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Oklahoma House Bill HB2753

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2753 Compare Versions

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2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 58th Legislature (2021)
3131
3232 HOUSE BILL 2753 By: Baker and McBride
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3838 AS INTRODUCED
3939
4040 An Act relating to schools; amending Section 3-104,
4141 as last amended by Section 1, Chapter 271, O.S.L.
4242 2013 (70 O.S. Supp. 2020 , Section 3-104), which
4343 relates to the State Board of Education; modifying
4444 sponsoring entity for charter schools; amending
4545 Section 1, Chapter 223, O.S.L. 2012, Section 2,
4646 Chapter 223, O.S.L. 2012 and Section 3, Chapter 223,
4747 O.S.L. 2012 (70 O.S. Supp. 2020, Sections 3-116.2, 3-
4848 116.3 and 3-116.4), which relate to the Educational
4949 Accountability Reform Act; replacing membership of
5050 Commission for Educational Quality and
5151 Accountability; providing allocation and revenue to
5252 virtual charter schools less certain amou nt for
5353 administrative expenses retained by the Commission;
5454 authorizing the renegotiation of contracts; replacing
5555 references; abolishing the Statewide Virtual Charter
5656 School Board; transferring all duties, powers,
5757 liabilities and property of the Statewide V irtual
5858 Charter School Board to the Commission for
5959 Educational Quality and Accountability; transferring
6060 employees; requiring conveyances and documents be
6161 executed by certain date; transferring monies;
6262 transferring contractual rights and responsibilities;
6363 making certain administrative rules enforceable by
6464 the Commission; eliminating certain Office of
6565 Educational Quality and Accountability duties;
6666 amending 70 O.S. 2011, Section 3 -117, as amended by
6767 Section 5, Chapter 223, O.S.L. 2012 (70 O.S. Supp.
6868 2020, Section 3-117), which relates to Office of
6969 Educational Quality and Accountability; providing
7070 Administrator of the Office of Educational Quality
7171 and Accountability qualifications, appointment
7272 procedure and compensation; providing powers and
7373 duties of Administrat or; amending 70 O.S. 2011,
7474 Section 3-118, as last amended by Section 591,
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101101 Chapter 304, O.S.L. 2012 (70 O.S. Supp. 2020, Section
102102 3-118), which relates to Secretary of Education
103103 duties; eliminating certain duties of the Secretary
104104 of Education; amending Section 3-142, as last amended
105105 by Section 1, Chapter 122, O.S.L. 2020 (70 O.S. Supp.
106106 2020, Section 3-142), which relates to charter school
107107 funding; updating sponsoring entity for statewide
108108 virtual charter schools; amending Section 5, Chapter
109109 367, O.S.L. 2012, as last amended by Section 2 ,
110110 Chapter 27, O.S.L. 2020, Section 7, Chapter 367,
111111 O.S.L. 2012, as amended by Section 7, Chapter 212,
112112 O.S.L. 2013, Section 1, Chapter 225, O.S.L. 2015 and
113113 Section 1, Chapter 247, O.S.L. 2017 , as amended by
114114 Section 3, Chapter 27, O.S.L. 2020 (70 O.S. Supp.
115115 2020, Sections 3-145.3, 3-145.5, Section 3-145.7 and
116116 3-145.8), which relate to the Oklahoma Charter
117117 Schools Act; transferring powers and duties of
118118 Statewide Virtual Charter School Board to Commission
119119 for Educational Quality and Accountability;
120120 eliminating certain appeal procedure; transferring
121121 certain contractual rights and responsibilities;
122122 renaming certain revolving fund; modifying certain
123123 authorized expenditures; updating references;
124124 amending 70 O.S. 2011, Section 1210.531, as amended
125125 by Section 14, Chapter 223, O.S.L. 2012 (70 O.S.
126126 Supp. 2020, Section 1210.531), which relates to the
127127 Oklahoma Educational Indicators Program; requiring
128128 State Department of Education to make certain data
129129 available to the Office of Educational Quali ty and
130130 Accountability; amending Section 1, Chapter 86,
131131 O.S.L. 2020 (70 O.S. Supp. 2020, Section 1210.704).
132132 which relates to advanced placement courses;
133133 modifying entities that may provide access to
134134 advanced placement courses; directing Commission to
135135 maintain an online learning platform ; repealing
136136 Section 3, Chapter 367, O.S.L. 2012, as amended by
137137 Section 4, Chapter 212, O.S.L. 2013, Section 4,
138138 Chapter 367, O.S.L. 2012 and Section 6, Chapter 367,
139139 O.S.L. 2012, as amended by Section 6, Chapter 212,
140140 O.S.L. 2013 (70 O.S. Supp. 2020, Sections 3-145.1, 3-
141141 145.2 and 3-145.4), which relate to the Statewide
142142 Virtual Charter School Board; and declaring an
143143 emergency.
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175175 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
176176 SECTION 1. AMENDATORY 70 O.S. 2011, Section 3 -104, as
177177 last amended by Section 1, Chapter 271, O.S.L. 2013 (70 O.S. Supp.
178178 2020, Section 3-104), is amended to read as follows:
179179 Section 3-104. The supervision of the public school system of
180180 Oklahoma shall be vested in the S tate Board of Education and,
181181 subject to limitations otherwise provided by law, the State Board of
182182 Education shall:
183183 1. Adopt policies and make rules for the operation of the
184184 public school system of the state;
185185 2. Appoint, prescribe the duties and fix the c ompensation of a
186186 secretary, an attorney and all other personnel necessary for the
187187 proper performance of the functions of the State Board of Education.
188188 The secretary shall not be a member of the Board;
189189 3. Submit to the Governor a departmental budget based upon
190190 major functions of the Department as prepared by the State
191191 Superintendent of Public Instruction and supported by detailed data
192192 on needs and proposed operations as partially determined by the
193193 budgetary needs of local school districts filed with the St ate Board
194194 of Education for the ensuing fiscal year. Appropriations therefor
195195 shall be made in lump -sum form for each major item in the budget as
196196 follows:
197197 a. State Aid to schools,
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224224 b. the supervision of all other functions of general and
225225 special education in cluding general control, free
226226 textbooks, school lunch, Indian education and all
227227 other functions of the Board and an amount sufficient
228228 to adequately staff and administer these services, and
229229 c. the Board shall determine the details by which the
230230 budget and the appropriations are administered.
231231 Annually, the Board shall make preparations to
232232 consolidate all of the functions of the Department in
233233 such a way that the budget can be based on two items,
234234 administration and aid to schools. A maximum amount
235235 for administration shall be designated as a part of
236236 the total appropriation;
237237 4. On the first day of December preceding each regular session
238238 of the Legislature, prepare and deliver to the Governor and the
239239 Legislature a report for the year ending June 30 immediately
240240 preceding the regular session of the Legislature. The report shall
241241 contain:
242242 a. detailed statistics and other information concerning
243243 enrollment, attendance, expenditures including State
244244 Aid, and other pertinent data for all public schools
245245 in this state,
246246 b. reports from each and every division within the State
247247 Department of Education as submitted by the State
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274274 Superintendent of Public Instruction and any other
275275 division, department, institution or other agency
276276 under the supervision of the Board,
277277 c. recommendations for the improvement of the public
278278 school system of the state,
279279 d. a statement of the receipts and expenditures of the
280280 State Board of Education for the past year, and
281281 e. a statement of plans and recommendations for the
282282 management and improvement of public schools and such
283283 other information relating to the educational
284284 interests of the state as may be deemed necessary and
285285 desirable;
286286 5. Provide for the formulation and adoption of curricula,
287287 courses of study and other instructional aids necessary for the
288288 adequate instruction of pupils in the public schools;
289289 6. Have authority in matters pertaining to the licensure and
290290 certification of persons for instructional, supervisory and
291291 administrative positions and services in the public schools of the
292292 state subject to the provisions of Section 6 -184 of this title, and
293293 shall formulate rules governing the issuance and revocation of
294294 certificates for superintendents of schools, principals,
295295 supervisors, librarians, clerical employees, school nurses, school
296296 bus drivers, visiting teachers, classroom teachers and for other
297297 personnel performing instructional, administrative and supervisory
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324324 services, but not including members of boards of education and other
325325 employees who do not work directly with pupils, and may charge and
326326 collect reasonable fees for the issuance of such certificates:
327327 a. the State Department of Education shall not issue a
328328 certificate to and shall revoke the certificate of any
329329 person who has been convicted, whether upon a verdict
330330 or plea of guilty or upon a plea of nolo contendere,
331331 or received a suspended sentence or any probationary
332332 term for a crime or an attempt to commit a crime
333333 provided for in Section 843.5 of Title 21 of the
334334 Oklahoma Statutes if the offense involved sexual abuse
335335 or sexual exploitation as those terms are defined in
336336 Section 1-1-105 of Title 10A of the Oklahoma Statutes,
337337 Sections 741, 843.1, if the offense included sexual
338338 abuse or sexual exploitation, 865 et seq., 885, 888,
339339 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
340340 1111.1, 1114 or 1123 of Ti tle 21 of the Oklahoma
341341 Statutes or who enters this state and who has been
342342 convicted, received a suspended sentence or received a
343343 deferred judgment for a crime or attempted crime
344344 which, if committed or attempted in this state, would
345345 be a crime or an attempt to commit a crime provided
346346 for in any of said laws,
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373373 b. all funds collected by the State Department of
374374 Education for the issuance of certificates to
375375 instructional, supervisory and administrative
376376 personnel in the public schools of the state shall be
377377 deposited in the "Teachers' Certificate Fund" in the
378378 State Treasury and may be expended by the State Board
379379 of Education to finance the activities of the State
380380 Department of Education necessary to administer the
381381 program, for consultative services, publication cost s,
382382 actual and necessary travel expenses as provided in
383383 the State Travel Reimbursement Act incurred by persons
384384 performing research work, and other expenses found
385385 necessary by the State Board of Education for the
386386 improvement of the preparation and certificat ion of
387387 teachers in Oklahoma. Provided, any unobligated
388388 balance in the Teachers ' Certificate Fund in excess of
389389 Ten Thousand Dollars ($10,000.00) on June 30 of any
390390 fiscal year shall be transferred to the General
391391 Revenue Fund of the State of Oklahoma. Until July 1,
392392 1997, the State Board of Education shall have
393393 authority for approval of teacher education programs.
394394 The State Board of Education shall also have authority
395395 for the administration of teacher residency and
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422422 professional development, subject to the pr ovisions of
423423 the Oklahoma Teacher Preparation Act;
424424 7. Promulgate rules governing the classification, inspection,
425425 supervision and accrediting of all public nursery, kindergarten,
426426 elementary and secondary schools and on -site educational services
427427 provided by public school districts or state -accredited private
428428 schools in partial hospitalization programs, day treatment programs,
429429 and day hospital programs as defined in this act for persons between
430430 the ages of three (3) and twenty -one (21) years of age in the stat e.
431431 However, no school shall be denied accreditation solely on the basis
432432 of average daily attendance.
433433 Any school district which maintains an elementary school and
434434 faces the necessity of relocating its school facilities because of
435435 construction of a lake, ei ther by state or federal authority, which
436436 will inundate the school facilities, shall be entitled to receive
437437 probationary accreditation from the State Board of Education for a
438438 period of five (5) years after the effective date of this act and
439439 any school district, otherwise qualified, shall be entitled to
440440 receive probationary accreditation from the State Board of Education
441441 for a period of two (2) consecutive years to attain the minimum
442442 average daily attendance. The Head Start and public nurseries or
443443 kindergartens operated from Community Action Program funds shall not
444444 be subjected to the accrediting rules of the State Board of
445445 Education. Neither will the State Board of Education make rules
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472472 affecting the operation of the public nurseries and kindergartens
473473 operated from federal funds secured through Community Action
474474 Programs even though they may be operating in the public schools of
475475 the state. However, any of the Head Start or public nurseries or
476476 kindergartens operated under federal regulations may make
477477 application for accrediting from the State Board of Education but
478478 will be accredited only if application for the approval of the
479479 programs is made. The status of no school district shall be changed
480480 which will reduce it to a lower classification until due notice ha s
481481 been given to the proper authorities thereof and an opportunity
482482 given to correct the conditions which otherwise would be the cause
483483 of such reduction.
484484 Private and parochial schools may be accredited and classified
485485 in like manner as public schools or, if a n accrediting association
486486 is approved by the State Board of Education, by procedures
487487 established by the State Board of Education to accept accreditation
488488 by such accrediting association, if application is made to the State
489489 Board of Education for such accred iting;
490490 8. Be the legal agent of the State of Oklahoma to accept, in
491491 its discretion, the provisions of any Act of Congress appropriating
492492 or apportioning funds which are now, or may hereafter be, provided
493493 for use in connection with any phase of the system o f public
494494 education in Oklahoma. It shall prescribe such rules as it finds
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521521 necessary to provide for the proper distribution of such funds in
522522 accordance with the state and federal laws;
523523 9. Be and is specifically hereby designated as the agency of
524524 this state to cooperate and deal with any officer, board or
525525 authority of the United States Government under any law of the
526526 United States which may require or recommend cooperation with any
527527 state board having charge of the administration of public schools
528528 unless otherwise provided by law;
529529 10. Be and is hereby designated as the "State Educational
530530 Agency" referred to in Public Law 396 of the 79th Congress of the
531531 United States, which law states that said act may be cited as the
532532 "National School Lunch Act ", and said State Board of Education is
533533 hereby authorized and directed to accept the terms and provisions of
534534 said act and to enter into such agreements, not in conflict with the
535535 Constitution of Oklahoma or the Constitution and Statutes of the
536536 United States, as may be nec essary or appropriate to secure for the
537537 State of Oklahoma the benefits of the school lunch program
538538 established and referred to in said act;
539539 11. Have authority to secure and administer the benefits of the
540540 National School Lunch Act, Public Law 396 of the 79 th Congress of
541541 the United States, in the State of Oklahoma and is hereby authorized
542542 to employ or appoint and fix the compensation of such additional
543543 officers or employees and to incur such expenses as may be necessary
544544 for the accomplishment of the above pu rpose, administer the
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571571 distribution of any state funds appropriated by the Legislature
572572 required as federal matching to reimburse on children 's meals;
573573 12. Accept and provide for the administration of any land,
574574 money, buildings, gifts, donation or other thin gs of value which may
575575 be offered or bequeathed to the schools under the supervision or
576576 control of said Board;
577577 13. Have authority to require persons having administrative
578578 control of all school districts in Oklahoma to make such regular and
579579 special reports regarding the activities of the schools in said
580580 districts as the Board may deem needful for the proper exercise of
581581 its duties and functions. Such authority shall include the right of
582582 the State Board of Education to withhold all state funds under its
583583 control, to withhold official recognition, including accrediting,
584584 until such required reports have been filed and accepted in the
585585 office of said Board and to revoke the certificates of persons
586586 failing or refusing to make such reports;
587587 14. Have general supervis ion of the school lunch program. The
588588 State Board of Education may sponsor workshops for personnel and
589589 participants in the school lunch program and may develop, print and
590590 distribute free of charge or sell any materials, books and bulletins
591591 to be used in such school lunch programs. There is hereby created
592592 in the State Treasury a revolving fund for the Board, to be
593593 designated the School Lunch Workshop Revolving Fund. The fund shall
594594 consist of all fees derived from or on behalf of any participant in
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621621 any such workshop sponsored by the State Board of Education, or from
622622 the sale of any materials, books and bulletins, and such funds shall
623623 be disbursed for expenses of such workshops and for developing,
624624 printing and distributing of such materials, books and bulleti ns
625625 relating to the school lunch program. The fund shall be
626626 administered in accordance with Section 155 of Title 62 of the
627627 Oklahoma Statutes;
628628 15. Prescribe all forms for school district and county officers
629629 to report to the State Board of Education where r equired. The State
630630 Board of Education shall also prescribe a list of appropriation
631631 accounts by which the funds of school districts shall be budgeted,
632632 accounted for and expended; and it shall be the duty of the State
633633 Auditor and Inspector in prescribing al l budgeting, accounting and
634634 reporting forms for school funds to conform to such lists;
635635 16. Provide for the establishment of a uniform system of pupil
636636 and personnel accounting, records and reports;
637637 17. Have authority to provide for the health and safety o f
638638 school children and school personnel while under the jurisdiction of
639639 school authorities;
640640 18. Provide for the supervision of the transportation of
641641 pupils;
642642 19. Have authority, upon request of the local school board, to
643643 act in behalf of the public schools of the state in the purchase of
644644 transportation equipment;
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671671 20. Have authority and is hereby required to perform all duties
672672 necessary to the administration of the public school system in
673673 Oklahoma as specified in the Oklahoma School Code; and, in addition
674674 thereto, those duties not specifically mentioned herein if not
675675 delegated by law to any other agency or official;
676676 21. Administer the State Public Common School Building
677677 Equalization Fund established by Section 32 of Article X of the
678678 Oklahoma Constitution. Any monies as may be appropriated or
679679 designated by the Legislature, other than ad valorem taxes, any
680680 other funds identified by the State Department of Education, which
681681 may include, but not be limited to, grants -in-aid from the federal
682682 government for buildi ng purposes, the proceeds of all property that
683683 shall fall to the state by escheat, penalties for unlawful holding
684684 of real estate by corporations, and capital gains on assets of the
685685 permanent school funds, shall be deposited in the State Public
686686 Common School Building Equalization Fund. The fund shall be used to
687687 aid school districts and charter schools in acquiring buildings,
688688 subject to the limitations fixed by Section 32 of Article X of the
689689 Oklahoma Constitution. It is hereby declared that the term
690690 "acquiring buildings" as used in Section 32 of Article X of the
691691 Oklahoma Constitution shall mean acquiring or improving school
692692 sites, constructing, repairing, remodeling or equipping buildings,
693693 or acquiring school furniture, fixtures, or equipment. For charter
694694 schools, the fund shall only be used to acquire buildings in which
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721721 students enrolled in the charter school will be attending. It is
722722 hereby declared that the term "school districts" as used in Section
723723 32 of Article X of the Oklahoma Constitution shall mean school
724724 districts and charter schools created pursuant to the provisions of
725725 the Oklahoma Charter Schools Act. If sufficient monies are
726726 available in the fund, the Board shall solicit proposals for grants
727727 from school districts and charter schools and shall d etermine the
728728 process for consideration of proposals. Grants shall be awarded
729729 only to school districts which have a total assessed property
730730 valuation per average daily membership that is less than the state
731731 average total assessed property valuation per ave rage daily
732732 membership and, at the time of application, the district has voted
733733 the five-mill building fund levy authorized in Section 10 of Article
734734 X of the Oklahoma Constitution, and has voted indebtedness through
735735 the issuance of new bonds for at least fif ty percent (50%) within
736736 the last three (3) years of the maximum allowable pursuant to the
737737 provisions of Section 26 of Article X of the Oklahoma Constitution
738738 as shown on the school district budget filed with the State Board of
739739 Equalization for the current s chool year and certifications by the
740740 Attorney General prior to April 1 of the school year. Grants shall
741741 be awarded only to charter schools which have secured matching funds
742742 for the specific purpose of acquiring buildings in an amount of not
743743 less than ten percent (10%) of the total grant amount. The amount
744744 of each grant awarded by the Board each year shall not exceed Four
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771771 Million Dollars ($4,000,000.00). From the total amount available to
772772 provide grants to public schools and charter schools, charter
773773 schools shall be allocated the greater of ten percent (10%) of the
774774 total amount or the percent of students enrolled in charter schools
775775 that are not sponsored by the Statewide Virtual Charter School Board
776776 Commission for Educational Quality and Accountability as compared to
777777 the student enrollment in school districts which have a total
778778 assessed property valuation per average daily membership that is
779779 equal to or less than twenty -five percent (25%) of the state total
780780 assessed property valuation per average daily memb ership. The Board
781781 shall give priority consideration to school districts which have a
782782 total assessed property valuation per average daily membership that
783783 is equal to or less than twenty -five percent (25%) of the state
784784 average total assessed property valuat ion per average daily
785785 membership. The Board is authorized to prorate grants awarded if
786786 monies are not sufficient in the fund to award grants to qualified
787787 districts and charter schools. The State Board of Education shall
788788 make available to eligible charter schools any unused grant funds
789789 that remain after the initial allocation to all eligible public
790790 school districts and charter schools of this state. The State Board
791791 of Education shall prescribe rules for making grants of aid from,
792792 and for otherwise adminis tering, the fund pursuant to the provisions
793793 of this paragraph, and may employ and fix the duties and
794794 compensation of technicians, aides, clerks, stenographers, attorneys
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821821 and other personnel deemed necessary to carry out the provisions of
822822 this paragraph. The cost of administering the fund shall be paid
823823 from monies appropriated to the State Board of Education for the
824824 operation of the State Department of Education;
825825 22. Recognize that the Director of the Oklahoma Department of
826826 Corrections shall be the adminis trative authority for the schools
827827 which are maintained in the state reformatories and shall appoint
828828 the principals and teachers in such schools. Provided, that rules
829829 of the State Board of Education for the classification, inspection
830830 and accreditation of p ublic schools shall be applicable to such
831831 schools; and such schools shall comply with standards set by the
832832 State Board of Education; and
833833 23. Have authority to administer a revolving fund which is
834834 hereby created in the State Treasury, to be designated the
835835 Statistical Services Revolving Fund. The fund shall consist of all
836836 monies received from the various school districts of the state, the
837837 United States Government, and other sources for the purpose of
838838 furnishing or financing statistical services and for any other
839839 purpose as designated by the Legislature. The State Board of
840840 Education is hereby authorized to enter into agreements with school
841841 districts, municipalities, the United States Government, foundations
842842 and other agencies or individuals for services, pro grams or research
843843 projects. The Statistical Services Revolving Fund shall be
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870870 administered in accordance with Section 155 of Title 62 of the
871871 Oklahoma Statutes.
872872 SECTION 2. AMENDATORY Section 1, Chapter 223, O.S.L.
873873 2012 (70 O.S. Supp. 2020, Section 3-116.2), is amended to read as
874874 follows:
875875 Section 3-116.2 A. Effective January 1, 2013, there is hereby
876876 created the Commission for Educational Quality and Accountability.
877877 The Until July 1, 2021, the membership of the Commission shall
878878 consist of:
879879 1. The Secretary of Education, who shall serve as the chair of
880880 the Commission;
881881 2. One member appointed by the Governor, with the advice and
882882 consent of the Senate, representing business and industry from an
883883 Oklahoma employer with five hundred (500) or fewer employees;
884884 3. One member, appointed by the Governor, with the advice and
885885 consent of the Senate, who is a parent of a child enrolled in a
886886 public school in this state;
887887 4. One member, appointed by the Governor, with the advice and
888888 consent of the Senate, who is an administrator of a public school
889889 district;
890890 5. One member, appointed by the Governor, with the advice and
891891 consent of the Senate, who shall represent higher education teacher
892892 education programs;
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919919 6. One member appointed by the Governor, w ith the advice and
920920 consent of the Senate, who shall be an active classroom teacher in
921921 kindergarten through grade six; and
922922 7. One member appointed by the Governor, with the advice and
923923 consent of the Senate, who shall be an active classroom teacher in
924924 grades seven through twelve.
925925 The terms of the initial appointed members shall commence on
926926 January 1, 2013, and shall end on June 30, 2014. The terms of
927927 subsequently appointed members shall commence on July 1 of each year
928928 following the election of the Governor thereafter and shall be for
929929 four (4) years. If a vacancy occurs, the vacancy shall be filled
930930 for the unexpired term in the same manner as the office was
931931 previously filled.
932932 B. Effective July 1, 2021 , the membership of the Commission
933933 shall consist of the f ollowing nine (9) members:
934934 1. Five members appointed by the Governor;
935935 2. Two members appointed by the Speaker of the House of
936936 Representatives; and
937937 3. Two members appointed by the President Pro Tempore of the
938938 Senate.
939939 C. Each member shall serve at the pl easure of his or her
940940 appointing authority and may be removed or replaced without cause.
941941 Any member of the Commission shall be prohibited from voting on any
942942 issue in which the member has a direct financial interest.
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969969 D. A quorum of the Commission, which sh all consist of four
970970 members, shall be present in order for the Commission to transact
971971 any business. Members shall be reimbursed for travel in the
972972 performance of their official duties in accordance with the State
973973 Travel Reimbursement Act.
974974 C. Prior to July 1, 2013, the Commission shall meet to organize
975975 and plan for the assumption of the powers and duties of the
976976 Education Oversight Board and the Oklahoma Commission for Teacher
977977 Preparation.
978978 D. E. Beginning July 1, 2013, the Commission shall assume the
979979 following duties:
980980 1. Oversee implementation of the provisions of Enrolled House
981981 Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma
982982 Legislature;
983983 2. Implementation of the provisions of the Oklahoma Teacher
984984 Preparation Act as provided for in law;
985985 3. Make recommendations to the Governor and Legislature on
986986 methods to achieve an aligned, seamless system from preschool
987987 through postsecondary education; and
988988 4. Set performance levels and corresponding cut scores pursuant
989989 to the Oklahoma School Testing P rogram Act and as provided for in
990990 Section 1210.541 of Title 70 of the Oklahoma Statutes this title.
991991 E. F. Beginning July 1, 2013, the Commission shall govern the
992992 operation of the Office of Educational Quality and Accountability
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10191019 created in Section 3 -117 of Title 70 of the Oklahoma Statutes this
10201020 title.
10211021 F. G. 1. Beginning July 1, 2014, the Commission shall assume
10221022 the following duties of the Oklahoma Commission for Teacher
10231023 Preparation according to the provisions of the Oklahoma Teacher
10241024 Preparation Act:
10251025 a. approval and accreditation of teacher education
10261026 programs, and
10271027 b. assessment of candidates for licensure and
10281028 certification.
10291029 2. To implement the provisions of this subsection the
10301030 Commission shall:
10311031 a. include the State Board of Education in the process,
10321032 b. review and assess approved, accredited and new
10331033 programs of teacher education, and
10341034 c. encourage studies and research designed to improve
10351035 teacher education.
10361036 H. Beginning July 1, 2021 , the Commission may renegotiate
10371037 contracts with each statewide virtual charter school which has been
10381038 approved and sponsored by the Statewide Virtual Charter School Board
10391039 or any virtual charter school for which the Statewide Virtual
10401040 Charter School Board has assumed sponsorship.
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10671067 SECTION 3. AMENDATORY Section 2, Chapter 223, O.S.L.
10681068 2012 (70 O.S. Supp. 2020 , Section 3-116.3), is amended to read as
10691069 follows:
10701070 Section 3-116.3 A. As of July 1, 2013, all references to the
10711071 Education Oversight Board shall mean the Commission for Educational
10721072 Quality and Accountability.
10731073 B. As of July 1, 2013, all references to the Office of
10741074 Accountability shall mean the Office of Educational Quality and
10751075 Accountability.
10761076 C. As of July 1, 2014, all references to the Oklahoma
10771077 Commission for Teacher Preparation shall mean the Commission for
10781078 Educational Quality and Accountability.
10791079 D. As of July 1, 2021, all references to the Statewide Virtual
10801080 Charter School Board shall mean the Commission for Educational
10811081 Quality and Accountability.
10821082 SECTION 4. AMENDATORY Section 3, C hapter 223, O.S.L.
10831083 2012 (70 O.S. Supp. 2020 , Section 3-116.4), is amended to read as
10841084 follows:
10851085 Section 3-116.4 A. On July 1, 2014, the Oklahoma Commission
10861086 for Teacher Preparation shall be placed under the authority of the
10871087 Commission for Educational Qualit y and Accountability. Except as
10881088 otherwise provided for in this section, the transfer shall include
10891089 all real property, buildings, furniture, equipment, supplies,
10901090 records, personnel, assets, current and future liabilities, fund
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11171117 balances, encumbrances, oblig ations, and indebtedness associated
11181118 with the Oklahoma Commission for Teacher Preparation.
11191119 B. All employees of the Oklahoma Commission for Teacher
11201120 Preparation on July 1, 2014, including related liabilities for sick
11211121 leave, annual leave, holidays, unemployme nt benefits, and workers '
11221122 compensation benefits accruing prior to July 1, 2014, to such
11231123 personnel shall be transferred to the Commission for Educational
11241124 Quality and Accountability as of July 1, 2014. It is the intent of
11251125 the Legislature that, to the extent possible, the Commission ensure
11261126 that the employees retain pay and benefits, as much as possible,
11271127 including longevity, dependent insurance benefits, seniority,
11281128 rights, and other privileges or benefits.
11291129 C. Appropriate conveyances and other documents shall be
11301130 executed by January 1, 2015, to effectuate the transfer of property
11311131 owned by the Oklahoma Commission for Teacher Preparation to the
11321132 Commission for Educational Quality and Accountability.
11331133 D. Any monies donated or accruing to or in the name of the
11341134 Oklahoma Commission for Teacher Preparation after July 1, 2014,
11351135 shall be transferred to the Commission for Educational Quality and
11361136 Accountability. Any other monies from appropriations, fees,
11371137 licenses, fines, penalties, or other similar types of monies that
11381138 accrue in any funds or accounts after July 1, 2014, in the name of
11391139 the Oklahoma Commission for Teacher Preparation or maintained for
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11661166 the benefit of the Oklahoma Commission for Teacher Preparation are
11671167 transferred to the Commission.
11681168 E. The Commission for Educat ional Quality and Accountability
11691169 shall succeed to any contractual rights and responsibilities
11701170 incurred by the Oklahoma Commission for Teacher Preparation.
11711171 F. The rules of the Oklahoma Commission for Teacher Preparation
11721172 that are in effect on July 1, 2014, shall be enforceable by the
11731173 Commission for Educational Quality and Accountability until the
11741174 Commission establishes rules.
11751175 G. The Statewide Virtual Charter School Board is hereby
11761176 abolished. On July 1, 2021, all duties, powers, liabilities and
11771177 property of the Statewide Virtual Charter School Board shall be
11781178 transferred to the Commission for Educational Quality and
11791179 Accountability. Except as otherwise provided for in this section,
11801180 the transfer shall include all real property, buildings, furniture,
11811181 equipment, supplies, records, personnel, assets, current and future
11821182 liabilities, fund balances, encumbrances, obligations and
11831183 indebtedness associated with the Statewide Virtual Charter School
11841184 Board.
11851185 H. All employees of the Statewide Virtual Char ter School Board
11861186 on July 1, 2021, including related liabilities for sick leave,
11871187 annual leave, holidays, unemployment benefits and workers '
11881188 compensation benefit s accruing prior to July 1, 2021 , to such
11891189 personnel shall be transferred to the Commission for Educational
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12161216 Quality and Accountability as of July 1, 2021 . It is the intent of
12171217 the Legislature that the Commission ensure that the employees retain
12181218 pay and benefits including longevity, dependent insura nce benefits,
12191219 seniority, rights and other privileges or benefits.
12201220 I. Appropriate conveyances and other documents shal l be
12211221 executed by January 1, 2022 , to effectuate the transfer of property
12221222 owned by the Statewide Virtual Charter School Board to the
12231223 Commission for Educational Quality and Accountability.
12241224 J. Any monies donated or a ccruing to or in the name of the
12251225 Statewide Virtual Charter School Board after July 1, 2021 , shall be
12261226 transferred to the Commission for Educational Quality and
12271227 Accountability. Any other monies from appropriations, f ees,
12281228 licenses, fines, penalties or other similar types of monies that
12291229 accrue in any funds or accounts after July 1, 2021 , in the name of
12301230 the Statewide Virtual Charter School Board or maintained for the
12311231 benefit of the Statewide Virtual Charter School Board are
12321232 transferred to the Commission.
12331233 K. The Commission for Educational Quality and Accountability
12341234 shall succeed to any contractual rights and responsibilities
12351235 incurred by the Statewide Virtual Charter School Board.
12361236 L. The rules of the Statewide Virtual Charter School Board th at
12371237 are in effect on July 1, 2021, shall be enforceable by the
12381238 Commission for Educational Quality and Accountability until the
12391239 Commission establishes rules.
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12661266 SECTION 5. AMENDATORY 70 O.S. 2011, Section 3 -117, as
12671267 amended by Section 5, Chapter 223, O.S.L. 2012 (70 O.S. Supp. 2020 ,
12681268 Section 3-117), is amended to read as follows:
12691269 Section 3-117. A. There is hereby created the Office of
12701270 Educational Quality and Accountability. The Office of Educational
12711271 Quality and Accountability, its personnel, budget, and ex penditure
12721272 of funds shall be solely under the direction of the Commission for
12731273 Educational Quality and Accountability. The Commission shall
12741274 demonstrate a savings of fifteen percent (15%) by merging the former
12751275 Office of Accountability into the Office of Educ ational Quality and
12761276 Accountability. The Administrator of the Office of Educational
12771277 Quality and Accountability shall have the training and experience
12781278 necessary for the administration of the agency. The Administrator
12791279 shall be appointed by the Governor with the advice and consent of
12801280 the Senate and shall serve at the pleasure of the Governor and may
12811281 be removed or replaced without cause. Compensation for the
12821282 Administrator shall be determined by the Governor. The
12831283 Administrator may be removed from office by a two-thirds (2/3) vote
12841284 of the members elected to and constituting each chamber of the
12851285 Legislature.
12861286 B. The Administrator of the Office of Educational Quality and
12871287 Accountability shall be the chief executive officer of the agency
12881288 and shall act for the agency in all matters except as may be
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13151315 otherwise provided by law. The powers and duties of the
13161316 Administrator shall include but not be limited to:
13171317 1. Supervision of the activities of the agency;
13181318 2. Formulation and recommendation of rules for approval or
13191319 rejection by the Commission for Educational Quality and
13201320 Accountability;
13211321 3. Preparation of the plans, reports and proposals required by
13221322 the Commission for Educational Quality and Accountability, other
13231323 reports as necessary and appropriate, and an annual budget for the
13241324 review and approval of the Commission; and
13251325 4. Employment of such staff as may be necessary to perform the
13261326 duties of the agency.
13271327 SECTION 6. AMENDATORY 70 O.S. 2011, Section 3 -118, as
13281328 last amended by Section 591, Chapter 304, O.S.L. 2012 (70 O.S. Supp.
13291329 2020, Section 3-118), is amended to read as follows:
13301330 Section 3-118. The Secretary of Education shall:
13311331 1. Oversee the Office of Educational Quality and
13321332 Accountability;
13331333 2. Employ necessary personnel according to procedures
13341334 established for the employment of personnel by the Office of
13351335 Management and Enterprise Services;
13361336 3. Monitor the efforts of the public school districts to comply
13371337 with the provisions of this act and of Enrolled Senate Bill No. 183
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13641364 of the 1st Session of the 42nd Oklahoma Legislature which relate to
13651365 common education;
13661366 4. 2. Identify districts not making satisfactory progress
13671367 toward compliance with the provisions and recommend appropriate
13681368 corrective actions to the State Board of Education concerning each
13691369 district so identified;
13701370 5. Have executive responsibility for the Oklahoma Educational
13711371 Indicators Program and the annual report required pursuant to
13721372 Section 1210.531 of this title;
13731373 6. 3. Review and make periodic public comment on the progress
13741374 and effectiveness of th e State Board and State Department of
13751375 Education, the Office of the State Superintendent of Public
13761376 Instruction, other bodies created by this act, and the public
13771377 schools of this state concerning the implementation of the
13781378 provisions of this act and of Enrolle d Senate Bill No. 183 of the
13791379 1st Session of the 42nd Oklahoma Legislature which relate to common
13801380 education;
13811381 7. 4. Analyze the revenues for all systems of education and the
13821382 expenditure of common education revenue, giving close attention to
13831383 expenditures for administrative expenses relating to the common
13841384 schools;
13851385 8. 5. Make reports to the public concerning these matters
13861386 whenever appropriate; and
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14131413 9. 6. Submit recommendations regarding funding for education or
14141414 statutory changes to the Speaker of the House of Representatives,
14151415 the President Pro Tempore of the Senate and the Governor whenever
14161416 appropriate.
14171417 SECTION 7. AMENDATORY 70 O.S. 2011, Section 3 -142, as
14181418 last amended by Section 1, Chapter 122, O.S.L. 2020 (70 O.S. Supp.
14191419 2020, Section 3-142), is amended to read as follows:
14201420 Section 3-142. A. For purposes of funding, a charter school
14211421 sponsored by a board of education of a school district shall be
14221422 considered a site within the school district in which the charter
14231423 school is located. The student membership of the charter school
14241424 shall be considered separate from the student membership of the
14251425 district in which the charter school is located for the purpose of
14261426 calculating weighted average daily membership pursuant to Section
14271427 18-201.1 of this title and State Aid pursuant to Section 18 -200.1 of
14281428 this title. For charter schools sponsored by a board of education
14291429 of a school district, the sum of the separate calculations for the
14301430 charter school and the school district shall be used to determine
14311431 the total State Aid allocation for the district in which the charter
14321432 school is located. A charter school shall receive from the
14331433 sponsoring school district, the State Aid allocation and any other
14341434 state-appropriated revenue generated by its students for the
14351435 applicable year, less up to three percent (3%) of the State Aid
14361436 allocation, which may be retained by the school district as a fee
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14631463 for administrative services rendered. For charter schools sponsored
14641464 by the board of education of a technology center school distr ict, a
14651465 higher education institution, the State Board of Education, or a
14661466 federally recognized Indian tribe and for statewide virtual charter
14671467 schools sponsored by the Statewide Virtual Charter School Board
14681468 Commission for Educational Quality and Accountabilit y, the State Aid
14691469 allocation for the charter school shall be distributed by the State
14701470 Board of Education and not more than three percent (3%) of the State
14711471 Aid allocation may be charged by the sponsor as a fee for
14721472 administrative services rendered. The State Board of Education
14731473 shall determine the policy and procedure for making payments to a
14741474 charter school. The fee for administrative services as authorized
14751475 in this subsection shall only be assessed on the State Aid
14761476 allocation amount and shall not be assessed on any other
14771477 appropriated amounts. A sponsor of a charter school shall not
14781478 retain any additional State Aid allocation or charge the charter
14791479 school any additional fee above the amounts allowed by this
14801480 subsection unless the additional fees are for additiona l services
14811481 rendered. The charter school sponsor shall provide to the State
14821482 Department of Education financial records documenting any state
14831483 funds retained by the sponsor for administrative services rendered
14841484 for the previous year.
14851485 B. 1. The weighted avera ge daily membership for the first year
14861486 of operation of a charter school shall be determined initially by
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15131513 multiplying the actual enrollment of students as of August 1 by
15141514 1.333. The charter school shall receive revenue equal to that which
15151515 would be generated by the estimated weighted average daily
15161516 membership calculated pursuant to this paragraph. At midyear, the
15171517 allocation for the charter school shall be adjusted using the first
15181518 quarter weighted average daily membership for the charter school
15191519 calculated pursuant to subsection A of this section.
15201520 2. For the purpose of calculating weighted average daily
15211521 membership pursuant to Section 18 -201.1 of this title and State Aid
15221522 pursuant to Section 18 -200.1 of this title, the weighted average
15231523 daily membership for the fi rst year of operation and each year
15241524 thereafter of a full -time virtual charter school shall be determined
15251525 by multiplying the actual enrollment of students as of August 1 by
15261526 1.333. The full-time virtual charter school shall receive revenue
15271527 equal to that which would be generated by the estimated weighted
15281528 average daily membership calculated pursuant to this paragraph. At
15291529 midyear, the allocation for the full -time virtual charter school
15301530 shall be adjusted using the first quarter weighted average daily
15311531 membership for the virtual charter school calculated pursuant to
15321532 subsection A of this section.
15331533 C. A charter school shall be eligible to receive any other aid,
15341534 grants or revenues allowed to other schools. A charter school
15351535 sponsored by the board of education of a te chnology center school
15361536 district, a higher education institution, the State Board of
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15631563 Education, or a federally recognized Indian tribe shall be
15641564 considered a local education agency for purposes of funding. A
15651565 charter school sponsored by a board of education of a school
15661566 district shall be considered a local education agency for purposes
15671567 of federal funding.
15681568 D. A charter school, in addition to the money received from the
15691569 state, may receive money from any other source. Any unexpended
15701570 funds may be reserved and us ed for future purposes. The governing
15711571 body of a charter school shall not levy taxes or issue bonds. If
15721572 otherwise allowed by law, the governing body of a charter school may
15731573 enter into private contracts for the purposes of borrowing money
15741574 from lenders. If the governing body of the charter school borrows
15751575 money, the charter school shall be solely responsible for repaying
15761576 the debt, and the state or the sponsor shall not in any way be
15771577 responsible or obligated to repay the debt.
15781578 E. Any charter school which cho oses to lease property shall be
15791579 eligible to receive current government lease rates.
15801580 F. Except as otherwise provided in this subsection, each
15811581 charter school shall pay to the Charter School Closure Reimbursement
15821582 Revolving Fund created in subsection G of thi s section an amount
15831583 equal to Five Dollars ($5.00) per student based on average daily
15841584 membership, as defined by paragraph 2 of Section 18 -107 of this
15851585 title, during the first nine (9) weeks of the school year. Each
15861586 charter school shall complete the payment every school year within
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16131613 thirty (30) days after the first nine (9) weeks of the school year.
16141614 If the Charter School Closure Reimbursement Revolving Fund has a
16151615 balance of One Million Dollars ($1,000,000.00) or more on July 1, no
16161616 payment shall be required th e following school year.
16171617 G. There is hereby created in the State Treasury a revolving
16181618 fund for the State Department of Education to be designated the
16191619 "Charter School Closure Reimbursement Revolving Fund ". The fund
16201620 shall be a continuing fund, not subject to fiscal year limitations,
16211621 and shall consist of all monies received by the State Department of
16221622 Education from charter schools as provided in subsection F of this
16231623 section. All monies accruing to the credit of said fund are hereby
16241624 appropriated and may be b udgeted and expended by the State
16251625 Department of Education for the purpose of reimbursing charter
16261626 school sponsors for costs incurred due to the closure of a charter
16271627 school. Expenditures from said fund shall be made upon warrants
16281628 issued by the State Treasur er against claims filed as prescribed by
16291629 law with the Director of the Office of Management and Enterprise
16301630 Services for approval and payment. The State Department of
16311631 Education may promulgate rules regarding sponsor eligibility for
16321632 reimbursement.
16331633 SECTION 8. AMENDATORY Section 5, Chapter 367, O.S.L.
16341634 2012, as last amended by Section 2, Chapter 27, O.S.L. 2020 (70 O.S.
16351635 Supp. 2020, Section 3 -145.3), is amended to read as follows:
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16621662 Section 3-145.3 A. Subject to the requirements of the O klahoma
16631663 Charter Schools Act, the Statewide Virtual Charter School Board
16641664 Commission for Educational Quality and Accountability shall:
16651665 1. Provide oversight of the operations of statewide virtual
16661666 charter schools in this state;
16671667 2. Establish a procedure for a ccepting, approving and
16681668 disapproving statewide virtual charter school applications and a
16691669 process for renewal or revocation of approved charter school
16701670 contracts which minimally meet the procedures set forth in the
16711671 Oklahoma Charter Schools Act;
16721672 3. Make publicly available a list of supplemental online
16731673 courses which have been reviewed and certified by the Statewide
16741674 Virtual Charter School Board Commission for Educational Quality and
16751675 Accountability to ensure that the courses are high quality options
16761676 and are aligned with the subject matter standards adopted by the
16771677 State Board of Education pursuant to Section 11 -103.6 of this title.
16781678 The Statewide Virtual Charter School Board Commission for
16791679 Educational Quality and Accountability shall give special emphasis
16801680 on listing supplemental online courses in science, technology,
16811681 engineering and math (STEM), foreign language and advanced placement
16821682 courses. School districts shall not be limited to selecting
16831683 supplemental online courses that have been reviewed and certified by
16841684 the Statewide Virtual Charter School Board Commission for
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17111711 Educational Quality and Accountability and listed as provided for in
17121712 this paragraph; and
17131713 4. In conjunction with the Office of Management and Enterprise
17141714 Services, negotiate and enter into contracts wi th supplemental
17151715 online course providers to offer a state rate price to school
17161716 districts for supplemental online courses that have been reviewed
17171717 and certified by the Statewide Virtual Charter School Board
17181718 Commission for Educational Quality and Accountabilit y and listed as
17191719 provided for in paragraph 3 of this subsection.
17201720 B. Each statewide virtual charter school which has been
17211721 approved and sponsored by the Board Commission or any virtual
17221722 charter school for which the Board Commission has assumed
17231723 sponsorship of as provided for in Section 3 -145.5 of this title
17241724 shall be considered a statewide virtual charter school and, except
17251725 as provided in subsection H of this section, the geographic
17261726 boundaries of each statewide virtual charter school shall be the
17271727 borders of the state.
17281728 C. Each statewide virtual charter school approved by the
17291729 Statewide Virtual Charter School Board Commission for Educational
17301730 Quality and Accountability shall be eligible to receive federal
17311731 funds generated by students enrolled in the charter school fo r the
17321732 applicable year. Each statewide virtual charter school shall be
17331733 considered a separate local education agency for purposes of
17341734 reporting and accountability.
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17611761 D. As calculated as provided for in Section 3 -142 of this
17621762 title, a statewide virtual charter school shall receive the State
17631763 Aid allocation and any other state -appropriated revenue generated by
17641764 students enrolled in the virtual charter school for the applicable
17651765 year, less up to five percent (5%) of the State Aid allocation,
17661766 which may be retained by the Statewide Virtual Charter School Board
17671767 Commission for Educational Quality and Accountability for
17681768 administrative expenses and to support the mission of the Board
17691769 Commission. A statewide virtual charter school shall be eligible
17701770 for any other funding any other charter school is eligible for as
17711771 provided for in Section 3 -142 of this title. Each statewide virtual
17721772 charter school shall be considered a separate local education agency
17731773 for purposes of reporting and accountability.
17741774 E. A virtual charter school sh all be subject to the same
17751775 reporting requirements, financial audits, audit procedures and audit
17761776 requirements as a school district. The State Department of
17771777 Education or State Auditor and Inspector may conduct financial,
17781778 program or compliance audits. A vir tual charter school shall use
17791779 the Oklahoma Cost Accounting System (OCAS) to report financial
17801780 transactions to the State Department of Education.
17811781 F. A virtual charter school governing body shall be responsible
17821782 for the policies that govern the operational de cisions of the
17831783 virtual charter school. The governing body of a virtual charter
17841784 school shall be subject to the same conflict of interest
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18111811 requirements as a member of a local school board including, but not
18121812 limited to, Sections 5 -113 and 5-124 of this title. Members
18131813 appointed to the governing body of a virtual charter school after
18141814 July 1, 2019, shall be subject to the same instruction and
18151815 continuing education requirements as a member of a local school
18161816 board and pursuant to Section 5 -110 of this title, comple te twelve
18171817 (12) hours of instruction within fifteen (15) months of appointment
18181818 to the governing body, and pursuant to Section 5 -110.1 of this
18191819 title, attend continuing education.
18201820 G. Students enrolled full -time in a statewide virtual charter
18211821 school sponsored by the Statewide Virtual Charter School Board
18221822 Commission for Educational Quality and Accountability shall not be
18231823 authorized to participate in any activities administered by the
18241824 Oklahoma Secondary Schools Activities Association. However, the
18251825 students may participate in intramural activities sponsored by a
18261826 statewide virtual charter school, an online provider for the charter
18271827 school or any other outside organization.
18281828 H. 1. Beginning with the 2021 -2022 school year, public school
18291829 students who wish to enroll i n a virtual charter school shall be
18301830 considered a transfer student from their resident school district.
18311831 A virtual charter school shall pre -enroll any public school student
18321832 whose parent expresses intent to enroll in the district. Upon pre -
18331833 enrollment, the State Department of Education shall initiate a
18341834 transfer on a form to be completed by the receiving virtual charter
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18611861 school. Upon approval of the receiving virtual charter school, the
18621862 student may begin instructional activities. Upon notice that a
18631863 public school student has transferred to a virtual charter school,
18641864 the resident school district shall transmit the student 's records
18651865 within three (3) school days.
18661866 2. The State Department of Education shall notify the
18671867 Legislature and Governor if it determines that t he information
18681868 technology infrastructure necessary to process the transfer of
18691869 students to a virtual charter school is inadequate and one (1)
18701870 additional school year is needed for implementation.
18711871 3. A public school student may transfer to one statewide
18721872 virtual charter school at any time during a school year. For
18731873 purposes of this subsection, "school year" shall mean July 1 through
18741874 the following June 30. After one statewide virtual charter school
18751875 transfer during a school year, no public school student shall be
18761876 permitted to transfer to any other statewide virtual charter school
18771877 without the concurrence of both the resident school district and the
18781878 receiving virtual charter school. A student shall have a grace
18791879 period of fifteen (15) school days from the first da y of enrollment
18801880 in a statewide virtual charter school to withdraw without academic
18811881 penalty and shall continue to have the option of one virtual charter
18821882 school transfer without the concurrence of both districts during
18831883 that same school year. A statewide vir tual charter school student
18841884 that has utilized the allowable one transfer pursuant to this
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19111911 subsection shall not be permitted to transfer to another district or
19121912 other statewide virtual charter school without first notifying his
19131913 or her resident district and i nitiating a new transfer. Upon
19141914 cancellation of a transfer the virtual charter school shall transmit
19151915 the student's records to the student 's new school district within
19161916 three (3) school days. Students enrolled in a statewide virtual
19171917 charter school shall not be required to submit a virtual charter
19181918 transfer for consecutive years of enrollment. Any student enrolled
19191919 in a statewide virtual charter school the year prior to the
19201920 implementation of this section shall not be required to submit a
19211921 transfer in order to r emain enrolled.
19221922 4. For purposes of this subsection, "parent" shall mean the
19231923 parent of the student or person having custody of the student as
19241924 provided for in paragraph 1 of subsection A of Section 1 -113 of this
19251925 title.
19261926 I. A virtual charter school shall not accept or deny a transfer
19271927 based on ethnicity, national origin, gender, income level, disabling
19281928 condition, proficiency in the English language, measure of
19291929 achievement, aptitude or athletic ability.
19301930 J. The decision of the Statewide Virtual Charter School B oard
19311931 to deny, nonrenew or terminate the charter contract of a statewide
19321932 virtual charter school may be appealed to the State Board of
19331933 Education within thirty (30) days of the decision by the Statewide
19341934 Virtual Charter School Board. The State Board of Educat ion shall
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19611961 act on the appeal within sixty (60) days of receipt of the request
19621962 from the statewide virtual charter school applicant. The State
19631963 Board of Education may reverse the decision of the Statewide Virtual
19641964 Charter School Board or may remand the matter back to the Statewide
19651965 Virtual Charter School Board for further proceeding as directed.
19661966 SECTION 9. AMENDATORY Section 7, Chapter 367, O.S.L.
19671967 2012, as amended by Section 7, Chapter 212, O.S.L. 2013 (70 O.S.
19681968 Supp. 2020, Section 3-145.5), is amended to read as follows:
19691969 Section 3-145.5 A. Notwithstanding any other provision of law,
19701970 beginning July 1, 2014, no school district shall offer full -time
19711971 virtual education to students who are not residents of the school
19721972 district or enter into a virtual charter school contract with a
19731973 provider to provide full -time virtual education to students who do
19741974 not reside within the school district boundaries.
19751975 B. Effective July 1, 2014, the Statewide Virtual Charter School
19761976 Board Commission for Educational Q uality and Accountability shall
19771977 succeed to any contractual rights and responsibilities incurred by a
19781978 school district in a virtual charter school contract executed prior
19791979 to January 1, 2014, with a provider to provide full -time virtual
19801980 education to students who do not reside within the school district
19811981 boundaries. All property, equipment, supplies, records, assets,
19821982 current and future liability, encumbrances, obligations and
19831983 indebtedness associated with the contract shall be transferred to
19841984 the Statewide Virtual Charter School Board Commission for
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20112011 Educational Quality and Accountability . Appropriate conveyances and
20122012 other documents shall be executed to effectuate the transfer of any
20132013 property associated with the contract. Upon succession of the
20142014 contract, the Board Commission shall assume sponsorship of the
20152015 virtual charter school for the remainder of the term of the
20162016 contract. Prior to the end of the current term of the contract, the
20172017 Board Commission shall allow the provider of the virtual charter
20182018 school to apply for renewal of the contract with the Board
20192019 Commission in accordance with the renewal procedures established
20202020 pursuant to Section 3 -145.3 of this title.
20212021 SECTION 10. AMENDATORY Section 1, Chapter 225 , O.S.L.
20222022 2015 (70 O.S. Supp. 2020 , Section 3-145.7), is amended to read as
20232023 follows:
20242024 Section 3-145.7 There is hereby created in the State Treasury a
20252025 revolving fund for the Statewide Virtual Charter School Board
20262026 Commission for Educational Quality and Accountability to be
20272027 designated the "Statewide Virtual Charter School B oard Commission
20282028 for Educational Quality and Accountability Revolving Fund". The
20292029 fund shall be a continuing fund, not subject to fiscal year
20302030 limitations, and shall consist of all monies received by the
20312031 Statewide Virtual Charter School Board Commission from State Aid
20322032 pursuant to Section 3 -145.3 of Title 70 of the Oklahoma Statutes
20332033 this title or any other state appropriation. All monies accruing to
20342034 the credit of the fund are hereby appropriated and may be budgeted
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20612061 and expended by the Statewide Virtual Charter School Board
20622062 Commission for the purpose of supporting the mission of the
20632063 Statewide Virtual Charter School Board Commission for Educational
20642064 Quality and Accountability . Expenditures from the fund shall be
20652065 made upon warrants is sued by the State Treasurer against claims
20662066 filed as prescribed by law with the Director of the Office of
20672067 Management and Enterprise Services for approval and payment.
20682068 SECTION 11. AMENDATORY Section 1, Chapter 247, O.S.L.
20692069 2017, as amended by Section 3, Chapter 27, O.S.L. 2020 (70 O.S.
20702070 Supp. 2020, Section 3 -145.8), is amended to read as follows:
20712071 Section 3-145.8 A. It shall be the duty of each virtual
20722072 charter school approved and sponsored by the Statewide Virtual
20732073 Charter School Board Commission for Educational Quality and
20742074 Accountability pursuant to the provisions of Section 3 -145.3 of
20752075 Title 70 of the Oklahoma Statutes this title to keep a full and
20762076 complete record of the attendance of all students enrolled in the
20772077 virtual charter school in one of the student information systems
20782078 approved by the State Department of Education and locally selected
20792079 by the virtual school from the approved list.
20802080 B. By July 1, 2020, the governing body of each virtual charter
20812081 school shall adopt an attendance poli cy. The policy may allow
20822082 attendance to be a proportional amount of the required attendance
20832083 policy provisions based upon the date of enrollment of the student.
20842084 The attendance policy shall include the following provisions:
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21112111 1. The first date of attendance and membership shall be the
21122112 first date the student completes an instructional activity.
21132113 2. A student who attends a virtual charter school shall be
21142114 considered in attendance for a quarter if the student:
21152115 a. completes instructional activities on no less than
21162116 ninety percent (90%) of the days within the quarter,
21172117 b. is on pace for on-time completion of the course as
21182118 defined by the governing board of the virtual charter
21192119 school, or
21202120 c. completes no less than seventy -two instructional
21212121 activities within the quarter o f the academic year.
21222122 3. For a student who does not meet any of the criteria set
21232123 forth in paragraph 1 or 2 of this subsection, the amount of
21242124 attendance recorded shall be the greater of:
21252125 a. the number of school days during which the student
21262126 completed the instructional activities during the
21272127 quarter,
21282128 b. the number of school days proportional to the
21292129 percentage of the course that has been completed, or
21302130 c. the number of school days proportional to the
21312131 percentage of the required minimum number of completed
21322132 instructional activities during the quarter.
21332133 C. For the purposes of this section, "instructional activities "
21342134 shall include instructional meetings with a teacher, completed
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21612161 assignments that are used to record a grade for a student that is
21622162 factored into the studen t's grade for the semester during which the
21632163 assignment is completed, testing and school -sanctioned field trips,
21642164 and orientation.
21652165 D. Each statewide virtual charter school approved and sponsored
21662166 by the Statewide Virtual Charter School Board Commission for
21672167 Educational Quality and Accountability pursuant to the provisions of
21682168 Section 3-145.3 of this title shall offer a student orientation,
21692169 notify the parent or legal guardian and each student who enrolls in
21702170 that school of the requirement to participate in the st udent
21712171 orientation, and require all students enrolled to complete the
21722172 student orientation prior to completing any other instructional
21732173 activity. The Statewide Virtual Charter School Board Commission for
21742174 Educational Quality and Accountability shall promulgate rules to
21752175 develop materials for orientation.
21762176 E. Any student that is behind pace and does not complete an
21772177 instructional activity for a fifteen -school-day period shall be
21782178 withdrawn for truancy. The virtual charter school shall submit a
21792179 notification to the parent or legal guardian of a student who has
21802180 been withdrawn for truancy or is approaching truancy.
21812181 F. A student who is reported for truancy two times in the same
21822182 school year shall be withdrawn and prohibited from enrolling in the
21832183 same virtual charter sc hool for the remainder of the school year.
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22102210 G. The governing body of each statewide virtual charter school
22112211 shall develop, adopt and post on the school 's website a policy
22122212 regarding consequences for a student 's failure to attend school and
22132213 complete instructional activities. The policy shall state, at a
22142214 minimum, that if a student fails to consistently attend school and
22152215 complete instructional activities after receiving a notification
22162216 pursuant to subsection E of this section and reasonable intervention
22172217 strategies have been implemented, a student shall be subject to
22182218 certain consequences including withdrawal from the school for
22192219 truancy.
22202220 H. If a statewide virtual charter school withdraws a student
22212221 pursuant to subsections F and G of this section, the virtual charte r
22222222 school shall immediately notify the student 's resident district in
22232223 writing of the student 's disenrollment.
22242224 I. The provisions of subsections F, G and H of this section
22252225 shall not be in effect until the implementation of subsection H of
22262226 Section 3-145.3 of this title.
22272227 J. The Statewide Virtual Charter School Board Commission for
22282228 Educational Quality and Accountability may promulgate rules to
22292229 implement the provisions of this section.
22302230 SECTION 12. AMENDATORY 70 O.S. 2011, Section 1210.53 1,
22312231 as amended by Section 14, Chapter 223 , O.S.L. 2012 (70 O.S. Supp.
22322232 2020, Section 1210.531), is amended to read as follows:
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22592259 Section 1210.531 A. The Commission for Educational Quality and
22602260 Accountability shall establish an Oklahoma Educational Indicators
22612261 Program. The purpose of the Program shall be to develop and
22622262 implement a system of measures whereby the performance of public
22632263 schools and school districts is assessed and reported without undue
22642264 reliance upon any single type of indicator, and whereby the pu blic,
22652265 including students and parents, may be made aware of the proper
22662266 meaning and use of any tests administered under the Oklahoma School
22672267 Testing Program Act, relative accomplishments of the public schools,
22682268 and of progress being achieved. The Commission s hall involve
22692269 representatives of school teachers and of school administrators in
22702270 the development of the Program. The Program shall be so designed
22712271 that use of standardized definitions and measures and opportunities
22722272 for coordination with national reports, in cluding those of the
22732273 National Assessment of Educational Progress, are maximized.
22742274 B. The Oklahoma Educational Indicators Program shall present
22752275 information for comparisons of graduation rates, dropout rates,
22762276 pupil-teacher ratios, student enrollment gain and loss rates, and
22772277 test results in the contexts of socioeconomic status and the
22782278 finances of school districts. Information shall be provided
22792279 individually for all public school sites and school districts in a
22802280 format that facilitates comparisons. As necessary data become
22812281 available, comparisons shall also be provided individually for all
22822282 schools and school districts on a historical basis. Reports of all
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23092309 tests administered pursuant to the Oklahoma School Testing Program
23102310 Act shall be a part of the Oklahoma Educa tional Indicators Program
23112311 and shall be provided for each grade and each test subject or set of
23122312 competencies. Test results for students enrolled in Internet -based
23132313 courses, including regularly enrolled and alternative education
23142314 students, shall be disaggrega ted and reported. The Commission for
23152315 Educational Quality and Accountability shall seek to develop and
23162316 incorporate additional indicators of comparative standing and
23172317 accomplishment.
23182318 C. Additionally, the Commission for Educational Quality and
23192319 Accountability, with the cooperation of the State Department of
23202320 Education, the Oklahoma State Regents for Higher Education, and the
23212321 State Board of Career and Technology Education, shall develop
23222322 procedures for obtaining and reporting data to the high schools and
23232323 to the general public regarding the performance of each high
23242324 school's graduates in Oklahoma 's institutions of higher education
23252325 and in postsecondary vocational -technical education. The Commission
23262326 for Educational Quality and Accountability shall include such data
23272327 in the report of the Oklahoma Educational Indicators Program. The
23282328 State Department of Education shall make all its data available to
23292329 the Office of Educational Quality and Accountability annually.
23302330 D. By February 1 of each year the Commission for Educationa l
23312331 Quality and Accountability shall publish:
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23582358 1. A summary report to the people and Legislature of Oklahoma
23592359 of the information provided by the Oklahoma Educational Indicators
23602360 Program; and
23612361 2. State, district, and site level reports which shall include
23622362 the percentage of students who perform at the various levels on the
23632363 tests required by the Oklahoma State Testing Program.
23642364 Immediately following the publication of the reports required in
23652365 this subsection each year, all data gathered pursuant to the
23662366 Oklahoma Educational Indicators Program shall be made available for
23672367 public inspection at the Office of Educational Quality and
23682368 Accountability. The confidentiality of individual student and
23692369 personnel records shall be preserved as required by law.
23702370 SECTION 13. AMENDATORY Section 1, Chapter 86, O.S.L.
23712371 2020 (70 O.S. Supp. 2020, Section 1210.704), is amended to read as
23722372 follows:
23732373 Section 1210.704 A. Beginning with the 2024 –2025 school year,
23742374 all public high schools in this state shall make a minimum o f four
23752375 advanced placement courses available to students.
23762376 B. Local boards of education in each district shall be
23772377 responsible for ensuring annually that all high school students have
23782378 access to advanced placement courses beginning in the 2024 -2025
23792379 school year. Such access may be provided through enrollment in
23802380 courses offered through:
23812381 1. A school site or sites within the district;
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24082408 2. A career and technology institution within the district;
24092409 3. A program offered by the Statewide Virtual Charter School
24102410 Board Commission for Educational Quality and Accountability or one
24112411 of its vendors; or
24122412 4. A school site or sites in another school district.
24132413 C. The Statewide Virtual Charter School Board Commission for
24142414 Educational Quality and Accountability shall maintain an on line
24152415 learning platform to provide high quality online learning
24162416 opportunities for Oklahoma students that are aligned with the
24172417 subject matter standards adopted by the State Board of Education
24182418 pursuant to Section 11 -103.6 of Title 70 of the Oklahoma Statutes
24192419 this title. The Board shall implement online courses, with an
24202420 emphasis on science, technology, engineering, and math (STEM)
24212421 courses, foreign language courses and advanced placement courses.
24222422 The online platform shall be available to all Oklahoma school
24232423 districts.
24242424 D. The State Department of Education shall provide information
24252425 to all local boards of education, to be distributed to their
24262426 students and parents, on available opportunities and the enrollment
24272427 process for students to take advanced placement course s. The
24282428 information shall explain the value of advanced placement courses in
24292429 preparing students for postsecondary -level coursework, enabling
24302430 students to gain access to postsecondary opportunities, and
24312431 qualifying for scholarships and other financial aid opp ortunities.
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24582458 E. The State Department of Education shall retain records of
24592459 which options outlined in subsection B of this section local boards
24602460 of education selected for their students and make the information
24612461 available on the Department 's website.
24622462 F. As used in this section, "advanced placement course " shall
24632463 have the same meaning as provided in paragraph 1 of Section 1210.702
24642464 of Title 70 of the Oklahoma Statutes this title.
24652465 SECTION 14. REPEALER Section 3, Chapter 367, O.S.L.
24662466 2012, as amended by Section 4, Chapter 212, O.S.L. 2013, Section 4,
24672467 Chapter 367, O.S.L. 2012 and Section 6, Chapter 367, O.S.L. 2012, as
24682468 amended by Section 6, Chapter 212, O.S.L. 2013 (70 O.S. Supp. 2020 ,
24692469 Sections 3-145.1, 3-145.2 and 3-145.4), are hereby repeale d.
24702470 SECTION 15. It being immediately necessary for the preservation
24712471 of the public peace, health or safety, an emergency is hereby
24722472 declared to exist, by reason whereof this act shall take effect and
24732473 be in full force from and after its passa ge and approval.
24742474
24752475 58-1-5669 EK 12/30/20