charter school or any other outside
organization.
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.
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2. The State Department of Education shall notify the
Legislature and Governor if it determines that the information
technology infrastructure necessary to p rocess 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. F or
purposes of this subsection, "school year" shall mean July 1 through
the following June 30. After one statewide virtual charter school
transfer during a school 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
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 t o withdraw without academic
penalty and shall continue to have the option of one virtual charter
school transfer without the concurrence of both districts during
that same school year. A statewide virtual charter school student
that has utilized the allow able one transfer pursuant to this
subsection shall not be permitted to transfer to another district or
other statewide virtual charter school without first notifying his
or her resident district and initiating a new transfer. Upon
cancellation of a trans fer the virtual charter school shall transmit
the student's records to the student's new school district within
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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 required to submit a
transfer in order to remain enrolled.
4. For purposes of this subsection, "p arent" 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.
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 contrac t 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 r eceipt 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.
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SECTION 5. AMENDATORY Section 6, Chapter 367, O.S.L.
2012, as amended by Section 6, Chapter 212, O.S.L. 2013 (7 0 O.S.
Supp. 2020, Section 3-145.4), is amended to read as follows:
Section 3-145.4 Pursuant to and in compliance with Article I of
the Administrative Procedures Act, the Statewide Virtual Charter
School State Board of Education shall promulgate rules as may be
necessary to implement the provisions of this act.
SECTION 6. AMENDATORY Section 7, Chapter 367, O.S.L.
2012, as amended by Section 7, Chapter 212, O.S.L. 2013 (70 O.S.
Supp. 2020, Section 3-145.5), is amended to read as follows:
Section 3-145.5 A. Notwithstanding any other provision of law,
beginning July 1, 2014, no school district shall offer full -time
virtual education to students who are not residents of the school
district or enter into a virtual charter school contract with a
provider to provide full -time virtual education to students who do
not reside within the school district boundaries.
B. Effective July November 1, 2014 2021, the Statewide Virtual
Charter School State Board of Education shall succeed to any
contractual rights and responsibilities incurred by a school
district in a virtual charter school contract executed prior to
January November 1, 2014 2021, with a provider to provide full -time
virtual education to students who do not reside within the school
district boundaries. All property, equipment, supplies, records,
assets, current and f uture liability, encumbrances, obligations and
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indebtedness associated with the contract shall be transferred to
the Statewide Virtual Charter School State Board of Education.
Appropriate conveyances and other documents shall be executed to
effectuate the transfer of any property associated with the
contract. Upon succession of the contract, the Board shall assume
sponsorship of the virtual charter school for the remainder of the
term of the contract. Prior to the end of the current term of the
contract, the Board shall allow the provider of the virtual charter
school to apply for renewal of the contract with the Board in
accordance with the renewal procedures established pursuant to
Section 3-145.3 of this title.
SECTION 7. AMENDATORY Section 1, Chapter 225, O.S.L.
2015 (70 O.S. Supp. 2020 , Section 3-145.7), is amended to read as
follows:
Section 3-145.7 There is hereby created in the State Treasury a
revolving fund for the Statewide Virtual Charter School State Board
of Education to be designated the "Statewide Virtual Charter School
Board Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
received by the Statewide Virtual Charter School State Board of
Education from State Aid pursuant to Section 3 -145.3 of Title 70 of
the Oklahoma Statutes this title or any other state appropriation.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Statewide
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Virtual Charter School State Board of Education for the purpose of
supporting the mission of the Statewide Virtual Charter School Board
statewide virtual charter schools . Expenditures from the fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
SECTION 8. AMENDATORY Section 1, Chapter 247, O.S.L.
2017, as amended by Section 3, Chapter 27 , O.S.L. 2020 (70 O.S.
Supp. 2020, Section 3 -145.8), is amended to read as follows:
Section 3-145.8 A. It shall be the duty of each virtual
charter school approved and sponsored by the Statewide Virtual
School State Board of Education pursuant to the provisions of
Section 3-145.3 of Title 70 of the Oklahoma Statutes this title to
keep a full and complete record of the attendance of all students
enrolled in the virtual charter school in one of the student
information systems approved by the State Departmen t of Education
and locally selected by the virtual school from the approved list.
B. By July 1, 2020, the governing body of each virtual charter
school shall adopt an attendance policy. The policy may allow
attendance to be a proportional amount of the r equired attendance
policy provisions based upon the date of enrollment of the student.
The attendance policy shall include the following provisions:
1. The first date of attendance and membership shall be the
first date the student completes an instructi onal activity.
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2. A student who attends a virtual charter school shall be
considered in attendance for a quarter if the student:
a. completes instructional activities on no less than
ninety percent (90%) of the days within the quarter,
b. is on pace for on-time completion of the course as
defined by the governing board of the virtual charter
school, or
c. completes no less than seventy -two instructional
activities within the quarter of the academic year.
3. For a student who does not meet any of the crite ria set
forth in paragraph 1 or 2 of this subsection, the amount of
attendance recorded shall be the greater of:
a. the number of school days during which the student
completed the instructional activities during the
quarter,
b. the number of school days p roportional to the
percentage of the course that has been completed, or
c. the number of school days proportional to the
percentage of the required minimum number of completed
instructional activities during the quarter.
C. For the purposes of this sectio n, "instructional activities"
shall include instructional meetings with a teacher, completed
assignments that are used to record a grade for a student that is
factored into the student's grade for the semester during which the
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assignment is completed, test ing and school-sanctioned field trips,
and orientation.
D. Each statewide virtual charter school approved and sponsored
by the Statewide Virtual Charter School State Board of Education
pursuant to the provisions of Section 3 -145.3 of this title shall
offer a student orientation, notify the parent or legal guardian and
each student who enrolls in that school of the requirement to
participate in the student orientation, and require all students
enrolled to complete the student orientation prior to completing any
other instructional activity. The Statewide Virtual Charter School
State Board of Education shall promulgate rules to develop materials
for orientation.
E. Any student that is behind pace and does not complete an
instructional activity for a fifteen -school-day period shall be
withdrawn for truancy. The virtual charter school shall submit a
notification to the parent or legal guardian of a student who has
been withdrawn for truancy or is approaching truancy.
F. A student who is reported for truancy two times in the same
school year shall be withdrawn and prohibited from enrolling in the
same virtual charter school for the remainder of the school year.
G. The governing body of each statewide virtual charter school
shall develop, adopt and post on the school's website a policy
regarding consequences for a student's failure to attend school and
complete instructional activities. The policy shall state, at a
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minimum, that if a student fails to consistently attend school and
complete instructional activi ties after receiving a notification
pursuant to subsection E of this section and reasonable intervention
strategies have been implemented, a student shall be subject to
certain consequences including withdrawal from the school for
truancy.
H. If a statewide virtual charter school withdraws a student
pursuant to subsections F and G of this section, the virtual charter
school shall immediately notify the student's resident district in
writing of the student's disenrollment.
I. The provisions of subsections F, G and H of this section
shall not be in effect until the implementation of subsection H of
Section 3-145.3 of this title.
J. The Statewide Virtual Charter School State Board of
Education may promulgate rules to implement the provisions of this
section.
SECTION 9. AMENDATORY Section 1, Chapter 86, O.S.L. 2020
(70 O.S. Supp. 2020, Section 1210.704), is amended to read as
follows:
Section 1210.704 A. Beginning with the 2024 –2025 school year,
all public high schools in this state s hall make a minimum of four
advanced placement courses available to students.
B. Local boards of education in each district shall be
responsible for ensuring annually that all high school students have
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access to advanced placement courses beginning in the 2024-2025
school year. Such access may be provided through enrollment in
courses offered through:
1. A school site or sites within the district;
2. A career and technology institution within the district;
3. A program offered by the Statewide Virtual Charter School
State Board of Education or one of its vendors; or
4. A school site or sites in another school district.
C. The Statewide Virtual Charter School State Board of
Education shall maintain an online learning platform to provide
high-quality online learning opportunities for Oklahoma students
that are aligned with the subject matter standards adopted by the
State Board of Education pursuant to Section 11 -103.6 of Title 70 of
the Oklahoma Statutes this title. The Board shall implement online
courses, with an emphasis on science, technology, engineering, and
math (STEM) courses, foreign language courses and advanced placement
courses. The online platform shall be available to all Oklahoma
school districts.
D. The State Department of Education sh all provide information
to all local boards of education, to be distributed to their
students and parents, on available opportunities and the enrollment
process for students to take advanced placement courses. The
information shall explain the value of ad vanced placement courses in
preparing students for postsecondary -level coursework, enabling
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students to gain access to postsecondary opportunities, and
qualifying for scholarships and other financial aid opportunities.
E. The State Department of Education shall retain records of
which options outlined in subsection B of this section local boards
of education selected for their students and make the information
available on the Department's website.
F. As used in this section, "advanced placement course" s hall
have the same meaning as provided in paragraph 1 of Section 1210.702
of Title 70 of the Oklahoma Statutes this title.
SECTION 10. REPEALER Section 4, Chapter 367, O.S.L. 2012
(70 O.S. Supp. 2020, Section 3-145.2), is hereby repe aled.
SECTION 11. This act shall become effective November 1, 2021 .
58-1-6897 EK 01/07/21