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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2753 By: Baker and McBride
AS INTRODUCED
An Act relating to schools; amending 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 the State Board of Education; modifying
sponsoring entity for charter schools; amending
Section 1, Chapter 223, O.S.L. 2012, Section 2,
Chapter 223, O.S.L. 2012 and Section 3, Chapter 223,
O.S.L. 2012 (70 O.S. Supp. 2020, Sections 3-116.2, 3-
116.3 and 3-116.4), which relate to the Educational
Accountability Reform Act; replacing membership of
Commission for Educational Quality and
Accountability; providing allocation and revenue to
virtual charter schools less certain amou nt for
administrative expenses retained by the Commission;
authorizing the renegotiation of contracts; replacing
references; abolishing the Statewide Virtual Charter
School Board; transferring all duties, powers,
liabilities and property of the Statewide V irtual
Charter School Board to the Commission for
Educational Quality and Accountability; transferring
employees; requiring conveyances and documents be
executed by certain date; transferring monies;
transferring contractual rights and responsibilities;
making certain administrative rules enforceable by
the Commission; eliminating certain Office of
Educational Quality and Accountability duties;
amending 70 O.S. 2011, Section 3 -117, as amended by
Section 5, Chapter 223, O.S.L. 2012 (70 O.S. Supp.
2020, Section 3-117), which relates to Office of
Educational Quality and Accountability; providing
Administrator of the Office of Educational Quality
and Accountability qualifications, appointment
procedure and compensation; providing powers and
duties of Administrat or; amending 70 O.S. 2011,
Section 3-118, as last amended by Section 591,
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Chapter 304, O.S.L. 2012 (70 O.S. Supp. 2020, Section
3-118), which relates to Secretary of Education
duties; eliminating certain duties of the Secretary
of Education; amending Section 3-142, as last amended
by Section 1, Chapter 122, O.S.L. 2020 (70 O.S. Supp.
2020, Section 3-142), which relates to charter school
funding; updating sponsoring entity for statewide
virtual charter schools; amending Section 5, Chapter
367, O.S.L. 2012, as last amended by Section 2 ,
Chapter 27, O.S.L. 2020, Section 7, Chapter 367,
O.S.L. 2012, as amended by Section 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. 2020 (70 O.S. Supp.
2020, Sections 3-145.3, 3-145.5, Section 3-145.7 and
3-145.8), which relate to the Oklahoma Charter
Schools Act; transferring powers and duties of
Statewide Virtual Charter School Board to Commission
for Educational Quality and Accountability;
eliminating certain appeal procedure; transferring
certain contractual rights and responsibilities;
renaming certain revolving fund; modifying certain
authorized expenditures; updating references;
amending 70 O.S. 2011, Section 1210.531, as amended
by Section 14, Chapter 223, O.S.L. 2012 (70 O.S.
Supp. 2020, Section 1210.531), which relates to the
Oklahoma Educational Indicators Program; requiring
State Department of Education to make certain data
available to the Office of Educational Quali ty and
Accountability; amending Section 1, Chapter 86,
O.S.L. 2020 (70 O.S. Supp. 2020, Section 1210.704).
which relates to advanced placement courses;
modifying entities that may provide access to
advanced placement courses; directing Commission to
maintain an online learning platform ; repealing
Section 3, Chapter 367, O.S.L. 2012, as amended by
Section 4, Chapter 212, O.S.L. 2013, Section 4,
Chapter 367, O.S.L. 2012 and Section 6, Chapter 367,
O.S.L. 2012, as amended by Section 6, Chapter 212,
O.S.L. 2013 (70 O.S. Supp. 2020, Sections 3-145.1, 3-
145.2 and 3-145.4), which relate to the Statewide
Virtual Charter School Board; and declaring an
emergency.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 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), is amended to read as follows:
Section 3-104. The supervision of the public school system of
Oklahoma shall be vested in the S tate Board of Education 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 c ompensation 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
budgetary needs of local school districts filed with the St ate 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,
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b. the supervision of all other functions of general and
special education in cluding general control, 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 are 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 designated 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:
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 and every division within the State
Department of Education as submitted by the State
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Superintendent of Public Instruction and any other
division, department, institution or other agency
under the supervision of the Board,
c. recommendations for the improvement 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
state subject to the provisions of Section 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, classroom teachers and for other
personnel performing instructional, administrative and supervisory
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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 for 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 in
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 Ti tle 21 of the Oklahoma
Statutes or who enters this state and who has been
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,
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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 cost s,
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 certificat ion 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,
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
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professional development, subject to the pr ovisions 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 districts 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 stat e.
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, ei ther by state or federal 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 qualified, 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
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
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affecting the operation of the public nurseries and kindergartens
operated from federal funds 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 ha s
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 a n accrediting association
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 accred iting;
8. Be the legal agent of the State of Oklahoma to accept, in
its discretion, the provisions of any Act of Congress appropriating
or apportioning funds which are now, or may hereafter be, provided
for use in connection with any phase of the system o f public
education in Oklahoma. It shall prescribe such rules as it finds
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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 Education 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 nec essary or appropriate 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 79 th Congress of
the United States, in the State of Oklahoma and is hereby authorized
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 pu rpose, administer the
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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 thin gs of value which may
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 activities 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 official 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 supervis ion of the school lunch 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 programs. There is hereby created
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
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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 bulleti ns
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 r equired. 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 al l budgeting, accounting 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 o f
school children and school personnel while under the jurisdiction of
school authorities;
18. Provide for the supervision of the transportation of
pupils;
19. Have authority, upon request of the local school board, to
act in behalf of the public schools of the state in the purchase of
transportation equipment;
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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 duties 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 be 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 buildi ng purposes, the proceeds 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 Equalization 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
sites, constructing, repairing, remodeling or equipping buildings,
or acquiring school furniture, fixtures, or equipment. For charter
schools, the fund shall only be used to acquire buildings in which
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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 d etermine 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 ave rage 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 fif ty percent (50%) within
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 s chool year and certifications 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
for the specific purpose of acquiring buildings in an amount of not
less than ten percent (10%) of the total grant amount. The amount
of each grant awarded by the Board each year shall not exceed Four
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Million Dollars ($4,000,000.00). From the total amount available to
provide grants to public schools and charter schools, charter
schools shall be allocated 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
Commission for Educational Quality and Accountability 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 memb ership. 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 valuat ion 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 adminis tering, the fund pursuant to the provisions
of this paragraph, and may employ and fix the duties and
compensation of technicians, aides, clerks, stenographers, attorneys
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and other personnel deemed necessary to carry out the provisions of
this paragraph. The cost of administering the fund shall be paid
from 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 adminis trative 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 p ublic 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 shall 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
and other agencies or individuals for services, pro grams or research
projects. The Statistical Services Revolving Fund shall be
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administered in accordance with Section 155 of Title 62 of the
Oklahoma Statutes.
SECTION 2. AMENDATORY Section 1, Chapter 223, O.S.L.
2012 (70 O.S. Supp. 2020, Section 3-116.2), is amended to read as
follows:
Section 3-116.2 A. Effective January 1, 2013, there is hereby
created the Commission for Educational Quality and Accountability.
The Until July 1, 2021, the membership of the Commission shall
consist of:
1. The Secretary of Education, who shall serve as the chair of
the Commission;
2. One member appointed by the Governor, with the advice and
consent of the Senate, representing business and industry from an
Oklahoma employer with five hundred (500) or fewer employees;
3. One member, appointed by the Governor, with the advice and
consent of the Senate, who is a parent of a child enrolled in a
public school in this state;
4. One member, appointed by the Governor, with the advice and
consent of the Senate, who is an administrator of a public school
district;
5. One member, appointed by the Governor, with the advice and
consent of the Senate, who shall represent higher education teacher
education programs;
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6. One member appointed by the Governor, w ith the advice and
consent of the Senate, who shall be an active classroom teacher in
kindergarten through grade six; and
7. One member appointed by the Governor, with the advice and
consent of the Senate, who shall be an active classroom teacher in
grades seven through twelve.
The terms of the initial appointed members shall commence on
January 1, 2013, and shall end on June 30, 2014. The terms of
subsequently appointed members shall commence on July 1 of each year
following the election of the Governor thereafter and shall be for
four (4) years. If a vacancy occurs, the vacancy shall be filled
for the unexpired term in the same manner as the office was
previously filled.
B. Effective July 1, 2021 , the membership of the Commission
shall consist of the f ollowing nine (9) members:
1. Five members appointed by the Governor;
2. Two members appointed by the Speaker of the House of
Representatives; and
3. Two members appointed by the President Pro Tempore of the
Senate.
C. Each member shall serve at the pl easure of his or her
appointing authority and may be removed or replaced without cause.
Any member of the Commission shall be prohibited from voting on any
issue in which the member has a direct financial interest.
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D. A quorum of the Commission, which sh all consist of four
members, shall be present in order for the Commission to transact
any business. Members shall be reimbursed for travel in the
performance of their official duties in accordance with the State
Travel Reimbursement Act.
C. Prior to July 1, 2013, the Commission shall meet to organize
and plan for the assumption of the powers and duties of the
Education Oversight Board and the Oklahoma Commission for Teacher
Preparation.
D. E. Beginning July 1, 2013, the Commission shall assume the
following duties:
1. Oversee implementation of the provisions of Enrolled House
Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma
Legislature;
2. Implementation of the provisions of the Oklahoma Teacher
Preparation Act as provided for in law;
3. Make recommendations to the Governor and Legislature on
methods to achieve an aligned, seamless system from preschool
through postsecondary education; and
4. Set performance levels and corresponding cut scores pursuant
to the Oklahoma School Testing P rogram Act and as provided for in
Section 1210.541 of Title 70 of the Oklahoma Statutes this title.
E. F. Beginning July 1, 2013, the Commission shall govern the
operation of the Office of Educational Quality and Accountability
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created in Section 3 -117 of Title 70 of the Oklahoma Statutes this
title.
F. G. 1. Beginning July 1, 2014, the Commission shall assume
the following duties of the Oklahoma Commission for Teacher
Preparation according to the provisions of the Oklahoma Teacher
Preparation Act:
a. approval and accreditation of teacher education
programs, and
b. assessment of candidates for licensure and
certification.
2. To implement the provisions of this subsection the
Commission shall:
a. include the State Board of Education in the process,
b. review and assess approved, accredited and new
programs of teacher education, and
c. encourage studies and research designed to improve
teacher education.
H. Beginning July 1, 2021 , the Commission may renegotiate
contracts with each statewide virtual charter school which has been
approved and sponsored by the Statewide Virtual Charter School Board
or any virtual charter school for which the Statewide Virtual
Charter School Board has assumed sponsorship.
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SECTION 3. AMENDATORY Section 2, Chapter 223, O.S.L.
2012 (70 O.S. Supp. 2020 , Section 3-116.3), is amended to read as
follows:
Section 3-116.3 A. As of July 1, 2013, all references to the
Education Oversight Board shall mean the Commission for Educational
Quality and Accountability.
B. As of July 1, 2013, all references to the Office of
Accountability shall mean the Office of Educational Quality and
Accountability.
C. As of July 1, 2014, all references to the Oklahoma
Commission for Teacher Preparation shall mean the Commission for
Educational Quality and Accountability.
D. As of July 1, 2021, all references to the Statewide Virtual
Charter School Board shall mean the Commission for Educational
Quality and Accountability.
SECTION 4. AMENDATORY Section 3, C hapter 223, O.S.L.
2012 (70 O.S. Supp. 2020 , Section 3-116.4), is amended to read as
follows:
Section 3-116.4 A. On July 1, 2014, the Oklahoma Commission
for Teacher Preparation shall be placed under the authority of the
Commission for Educational Qualit y and Accountability. Except as
otherwise provided for in this section, the transfer shall include
all real property, buildings, furniture, equipment, supplies,
records, personnel, assets, current and future liabilities, fund
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balances, encumbrances, oblig ations, and indebtedness associated
with the Oklahoma Commission for Teacher Preparation.
B. All employees of the Oklahoma Commission for Teacher
Preparation on July 1, 2014, including related liabilities for sick
leave, annual leave, holidays, unemployme nt benefits, and workers '
compensation benefits accruing prior to July 1, 2014, to such
personnel shall be transferred to the Commission for Educational
Quality and Accountability as of July 1, 2014. It is the intent of
the Legislature that, to the extent possible, the Commission ensure
that the employees retain pay and benefits, as much as possible,
including longevity, dependent insurance benefits, seniority,
rights, and other privileges or benefits.
C. Appropriate conveyances and other documents shall be
executed by January 1, 2015, to effectuate the transfer of property
owned by the Oklahoma Commission for Teacher Preparation to the
Commission for Educational Quality and Accountability.
D. Any monies donated or accruing to or in the name of the
Oklahoma Commission for Teacher Preparation after July 1, 2014,
shall be transferred to the Commission for Educational Quality and
Accountability. Any other monies from appropriations, fees,
licenses, fines, penalties, or other similar types of monies that
accrue in any funds or accounts after July 1, 2014, in the name of
the Oklahoma Commission for Teacher Preparation or maintained for
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the benefit of the Oklahoma Commission for Teacher Preparation are
transferred to the Commission.
E. The Commission for Educat ional Quality and Accountability
shall succeed to any contractual rights and responsibilities
incurred by the Oklahoma Commission for Teacher Preparation.
F. The rules of the Oklahoma Commission for Teacher Preparation
that are in effect on July 1, 2014, shall be enforceable by the
Commission for Educational Quality and Accountability until the
Commission establishes rules.
G. The Statewide Virtual Charter School Board is hereby
abolished. On July 1, 2021, all duties, powers, liabilities and
property of the Statewide Virtual Charter School Board shall be
transferred to the Commission for Educational Quality and
Accountability. Except as otherwise provided for in this section,
the transfer shall include all real property, buildings, furniture,
equipment, supplies, records, personnel, assets, current and future
liabilities, fund balances, encumbrances, obligations and
indebtedness associated with the Statewide Virtual Charter School
Board.
H. All employees of the Statewide Virtual Char ter School Board
on July 1, 2021, including related liabilities for sick leave,
annual leave, holidays, unemployment benefits and workers '
compensation benefit s accruing prior to July 1, 2021 , to such
personnel shall be transferred to the Commission for Educational
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Quality and Accountability as of July 1, 2021 . It is the intent of
the Legislature that the Commission ensure that the employees retain
pay and benefits including longevity, dependent insura nce benefits,
seniority, rights and other privileges or benefits.
I. Appropriate conveyances and other documents shal l be
executed by January 1, 2022 , to effectuate the transfer of property
owned by the Statewide Virtual Charter School Board to the
Commission for Educational Quality and Accountability.
J. Any monies donated or a ccruing to or in the name of the
Statewide Virtual Charter School Board after July 1, 2021 , shall be
transferred to the Commission for Educational Quality and
Accountability. Any other monies from appropriations, f ees,
licenses, fines, penalties or other similar types of monies that
accrue in any funds or accounts after July 1, 2021 , in the name of
the Statewide Virtual Charter School Board or maintained for the
benefit of the Statewide Virtual Charter School Board are
transferred to the Commission.
K. The Commission for Educational Quality and Accountability
shall succeed to any contractual rights and responsibilities
incurred by the Statewide Virtual Charter School Board.
L. The rules of the Statewide Virtual Charter School Board th at
are in effect on July 1, 2021, shall be enforceable by the
Commission for Educational Quality and Accountability until the
Commission establishes rules.
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SECTION 5. AMENDATORY 70 O.S. 2011, Section 3 -117, as
amended by Section 5, Chapter 223, O.S.L. 2012 (70 O.S. Supp. 2020 ,
Section 3-117), is amended to read as follows:
Section 3-117. A. There is hereby created the Office of
Educational Quality and Accountability. The Office of Educational
Quality and Accountability, its personnel, budget, and ex penditure
of funds shall be solely under the direction of the Commission for
Educational Quality and Accountability. The Commission shall
demonstrate a savings of fifteen percent (15%) by merging the former
Office of Accountability into the Office of Educ ational Quality and
Accountability. The Administrator of the Office of Educational
Quality and Accountability shall have the training and experience
necessary for the administration of the agency. The Administrator
shall be appointed by the Governor with the advice and consent of
the Senate and shall serve at the pleasure of the Governor and may
be removed or replaced without cause. Compensation for the
Administrator shall be determined by the Governor. The
Administrator may be removed from office by a two-thirds (2/3) vote
of the members elected to and constituting each chamber of the
Legislature.
B. The Administrator of the Office of Educational Quality and
Accountability shall be the chief executive officer of the agency
and shall act for the agency in all matters except as may be
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otherwise provided by law. The powers and duties of the
Administrator shall include but not be limited to:
1. Supervision of the activities of the agency;
2. Formulation and recommendation of rules for approval or
rejection by the Commission for Educational Quality and
Accountability;
3. Preparation of the plans, reports and proposals required by
the Commission for Educational Quality and Accountability, other
reports as necessary and appropriate, and an annual budget for the
review and approval of the Commission; and
4. Employment of such staff as may be necessary to perform the
duties of the agency.
SECTION 6. AMENDATORY 70 O.S. 2011, Section 3 -118, as
last amended by Section 591, Chapter 304, O.S.L. 2012 (70 O.S. Supp.
2020, Section 3-118), is amended to read as follows:
Section 3-118. The Secretary of Education shall:
1. Oversee the Office of Educational Quality and
Accountability;
2. Employ necessary personnel according to procedures
established for the employment of personnel by the Office of
Management and Enterprise Services;
3. Monitor the efforts of the public school districts to comply
with the provisions of this act and of Enrolled Senate Bill No. 183
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of the 1st Session of the 42nd Oklahoma Legislature which relate to
common education;
4. 2. Identify districts not making satisfactory progress
toward compliance with the provisions and recommend appropriate
corrective actions to the State Board of Education concerning each
district so identified;
5. Have executive responsibility for the Oklahoma Educational
Indicators Program and the annual report required pursuant to
Section 1210.531 of this title;
6. 3. Review and make periodic public comment on the progress
and effectiveness of th e State Board and State Department of
Education, the Office of the State Superintendent of Public
Instruction, other bodies created by this act, and the public
schools of this state concerning the implementation of the
provisions of this act and of Enrolle d Senate Bill No. 183 of the
1st Session of the 42nd Oklahoma Legislature which relate to common
education;
7. 4. Analyze the revenues for all systems of education and the
expenditure of common education revenue, giving close attention to
expenditures for administrative expenses relating to the common
schools;
8. 5. Make reports to the public concerning these matters
whenever appropriate; and
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9. 6. Submit recommendations regarding funding for education or
statutory changes to the Speaker of the House of Representatives,
the President Pro Tempore of the Senate and the Governor whenever
appropriate.
SECTION 7. 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 students 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 center school distr ict, 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 Board
Commission for Educational Quality and Accountabilit y, 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 additiona l 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 avera ge daily membership for the first year
of operation of a charter school shall be determined initially by
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multiplying the actual enrollment of students as of August 1 by
1.333. The charter school shall receive revenue equal to that which
would be generated by the estimated weighted 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 fi rst year of operation 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 generated 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 charter 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 te chnology center school
district, a higher education institution, the State Board of
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Education, or a federally recognized Indian tribe shall be
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 us ed for future purposes. 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 cho oses to lease property 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 thi s 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 within
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thirty (30) days after the first nine (9) weeks of the school year.
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 th e following school year.
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 limitations,
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 b udgeted 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 Treasur er against claims filed 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 8. 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 O klahoma
Charter Schools Act, the Statewide Virtual Charter School Board
Commission for Educational Quality and Accountability shall:
1. Provide oversight of the operations of statewide virtual
charter schools in this state;
2. Establish a procedure for a ccepting, 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 supplemental online
courses which have been reviewed and certified by the Statewide
Virtual Charter School Board Commission for Educational Quality and
Accountability 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 Commission for
Educational Quality and Accountability 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 Commission for
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Educational Quality and Accountability 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 wi th 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
Commission for Educational Quality and Accountabilit y 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 Commission or any virtual
charter school for which the Board Commission 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 Board Commission for Educational
Quality and Accountability shall be eligible to receive federal
funds generated by students enrolled in the charter school fo r the
applicable year. Each statewide virtual charter school shall be
considered a separate local education agency for purposes of
reporting and accountability.
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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
year, less up to five percent (5%) of the State Aid allocation,
which may be retained by the Statewide Virtual Charter School Board
Commission for Educational Quality and Accountability for
administrative expenses and to support the mission of the Board
Commission. 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 local education agency
for purposes of reporting and accountability.
E. A virtual charter school sh all be subject to the 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 vir tual 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 de cisions of the
virtual charter school. The governing body of a virtual charter
school shall be subject to the same conflict of interest
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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
board and pursuant to Section 5 -110 of this title, comple te 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
Commission for Educational Quality and Accountability 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
statewide 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 i n 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
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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 t he 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 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 da y 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 during
that same school year. A statewide vir tual charter school student
that has utilized the allowable one transfer pursuant to this
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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 i nitiating 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 required to submit a
transfer in order to r emain 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.
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 B oard
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 Educat ion shall
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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 9. 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 1, 2014, the Statewide Virtual Charter School
Board Commission for Educational Q uality and Accountability shall
succeed to any contractual rights and responsibilities incurred by a
school district in a virtual charter school contract executed prior
to January 1, 2014, 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 future liability, encumbrances, obligations and
indebtedness associated with the contract shall be transferred to
the Statewide Virtual Charter School Board Commission for
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Educational Quality and Accountability . 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 Commission 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 Commission shall allow the provider of the virtual charter
school to apply for renewal of the contract with the Board
Commission in accordance with the renewal procedures established
pursuant to Section 3 -145.3 of this title.
SECTION 10. 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 Board
Commission for Educational Quality and Accountability to be
designated the "Statewide Virtual Charter School B oard Commission
for Educational Quality and Accountability 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 Board Commission 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
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and expended by the Statewide Virtual Charter School Board
Commission for the purpose of supporting the mission of the
Statewide Virtual Charter School Board Commission for Educational
Quality and Accountability . Expenditures from the fund shall be
made upon warrants is sued 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 11. 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
Charter School Board Commission for Educational Quality and
Accountability 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 Department 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 poli cy. The policy may allow
attendance to be a proportional amount of the required attendance
policy provisions based upon the date of enrollment of the student.
The attendance policy shall include the following provisions:
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1. The first date of attendance and membership shall be the
first date the student completes an instructional activity.
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 o f the academic year.
3. For a student who does not meet any of the criteria 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 proportional 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 section, "instructional activities "
shall include instructional meetings with a teacher, completed
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assignments that are used to record a grade for a student that is
factored into the studen t's grade for the semester during which the
assignment is completed, testing and school -sanctioned field trips,
and orientation.
D. Each statewide virtual charter school approved and sponsored
by the Statewide Virtual Charter School Board Commission for
Educational Quality and Accountability 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 st udent
orientation, and require all students enrolled to complete the
student orientation prior to completing any other instructional
activity. The Statewide Virtual Charter School Board Commission for
Educational Quality and Accountability 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 sc hool for the remainder of the school year.
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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
minimum, that if a student fails to consistently attend school and
complete instructional activities 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 charte r
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 Board Commission for
Educational Quality and Accountability may promulgate rules to
implement the provisions of this section.
SECTION 12. AMENDATORY 70 O.S. 2011, Section 1210.53 1,
as amended by Section 14, Chapter 223 , O.S.L. 2012 (70 O.S. Supp.
2020, Section 1210.531), is amended to read as follows:
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Section 1210.531 A. The Commission for Educational Quality and
Accountability shall establish an Oklahoma Educational Indicators
Program. The purpose of the Program shall be to develop and
implement a system of measures whereby the performance of public
schools and school districts is assessed and reported without undue
reliance upon any single type of indicator, and whereby the pu blic,
including students and parents, may be made aware of the proper
meaning and use of any tests administered under the Oklahoma School
Testing Program Act, relative accomplishments of the public schools,
and of progress being achieved. The Commission s hall involve
representatives of school teachers and of school administrators in
the development of the Program. The Program shall be so designed
that use of standardized definitions and measures and opportunities
for coordination with national reports, in cluding those of the
National Assessment of Educational Progress, are maximized.
B. The Oklahoma Educational Indicators Program shall present
information for comparisons of graduation rates, dropout rates,
pupil-teacher ratios, student enrollment gain and loss rates, and
test results in the contexts of socioeconomic status and the
finances of school districts. Information shall be provided
individually for all public school sites and school districts in a
format that facilitates comparisons. As necessary data become
available, comparisons shall also be provided individually for all
schools and school districts on a historical basis. Reports of all
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tests administered pursuant to the Oklahoma School Testing Program
Act shall be a part of the Oklahoma Educa tional Indicators Program
and shall be provided for each grade and each test subject or set of
competencies. Test results for students enrolled in Internet -based
courses, including regularly enrolled and alternative education
students, shall be disaggrega ted and reported. The Commission for
Educational Quality and Accountability shall seek to develop and
incorporate additional indicators of comparative standing and
accomplishment.
C. Additionally, the Commission for Educational Quality and
Accountability, with the cooperation of the State Department of
Education, the Oklahoma State Regents for Higher Education, and the
State Board of Career and Technology Education, shall develop
procedures for obtaining and reporting data to the high schools and
to the general public regarding the performance of each high
school's graduates in Oklahoma 's institutions of higher education
and in postsecondary vocational -technical education. The Commission
for Educational Quality and Accountability shall include such data
in the report of the Oklahoma Educational Indicators Program. The
State Department of Education shall make all its data available to
the Office of Educational Quality and Accountability annually.
D. By February 1 of each year the Commission for Educationa l
Quality and Accountability shall publish:
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1. A summary report to the people and Legislature of Oklahoma
of the information provided by the Oklahoma Educational Indicators
Program; and
2. State, district, and site level reports which shall include
the percentage of students who perform at the various levels on the
tests required by the Oklahoma State Testing Program.
Immediately following the publication of the reports required in
this subsection each year, all data gathered pursuant to the
Oklahoma Educational Indicators Program shall be made available for
public inspection at the Office of Educational Quality and
Accountability. The confidentiality of individual student and
personnel records shall be preserved as required by law.
SECTION 13. 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 shall make a minimum o f 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
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;
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2. A career and technology institution within the district;
3. A program offered by the Statewide Virtual Charter School
Board Commission for Educational Quality and Accountability or one
of its vendors; or
4. A school site or sites in another school district.
C. The Statewide Virtual Charter School Board Commission for
Educational Quality and Accountability shall maintain an on line
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 shall 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 course s. The
information shall explain the value of advanced placement courses in
preparing students for postsecondary -level coursework, enabling
students to gain access to postsecondary opportunities, and
qualifying for scholarships and other financial aid opp ortunities.
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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 " shall
have the same meaning as provided in paragraph 1 of Section 1210.702
of Title 70 of the Oklahoma Statutes this title.
SECTION 14. REPEALER Section 3, Chapter 367, O.S.L.
2012, as amended by Section 4, Chapter 212, O.S.L. 2013, Section 4,
Chapter 367, O.S.L. 2012 and Section 6, Chapter 367, O.S.L. 2012, as
amended by Section 6, Chapter 212, O.S.L. 2013 (70 O.S. Supp. 2020 ,
Sections 3-145.1, 3-145.2 and 3-145.4), are hereby repeale d.
SECTION 15. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passa ge and approval.
58-1-5669 EK 12/30/20