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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3545 By: Caldwell (Chad)
COMMITTEE SUBSTITUTE
An Act relating to charter schools; creating the
Statewide Charter School Board; providing authority
of board beginning on certain date; p roviding for
membership; requiring appointments by certain date;
providing terms of members; providing for election of
chair and vice-chair; allowing a member to be removed
for certain reasons; providing for filling of
vacancies; providing for travel reimbursement ;
requiring first meeting to be held by certain d ate;
providing for frequency of meetings; specifying
quorum; directing certain schools to only be
sponsored by the Statewide Charter Sch ool Board
beginning on certain date; providing for succes sion
to certain rights and responsibilities executed prior
to certain date; providing powers and duties of the
Statewide Charter School Board beginning on certain
date; providing definitions; requiring the Board to
make publicly available a list of certain courses
beginning on certain date; allowing the Board in
certain cases to negotiate and enter into contracts
with certain providers; creating the Statewide
Charter School Board Revolving Fund; specifying
sources of fund; providing for expenditures;
providing purpose of fund; amending 70 O.S. 2021,
Section 3-104, which relates to powers and duties of
the State Board of Education; updating s tatutory
references; modifying refere nce from the Statewide
Virtual Charter School Board to the Statewide Charter
School Board; amending 70 O.S. 2021, Sections 3-134,
3-136, 3-137, 3-139, 3-140, 3-142, 3-143, and 3-144,
which relate to implementation of the Oklahoma
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Charter Schools Act; modifying reference from the
State Department of Education to the Statewide
Charter School Board as the provider of certain
training; modifying application process for c ertain
schools; removing references to charter schools
sponsored by certain entities; provid ing for powers
and duties of the Statewide Charter School Board
beginning on certain date; modifying contents of
certain written contract s beginning on certain date;
prohibiting certain schools from entering into
certain employment contract under certain
circumstances; providing for contents of employment
contract; requiring disclosure of employment rights;
prohibiting certain schools fro m serving certain
students without certain contract; updating
references; removing outdated language; prohibiting
the Statewide Charter School Board from charging a
fee for administrative or other services; updating
language regarding submission of certain annual
report; modifying authority over the Charter Schools
Incentive Fund; amending 70 O.S. 2021, Sections 3-
145.5, 3-145.7, and 3-145.8, which relate to
statewide virtual charter schools; removing outdated
language; updating references; directing the
Statewide Virtual Charter School Board to ha ve
authority over certain revolving fund until ce rtain
date; requiring the tran sfer of certain funds to
certain revolving fund on certain date ; amending 70
O.S. 2021, Section 1210.704, which relates to the
provision of advanced placement courses; updating
references; updating st atutory reference; repeali ng
70 O.S. 2021, Sections 3-132, 3-135, 3-145.1, 3-
145.2, 3-145.3, and 3-145.4, which relate to sponsor
contract guidelines and meetings and rule
promulgation of the Statewide Virtual Charter School
Board; providing for codification; providing
effective dates; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-132.1 of Title 70, unless
there is created a duplication in numb ering, reads as follows:
A. There is hereby created the Statewide Charter Schoo l Board.
Beginning July 1, 2023, t he Board shall have the sole authority to
authorize and sponsor charter schools and statewide virtual charter
schools in this state. The Bo ard shall be composed of fifteen (15)
members as follows:
1. The State Superintendent of Public Instruction, or his or
her designee;
2. Six members of the public appointed by the Governor , at
least two of whom shall reside in a sc hool district where at least
sixty percent (60%) of the children who attend school in the
district meet the eligibility requirements established by the
National School Lunch Act and Child Nutrition Act for free and
reduced-cost lunches, and at least one of whom shall reside on
federally recognized Indian tribal land;
3. Two members of the business community , appointed by the
Governor;
4. A teacher who provides classroom instruction at a charter
school or statewide virtual charter school, appointed by the
Governor;
5. An operator of a charter school or statewide virtual charter
school, appointed by the Governor; and
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6. Four members of the Oklahoma Legislature who shall serve as
nonvoting, advisory members, two appointed each by the President Pro
Tempore of the Oklahoma State Senate and the Speaker of the Oklahoma
House of Representatives.
B. Initial appointments shall be made by August 31, 2022.
Members appointed by the President Pro Tempore of the Oklahoma State
Senate and the Speaker of the Oklahoma House of Representatives
shall serve two-year terms. Members appointed by the Governor shall
serve four-year terms. Appointments shall be made by and take
effect on July 31 of the year in which th e appointment is made. No
later than December 30 annually the Board shall elect from its
membership a chair and vice-chair.
C. A member may be removed from the B oard by the appointing
authority for cause which shall include, but not be lim ited to:
1. Being found guilty by a court of competent j urisdiction of a
felony or any offense involving moral turpitude;
2. Being found guilty of malfeasance, misfeasance , or
nonfeasance in relation to Board duties;
3. Being found mentally incompetent b y a court of competent
jurisdiction; or
4. Failing to attend three successive meetings of the Board
without just cause, as det ermined by the Board.
D. Vacancies shall be fille d by the appointing authority.
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E. Members of the Statewide Charter School Board shall not
receive compensation but shall be reimbursed for nec essary travel
expenses pursuant to the provisions of the State Travel
Reimbursement Act.
F. The Statewide Charter School Board shall meet at the call of
the chair. The first meeting of the Board shall be held no later
than sixty (60) days after the effective date of this section.
G. Seven members of the Board sh all constitute a quorum, and an
affirmative vote of at l east seven members shall be required for th e
Board to take any final action.
H. Beginning July 1, 2023, charter schools and statewide
virtual charter schools shall be sponsored on ly by the Statewide
Charter School Board created pursuant to this section. Effective
July 1, 2023, the Statewide Charter School Board shall succeed to
any contractual rights and responsibilities incurred by the
Statewide Virtual Charter School Board in a statewide virtual
charter school sponsorship contract executed prior to July 1, 2023,
and shall succeed to any contractual rights and responsibilities
incurred by a school district, a technology center school distri ct,
an accredited comprehensive or regional institution that is a member
of The Oklahoma State System of H igher Education, a community
college, a federally recognized Ind ian tribe, or the State Board of
Education in a charter school sponsorship contract ex ecuted prior to
July 1, 2023. All property, equipment, supplies, records, assets,
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current and future liabilities, encumbrances, obligations, and
indebtedness associated with a statewide virtual charter school or
charter school sponsorship contract shall be transfer red to the
Statewide Charter School Board. Appropriate conveyances and other
documents shall be executed to effectuate the transfer of property
associated with a sponsor ship contract. Upon succession of
sponsorship contracts, the Statewide Charter School Board shall
assume sponsorship of the statewide virtual charter schools and
charter schools for the remainder of the term of the contracts.
Prior to the end of the current term of the contract, the Statewide
Charter School Board shall allow a charter school to apply for
renewal of the sponsorship contract in accordance with the renewal
procedures established pursuant to Section 3-137 of Title 70 of the
Oklahoma Statutes.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-132.2 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Beginning July 1, 2023, and subject to the requirements of
the Oklahoma Charter Schools Act, the Statewide Charter School Board
shall:
1. Provide general supervision and oversight of the operations
of charter schools and statewide virtual charter schools in this
state, recommend legislation pertaining to charter schools to the
Oklahoma Legislature, and promulgate rules and policies th at the
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Board deems necessary to accomplish the purposes prescribed in this
section;
2. Establish a procedure for accepting, approving, and
disapproving charter school and statewide virtual charter school
applications and a process for renewal or revocatio n of approved
charter contracts which minimally meet th e procedures set forth in
the Oklahoma Charter Schools Act;
3. Hire an executive director an d other staff for its
operation;
4. Prepare a budget for expenditures necessary for the proper
maintenance of the Board and accomplishmen t of its purpose; and
5. Comply with the requirements of the Oklahoma Open Meeting
Act and Oklahoma Open Records Act .
B. 1. For purposes of the Oklahoma Charter Schools Act,
"charter school" means:
a. prior to July 1, 2023, a public school establish ed by
contract with a school district board of education, a
technology center school district, a higher education
institution, a federally recognized Indian tribe, or
the State Board of Education, and
b. on July 1, 2023, and after , a public school
established by contract with the Statewide Charter
School Board,
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to provide learning that will improve student achievement
and as defined in the Elementary and Secondary Education
Act of 1965, 20 U.S.C. , Section 8065.
2. A charter school may consist of a new school s ite, new
school sites, or all or any portion of an existing school site. An
entire school district shall not be a charter school site.
C. 1. For purposes of the Oklahoma Charter Schools A ct,
"conversion school" means a school created by converting all or any
part of a traditional public school in order to access any or all
flexibilities afforded to a charter school ; provided, however, all
or any part of a traditional public school may not be converted to a
statewide virtual charter school.
2. Prior to the board of education of a school district
converting all or any part of a traditional public school to a
conversion school, the board sh all prepare a conversion plan. The
conversion plan shall include documentation that demonstrates and
complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134
of Title 70 of the Oklahoma Statutes. The conversion plan and all
documents shall be in writing a nd shall be available to the public
pursuant to the requirements of the Oklahoma Open Records Act. All
votes by the board of education of a school district to approve a
conversion plan shall be held in an open public session. If the
board of education of a school district votes to approve a
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conversion plan, the board shall notify the State Board of Education
within sixty (60) days after the vote. The notification shall
include a copy of the minutes for the board meeting at which the
conversion plan was a pproved.
3. A conversion school shall c omply with all the same
accountability measures as are required of a charte r school as
defined in subsection B of this section. The prov isions of Sections
3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply
to a conversion school. Conver sion schools shall comply with the
same laws and State Board of Education r ules relating to student
enrollment which apply to traditional public schools. Conversion
schools shall be funded by the board of education of the school
district as a school site within the school district and funding
shall not be affected by the convers ion of the school.
4. The board of education of a school dist rict may vote to
revert a conversion school back to a traditional public school at
any time; provided, the change shall only occur during a break
between school years.
5. Unless otherwise provi ded for in this subsection, a
conversion school shall retain t he characteristics of a traditional
public school.
D. 1. Beginning July 1, 20 23, the Statewide Charter School
Board shall make publicly available a list of supplemental online
courses which have been reviewed and certified by the Board to
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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 Title 70 of the Oklahoma
Statutes. The Statewide Charter School Board shall give special
emphasis on listing supplemental online courses in science,
technology, engineering, and math (STEM), foreign language, and
advanced placement courses. School districts shall not be limited
to selecting supplemental online courses that have been reviewed and
certified by the Statewide Charter School Board and listed as
provided for in this paragraph.
2. In conjunction with the Office of Management and Enterprise
Services, the Board shall negotiate and enter into contracts with
supplemental online course providers t o offer a state rate price to
school districts for supplemental online courses that have been
reviewed and certified by the Statewide Charter School Board and
listed as provided in paragraph 1 of this subsection.
SECTION 3. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 3-132.3 of Title 70, unless
there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Statewide Charter School Board to be designated the
"Statewide Charter School Board Revolving Fund". The fund shall be
a continuing fund, no t subject to fiscal y ear limitations, and shall
consist of all monies received by the Statewide Charter School Board
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from state appropriations. All monies accruing to the credit o f the
fund are hereby appropriated and may be budgeted and expended by the
Statewide Charter Scho ol Board for the purposes set forth in Section
2 of this act. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against cla ims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
SECTION 4. AMENDATORY 70 O.S. 2021, Section 3-104, is
amended to read as follows:
Section 3-104. A. The supervision of the public school system
of Oklahoma shall be vested in the State 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 compensation of a
secretary, an attorney, and all other personnel necessary for the
proper performance of the funct ions of the State Board of Education.
The secretary shall not be a member of the Board;
3. Submit to the Governor a departmental bud get based upon
major functions of the Department as prepared by the State
Superintendent of Public Instruction and support ed by detailed data
on needs and proposed o perations as partially determined by the
budgetary needs of local school districts filed wi th the State Board
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of Education for the ensuing fiscal year. Appropriations therefor
shall be made in lump-sum form for each major item in the budget as
follows:
a. State Aid to schools,
b. the supervision of all other functions of general and
special education including general control, free
textbooks, school lunch, Indian education, and all
other functions of the Board and an amount sufficient
to adequately staff an d 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 functio ns 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 immed iately
preceding the regular session of the Legislature. The report shall
contain:
a. detailed statistics and other infor mation concerning
enrollment, attendance, e xpenditures including State
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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
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 pas t 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 formul ation 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
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certificates for superintendents of scho ols, principals,
supervisors, librarians, clerical employees, school nurses, school
bus drivers, visiting teachers, classroom teachers, and for other
personnel performing instructional, ad ministrative, and supervisory
services, but not including members of b oards 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 E ducation shall not issue a
certificate to and shall revoke the certi ficate of any
person who has been convicted, whether upon a verdict
or plea of guilty or upo n a plea of nolo contendere,
or received a suspended sentence or any probationary
term for a crime or an attempt to comm it a crime
provided for in Section 843.5 of Title 21 of the
Oklahoma Statutes if the offense involved sexual abuse
or sexual exploitatio n as those terms are defined in
Section 1-1-105 of Title 10A of the Oklahoma Statutes,
Section 741, 843.1, if the offens e included sexual
abuse or sexual exploitation, 865 et seq., 885, 888,
891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
1111.1, 1114 or 1123 of Title 21 of the Oklahoma
Statutes or who enters this state and who has been
convicted, received a suspended sent ence, or received
a deferred judgment for a crime or attempted crime
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which, if committed or attempted in this state, would
be a crime or an attempt to commit a crime provided
for in any of said laws,
b. all funds collected by the State Department of
Education for the issuance of certificate s 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 th e State
Department of Education necessary to admin ister the
program, for consultative services, publication costs,
actual and necessary travel expenses as provided in
the State Travel Reimbursement Act incurred by pe rsons
performing research work, and othe r expenses found
necessary by the State Board of E ducation for the
improvement of the preparati on and certification of
teachers in Oklahoma. Provided, any unobligated
balance in the Teachers' Certificate Fund in exc ess of
Ten Thousand Dollars ($10,000.00) on June 30 of any
fiscal year shall be transferre d to the General
Revenue Fund of the State of Oklahoma this state.
Until July 1, 1997, the State Board of Education shall
have authority for approval of teacher education
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programs. The State Board of Education shall also
have authority for the administration of te acher
residency and professional develop ment, subject to the
provisions of the Oklahoma Teacher Preparation Act;
7. Promulgate rules govern ing 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 hospit alization programs, day treatment pro grams,
and day hospital progr ams as defined in this act for persons between
the ages of three (3) and twenty-one (21) years of age in the state.
However, no school shall be denied accreditation solely on the basis
of average daily attendance.
Any school district which maintains an e lementary school and
faces the necessity of reloc ating its school facilities because of
construction of a lake, either by state or federal authority, which
will inundate the school facilities , shall be entitled to receive
probationary accreditation from th e State Board of Education for a
period of five (5) years after the effective date of thi s act and
any school district, otherwise qualified, shall be entitled to
receive probationary accredit ation from the State Board of Educati on
for a period of two (2) c onsecutive years to attain the minimum
average daily attendance. The Head Start and publ ic nurseries or
kindergartens operated from Community Action Program funds shall not
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be subjected to the accrediting rules of the State Boa rd of
Education. Neither wi ll the State Board of Education make rules
affecting the operation of the public nurserie s and kindergartens
operated from federal funds secured through Community Action
Programs even though they may be operating in the public s chools of
the state. However, any of the Head Start or public nurseries or
kindergartens operated under federal regu lations 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. Th e status of no school district shall be changed
which will reduce it to a lower classific ation until due notice has
been given to the proper authorities thereof and an opportunity
given to correct the conditions which otherwise would be the cause
of such reduction.
Private and parochial schools may be ac credited and classified
in like manner as public schools or, if an accrediting association
is approved by the State Board of Education, by pro cedures
established by the State Boar d of Education to accept ac creditation
by such accrediting association, if ap plication is made to the State
Board of Education for such accrediting;
8. Be the legal agent of the State of Oklahoma this state 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 of
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public education in Oklahoma. It shall prescribe such rules as it
finds necessary to provide for the proper dis tribution 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 St ates Government under any law of the
United States which may r equire 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 L aw 396 of the 79th Congr ess of the
United States, which law states that said act may be cited as the
"National School Lunch Act", and said the State Board of Education
is hereby authorized and directed to accept the terms and provisions
of said act and to ente r into such agreement s, not in conflict with
the Constitution of Oklahoma or the Constitution and Statutes of the
United States, as may be necessary or appropriate to secure for the
State of Oklahoma this state the benefits of the school lunch
program established and referred to in said the act;
11. Have authority to secure and administer the benefits of the
National School Lunch Act, Public Law 396 of the 79th Congress of
the United States, in the State of Oklahoma this state 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
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be necessary for the accomplishment of the above purpose, administer
the distribution of any state f unds appropriated by the Leg islature
required as federal mat ching to reimburse on childr en's meals;
12. Accept and provide for the administ ration of any land,
money, buildings, gifts, donation, or other things of value which
may be offered or bequeathed t o the schools under the super vision or
control of said the Board;
13. Have authority to re quire 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 the
districts as the Board may de em needful for the prop er exercise of
its duties and funct ions. 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 f iled and accepted in the
office of said the Board and to revoke the certificates of persons
failing or refusing to make such reports;
14. Have general supervision of the school lunch program. Th e
State Board of Education may sponsor wo rkshops for personnel and
participants in the school lunc h program and may develop, print, and
distribute free of charge or sell any materials, books, and
bulletins to be used in such the school lunch programs. The re is
hereby created in the State Treasury a re volving fund for the Board,
to be designated the School Lunch Workshop Revolving Fund. The fund
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shall consist of all fees derived from or on behalf of any
participant in any such workshop sponsored by the Sta te 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 the materials,
books, and bulletins relating to the scho ol lunch program. The fund
shall be administered in a ccordance with Section 155 of Title 6 2 of
the Oklahoma Statutes;
15. Prescribe all forms for school district and county officers
to report to the State Board of Education where required. The State
Board of Education shall also prescribe a list of appropr iation
accounts by which the funds of school districts shall be budgeted,
accounted for, and expended; and it shall be the duty of the State
Auditor and Inspector in prescribing all budgeting, accountin g, and
reporting forms for school funds to conform to su ch lists;
16. Provide for the establ ishment of a uniform system of pupil
and personnel accounting, records, and reports;
17. Have authority to provide for the health and safety of
school children and school personnel while under the jurisdiction of
school authorities;
18. Provide for the su pervision of the transportation of
pupils;
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19. Have authority, upon request of the local school board, to
act in behalf of the public schools of the state in the purchase of
transportation equipment;
20. Have authority and is hereby required to perform a ll 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 tha n ad valorem taxes, any
other funds identified by the State Department of Education, which
may include, but not be limited to, grants-in-aid from the federal
government for building purposes, the proceeds of all property that
shall fall to the state by esc heat, 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 bui ldings,
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 Constitutio n shall mean acquiring or improving s chool
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sites, constructing, repairing, remodeling, or equipping buildings,
or acquiring school furniture, fixtures, or equipment. 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 eligible charter schools as defined in subsection B of this
section. The State Board of Education shall disburse redbud school
grants annually from the State Public Common School Building
Equalization Fund to public schools and eli gible charter schools
pursuant to subsection B of this section. The Board shall
promulgate rules for the implementation of disbursing redbud school
grants pursuant to this section. The State Board of Education shall
prescribe rules for making grants of a id from, and for otherwise
administering, the fund pursuant to the provisions of this
paragraph, and may employ and fix the duties and compensation of
technicians, aides, clerks, stenographers, attorneys, and other
personnel deemed necessary to carry out th e 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. From monies
apportioned to the fund, the State Department of Education may
reserve not more than one -half of one percent (1/2 of 1%) for
purposes of administering the fund;
22. Recognize that the Director of the Oklahom a Department of
Corrections shall be the administrative auth ority for the schools
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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 c lassification, inspection,
and accreditation of public schoo ls shall be applicable to such
schools; and such schools shall comply with stand ards 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 s hall consist of all
monies received from th e 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 aut horized to enter into agreements with school
districts, municipalities, the United States Government,
foundations, and other agencies or individuals for services,
programs, or research projects. The Statistical Ser vices Revolving
Fund shall be administere d in accordance with Section 155 of Title
62 of the Oklahoma Statutes.
B. 1. The redbud school grants shall be determined by the
State Department of Education as follows:
a. divide the county four -mill levy revenue by four to
determine the nonchargeable county four-mill revenue
for each school district,
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b. determine the amount of new revenue generated by the
five-mill building fund levy as authorized by Section
10 of Article X of the Oklahoma Constitution for each
school district as reported in the Oklaho ma Cost
Accounting System for the preceding fiscal year,
c. add the amounts calculated in subparagraphs a and b of
this paragraph to determine the nonchargeable millage
for each school district,
d. add the nonchargeable millage in each district
statewide as calculated in subparagraph c of this
paragraph and divide the total by the average daily
membership in public schools statewide based on the
preceding school year's average daily membership,
according to the provi sions of Section 18-107 of this
title. This amount is the statewide nonchargeable
millage per student, known as the baseline local
funding per student,
e. all eligible charter schools shall be included in
these calculations as unique school districts ,
separate from the school district that may s ponsor the
eligible charter school, and the total number of
districts shall be used to determine the statewide
average baseline local funding per student,
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f. for each school district or eligible charter school
which is below the baseline local funding per student,
the Department shall subtract the baseline local
funding per student from the average nonchargeable
millage per student of the school district or eligible
charter school to determine the nonchargeable milla ge
per student shortfall for each distric t, and
g. the nonchargeable millage per student shortfall for a
school district or eligible charter school shall be
multiplied by the average daily membership of the
preceding school year of the eligible school dist rict
or eligible charter school. This am ount shall be the
redbud school grant amount for the school district or
eligible charter school.
2. For fiscal year 2022, monies for the redbud school grants
shall be expended from the funds apportioned pursuant to Section 2
Section 426 of this act Title 63 of the Oklahoma Statutes. For
fiscal year 2023 and each subsequent fiscal year, monies for the
redbud school grants shall be appropri ated pursuant to Section 2
Section 426 of this act Title 63 of the Oklahoma Statutes, not to
exceed three-fourths (3/4) of the tax collected in the preceding
fiscal year pursuant to Section 426 of Title 63 of the Okla homa
Statutes as determined by the Oklahoma Tax Commission. For fiscal
year 2023 and each subsequent fis cal year, if such appropriated
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funds are insufficient to fund the redbud school grants, then an
additional apportionment of funds shall be made from sales tax
collections as provided by subsection D of Section 3 Section 1353 of
this act Title 68 of the Oklahoma Statute s. If both funds are
insufficient, the Department shall promulgate rules to permit a
decrease to the baseline local funding per st udent to the highest
amount allowed with the funding available.
3. As used in this section, "eligible charter school" shall
mean a charter school which is sponsored pursuant to the provisions
of the Oklahoma Charter School Schools Act. Provided, however,
"eligible charter school" shall not include a statewide virtual
charter school sponsored by the Statewide Virtual Charter School
Board but shall only include those which provide in-person or
blended instruction, as provided by Section 1-111 of this title, to
not less than two-thirds (2/3) of students as the primary means of
instructional service delivery.
4. The Department shall d evelop a program to acknowledge the
redbud school grant recipients and shall include elected members of
the Oklahoma House of Representatives and Oklahoma State Senate who
represent the school districts and eligible charter schools.
5. The Department shall create a dedicated page on its website
listing annual redbud school grant recipients, amount awarded to
each recipient, and other pertinent information about the Redbud
School Funding Act.
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6. The Department shall provide the Chair of the House
Appropriations and Budget Committee and the Chair of the Senate
Appropriations Committee no later than February 1 of each year with
an estimate of the upcoming yea r's redbud school grant allocation as
prescribed by this section.
SECTION 5. AMENDATORY 70 O.S. 2021, Section 3-134, is
amended to read as follows:
Section 3-134. A. For written applications file d after January
1, 2008, prior Beginning July 1, 2023, prior to submission to the
Statewide Charter School Board of the an application to a proposed
sponsor seeking to establish a charter school or statewide virtual
charter school, the applicant shall be required to complete training
which shall not exceed ten (10) hours pro vided by the State
Department of Education Statewide Charter School Boa rd on the
process and requirements for establishing a charter school or
statewide virtual charter school. The Department Board shall
develop and implement the training by January 1, 2008 July 1, 2023.
The Department Board may provide the training in any format and
manner that the Department it determines to be efficient and
effective including, but not limited to, web-based training.
B. Except as otherwise provided for in Section 3-137 of this
title, an applicant seeking to establish a charter school or
statewide virtual charter scho ol shall submit a written application
to the proposed sponsor as prescribed in subsection E of this
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section Statewide Charter School Board. The application,
application process, and application time frames shall be posted on
the Board's website. The application shall include:
1. A mission statement for the charter school or statewide
virtual charter school ;
2. A description including, but not limited to, background
information of the organizational structure and th e governing body
board of the charter school or statewide virtual charter school;
3. A financial plan for the first five (5) years of operation
of the charter school or statewide virtual charter school and a
description of the treasurer or ot her officers or persons who shall
have primary responsibility for the finance s of the charter school
or statewide virtual charter school. Such person shall have
demonstrated experience in school finance or the e quivalent thereof;
4. A description of the hiring pol icy of the charter school or
statewide virtual charter school;
5. The name of the applicant or applicants and requested
sponsor;
6. A description of the facility and location of the charter
school;
7. A description of the grades being served;
8. An outline of cr iteria designed to measure the e ffectiveness
of the charter school or statewide virtual charter school;
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9. A demonstration of support for the charter school from
residents of the school district in which the charter school is to
be located which may include but is not limited to a surve y of the
school district residents or a petition signed by residents of the
school district;
10. Documentation that the applicants completed charter school
training as set forth i n subsection A of this section;
11. A description of the minimum and maximu m enrollment planned
per year for each term of the charter contract;
12. The proposed calendar for the charter school or statewide
virtual charter school and sample daily schedule;
13. Unless otherwise authorized by law or regulation, a
description of the academic program al igned with state standards;
14. A description of the instructional de sign of the charter
school, or statewide virtual charter school including the type of
learning environment, c lass size and structure, curriculum overview,
and teaching methods;
15. The plan for using internal and external assessments to
measure and report student p rogress on the perform ance framework
developed by the applicant in accordance with subsection C of
Section 3-135 Section 3-136 of this title;
16. The plans for identifying and su ccessfully serving students
with disabilities, students who are English langu age learners, and
students who are academically behind;
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17. A description of cocurricular or extracurricular programs
and how they will be funded and de livered;
18. Plans and time lines for student recruitment and
enrollment, including lottery procedures ;
19. The student dis cipline policies for the c harter school, or
statewide virtual charter school including those for special
education students;
20. An organizational chart that clearly presents the
organizational structure of the charter school , or statewide virtual
charter school including lines of authority and reporti ng between
the governing board, staff, any relate d bodies such as advisory
bodies or parent and teacher councils, and any external
organizations that will play a role in managing the school;
21. A clear description of the roles and responsibilities for
the governing board, the leadership and management team for the
charter school, or statewide virtual charter school and any other
entities shown in the organizational chart;
22. The leadership and teacher employment p olicies for the
charter school or statewide virtual charter school;
23. Proposed governing b ylaws;
24. Explanations of any partnerships or contrac tual
partnerships central to the operations or mission of the charter
school or statewide virtual charter school ;
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25. The plans for providing transp ortation, food service , and
all other significant op erational or ancillary se rvices;
26. Opportunities and expectations for parental involvement;
27. A detailed school start-up plan that identifies task s, time
lines, and responsible individuals;
28. A description of the financial plan and policies for th e
charter school, or statewide virtual charter school including
financial controls and audit requirements;
29. A description of the insurance coverage the charter school
or statewide virtual charter school will obtain;
30. Start-up and five-year budgets with clearly stated
assumptions;
31. Start-up and first-year cash-flow projections with clearly
stated assumptions;
32. Evidence of anticipated fundraising contributions, if
claimed in the application ;
33. A sound facilit ies plan, including backup o r contingency
plans if appropriate ;
34. A requirement that the charter school or statewide virtual
charter school governing board meet at a minimum quarterly in the
state comply with the requirements of paragraph 7 of subsection A of
Section 3-136 of this title and that for those charter schools
outside of counties with a population of five hundred thou sand
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(500,000) or more, that a majority of members are residents within
the geographic boundary of the sponsoring entity charter school; and
35. A requirement that the charter school or statewide virtual
charter school follow the requirements of the Oklahoma Open Meeting
Act and Oklahoma Ope n Records Act.
C. A board of education of a public school district, public
body, public or private col lege or university, private person, or
private organization may contract wi th a sponsor to establish a
charter school. A private school shall not be eli gible to contract
for a charter school or statewide virtual charter school under the
provisions of the Oklahoma C harter Schools Act.
D. The sponsor of a charter school is the board of education of
a school district, the board of educatio n of a technology center
school district, a higher e ducation institution, the State Board of
Education, or a federally recognized I ndian tribe which meets the
criteria established in Section 3-132 of this title. Any board of
education of a school district in the state may sponsor on e or more
charter schools. The physical location of a charter school
sponsored by a board of education of a school district or a
technology center school district shall be within the boundaries of
the sponsoring school district . The physical location of a charter
school sponsored by the State Board of Education Statewide Charter
School Board when the applicant of the charter school is th e Office
of Juvenile Affairs shall be where an Office of Juvenile Affa irs
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facility for youth is located. The physical location of a charter
school otherwise sponsored b y the State Board of Education pursuant
to paragraph 8 of subsection A of Section 3-132 of this title shall
be in the school district in which the applicatio n originated.
E. An applicant for a charter schoo l may submit an applicat ion
to a proposed sponsor which shall either accept or reject
sponsorship of the charter school within ninety (9 0) days of receipt
of the application. If the proposed sponsor reject s the
application, it shall notify the applicant i n writing of the reasons
for the rejection. The applicant may submit a revised application
for reconsideration to the proposed sponsor within thirty (30) days
after receiving notification of the rejection. The proposed sponsor
shall accept or reject the revised application with in thirty (30)
days of its receipt. Should the sponsor reject the application on
reconsideration, the applicant may appeal the decision to the State
Board of Education with the revi sed application for re view pursuant
to paragraph 8 of subsection A of Sect ion 3-132 of this title. The
State Board of Education shall hear the appeal no later than sixty
(60) days from the date received by the Board.
F. A board of education of a school d istrict, board of
education of a technology center school district, higher education
institution, or federally recognized Indian tribe sponsor of a
charter school shall notify the State Board of Education when it
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accepts sponsorship of a charter school. T he notification shall
include a copy of the charte r of the charter school.
G. Applicants for char ter schools proposed to be sponsored by
an entity other than a school district pursuant to paragraph 1 of
subsection A of Section 3-132 of this title may, up on rejection of
the revised application, proceed t o binding arbitration un der the
commercial rules of the American Arbitration Association with costs
of the arbitration to be borne by th e proposed sponsor. Applicants
for charter schools proposed to be spo nsored by school distr icts
pursuant to paragraph 1 of subsection A of Sect ion 3-132 of this
title may not proceed to binding arbitration but may be spons ored by
the State Board of Educat ion as provided in paragraph 8 of
subsection A of Section 3-132 of this title.
H. If a board of education of a technolo gy center school
district, a higher education ins titution, the State Board of
Education, or a federally recognized Indian tribe accepts
sponsorship of a charter school, the administrative, fiscal and
oversight responsibilities o f the technology center scho ol district,
the higher education institution, or the federally recognized Indian
tribe shall be listed in the contract. No administrative, fiscal,
or oversight responsibilities of a charter school or statewide
virtual charter school shall be delegated to a schoo l district
unless the local school district agrees to enter into a contract t o
assume the responsibilities.
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I. A sponsor of a public charter school F. Beginning July 1,
2023, the Statewide Charter School Board shall have the followi ng
powers and duties in its oversight of charter schools and statewide
virtual charter schools in this state:
1. Provide oversight of the operations of cha rter schools and
statewide virtual charter schools in the state through annual
performance reviews of charter schools and reauthorization of
charter schools for which it is a sponsor;
2. Solicit and evaluate cha rter school and statewide virtual
charter school applications;
3. Approve quality charter school and statewide virtual charter
school applications that meet identified educatio nal needs and
promote a diversity of educational choices;
4. Decline to approve weak or inade quate charter school or
statewide virtual charter schoo l applications;
5. Negotiate and execute sound charter contracts with each
approved public charter school or statewide virtual charter school;
6. Monitor, in accordance with c harter contract terms, t he
performance and legal compliance of charter schools and statewide
virtual charter schools; and
7. Determine whether ea ch charter contract merits renewal,
nonrenewal, or revocation.
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J. Sponsors shall establish a procedure for accepting,
approving and disapproving charter school app lications in accordance
with subsection E of this section.
K. Sponsors G. The Statewide Charter School Board shall be
required to develop and maintain charterin g policies and practices
consistent with recognize d principles and standards for quality
charter authorizing as established by the State Department of
Education in all major areas of aut horizing responsibility,
including organizational capacity and infrast ructure, soliciting and
evaluating charter school and statewide virtual charter school
applications, performance contracting, ongoing charter school and
statewide virtual charter school oversight and evaluation, and
charter contract renewal decision-making.
L. Sponsors acting in their official ca pacity shall be immune
from civil and criminal liabi lity with respect to all activities
related to a charter school with which they contract.
SECTION 6. AMENDATORY 70 O.S. 2021, Section 3 -136, is
amended to read as follows:
Section 3-136. A. A Beginning July 1, 2023, a written contract
entered into between the Statewide Charter School Board and the
governing board of a charter school or statewide virtual charter
school shall adopt a charter which will ensure compliance with the
following:
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1. A Except as provided for in the Oklahoma Charter Schools
Act, charter schools and statewide virtual charter scho ols shall be
exempt from all statutes and rules r elating to schools, boards of
education, and school districts; provided, however, a charter school
or statewide virtual charter school shall comply with all f ederal
regulations and state and local rules and statu tes relating to
health, safety, civil rights , and insurance. By January 1, 2000,
the State Department of Education shall prepare a list of relev ant
rules and statutes which a charter school must or statewide virtual
charter school shall comply with as required by this paragra ph and
shall annually provide an update to the list;
2. A charter school or statewide virtual charter school shall
be nonsectarian in its programs, admission policies, employm ent
practices, and all other operations. A sponsor may The Statewide
Charter School Board shall not authorize a charter school, statewide
virtual charter school, or program that is affiliated with a
nonpublic sectarian school or religious institution;
3. The charter contract shall provide a description of the
educational program to be offered . A charter school or statewide
virtual charter school may provide a comprehensive p rogram of
instruction for a pre kindergarten program, a kindergarten program,
or any grade between grades one and twelve. Instruction may be
provided to all persons between the ages of four (4) an d twenty-one
(21) years. A charter school or statewide virtual charter school
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may offer a curriculum which emphasizes a specific learning
philosophy or style or certain subject areas such as mathematics,
science, fine arts, p erformance arts, or foreign lang uage. The
charter of a charter scho ol or statewide virtual charter school
which offers grades nine through twelve shal l specifically address
whether the charter school or statewide virtual charter school will
comply with the graduation require ments established in Section 11-
103.6 of this title. No charter school or statewide virtual charter
school shall be chartered for the purpose of offering a curriculum
for deaf or blind students that is the same or si milar to the
curriculum being provided by or for educating deaf or blind students
that are being served by the Oklahoma Schoo l for the Blind or the
Oklahoma School for the Deaf;
4. A charter school or statewide virtual charter school shall
participate in the testin g as required by the Oklahoma School
Testing Program Act and the reporting of test results as is required
of a school district. A charter school or statewide virtual charter
school shall also provide any necessary data to the Office of
Accountability within the State Department of Education ;
5. Except as provided for in the Oklahoma Charter Schools Ac t
and its charter, a charter sc hool shall be exempt from all statutes
and rules relating to schools, boards of education, and school
districts;
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6. A charter school or statewide virtual charter scho ol, to the
extent possible, shall be subject to the same reporting
requirements, financial audits, audit procedures, and audit
requirements as a school district. The State Department of
Education, Statewide Charter School Board, or State Auditor and
Inspector may conduct financial, program, or compliance audits. A
charter school or statewide virtual charter school shall use the
Oklahoma Cost Accounting System to report financial transactions to
the sponsoring school district State Department of Education;
7. 6. A charter school or statewide virtual charter school
shall comply with all feder al and state laws relating to t he
education of children with disabilities in the same manner as a
school district;
8. 7. A charter school or statewide virtual charter school
shall provide for a governing body board for the school which shall
be responsible for the policies and operational decisions of the
charter school or statewide virtual charter school. A majority of
the charter school or statewide virtual charter school governing
board members shall be residents of this state and shall meet n o
less than quarterly in a public meeti ng within the boundaries of the
school district in which the charte r school is located or within
this state if the governing board oversees multiple charter schools
in this state or oversees a statewide virtual charter school . A
member of the governing board of a charter school or statewide
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virtual charter school shall be subject to the same conflict of
interest requirements as a member of a school district board of
education including, but not limited to, Sections 5-113 and 5-124 of
this title. Members ap pointed to the governing board of a charter
school or statewide virtual charter school shall be subject to th e
same instruction and continuing education requirements as members of
a school district board of education an d pursuant to Section 5-110
of this title, complete twelve (12) hours of instruction within
fifteen (15) months of appo intment to the governing board, and
pursuant to Section 5-110.1 of this title, attend con tinuing
education;
9. 8. A charter school or statewide virtual charter school
shall not be used as a method of generating revenue for students who
are being home schooled and a re not being educated at an org anized
charter school site or by a statewide virtual charter school;
10. 9. A charter school may or statewide virtual charter school
shall be as equally free and open to all students as traditional
public schools and shall not charge tuition or fees;
11. 10. A charter school or statewide virtual charter school
shall provide instruction each year for at least the number of days
required in Section 1-109 of this title;
12. 11. A charter school or statewide virtual charter schoo l
shall comply with the student suspen sion requirements provided for
in Section 24-101.3 of this title;
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13. 12. A charter school or statewide virtual charter school
shall be considered a school district for purposes of tort liability
under The Governmental Tort Claims Act ;
14. 13. Employees of a charter school or statewide virtual
charter school may participate as members of the Teac hers'
Retirement System of Oklahoma in accordance with applicable statutes
and rules if otherwise allowed pur suant to law;
15. 14. A charter school or statewide virtual charter school
may participate in all health and related insurance programs
available to the employees of the sponsor of the charter school a
public school district;
16. 15. A charter school or statewide virtual charter school
shall comply with the Ok lahoma Open Meeting Act and the Oklahoma
Open Records Act;
17. The governing body of a charter school shall be subject to
the same conflict of i nterest requirements as a member of a local
school board; and
18. 16. No later than September 1 of each year, the governing
board of each charter sch ool or statewide virtual charter school
formed pursuant to the Oklahoma Charter S chools Act shall prepare a
statement of actual income and expenditu res for the charter school
or statewide virtual charter school for the fiscal year that ended
on the preceding June 30, in a manner compliant with Section 5-135
of this title. The statemen t of expenditures shall include
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functional categories as defined in rules ado pted by the State Board
of Education to implement the Oklahoma Cost Accounting System
pursuant to Section 5-145 of this title. Charter schools and
statewide virtual charter schools shall not be permitted to submit
estimates of expenditures or prorated amounts to fu lfill the
requirements of this paragraph ; and
17. A charter school or statewide virtual charter school
contract shall include performance provisions based on a performance
framework that clearl y provides the academic and operational
performance indicators, measur es, and metrics that shall guide the
evaluation of a charter school or statewide virtual charter school
by the Statewide Charter School Board. The Board shall require a
charter school or statewide virtual charter school to submit the
data required in this subsection in the identical format that is
required by the State Depa rtment of Education of all public schools
in order to avoid duplicative administrative efforts or allow a
charter school or statewide virtual charter school to provide
permission to the Dep artment to share all require d data with the
Board. The performance framework shall include indicators ,
measures, and metrics for, at a minimum:
a. student academic proficiency,
b. student academic growth,
c. achievement gaps in both pr oficiency and growth
between major student subgro ups,
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d. student attendance,
e. recurrent enrollment from year to year as d etermined
by the methodology used for public schools in this
state,
f. in the case of high schools, graduation rates as
determined by the methodology used f or public schools
in this state,
g. in the case of high schools, postsecon dary readiness,
h. financial performance and sustainability, and
i. governing board performance and stewa rdship, including
compliance with all applicable laws, reg ulations, and
terms of the charter contract .
B. 1. The charter contract of a charter school or statewide
virtual charter school shall include a description of the personn el
policies, personnel qua lifications, and method of school governance ,
and the specific role and duties of the sponsor of the charter
school. A charter school or statewide virtual charter school shall
not enter into an employment contract with any teacher or other
personnel until a contract has been executed with the Statewide
Charter School Board . The employment contract shall provide the
personnel policies of the charter sch ool or statewide virtual
charter school including, but not limited to, policies related to
certification, professional development evaluation, suspension,
dismissal and nonreemployment, sick leave , personal business l eave,
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emergency leave, and f amily and medical leave. The contract shall
specifically provide the salary, hours, fringe benefits, and work
conditions. The contract may provide for employer-employee
bargaining, but the charter s chool or statewide virtual charter
school shall not be required to comply with the provisions of
Sections 509.1 through 509.10 of this title.
2. Upon contracting with any teacher or other personnel, the
governing board of a charter school or statewide virtual charter
school shall, in writing, disclose employment rights of the
employees in the event the charter school or statewide virtual
charter school closes or the charter contract is not renewed or is
terminated.
3. No charter school or statewide virtual charter school may
begin serving students without a contract executed in accordance
with the provisions of the Okla homa Charter Schools Act and approved
in an open meeting of the Statewide Charter School Board. The Board
may establish reasonable preopening require ments or conditions to
monitor the start-up progress of newly approved charter schools or
statewide virtual charter schools and ensure that each school is
prepared to open on the date agreed and that each school meets all
building, health, safety, insurance , and other legal requ irements
for the opening of a school.
C. The charter of a charter school or statewide virtual charter
school may be amended at the reques t of the governing body board of
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the charter school or statewide virtual charter school and upon the
approval of the sponsor Statewide Charter School Board.
D. A charter school or statewide virtual charter school may
enter into contracts and sue and b e sued.
E. The governing body board of a charter school may or
statewide virtual charter schoo l shall not levy taxes or issue
bonds.
F. The charter of a charter school or statewide virtual charter
school shall include a provision specifying the method or methods to
be employed for disposing of real and personal property acquired by
the charter school or statewide virtual charter school upon
expiration or termination of the chart er or failure of the charter
school or statewide virtual charter school to continue operations.
Except as otherwise provided, any real or personal property
purchased with state or local funds shall b e retained by the
sponsoring school district Statewide Charter School Board. If a
charter school that was previou sly sponsored by the boa rd of
education of a school district continues operation within the school
district under a new charter sponsored by an entity authorized
pursuant to Section 3-132 of this title contract with the Statew ide
Charter School Board, the charter school may retai n any personal
property purchased with state or local fun ds for use in the
operation of the charter school until termi nation of the new charter
or failure of the charter school to continue operations.
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SECTION 7. AMENDATORY 70 O.S. 2021, Section 3-137, is
amended to read as follows:
Section 3-137. A. An approved contract for a charter school
Beginning July 1, 2023, a charter school c ontract approved by the
Statewide Charter Sch ool Board shall be effective f or five (5)
fifteen (15) years from the first day of operation. A charter
contract may be renewed for successive five-year fifteen-year terms
of duration, although the sponsor Board may vary the term based on
the performance, demonstrated capacities , and particular
circumstances of each charter school. A sponsor The Board may grant
renewal with specific condi tions for necessary improvements to a
charter school.
B. Charter contracts shall be review ed every five (5) years.
Prior to the beginning of the fourth fifth year of operation of a
charter school or statewide virtual charter school, the sponsor
Statewide Charter School Boa rd shall issue a charter school
performance report and charter renewal application guidance to the
charter school and the charter school its governing board or the
statewide virtual charter school and its governing board . The
performance report shall summarize the performance record to date of
the charter school or statewide virtual charter school, based on the
data required by the Oklahoma Charter Schools Act and the charter
contract and taking into consideration the percentage of at-risk
students enrolled in the school, and shall provide notice of any
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weaknesses or concerns perceived by the sponsor Board concerning the
charter school or statewide virtual charter school that may
jeopardize its position in seeking renewal if not timely rectif ied.
The charter school or statewide virtual charter school shall have
forty-five (45) days to respond to the performance report and submit
any corrections or clarifications for the report.
C. 1. Prior to the beginning of the fifth fifteenth year of
operation, the charter school or statewide virtual charter school
may apply to the Statewide Charter School Board for renewal of the
contract with the sponsor. The renewal application guidance shall,
at a minimum, provide an opportun ity for the charter school or
statewide virtual charter school to:
a. present additional evidence, beyond the data contained
in the performance report, supporting its case for
charter contract renewal,
b. describe improvements undertaken o r planned for the
school, and
c. detail the plan for the next charter contract term for
the school.
2. The renewal applicat ion guidance shall include or refer
explicitly to the criteria that will shall guide the renewal
decisions of the sponsor Board, which shall be bas ed on the
performance framework set forth in the charter contract and
consistent with the O klahoma Charter Schools Act.
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D. The sponsor Statewide Charter School Board may deny the
request for renewal if it determines the charter school or statewide
virtual charter school has failed to comple te the obligations of the
contract or comply with the pro visions of the Oklahoma Charte r
Schools Act. A sponsor The Board shall give written notice of its
intent to deny the request for renewal at least e ight (8) months
prior to expiration of the contract . In making charter renewal
decisions, a sponsor the Board shall:
1. Ground decisions on evidence of the performance of the
charter school or statewide virtual charter school over the term of
the charter contract in accordance with the performance framework
set forth in the charter contract and shall take into consideration
the percentage of at-risk students enrolled in the school;
2. Grant renewal to charter schools or statewide virtual
charter schools that have achieved t he standards, targets , and
performance expectations a s stated in the charter contract and are
organizationally and fiscally viable and have been faithful to the
terms of the contract and applicable law;
3. Ensure that data used in making renewal decisions are
available to the school and the public; and
4. Provide a public report summarizing the evidence us ed as the
basis for each decision.
E. If a sponsor denies a request for renewal, the governing
board of the sponsor may, if requested by the charter sc hool,
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proceed to binding arbitration as provided for in subsection G of
Section 3-134 of this title.
F. A sponsor The Statewide Charter School Board may terminate a
contract during the term of the contract for failure to meet the
requirements for student performance contained in the contract,
failure to meet the standards of fiscal management, violations of
the law, or other good cause. The sponsor Board shall give at least
ninety (90) days' written notice to the governing board of the
charter school or statewide virtual charter school prior to
terminating the contract. The governing board may request, in
writing, an informal hearing before the sponsor Statewide Charter
School Board within fourteen (14) days of receiving notice. The
sponsor Board shall conduct an informal hearing before taking
action. If a sponsor decides to terminate a contract, the governing
board may, if requested by the charter school, proceed to binding
arbitration as provided for in subsection G of Section 3-134 of this
title.
G. F. 1. Beginning in the 2016-2017 school year, the St ate
Board of Education shall identify charter schools and statewide
virtual charter schools in the state that are ranked in the bottom
five percent (5%) of all public schools as determ ined pursuant to
Section 1210.545 of th is title.
2. At the time of its charter renewal, based on an average of
the current year and the two (2) prior operating years, a sponsor
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the Statewide Charter School Board may close a charter school site
or statewide virtual charter school identified as being amon g the
bottom five percent (5%) of public schools in the state . The
average of the curre nt year and two (2) prior operating years shall
be calculated by using the percentage ranking for each year divided
by three, as determined by this subsection.
3. If there is a change to the calculation described in Section
1210.545 of this title that res ults in a charter school site or
statewide virtual charter school that was not ranked in the bottom
five percent (5%) being ranked in the b ottom five percent (5%), then
the sponsor Statewide Charter School Board shall use the higher of
the two rankings to calculate the ranking of the charter school site
or statewide virtual charter school.
4. In the event that a sponsor fails to close a charter school
site consistent with this subsection, the sponsor shall appear
before the State Board of Education to provide support for its
decision. The State Board o f Education may, by majo rity vote,
uphold or overturn the decision of the sponsor. If the decision o f
the sponsor is overturne d by the State Board of Education, the Board
may implement one of the foll owing actions:
a. transfer the sponsorship of the chart er school
identified in this paragraph to another sponsor,
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b. order the closure of the charter school identified in
this paragraph at the end of the current school year,
or
c. order the reduction of an y administrative fee
collected by the sponsor that is a pplicable to the
charter school identified in this paragraph. The
reduction shall become effective a t the beginning of
the month following the month the hearing of the
sponsor is held by the State Boa rd of Education.
5. A charter school or statewide virtual charter school that is
closed by the State Board of Education Statewide Charter School
Board pursuant to paragraph 4 of this subsection shall not be
granted a subsequent charter by any other sponsor contract.
6. 5. The requirements of this subsection s hall not apply to a
charter school or statewide virtual charter school that has been
designated by the State Department of Education as implementing an
alternative education program throughout the charter school.
7. 6. In making a charter school site or statewide virtual
charter school closure decision, the State Board of Education
Statewide Charter School Board shall consider the f ollowing:
a. enrollment of students wit h special challenges such as
drug or alcohol addiction, prior withdrawal from
school, prior incarceration, or other special
circumstances,
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b. high mobility of the student population resulting from
the specific purpose of the charter school or
statewide virtual charter school,
c. annual improvement in the performance of students
enrolled in the charter school or statewide virtual
charter school compared with the performance of
students enrolled in the charter school or statewide
virtual charter school in the immediately pr eceding
school year, and
d. whether a majority of students attending the charter
school or statewide virtual charter school under
consideration for closure would lik ely revert to
attending public schools with lower academic
achievement, as demonstrated pursuant to Section
1210.545 of this title.
8. 7. If the State Board of Education Statewide Charter School
Board has closed or transferred authorization of at least twenty-
five percent (25%) of t he charter schools chartered by one sponsor
pursuant to paragraph 4 of or statewide virtual charter schools
proposed by one applicant pursuant to this subsection, the authority
of the sponsor applicant to authorize apply for new charter schools
or statewide virtual charter schools may be suspended by the Board
until the Board approves the sponsor applicant to authorize propose
new charter schools or statewide virtual charter schools. A
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determination under made pursuant to this paragraph to suspend the
authority of a sponsor to authorize new charter schools shall
identify the deficien cies that, if corrected, will result in the
approval of the sponsor applicant to authorize apply for new charter
schools or statewide virtual charter schools .
H. G. If a sponsor the Statewide Charter School Board
terminates a contract or the charter school or statewide virtual
charter school is closed, the closure shall be conducted in
accordance with the following protoco l:
1. Within two (2) calendar weeks of a final closure
determination, the sponsor Statewide Charter School Board shall meet
with the governing board and leadership of the charter school or
statewide virtual charter school to establish a transition team
composed of school staff, applicant staff , and others designated by
the applicant that will attend to the closure, incl uding the
transfer of students, student records, and school funds;
2. The sponsor Statewide Charter School Board and transition
team shall communica te regularly and effectively with families of
students enrolled in the charter school or statewide virtual charter
school, as well as with school staff and other stakeholders, to keep
them apprised of key information regarding the closure of the school
and their options and risks;
3. The sponsor Statewide Charter Schoo l Board and transition
team shall ensure that curren t instruction of students enrolled in
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the charter school or statewide virtual charter school continues per
the charter agreement contract for the remainder of the school year;
4. The sponsor Statewide Charter School Board and transition
team shall ensure that all n ecessary and prudent notifications are
issued to agencies, employees, insurers, contractors, creditors,
debtors, and management organizations; and
5. The governing board of the charter school or statewide
virtual charter school shall continue to meet as necessary to take
actions needed to wind down school ope rations, manage school
finances, allocate resources, and facilitate all aspects of closure.
I. A sponsor shall develop revocation and nonrene wal processes
that are consistent with t he Oklahoma Charter Schools Act and that:
1. Provide the charter school w ith a timely notificatio n of the
prospect of revocation or nonrenewal and of the reasons for possible
closure;
2. Allow the charter school a reasonable amount of time in
which to prepare a response;
3. Provide the charter school with an opportunity to su bmit
documents and give testimony in a public hearing challenging the
rationale for closure and in sup port of the continuation of the
school at an orderly proceeding held for that pu rpose and prior to
taking any final nonrenewal or revocation decision rela ted to the
school;
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4. Allow the charter school access to representation by counsel
to call witnesses on its behalf;
5. Permit the recording of the proceedings; and
6. After a reasonable period for deliberation, require a final
determination be made and conveyed in writing to t he charter school.
J. If a sponsor revokes or does not renew a charter, the
sponsor shall clearly state in a resoluti on the reasons for the
revocation or nonrenewal.
K. 1. Before a sponsor may issue a charter to a charter school
governing body that has had its charter terminated or has been
informed that its charter will not be r enewed by the current
sponsor, the sponsor shall request to have the proposal re viewed by
the State Board of Education at a hearing. The State Board of
Education shall conduct a hearing in which the sponsor shall present
information indicating that the pr oposal of the organizer is
substantively different in the areas of deficiency id entified by the
current sponsor from the current proposal as set forth wit hin the
charter with its current sponsor.
2. After the State Board of Education conducts a hearing
pursuant to this subsection, the Board sha ll either approve or deny
the proposal.
3. If the proposal is denied, no sponsor may issue a charter to
the charter school governing body .
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L. If a contract is not renewed, the governing board of the
charter school may submit an application to a proposed new sponsor
as provided for in Section 3 -134 of this title.
M. H. If a contract is not renewed or is terminated a ccording
to this section, a student who attended the charter school or
statewide virtual charter school may enroll in the resident school
district of the student or may apply for a transfer in accordance
with Section 8-103 of this title.
SECTION 8. AMENDATORY 70 O.S. 2021, Section 3-139, is
amended to read as follows:
Section 3-139. A. A sponsoring school district shall determine
whether a teacher who is employed by or teaching at a charter school
or statewide virtual charter school and who was previously employed
as a teacher at the sponsoring public school district shall not lose
any right of salary status or any other benefit provided by law due
to teaching at a charter scho ol or statewide virtual charter school
upon returning to the sponsoring public school district to teach.
B. A teacher who is employed by or teaching at a charter school
or statewide virtual charter school and who submits an employment
application to the school district where the teacher was employed
immediately before employment by or at a charter school or statewide
virtual charter school shall be given employment preference by the
school district if:
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1. The teacher submits an employment application to the s chool
district no later than three (3) years after ceasing employment with
the school district; and
2. A suitable position is available at th e school district.
SECTION 9. AMENDATORY 70 O.S. 2021, Section 3 -140, is
amended to read as follows:
Section 3-140. A. Except for a charter school sponsored by the
State Board of Education, a A charter school with a brick-and-mortar
school site or sites shall enroll those stude nts whose legal
residence is within the boundaries of the schoo l district in which
the charter school is located and who submit a timely application,
or those students who transfer to the district in which the charter
school is located in accordance with S ection 8-103 or 8-104 of this
title, unless the number of appli cations exceeds the capacity of a
program, class, grade level, or building. Students who reside in a
school district where a charter school is located shall not be
required to obtain a transfe r in order to attend a charter school in
the school district of residence. If capacity is insufficient to
enroll all eligible students, the charter school shall select
students through a lottery selection process. Except for a charter
school sponsored by the State Board of Education, a A charter school
shall give enrollment preference to eligible students who reside
within the boundaries of the school district in which the charter
school is located. Except for a charter school sponsored by the
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State Board of Education, a charter school created after November 1,
2010, shall give enrollment preference to eligible students who
reside within the boundaries of the school district in which the
charter school is located and who attend a school site that has been
identified as in need of improvement by the State Board of Educ ation
pursuant to the Elementary and Secondary Education Act of 1965, as
amended or reauthorized. A charter school may limit admission to
students within a given age group or grade level. A charter school
sponsored by the State Board of Education Statewide Charter School
Board when the applicant of the charter school is the Office of
Juvenile Affairs shall limit admission to youth that are in the
custody or supervision of the Office of Juveni le Affairs.
B. Except for a charter school sponsored by the Sta te Board of
Education, a A charter school shall admit students who reside in the
attendance area of a school or in a school district that is u nder a
court order of desegregation or that is a p arty to an agreement with
the United States Department of Educat ion Office for Civil Rights
directed towards mediating alleged or proven racial discrimination
unless notice is received from the resident sch ool district that
admission of the student would v iolate the court order or agreement.
C. A charter school may de signate a specific geographic area
within the school district in which the charter school is located as
an academic enterprise zone and may li mit admissions to students who
reside within that area. An academic enterprise zone shall be a
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geographic area in which sixty percent (60%) or more of the children
who reside in the area qualify for the free or reduced school lunch
program.
D. Except as provided in subsections B and C of this section, a
charter school or statewide virtual charter school shall not limit
admission based on ethnicity, national origin, gender, income level,
disabling condition, proficiency in the English language, measures
of achievement, aptitude, or athletic ability.
E. A sponsor of a charter school The Statewide Charter School
Board shall not restrict the number of students a charter school or
statewide virtual charter school may enroll. The capacity of the a
charter school with a brick-and-mortar school site or sites shall be
determined annually quarterly by the governing board of t he charter
school based on the ability of the charter school to facilitate the
academic success of the students, to achieve the other objectives
specified in the charter contract and to ensure that the student
enrollment does not exceed the capacity of its facility or site
pursuant to the provisions of Section 8-101.2 of this title.
F. Beginning July 1, 2023, each statewide virtual charter
school which has been approved and sponsored by the Statewide
Charter School Board or any statewide virtual charter school for
which the Board has assumed sponsorship as provided for in Section 1
of this act shall be considered a statewide virtual charter school
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and the geographic boundaries of each statewide virtual charter
school shall be the borders of the state.
G. Beginning July 1, 202 3, students enrolled full-time in a
statewide virtual charter school sponsored by the Statewide Charter
School Board shall not be authoriz ed to participate in any
activities administered by the Oklahoma Secondary Schools Activities
Association. However, t he students may participate in intramural
activities sponsored by a statewide virtual charter school, an
online provider for the statewide virtual charter school, or any
other outside organization.
H. 1. Beginning July 1, 2023, a public school student who
wishes to enroll in a statewide virtual charter school shall be
considered a transfer student from his or her resident school
district. A statewide virtual charter school shall pre-enroll any
public school student whose parent or legal guardian expresses
intent to enroll in the school. Upon pre-enrollment, the State
Department of Education shall initiate a tr ansfer on a form to be
completed by the receiving statewide virtual charter school. Upon
approval of the receiving statewide virtual charter school, the
student may begin instructional activities. Up on notice that a
public school student has tran sferred to a statewide virtual charter
school, the resident school dist rict shall transmit the records of
the student within three (3) school days.
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2. The State Department of Education shall notify the Oklahoma
Legislature and Governor if it determines tha t the information
technology infrastructure nec essary to process the transfer of
students to a statewide virtual charter school is inadequate and
additional time 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, a public school student shall not be
permitted to transfer to any other statewide virtual cha rter school
without the concurrence of both th e resident school district and the
receiving statewide virtual charter school. A student shall have a
grace period of fifteen (15) school days from the first day of
enrollment in a statewide virtual charter school to wi thdraw without
academic penalty and shall cont inue to have the option of one
statewide virtual charter school tran sfer without the concurrence of
both schools during that same school year. A statewide virtual
charter school student that has utilized the allowable one transfer
pursuant to this subsection shal l not be permitted to transfer to
another district or othe r statewide virtual charter school without
first notifying his or her resident district and initiating a new
transfer. Upon cancellation of a transfer , the statewide virtual
charter school shall transmit the records of the student to the new
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school district of the student within three (3) school days.
Students enrolled in a statewide virtual charter school shall not be
required to submit a statewide virtual charter school transfer for
consecutive years of enrollment. Any stude nt enrolled in a
statewide virtual charter school the year prior to the
implementation of this section shall not be required to submit a
transfer in order to remain enroll ed.
I. 1. Beginning July 1, 2023, a student shall be eligible to
enroll in a statewide virtual charter school sponsored by the
Statewide Charter School Board pursuant to Section 1 of this act if
he or she is a student whose parent or legal guardian is transferred
or is pending transfer to a military installation within this state
while on active military duty pursuant to an official militar y
order.
2. A statewide virtual charter school shall accept applications
by electronic means for enrollment and c ourse registration for
students described in paragraph 1 of this subsection.
3. The parent or legal guardian of a student described in
paragraph 1 of this subsection shall provide proof of residence in
this state within ten (10) days after the published a rrival date
provided on official documentation. A parent or legal guardian may
use one of the following addresses as proof of residence:
a. a temporary on-base billeting facility,
b. a purchased or leased home or apartment, or
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c. federal government or p ublic-private venture off-base
military housing.
4. The provisions of paragraph 3 of subsection H of this
section shall apply to students described in paragraph 1 of this
subsection.
5. For purposes of this subsection:
a. "active military duty" means full-time military duty
status in the active uniformed service of the United
States including members of the National Guard and
Military Reserve on active duty orders, and
b. "military installation " means a base, camp, post,
station, yard, center, homeport facility for any ship ,
or other installation under the jurisdiction of the
Department of Defense or the United States Coast
Guard.
SECTION 10. AMENDATORY 70 O.S. 2021, Section 3 -142, is
amended to read as follows:
Section 3-142. A. The student membership and attendance of the
a charter school or statewide virtual charte r school shall be
considered separate from the student membership and attendance of
the sponsor for the purpose of cal culating enrollment and funding
including 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. A charter school or statewide virtual charter school
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shall receive the State Aid allocation, federal funds to which it is
eligible and qualifies for , and any other state-appropriated revenue
generated by its stu dents for the applicable year. Not more than
three percent (3%) of the State Aid allocation may be charged by the
sponsor as a fee for administrative services rendere d. The State
Board Department of Education shall determine the policy and
procedure for making payments to a charter school or statewide
virtual 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 The Statewide
Charter School Board shall not charge any additional State Aid
allocation or charge the charter school or statewide virtual charter
school any additional a fee above the amounts allo wed by this
subsection unless the additional fees are for additional
administrative or other services rendered. The charter school
sponsor shall provide to the State Department of Education financial
records documenting any state funds charged by the sponsor for
administrative servi ces rendered for the previous year.
B. 1. The weighted average daily membership for the first year
of operation of a charter school shall be determined initially by
multiplying the actual en rollment of students as of August 1 by
1.333. The charter schoo l shall receive revenue equal to that which
would be generated by the estimated weighted average daily
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membership calculated pursuant to this paragraph. At midyear, the
allocation for the cha rter 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 da ily
membership pursuant to Section 18 -201.1 of this title and State Aid
pursuant to Section 18-200.1 of this title, the weighted average
daily membership for the first year of operation of a full-time
statewide virtual charter school sponsored by the State wide Virtual
Charter School Board shall be determined by multiplying the actual
enrollment of students as of August 1 by 1.333. The full-time
statewide virtual charter school shall receive revenue equal to that
which would be generated by the estimated weighte d average daily
membership calculated pursuant to this paragraph. At midyear, the
allocation for the full-time statewide virtual charter school shall
be adjusted using the first quarter weighted average daily
membership for the statewide virtual charter school calculated
pursuant to subsection A of this section .
C. Except as explicitly authorized by state law, a charter
school or statewide virtual charter school shall not be eligible to
receive state-dedicated, local, or county revenue; provided, a
charter school or statewide virtual charter school may be eligible
to receive any other aid, grants, or revenues allowed to other
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schools. A charter school or statewide virtual charter school shall
be considered a local education agency for purposes of funding.
D. Any unexpended funds received by a charter school or
statewide virtual charter school may be reserved and used for future
purposes. The governing body board of a charter school or statewide
virtual charter school shall not levy taxes or issue bonds. If
otherwise allowed by law, the governing body board of a charter
school or statewide virtual charter school may enter into private
contracts for the purposes of borrowing money from lenders. If the
governing body board of the charter school or statewide virtual
charter school borrows money, the charter school or statewide
virtual charter school shall be solely responsible for repaying the
debt, and the state or the sponsor Statewide Charter School Board
shall not in any way be responsible or obligated to repay the debt.
E. Any charter school or statewide virtual charter school which
chooses 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 Scho ol Closure Reimbursement
Revolving Fund created i n subsection G of this section an amount
equal to Five Dollars ($5.00) per student based on average daily
membership, as defined by paragraph 2 of Section 18-107 of this
title, during the first nine (9) week s 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 Doll ars ($1,000,000.00) or more on July 1, no
payment shall be required the following school year.
G. There is hereby created in the State Treasury a revolving
fund for the State Department of Education Statewide Charter School
Board to be designated the "Charter School Closure Reimbursement
Revolving Fund". The fund shall be a conti nuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the State Department of Education Statewide Charter School Board
from charter schools as provided in subsection F of this section.
All monies accruing to t he credit of said fund are hereb y
appropriated and may be budgeted and expended by the State
Department of Education Statewide Charter School Board for the
purpose of reimbursing charter school sponsors for costs paying for
expenditures incurred due to the clo sure of a charter school.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director of the Office of Management and Enterprise Services for
approval and payment. The State Department of Education may
promulgate rules regarding sponsor eligibility for reimbursement.
SECTION 11. AMENDATORY 70 O.S. 2021, Section 3-143, is
amended to read as follows:
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Section 3-143. The State Board of Education Statewide Charter
School Board shall issue an annual report to the Legislature and the
Governor outlining the status of charter schools and statewide
virtual charter schools in the state. Each charter school and
statewide virtual charter school shall annually file a report with
the Office of Accountability. The report Statewide Charter School
Board that shall include such information as requested by the Office
of Accountability, Board including but not limited to information o n
enrollment, testing, curriculum, f inances, and employees.
SECTION 12. AMENDATORY 70 O.S. 2021, Section 3 -144, is
amended to read as follows:
Section 3-144. A. There is hereby created in the State
Treasury a fund to be designate d the "Charter Schools Incentive
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies appropriated by
the Legislature, gifts, grants, devi ses, and donations from an y
public or private source. The State Department of Education
Statewide Charter School Board shall administer the fun d for the
purpose of providing financial support to c harter school and
statewide virtual charter school applicants and charter schools and
statewide virtual charter schools for start-up costs and costs
associated with renovati ng or remodeling existing buildings and
structures for use by a charter school. The State Department of
Education Statewide Charter School Board is authorized to allocate
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funds on a per-pupil basis for purposes of p roviding matching funds
for the federal State Charter School Facilities Incentive Grants
Program created pursuant to the No Child Left Behind A ct, 20 USCA,
Section 7221d.
B. The State Board of Educatio n Statewide Charter School Board
shall adopt rules to implement the provisions of this section,
including application and notification requirements.
SECTION 13. AMENDATORY 70 O.S. 2 021, Section 3-145.5, is
amended to read as follow s:
Section 3-145.5 A. Notwithstanding any other prov ision of law,
beginning July 1, 2014, no school district shall offer full-time
virtual education to students who are not residents of the sch ool
district or enter into a statewide virtual charter school contract
with a provider to provide f ull-time virtual education to students
who do not reside withi n the school district boundaries.
B. Effective July 1, 2014, the Statewide Virtual Charter School
Board shall succeed to any contractual rights and responsibilities
incurred by a school distric t in a virtual charter sch ool contract
executed prior to Janua ry 1, 2014, with a provider to provide full-
time virtual education to students who do not reside within t he
school district boundaries. All property, equipment, supp lies,
records, assets, curre nt and future liability, e ncumbrances,
obligations and indebte dness associated with the contract shall be
transferred to the Statewide Virtual Charter School Board.
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Appropriate conveyances and other documents shall be executed to
effectuate the transfer o f any property associated with the
contract. Upon succession of the contract, the Board shall assume
sponsorship of the virtual charter school for the remainder of th e
term of the contract. Prior to the end of the current term of the
contract, the Board shall allow the provider o f the virtual charter
school to apply for renewal of the contract with the Board in
accordance with the renewal procedures established pursua nt to
Section 3-145.3 of this title.
SECTION 14. AMENDATORY 70 O.S. 2021, Section 3-145.7, is
amended to read as follows:
Section 3-145.7 There A. Until July 1, 2023, there is hereby
created in the State Treasury a revolving fund for the Statewide
Virtual Charter School Board to be designated the "Statewide Virtual
Charter School Board Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Statewide Virtual Charter
School Board 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 ma y be budgeted and expended by th e
Statewide Virtual Charter School Board for the purpose of supporting
the mission of the Statewide Virtual Charter School Board.
Expenditures from the fund shal l be made upon warrants issued by the
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State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
B. On July 1, 2023, the Statewide Virtual Charter School Board
shall transfer any unencumbered funds in the Statewide Virtual
Charter School Board Revolving Fund to the Statewide Charter School
Board Revolving Fund created pursuant to Section 3 of this act. Any
funds which are unexpended on Ja nuary 1, 2024, shall be transferred
to the Statewide Charter School Board R evolving Fund.
SECTION 15. AMENDATORY 70 O.S. 2021, S ection 3-145.8, is
amended to read as follows:
Section 3-145.8 A. It shall be the duty of each statewide
virtual charter scho ol approved and sponsored by the Statewide
Virtual School Board pursuant to the provisions of Section 3 -145.3
of Title 70 of the Oklahoma Statutes Statewide Charter School Board
to keep a full and compl ete record of the attendance of all students
enrolled in the statewide virtual charter school in one of the
student information systems approved by the State Department o f
Education and locally selected by the statewide virtual charter
school from the approved list.
B. By July 1, 2020, the governing body board of each statewide
virtual charter school shall adopt an attendance policy. The policy
may allow attendance to be a proportional amount of the re quired
attendance policy provision s based upon the date of enrollment of
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the student. The attendance policy shall include the following
provisions:
1. The first date of attendance and membership shall be the
first date the student completes an instructio nal activity.;
2. A student who at tends a statewide virtual charter school
shall be considered in attendanc e 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 statewide
virtual charter school, or
c. completes no less than seventy -two instructional
activities within the quarter of the academic year .;
and
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 prop ortional to the
percentage of the course that has been completed, or
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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
assignments that are used to record a grade for a student that is
factored into the student 's grade for the semester during which the
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 pursuant to the
provisions of Section 3 -145.3 of this title Statewide Charter School
Board shall offer a student orientation, notify the parent or legal
guardian and each student who enrolls in that school of the
requirement to participate in the student orientation, and require
all students enrolled to complete the student orientation prior to
completing any other instructional activity. The Statewide Virtual
Charter School Board 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 statewide 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.
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F. A student who is reported for truancy two times in the same
school year shall be withdrawn and prohibited from enrol ling in the
same statewide virtual charter school for the remainder of the
school year.
G. The governing body board of each statewide virtual chart er
school shall develop, adopt, and post on the school 's website a
policy regarding consequences for a stude nt's failure to attend
school and complete in structional activities. The policy shall
state, at a minimum, that if a student fails to consistently attend
school and complete instructional activities af ter 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 withdrawa l 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 statewide
virtual charter school shall immediately notify the student 's
resident district in writing of the st udent'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 3-140 of this title.
J. The Statewide Virtual Charter School Board may promulgate
rules to implement the provisions of this se ction.
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SECTION 16. AMENDATORY 70 O.S. 2021, 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 sta te shall make a minimum of four
advanced placement courses available to students.
B. Local School district boards of education in each district
shall be responsible for ensuring annually that all high school
students have access to advanced placement cour ses beginning in the
2024-2025 school year. Such access may be provided through
enrollment in courses offer ed through:
1. A school site or sites within the district;
2. A career and technology institution technology center school
within the district;
3. A An online learning program offered by the Statewide
Virtual Charter School Board or one of its vendors; or
4. A school site or sites in another school district.
C. The Statewide Virtual Charter School Board shall maintain an
online learning platform to provide high quality online learning
opportunities for Oklahoma students that are aligned with the
subject matter standards adopted by the State Board of Education
pursuant to Section 11-103.6 of Title 70 of the Oklahoma Statutes
this title. The Board shall implement online courses, with an
emphasis on science, technology, engineering , and math (STEM)
courses, foreign language courses, and advanced placement courses.
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The online platform shall be a vailable to all Oklahoma school
districts.
D. The State Department of Education shall provide information
to all local boards of education, to be distributed to th eir
students and parents, on available opportunities and the enrollment
process for students to take advanced placement cour ses. The
information shall explain the value of advanced placement courses in
preparing students for postse condary-level coursework, enabling
students to gain access to postsecondary opportunities, and
qualifying for schola rships and other financial aid o pportunities.
E. The State Department of Education shall retain records of
which options outlined in subsec tion 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 17. REPEALER 70 O.S. 2021, Sections 3-132, 3-
135, 3-145.1, 3-145.2, 3-145.3, and 3-145.4 are hereby repealed.
SECTION 18. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, and 17 of this act shall become effective July 1, 2023.
SECTION 19. Sections 1, 2, and 3 of this act shall become
effective July 1, 2022.
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SECTION 20. It being immediately necessary for the p reservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dat ed 03/02/2022
- DO PASS, As Amended.