41 | 50 | | |
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42 | 51 | | An Act relating to schools; amending 70 O.S. 20 21, |
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43 | 52 | | Sections 3-135, 3-136, 3-137, and 3-142, which relate |
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44 | 53 | | to the Oklahoma Charter Schools Act; requiring |
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45 | 54 | | charter school to provi de certain notice to sponsor; |
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46 | 55 | | directing sponsor to use performance framework for |
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47 | 56 | | charter school evaluation; authorizing development of |
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48 | 57 | | certain separate fram ework; adding minimum |
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49 | 58 | | requirements for framework; mandating annual |
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50 | 59 | | evaluation; directing presentatio n of results to |
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51 | 60 | | certain governing boards; defining term; subjecting |
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52 | 61 | | charter school to certain spending limitations; |
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53 | 62 | | directing charter school governing board to comply |
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54 | 63 | | with certain acts; subjecting charter school sponsor |
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55 | 64 | | governing board to certain conflict of interest |
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56 | 65 | | requirements; requiring charter school governing |
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57 | 66 | | board to comply with ce rtain instruction and |
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58 | 67 | | continuing education requirements; modifying |
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59 | 68 | | procedures for charter school contracts; permitting |
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60 | 69 | | sponsor to require charter school to develop a |
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61 | 70 | | corrective action plan; authorizing nonre newal of |
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62 | 71 | | contract in certain cases; specifying ho w sponsor fee |
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63 | 72 | | should be used; requiring sponsor to publish certain |
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64 | 73 | | report on its website; mandating sponsor to present |
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65 | 74 | | report in public meeting; providing content for |
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66 | 75 | | report; requiring sponsor board members t o complete |
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67 | | - | sponsor workshop requirement; amending 70 O.S. 2021, |
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68 | | - | Section 5-200, which relates to management |
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69 | | - | organizations; adding definition for charter |
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70 | | - | management organization; requiring amounts paid to |
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71 | | - | certain organizations be pursuant to contract terms; |
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72 | | - | mandating disclosure pursuant to certain guideli nes; |
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73 | | - | amending 70 O.S. 2021, Section 18-124, which relates |
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74 | | - | to limitations on admini strative services |
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| 103 | + | sponsor workshop requirement; amending 70 O.S. 2021, |
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| 104 | + | Section 5-200, which relates to management |
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| 105 | + | organizations; adding definition for charter |
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| 106 | + | management organization; requiring amounts paid to |
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| 107 | + | certain organizations be pursuant to contract terms; |
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| 108 | + | mandating disclosure pursuant to certain guideli nes; |
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| 109 | + | amending 70 O.S. 2021, Section 18-124, which relates |
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| 110 | + | to limitations on admini strative services |
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101 | 111 | | expenditures; providing applicability of limitation |
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102 | 112 | | to certain charter school s; clarifying calculation |
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103 | 113 | | for specified schools; modifying definition; |
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104 | 114 | | providing for codification; providing an effective |
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105 | 115 | | date; and declaring an emergency . |
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106 | 116 | | |
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107 | 117 | | |
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108 | 118 | | |
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109 | 119 | | |
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110 | 120 | | |
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111 | 121 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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112 | 122 | | SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -135, is |
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113 | 123 | | amended to read as follows: |
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114 | 124 | | Section 3-135. A. The sponsor of a charter school s hall enter |
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115 | 125 | | into a written contract with the governing body board of the charter |
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116 | 126 | | school. The contract shall incorporate the prov isions of the |
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117 | 127 | | charter of the charter school and contain, but shall not be limited |
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118 | 128 | | to, the following provisions: |
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119 | 129 | | 1. A description of the program to be offered by the school |
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120 | 130 | | which complies with the purposes outlined in Section 3 -136 of this |
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121 | 131 | | title; |
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122 | 132 | | 2. Admission policies and procedures; |
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123 | 133 | | 3. Management and administration of the charter school, |
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124 | 134 | | including that a majority of the charter governing board members are |
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125 | 135 | | residents of the State of Oklahoma and meet no less than quarterly |
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156 | 167 | | 4. Requirements and procedures for program and financial |
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157 | 168 | | audits; |
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158 | 169 | | 5. A description of how the charter school will comply with the |
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159 | 170 | | charter requirements set forth in t he Oklahoma Charter Schools Act; |
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160 | 171 | | 6. Assumption of liability by the charter school; |
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161 | 172 | | 7. The term of the contract; |
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162 | 173 | | 8. A description of the high standards of expectation and rigor |
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163 | 174 | | for charter school plans and assurance that charter school plans |
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164 | 175 | | adopted meet at least those standards; |
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165 | 176 | | 9. Policies that require that the charter schoo l be as equally |
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166 | 177 | | free and open to all students as traditional public schools; |
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167 | 178 | | 10. Procedures that require students enrolled in the charter |
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168 | 179 | | school to be selected by lottery to ensure fairness if more students |
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169 | 180 | | apply than a school has the capacity to accommod ate; |
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170 | 181 | | 11. Policies that require the charter school to be subject to |
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171 | 182 | | the same academic standard s and expectations as existing public |
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172 | 183 | | schools; and |
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173 | 184 | | 12. A description of the requiremen ts and procedures for the |
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174 | 185 | | charter school to receive funding in accordance w ith statutory |
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175 | 186 | | requirements and guidelines for existing public schools ; and |
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206 | 218 | | organization or charter management organization with which the |
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207 | 219 | | charter school has a contract . |
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208 | 220 | | B. A charter school shall not enter into an employment contract |
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209 | 221 | | with any teacher or oth er personnel until the charter school has a |
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210 | 222 | | contract with a spons oring school district. The em ployment contract |
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211 | 223 | | shall set forth the personnel policies of the charter school, |
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212 | 224 | | including, but not limited to, policies related to certification, |
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213 | 225 | | professional development evaluation, suspension, dismissal and |
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214 | 226 | | nonreemployment, sick leave, personal business leave, emergency |
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215 | 227 | | leave, and family and medical leave. The contract shall also |
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216 | 228 | | specifically set forth the salary, hours, fringe benefits, and work |
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217 | 229 | | conditions. The contract may provide for employer-employee |
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218 | 230 | | bargaining, but the charter school shall not be r equired to comply |
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219 | 231 | | with the provisions of Sections 509.1 through 509.10 of this title. |
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220 | 232 | | The contract shall conform to all applicable provisions set forth in |
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221 | 233 | | Section 3-136 of this title. |
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222 | 234 | | Upon contracting with any teacher or othe r personnel, the |
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223 | 235 | | governing body board of the charter school shall, in writing, |
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224 | 236 | | disclose employment rights of the emp loyees in the event the charter |
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225 | 237 | | school closes or the charter is not renewed . |
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256 | 269 | | conditions to monitor the start-up progress of newly ap proved |
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257 | 270 | | charter schools and ens ure that each school is prepared to open |
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258 | 271 | | smoothly on the date agreed and to ensure tha t each school meets all |
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259 | 272 | | building, health, safety, insurance and other legal requirements for |
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260 | 273 | | the opening of a school. |
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261 | 274 | | C. The performance pr ovisions within the charter co ntract shall |
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262 | 275 | | be based on a performance framework that clearly sets forth the |
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263 | 276 | | academic and operational performance indicators , measures and |
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264 | 277 | | metrics that will guide the evaluations of the shall be used by |
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265 | 278 | | charter school sponsors to evaluate their respective charter school |
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266 | 279 | | by the sponsor schools. The sponsor may develop a separate |
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267 | 280 | | performance framework to evaluate a charter school that has been |
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268 | 281 | | designated by the Sta te Department of Education as implementing an |
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269 | 282 | | alternative education program throughout the char ter school. The |
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270 | 283 | | sponsor shall require a charter school to submit the data required |
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271 | 284 | | in this section in the identical format that is required by the |
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272 | 285 | | State Department of Education of all public schools in order to |
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273 | 286 | | avoid duplicative administrative efforts or allow a charter school |
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274 | 287 | | to provide permission to the Department to share all required d ata |
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275 | 288 | | with the sponsor of the charter school. The performance framework |
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306 | 320 | | 2. Student academic growth; |
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307 | 321 | | 3. Achievement gaps in both proficiency and growth between |
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308 | 322 | | major student subgroups; |
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309 | 323 | | 4. Student attendance; |
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310 | 324 | | 5. Recurrent enrollment from year to year as determined by the |
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311 | 325 | | methodology used for public schools in Oklahoma; |
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312 | 326 | | 6. In the case of high schools, graduatio n rates as determined |
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313 | 327 | | by the methodology used for public schools in Oklahoma; |
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314 | 328 | | 7. In the case of high schools, postsecondary readiness; |
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315 | 329 | | 8. Financial performance and sustainability and compliance with |
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316 | 330 | | state and Internal Revenue Service financial reporting requirements; |
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317 | 331 | | and |
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318 | 332 | | 9. Audit findings or deficiencies; |
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319 | 333 | | 10. Accreditation and timely reporting; and |
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320 | 334 | | 11. Governing board performance and stewardship, including |
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321 | 335 | | compliance with all ap plicable laws, regulations and terms of the |
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322 | 336 | | charter contract. |
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323 | 337 | | The sponsor shall annually evaluate its charter schools according to |
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324 | 338 | | the performance framework. The results of the evaluation shall be |
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361 | | - | may hold one or more charter contract s. Each charter school |
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362 | | - | district that is part of a charter contract shall be considered a |
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363 | | - | local educational agency, as defined in 20 U.S.C. Section 7801, and |
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364 | | - | shall be separate and distinct from any other charter school under |
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365 | | - | the same charter contract district. For the purposes of this |
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366 | | - | subsection, "separate and distinct " shall mean that a charter school |
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367 | | - | governing board with oversight of m ore than one charter district |
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368 | | - | shall not combine accounting, budgeting, recordkeeping, admissions, |
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369 | | - | employment, or policies and operational decisions of t he charter |
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370 | | - | schools it oversees. |
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| 375 | + | may hold one or more charter contract s. Each charter schoo l that is |
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| 376 | + | part of a charter contract shall be separate and distinct from any |
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| 377 | + | other charter school under the same charte r contract. For the |
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| 378 | + | purposes of this subsection, "separate and distinct " shall mean that |
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| 379 | + | a charter school governing board with oversight of m ore than one |
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| 380 | + | charter school shall not combine accounting, budgeting, |
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| 381 | + | recordkeeping, admissions, employment , or policies and operational |
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| 382 | + | decisions of the charter school s it oversees. |
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371 | 383 | | SECTION 2. AMENDATORY 70 O.S. 2021, Section 3 -136, is |
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372 | 384 | | amended to read as follows: |
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373 | 385 | | Section 3-136. A. A charter school shall adopt a charter which |
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374 | 386 | | will ensure complianc e with the following: |
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375 | 387 | | 1. A charter school shall comply with all federal regulat ions |
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376 | 388 | | and state and local rules and statutes relating to h ealth, safety, |
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377 | 389 | | civil rights and insurance. By January 1, 2000, the State |
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405 | 418 | | statutes which a charter school must comply with as requir ed by this |
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406 | 419 | | paragraph and shall annually provide an update to the list; |
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407 | 420 | | 2. A charter school shall be nonsectarian in its programs, |
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408 | 421 | | admission policies, employment practices, and all other operations. |
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409 | 422 | | A sponsor may not authorize a charter school or program that is |
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410 | 423 | | affiliated with a nonpublic sectarian school or r eligious |
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411 | 424 | | institution; |
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412 | 425 | | 3. The charter school may provide a comprehensive program of |
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413 | 426 | | instruction for a prekindergarten p rogram, a kindergarten progr am or |
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414 | 427 | | any grade between grades one and twelve. Inst ruction may be |
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415 | 428 | | provided to all persons between the ages of four (4) and twenty-one |
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416 | 429 | | (21) years of age. A charter school may offer a curriculum which |
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417 | 430 | | emphasizes a specific learn ing philosophy or style or c ertain |
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418 | 431 | | subject areas such as mathematics, science, f ine arts, performance |
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419 | 432 | | arts, or foreign language. The cha rter of a charter school which |
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420 | 433 | | offers grades nine through twelve shall specifically address whether |
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421 | 434 | | the charter school will comply with the graduat ion requirements |
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422 | 435 | | established in Section 11 -103.6 of this title. No charter school |
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423 | 436 | | shall be chartered for the purpose of offering a curriculum for deaf |
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424 | 437 | | or blind students that is the same or similar to the curriculum |
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425 | 438 | | being provided by or for educating deaf or blind students that are |
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426 | 439 | | being served by the Oklah oma School for the Blind or the Oklahoma |
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427 | 440 | | School for the Deaf; |
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454 | 468 | | 4. A charter school shall participate in the testing as |
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455 | 469 | | required by the Oklahoma School Testing Program Act and t he |
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456 | 470 | | reporting of test results as is required of a school district. A |
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457 | 471 | | charter school shall also provide any necessary data to the Office |
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458 | 472 | | of Accountability; |
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459 | 473 | | 5. Except as otherwise provided for in the Oklahoma Charter |
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460 | 474 | | Schools Act and its charter, a charter s chool shall be exempt from |
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461 | 475 | | all statutes and rules relating to schools, boards of education, and |
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462 | 476 | | school districts; |
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463 | 477 | | 6. A charter school , to the extent possible, shall be subject |
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464 | 478 | | to the same reporting requirements, financial audits, audit |
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465 | 479 | | procedures, and audit requirements as a school district. The State |
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466 | 480 | | Department of Education or Stat e Auditor and Inspector may conduct |
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467 | 481 | | financial, program, o r compliance audits. A charter school shall |
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468 | 482 | | use the Oklahoma Cost Accounting System to report financial |
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469 | 483 | | transactions to the sponsoring school dist rict or sponsor. The |
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470 | 484 | | charter school shall be subjec t to the limitations on spending , |
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471 | 485 | | including provisions of the Oklahoma Constitution for any funds |
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472 | 486 | | received from the state, either through the State Department of |
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473 | 487 | | Education or other sources; |
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474 | 488 | | 7. A charter school shall comply with all federal and state |
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475 | 489 | | laws relating to the education of children with disabilities in the |
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476 | 490 | | same manner as a school district; |
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502 | 517 | | |
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503 | 518 | | 8. A charter school shall provide for a governing body board |
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504 | 519 | | for the school which shall be responsible for the policies and |
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505 | 520 | | operational decisions of the chart er school; |
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506 | 521 | | 9. A charter school shall not be used as a method of generating |
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507 | 522 | | revenue for students who are being home schooled and are not being |
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508 | 523 | | educated at an organized charter school site; |
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509 | 524 | | 10. A charter school may shall not charge tuition or fees; |
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510 | 525 | | 11. A charter school shall provide instruction each year for at |
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511 | 526 | | least the number of days or hours required in Section 1-109 of this |
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512 | 527 | | title; |
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513 | 528 | | 12. A charter school shall comply with the student suspension |
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514 | 529 | | requirements provided for in Section 24 -101.3 of this title; |
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515 | 530 | | 13. A charter school shall be considered a school district for |
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516 | 531 | | purposes of tort liability under The Governmental Tort Claims Act; |
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517 | 532 | | 14. Employees of a charter school may parti cipate as members of |
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518 | 533 | | the Teachers' Retirement System of Oklahoma in accorda nce with |
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519 | 534 | | applicable statutes and rules if otherwise allowed pursuant to law; |
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520 | 535 | | 15. A charter school may participate in all health and related |
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521 | 536 | | insurance programs available to the empl oyees of the sponsor of the |
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522 | 537 | | charter school; |
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523 | 538 | | 16. A charter school and charter school governing board shall |
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524 | 539 | | comply with the Oklahoma Open Meeting Ac t and the Oklahoma Open |
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525 | 540 | | Records Act; |
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551 | 567 | | |
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552 | 568 | | 17. The governing body board of a charter school and the |
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553 | 569 | | governing board of a charter school sponsor shall be subject to the |
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554 | 570 | | same conflict of inte rest requirements as a member of a local school |
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555 | 571 | | board including, but not limited to, Sections 5-113 and 5-124 of |
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556 | 572 | | this title; and |
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557 | 573 | | 18. Members of the charter school governing board shall be |
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558 | 574 | | subject to the same instruction and continuing education |
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559 | 575 | | requirements as a member of a local school board and pursuant to |
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560 | 576 | | Section 5-110 of this title shall complete twelve (12) hours of |
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561 | 577 | | instruction within fifteen (15) months of appointment to the |
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562 | 578 | | governing board and pursuant to Section 5-110.1 of this title shall |
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563 | 579 | | attend continuing education; and |
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564 | 580 | | 19. No later than September 1 of each year, the governing board |
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565 | 581 | | of each charter school formed pursuant to the Oklahoma Charter |
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566 | 582 | | Schools Act shall prepare a statement of actual income and |
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567 | 583 | | expenditures for the charter school for the fiscal year that ended |
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568 | 584 | | on the preceding June 30, in a manner compliant w ith Section 5-135 |
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569 | 585 | | of this title. The statement of expenditures shall include |
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570 | 586 | | functional categories as defined in rules adopted by the State Board |
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571 | 587 | | of Education to implement the Oklahoma Cost Accounting System |
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572 | 588 | | pursuant to Section 5-145 of this title. Chart er schools shall not |
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573 | 589 | | be permitted to submit estimates of expenditures or prorated amounts |
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574 | 590 | | to fulfill the requirements of this paragraph. |
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600 | 617 | | |
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601 | 618 | | B. The charter of a charter school shall include a description |
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602 | 619 | | of the personnel poli cies, personnel qualifications, an d method of |
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603 | 620 | | school governance, and the specific role and duties of the sponsor |
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604 | 621 | | of the charter school. |
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605 | 622 | | C. The charter of a charter school may be amend ed at the |
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606 | 623 | | request of the governing body board of the charter school and upon |
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607 | 624 | | the approval of the sponsor. |
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608 | 625 | | D. A charter school may enter into contracts and sue and be |
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609 | 626 | | sued. |
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610 | 627 | | E. The governing body board of a charter school may shall not |
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611 | 628 | | levy taxes or issue bonds. |
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612 | 629 | | F. The charter of a charter school shall include a provision |
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613 | 630 | | specifying the method or methods to b e employed for disposing of |
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614 | 631 | | real and personal property acquired by the charter school upon |
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615 | 632 | | expiration or termination of the charter or failure of the charter |
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616 | 633 | | school to continue operations. Except as otherwise provided, an y |
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617 | 634 | | real or personal property purcha sed with state or local funds shall |
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618 | 635 | | be retained by the sponsoring school district or sponsor of the |
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619 | 636 | | charter school. If a charter school that was prev iously sponsored |
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620 | 637 | | by the board of education of a school district continue s operation |
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621 | 638 | | within the school dist rict under a new charter sponsored by an |
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622 | 639 | | entity authorized pursuant to Section 3 -132 of this title, the |
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623 | 640 | | charter school may retain any personal propert y purchased with state |
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624 | 641 | | or local funds for use in the operation of the ch arter school until |
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650 | 668 | | |
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651 | 669 | | termination of the new charter or failure of the charter school to |
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652 | 670 | | continue operations. |
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653 | 671 | | SECTION 3. AMENDATORY 70 O.S. 2021, Section 3 -137, is |
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654 | 672 | | amended to read as follows: |
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655 | 673 | | Section 3-137. A. An The first approved contract for between a |
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656 | 674 | | charter school and its sponsor shall be effective for five (5) years |
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657 | 675 | | from the first day of operation. A chart er contract may be renewed |
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658 | 676 | | for successive five-year terms of duration, although the sponsor may |
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659 | 677 | | vary the term based on the performance, demonstrated capacit ies and |
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660 | 678 | | particular circumstances of each charter school. A sponsor may |
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661 | 679 | | grant renewal with specific conditions for necessary improvements to |
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662 | 680 | | a charter school. |
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663 | 681 | | B. Prior to the beginning of the fourth year of operation of a |
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664 | 682 | | charter school, the sponsor shall issue a charter school performance |
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665 | 683 | | report and charter renewal application guidance to the school an d |
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666 | 684 | | the charter school board. The performance repor t shall summarize |
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667 | 685 | | the performance record to date of the charter school, based on the |
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668 | 686 | | data required by the Oklahoma Charter Schools Act, the annual |
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669 | 687 | | performance framework evaluation, the operating agreement r eview if |
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670 | 688 | | the charter school contracts with an educ ational management |
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671 | 689 | | organization or charter management organization, and the charter |
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672 | 690 | | contract and taking in to consideration the percentage of at-risk |
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673 | 691 | | students enrolled in the school , and. The performance rep ort shall |
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674 | 692 | | provide notice of any weaknesses or, concerns, violations, or |
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675 | 693 | | |
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677 | 696 | | 2 |
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678 | 697 | | 3 |
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679 | 698 | | 4 |
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680 | 699 | | 5 |
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681 | 700 | | 6 |
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682 | 701 | | 7 |
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683 | 702 | | 8 |
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684 | 703 | | 9 |
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685 | 704 | | 10 |
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686 | 705 | | 11 |
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687 | 706 | | 12 |
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688 | 707 | | 13 |
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689 | 708 | | 14 |
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690 | 709 | | 15 |
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691 | 710 | | 16 |
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692 | 711 | | 17 |
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693 | 712 | | 18 |
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694 | 713 | | 19 |
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695 | 714 | | 20 |
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696 | 715 | | 21 |
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697 | 716 | | 22 |
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698 | 717 | | 23 |
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699 | 718 | | 24 |
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700 | 719 | | |
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701 | 720 | | deficiencies perceived by the sponsor concerning the charter school |
---|
702 | 721 | | that may jeopardize its position in seeking renewal if not timely |
---|
703 | 722 | | rectified. If there are weaknesses, concerns, violations, or |
---|
704 | 723 | | deficiencies the sponsor may require a charter school to develop a |
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705 | 724 | | corrective action plan and corresponding timeline t o remedy any |
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706 | 725 | | weaknesses, concerns, violations, or deficiencies. The If the |
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707 | 726 | | sponsor requires a corrective action plan, the charter school shall |
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708 | 727 | | have forty-five (45) days to respond to the performance report and |
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709 | 728 | | submit any corrections or clarifications for the report. If the |
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710 | 729 | | charter school does not substantially complete the corrective action |
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711 | 730 | | plan, the sponsor may choose not to renew t he charter contract |
---|
712 | 731 | | pursuant to the requirements of this section . |
---|
713 | 732 | | C. 1. Prior to the beginning of the fifth year of operation, |
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714 | 733 | | the charter school may appl y for renewal of the contract with the |
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715 | 734 | | sponsor. The renewal application guid ance shall, at a minimum, |
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716 | 735 | | provide an opportunity fo r the charter school to: |
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717 | 736 | | a. present additional evi dence, beyond the data contained |
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718 | 737 | | in the performance report, supporting its cas e for |
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719 | 738 | | charter renewal, |
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720 | 739 | | b. describe improvements undertak en or planned for the |
---|
721 | 740 | | school, and |
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722 | 741 | | c. detail the plan for the next charte r term for the |
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723 | 742 | | school. |
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724 | 743 | | |
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726 | 746 | | 2 |
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727 | 747 | | 3 |
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728 | 748 | | 4 |
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729 | 749 | | 5 |
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730 | 750 | | 6 |
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731 | 751 | | 7 |
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732 | 752 | | 8 |
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733 | 753 | | 9 |
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734 | 754 | | 10 |
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735 | 755 | | 11 |
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736 | 756 | | 12 |
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737 | 757 | | 13 |
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738 | 758 | | 14 |
---|
739 | 759 | | 15 |
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740 | 760 | | 16 |
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741 | 761 | | 17 |
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742 | 762 | | 18 |
---|
743 | 763 | | 19 |
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744 | 764 | | 20 |
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745 | 765 | | 21 |
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746 | 766 | | 22 |
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747 | 767 | | 23 |
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748 | 768 | | 24 |
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749 | 769 | | |
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750 | 770 | | 2. The renewal application guidance shall include or refer |
---|
751 | 771 | | explicitly to the criteria that will guide th e renewal decisions of |
---|
752 | 772 | | the sponsor, which shall be based on the performance f ramework set |
---|
753 | 773 | | forth in the charter contract and cons istent with the Oklahoma |
---|
754 | 774 | | Charter Schools Act. |
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755 | 775 | | D. The sponsor may deny the request for renewal if it |
---|
756 | 776 | | determines the charter scho ol has failed to complete the obligations |
---|
757 | 777 | | of the contract or comply with the provisions of the Oklahoma |
---|
758 | 778 | | Charter Schools Act. A sponsor shall give written notice of its |
---|
759 | 779 | | intent to deny the request for renewal at least eight (8) months |
---|
760 | 780 | | prior to expiration of the contract. In making charter renewal |
---|
761 | 781 | | decisions, a sponsor shall: |
---|
762 | 782 | | 1. Ground decisions on evidence of the performance of the |
---|
763 | 783 | | school over the term of the charter contract in a ccordance with the |
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764 | 784 | | performance framework set forth in the charter contract and shall |
---|
765 | 785 | | take into consideration the percentage of at -risk students enrolled |
---|
766 | 786 | | in the school; |
---|
767 | 787 | | 2. Grant renewal to schools that have achieved the standards, |
---|
768 | 788 | | targets and performance e xpectations as stated in the charter |
---|
769 | 789 | | contract and are organizationally and fis cally viable and have been |
---|
770 | 790 | | faithful to the terms of the contract and applicab le law; |
---|
771 | 791 | | 3. Ensure that data used in making renewal decisions are |
---|
772 | 792 | | available to the school and the pub lic; and |
---|
773 | 793 | | |
---|
775 | 796 | | 2 |
---|
776 | 797 | | 3 |
---|
777 | 798 | | 4 |
---|
778 | 799 | | 5 |
---|
779 | 800 | | 6 |
---|
780 | 801 | | 7 |
---|
781 | 802 | | 8 |
---|
782 | 803 | | 9 |
---|
783 | 804 | | 10 |
---|
784 | 805 | | 11 |
---|
785 | 806 | | 12 |
---|
786 | 807 | | 13 |
---|
787 | 808 | | 14 |
---|
788 | 809 | | 15 |
---|
789 | 810 | | 16 |
---|
790 | 811 | | 17 |
---|
791 | 812 | | 18 |
---|
792 | 813 | | 19 |
---|
793 | 814 | | 20 |
---|
794 | 815 | | 21 |
---|
795 | 816 | | 22 |
---|
796 | 817 | | 23 |
---|
797 | 818 | | 24 |
---|
798 | 819 | | |
---|
799 | 820 | | 4. Provide a public report summarizing the evidence used as the |
---|
800 | 821 | | basis for each decision. |
---|
801 | 822 | | E. If a sponsor denies a request f or renewal, the gover ning |
---|
802 | 823 | | board of the sponsor may, if requested by the charter school, |
---|
803 | 824 | | proceed to binding arbitration as provided for in subsection G of |
---|
804 | 825 | | Section 3-134 of this title. |
---|
805 | 826 | | F. A sponsor may terminate a contract during the term of the |
---|
806 | 827 | | contract for failure to meet the requirements for student |
---|
807 | 828 | | performance contained in the contract and performance framework , |
---|
808 | 829 | | failure to meet the standards of fiscal management, violations of |
---|
809 | 830 | | the law or other good cause. The sponsor shall give at least ninety |
---|
810 | 831 | | (90) days' written notice to the governing board prior to |
---|
811 | 832 | | terminating the contrac t. The governing board may request, in |
---|
812 | 833 | | writing, an informal hearing before the sponsor within fourteen (14) |
---|
813 | 834 | | days of receiving notice. The sponsor shall conduct an informal |
---|
814 | 835 | | hearing before taking action. If a sponsor decides to terminate a |
---|
815 | 836 | | contract, the governing board may, if requested by the charter |
---|
816 | 837 | | school, proceed to binding arbitration as provided for in subsection |
---|
817 | 838 | | G of Section 3-134 of this title. |
---|
818 | 839 | | G. 1. Beginning in the 2016-2017 school year, the State Board |
---|
819 | 840 | | of Education shall identify charter schoo ls in the state that are |
---|
820 | 841 | | ranked in the bottom five percent (5%) of all public schools as |
---|
821 | 842 | | determined pursuant to Section 1210.545 of this title. |
---|
822 | 843 | | |
---|
824 | 846 | | 2 |
---|
825 | 847 | | 3 |
---|
826 | 848 | | 4 |
---|
827 | 849 | | 5 |
---|
828 | 850 | | 6 |
---|
829 | 851 | | 7 |
---|
830 | 852 | | 8 |
---|
831 | 853 | | 9 |
---|
832 | 854 | | 10 |
---|
833 | 855 | | 11 |
---|
834 | 856 | | 12 |
---|
835 | 857 | | 13 |
---|
836 | 858 | | 14 |
---|
837 | 859 | | 15 |
---|
838 | 860 | | 16 |
---|
839 | 861 | | 17 |
---|
840 | 862 | | 18 |
---|
841 | 863 | | 19 |
---|
842 | 864 | | 20 |
---|
843 | 865 | | 21 |
---|
844 | 866 | | 22 |
---|
845 | 867 | | 23 |
---|
846 | 868 | | 24 |
---|
847 | 869 | | |
---|
848 | 870 | | 2. At the time of its charter renewal, based on an average o f |
---|
849 | 871 | | the current year and the two (2) prior operating years, a sponsor |
---|
850 | 872 | | may close a charter school site identified as being among the bottom |
---|
851 | 873 | | five percent (5%) of public schools in the state. The average of |
---|
852 | 874 | | the current year and two (2) pri or operating years sh all be |
---|
853 | 875 | | calculated by using the percentage ranking f or each year divided by |
---|
854 | 876 | | three, as determined by th is subsection. |
---|
855 | 877 | | 3. If there is a change to the calculation described in Sectio n |
---|
856 | 878 | | 1210.545 of this title that results in a charter schoo l site that |
---|
857 | 879 | | was not ranked in the bottom five percent (5%) being ranked in the |
---|
858 | 880 | | bottom five percent (5%), then the sponsor shall use the higher of |
---|
859 | 881 | | the two rankings to calculate the ranking of the chart er school |
---|
860 | 882 | | site. |
---|
861 | 883 | | 4. In the event that a sponsor fails to close a charter scho ol |
---|
862 | 884 | | site consistent with this subsection, the sponso r shall appear |
---|
863 | 885 | | before the State Board of Education to provide support for its |
---|
864 | 886 | | decision. The State Board of Education may, by ma jority vote, |
---|
865 | 887 | | uphold or overturn the decision of the spon sor. If the decision of |
---|
866 | 888 | | the sponsor is overturned by the State Board of Education, the Board |
---|
867 | 889 | | may implement one of the fol lowing actions: |
---|
868 | 890 | | a. transfer the sponsorship of the charter school |
---|
869 | 891 | | identified in this paragraph to another sponsor, |
---|
870 | 892 | | |
---|
872 | 895 | | 2 |
---|
873 | 896 | | 3 |
---|
874 | 897 | | 4 |
---|
875 | 898 | | 5 |
---|
876 | 899 | | 6 |
---|
877 | 900 | | 7 |
---|
878 | 901 | | 8 |
---|
879 | 902 | | 9 |
---|
880 | 903 | | 10 |
---|
881 | 904 | | 11 |
---|
882 | 905 | | 12 |
---|
883 | 906 | | 13 |
---|
884 | 907 | | 14 |
---|
885 | 908 | | 15 |
---|
886 | 909 | | 16 |
---|
887 | 910 | | 17 |
---|
888 | 911 | | 18 |
---|
889 | 912 | | 19 |
---|
890 | 913 | | 20 |
---|
891 | 914 | | 21 |
---|
892 | 915 | | 22 |
---|
893 | 916 | | 23 |
---|
894 | 917 | | 24 |
---|
895 | 918 | | |
---|
896 | 919 | | b. order the closure of the charter school identified in |
---|
897 | 920 | | this paragraph at the end of the c urrent school year, |
---|
898 | 921 | | or |
---|
899 | 922 | | c. order the reduction of a ny administrative fee |
---|
900 | 923 | | collected by the sponsor that is applicable to the |
---|
901 | 924 | | charter school identified in this paragraph. The |
---|
902 | 925 | | reduction shall become effective at the beginning of |
---|
903 | 926 | | the month following the month the hearing of the |
---|
904 | 927 | | sponsor is held by the State Bo ard of Education. |
---|
905 | 928 | | 5. A charter school that is closed by the State Board of |
---|
906 | 929 | | Education pursuant to paragraph 4 of this subsection shall not be |
---|
907 | 930 | | granted a charter by any other sponsor. |
---|
908 | 931 | | 6. The requirements of this subsection shall not apply to a |
---|
909 | 932 | | charter school that has been designated by the State Department of |
---|
910 | 933 | | Education as implementin g an alternative education program |
---|
911 | 934 | | throughout the charte r school. |
---|
912 | 935 | | 7. In making a school site closure decision, the State Board of |
---|
913 | 936 | | Education shall consider the following: |
---|
914 | 937 | | a. enrollment of students with special challenges such as |
---|
915 | 938 | | drug or alcohol addiction, prior withdrawal from |
---|
916 | 939 | | school, prior incarceration or oth er special |
---|
917 | 940 | | circumstances, |
---|
918 | 941 | | b. high mobility of the student population res ulting from |
---|
919 | 942 | | the specific purpose of the charter sc hool, |
---|
920 | 943 | | |
---|
922 | 946 | | 2 |
---|
923 | 947 | | 3 |
---|
924 | 948 | | 4 |
---|
925 | 949 | | 5 |
---|
926 | 950 | | 6 |
---|
927 | 951 | | 7 |
---|
928 | 952 | | 8 |
---|
929 | 953 | | 9 |
---|
930 | 954 | | 10 |
---|
931 | 955 | | 11 |
---|
932 | 956 | | 12 |
---|
933 | 957 | | 13 |
---|
934 | 958 | | 14 |
---|
935 | 959 | | 15 |
---|
936 | 960 | | 16 |
---|
937 | 961 | | 17 |
---|
938 | 962 | | 18 |
---|
939 | 963 | | 19 |
---|
940 | 964 | | 20 |
---|
941 | 965 | | 21 |
---|
942 | 966 | | 22 |
---|
943 | 967 | | 23 |
---|
944 | 968 | | 24 |
---|
945 | 969 | | |
---|
946 | 970 | | c. annual improvement in the performance of students |
---|
947 | 971 | | enrolled in the charter school compared with the |
---|
948 | 972 | | performance of students en rolled in the charter school |
---|
949 | 973 | | in the immediately preceding school year, a nd |
---|
950 | 974 | | d. whether a majority of students attending the charter |
---|
951 | 975 | | school under consideration for closure would likely |
---|
952 | 976 | | revert to attending public schools with lower academic |
---|
953 | 977 | | achievement, as demonstrated pursuant t o Section |
---|
954 | 978 | | 1210.545 of this title. |
---|
955 | 979 | | 8. If the State Board of Education has closed or transferred |
---|
956 | 980 | | authorization of at least twenty-five percent (25%) of the charter |
---|
957 | 981 | | schools chartered by one sponsor pursuant to paragraph 4 of this |
---|
958 | 982 | | subsection, the authority of the sponsor to authorize new charter |
---|
959 | 983 | | schools may be suspended by the Board until the Board approves the |
---|
960 | 984 | | sponsor to authorize new charter schools. A determination under |
---|
961 | 985 | | this paragraph to suspend the authority of a sponsor to authorize |
---|
962 | 986 | | new charter schools shall identify the deficiencies that, if |
---|
963 | 987 | | corrected, will result in the approval of the sponsor to aut horize |
---|
964 | 988 | | new charter schools. |
---|
965 | 989 | | H. If a sponsor terminates a contract or the char ter school is |
---|
966 | 990 | | closed, the closure shall be conducted in accordance with the |
---|
967 | 991 | | following protocol: |
---|
968 | 992 | | 1. Within two (2) calendar week s of a final closure |
---|
969 | 993 | | determination, the sponsor sh all meet with the governing board and |
---|
970 | 994 | | |
---|
972 | 997 | | 2 |
---|
973 | 998 | | 3 |
---|
974 | 999 | | 4 |
---|
975 | 1000 | | 5 |
---|
976 | 1001 | | 6 |
---|
977 | 1002 | | 7 |
---|
978 | 1003 | | 8 |
---|
979 | 1004 | | 9 |
---|
980 | 1005 | | 10 |
---|
981 | 1006 | | 11 |
---|
982 | 1007 | | 12 |
---|
983 | 1008 | | 13 |
---|
984 | 1009 | | 14 |
---|
985 | 1010 | | 15 |
---|
986 | 1011 | | 16 |
---|
987 | 1012 | | 17 |
---|
988 | 1013 | | 18 |
---|
989 | 1014 | | 19 |
---|
990 | 1015 | | 20 |
---|
991 | 1016 | | 21 |
---|
992 | 1017 | | 22 |
---|
993 | 1018 | | 23 |
---|
994 | 1019 | | 24 |
---|
995 | 1020 | | |
---|
996 | 1021 | | leadership of the charter school to esta blish a transition team |
---|
997 | 1022 | | composed of school staff, applic ant staff and others designated by |
---|
998 | 1023 | | the applicant that will attend to the closure, including the |
---|
999 | 1024 | | transfer of students, stud ent records and school funds; |
---|
1000 | 1025 | | 2. The sponsor and transition team shall commun icate regularly |
---|
1001 | 1026 | | and effectively with families of student s enrolled in the charter |
---|
1002 | 1027 | | school, as well as with school staff and other stakeholders, to keep |
---|
1003 | 1028 | | them apprised of key inform ation regarding the closure of the school |
---|
1004 | 1029 | | and their options and risks; |
---|
1005 | 1030 | | 3. The sponsor and transition team shall ensure that current |
---|
1006 | 1031 | | instruction of student s enrolled in the charter school continues per |
---|
1007 | 1032 | | the charter agreement for the remainder of the school year; |
---|
1008 | 1033 | | 4. The sponsor and transition team shall ensure that all |
---|
1009 | 1034 | | necessary and prudent notifications are issued to agencies, |
---|
1010 | 1035 | | employees, insurers, contractor s, creditors, debtors and management |
---|
1011 | 1036 | | organizations; and |
---|
1012 | 1037 | | 5. The governing board of the charter school shall continue to |
---|
1013 | 1038 | | meet as necessary to take actions needed to wind down schoo l |
---|
1014 | 1039 | | operations, manage school finances, allocate resources and |
---|
1015 | 1040 | | facilitate all aspects of closure. |
---|
1016 | 1041 | | I. A sponsor shall develop revo cation and nonrenewal processes |
---|
1017 | 1042 | | that are consistent with the Oklahoma Charter Schools Act and that: |
---|
1018 | 1043 | | |
---|
1020 | 1046 | | 2 |
---|
1021 | 1047 | | 3 |
---|
1022 | 1048 | | 4 |
---|
1023 | 1049 | | 5 |
---|
1024 | 1050 | | 6 |
---|
1025 | 1051 | | 7 |
---|
1026 | 1052 | | 8 |
---|
1027 | 1053 | | 9 |
---|
1028 | 1054 | | 10 |
---|
1029 | 1055 | | 11 |
---|
1030 | 1056 | | 12 |
---|
1031 | 1057 | | 13 |
---|
1032 | 1058 | | 14 |
---|
1033 | 1059 | | 15 |
---|
1034 | 1060 | | 16 |
---|
1035 | 1061 | | 17 |
---|
1036 | 1062 | | 18 |
---|
1037 | 1063 | | 19 |
---|
1038 | 1064 | | 20 |
---|
1039 | 1065 | | 21 |
---|
1040 | 1066 | | 22 |
---|
1041 | 1067 | | 23 |
---|
1042 | 1068 | | 24 |
---|
1043 | 1069 | | |
---|
1044 | 1070 | | 1. Provide the charter scho ol with a timely notification of the |
---|
1045 | 1071 | | prospect of revocation or nonrenewal and of the reasons for possible |
---|
1046 | 1072 | | closure; |
---|
1047 | 1073 | | 2. Allow the charter school a reasonable amount of time in |
---|
1048 | 1074 | | which to prepare a response; |
---|
1049 | 1075 | | 3. Provide the charter school with an opportunity t o submit |
---|
1050 | 1076 | | documents and give testimony in a public hearin g challenging the |
---|
1051 | 1077 | | rationale for closure and in support of the continuati on of the |
---|
1052 | 1078 | | school at an orderly proceeding held for that purpose and prior to |
---|
1053 | 1079 | | taking any final nonrenewal or revocation decision related to the |
---|
1054 | 1080 | | school; |
---|
1055 | 1081 | | 4. Allow the charter school acce ss to representation by counsel |
---|
1056 | 1082 | | to call witnesses on its behalf; |
---|
1057 | 1083 | | 5. Permit the recording of the proceedings; and |
---|
1058 | 1084 | | 6. After a reasonable period for deliberation, require a final |
---|
1059 | 1085 | | determination be made and conveyed in writing to the charter school. |
---|
1060 | 1086 | | J. If a sponsor revokes or do es not renew a charter, the |
---|
1061 | 1087 | | sponsor shall clearly s tate in a resolution the reasons for the |
---|
1062 | 1088 | | revocation or nonrenewal. |
---|
1063 | 1089 | | K. 1. Before a sponsor may issue a charter to a charter sch ool |
---|
1064 | 1090 | | governing body board that has had its charter termin ated or has been |
---|
1065 | 1091 | | informed that its charter will not be renewed by the cu rrent |
---|
1066 | 1092 | | sponsor, the sponsor shall request to have t he proposal reviewed by |
---|
1067 | 1093 | | the State Board of Education at a hearing. The State Board of |
---|
1068 | 1094 | | |
---|
1070 | 1097 | | 2 |
---|
1071 | 1098 | | 3 |
---|
1072 | 1099 | | 4 |
---|
1073 | 1100 | | 5 |
---|
1074 | 1101 | | 6 |
---|
1075 | 1102 | | 7 |
---|
1076 | 1103 | | 8 |
---|
1077 | 1104 | | 9 |
---|
1078 | 1105 | | 10 |
---|
1079 | 1106 | | 11 |
---|
1080 | 1107 | | 12 |
---|
1081 | 1108 | | 13 |
---|
1082 | 1109 | | 14 |
---|
1083 | 1110 | | 15 |
---|
1084 | 1111 | | 16 |
---|
1085 | 1112 | | 17 |
---|
1086 | 1113 | | 18 |
---|
1087 | 1114 | | 19 |
---|
1088 | 1115 | | 20 |
---|
1089 | 1116 | | 21 |
---|
1090 | 1117 | | 22 |
---|
1091 | 1118 | | 23 |
---|
1092 | 1119 | | 24 |
---|
1093 | 1120 | | |
---|
1094 | 1121 | | Education shall conduct a hearing in which the sponsor shall present |
---|
1095 | 1122 | | information indicating that the proposal of the or ganizer is |
---|
1096 | 1123 | | substantively different in the areas of deficiency identified by the |
---|
1097 | 1124 | | current sponsor from the current proposal as set forth within the |
---|
1098 | 1125 | | charter with its current sponsor. |
---|
1099 | 1126 | | 2. After the State Board of Education conducts a hearing |
---|
1100 | 1127 | | pursuant to this subsection, the Board shall either approve or deny |
---|
1101 | 1128 | | the proposal. |
---|
1102 | 1129 | | 3. If the proposal is denied, no sponsor may issue a charter to |
---|
1103 | 1130 | | the charter school governing body board. |
---|
1104 | 1131 | | L. If a contract is not renewed, t he governing board of the |
---|
1105 | 1132 | | charter school may submit an application to a proposed new sponsor |
---|
1106 | 1133 | | as provided for in Section 3-134 of this title. |
---|
1107 | 1134 | | M. If a contract is not renewed or is terminated according to |
---|
1108 | 1135 | | this section, a student who att ended the charter sch ool may enroll |
---|
1109 | 1136 | | in the resident school district of t he student or may apply for a |
---|
1110 | 1137 | | transfer in accordan ce with Section 8-103 of this title. |
---|
1111 | 1138 | | SECTION 4. AMENDATORY 70 O.S. 2021, Section 3-142, is |
---|
1112 | 1139 | | amended to read as follows: |
---|
1113 | 1140 | | Section 3-142. A. The student membership and attendance of the |
---|
1114 | 1141 | | charter school shall be considered separate from the student |
---|
1115 | 1142 | | membership and attendance of the sponsor for the purpose of |
---|
1116 | 1143 | | calculating enrollment and funding including weighted average daily |
---|
1117 | 1144 | | membership pursuant to Section 18-201.1 of this title and State Aid |
---|
1118 | 1145 | | |
---|
1120 | 1148 | | 2 |
---|
1121 | 1149 | | 3 |
---|
1122 | 1150 | | 4 |
---|
1123 | 1151 | | 5 |
---|
1124 | 1152 | | 6 |
---|
1125 | 1153 | | 7 |
---|
1126 | 1154 | | 8 |
---|
1127 | 1155 | | 9 |
---|
1128 | 1156 | | 10 |
---|
1129 | 1157 | | 11 |
---|
1130 | 1158 | | 12 |
---|
1131 | 1159 | | 13 |
---|
1132 | 1160 | | 14 |
---|
1133 | 1161 | | 15 |
---|
1134 | 1162 | | 16 |
---|
1135 | 1163 | | 17 |
---|
1136 | 1164 | | 18 |
---|
1137 | 1165 | | 19 |
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1138 | 1166 | | 20 |
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1139 | 1167 | | 21 |
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1140 | 1168 | | 22 |
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1141 | 1169 | | 23 |
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1142 | 1170 | | 24 |
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1143 | 1171 | | |
---|
1144 | 1172 | | pursuant to Section 18-200.1 of this title. A charter school shall |
---|
1145 | 1173 | | receive the State Aid allocation, federal funds to which it is |
---|
1146 | 1174 | | eligible and qualifies for and any other state-appropriated revenue |
---|
1147 | 1175 | | generated by its students for the applicable year. Not more than |
---|
1148 | 1176 | | three percent (3%) of the State Aid allocation may be charged by the |
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1149 | 1177 | | sponsor as a fee for administrative services rendered. For purposes |
---|
1150 | 1178 | | of this section, the fee for administrative services shall be used |
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1151 | 1179 | | by the sponsor to provide oversight a nd services to the charter |
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1156 | 1181 | | detailed report on its website and present the report in a public |
---|
1157 | 1182 | | meeting to the charter school governing board and the charter school |
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1158 | 1183 | | sponsor governing board. The report shall provide sponsor |
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1159 | 1184 | | performance and stewardship, including compliance with all |
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1160 | 1185 | | applicable laws, regulations, and te rms of the charter contract and |
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1161 | 1186 | | listing expenses rel ated to oversight and services provided by the |
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1162 | 1187 | | sponsor to its charter schools. The State Board of Education shall |
---|
1163 | 1188 | | determine the policy and procedure for making payments to a charter |
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1164 | 1189 | | school. The fee for administrative services as authorized in this |
---|
1165 | 1190 | | subsection shall only be assessed on the State Ai d allocation amount |
---|
1166 | 1191 | | and shall not be assessed on any other appropriated amounts. A |
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1167 | 1192 | | sponsor of a charter school shall not charge any additional State |
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1197 | 1223 | | shall provide to the State Department of Education financial records |
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1198 | 1224 | | documenting any state funds charged by the sponsor for |
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1199 | 1225 | | administrative services rendered for the previous year. |
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1200 | 1226 | | B. 1. The weighted average daily membership for the first year |
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1201 | 1227 | | of operation of a charter school shall be determined initially by |
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1202 | 1228 | | multiplying the actual enrollment of students as of August 1 by |
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1203 | 1229 | | 1.333. The charter school shall receive r evenue equal to that which |
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1204 | 1230 | | would be generated by the estimated weighted average daily |
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1205 | 1231 | | membership calculated pursuant to this paragraph. At midyear, the |
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1206 | 1232 | | allocation for the charter school shall be adjusted using the first |
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1207 | 1233 | | quarter weighted average daily memb ership for the charte r school |
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1208 | 1234 | | calculated pursuant to subsection A of this section. |
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1209 | 1235 | | 2. For the purpose of calculating weighted average da ily |
---|
1210 | 1236 | | membership pursuant to Section 18-201.1 of this title and State Aid |
---|
1211 | 1237 | | pursuant to Section 18-200.1 of this title, the weighted average |
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1212 | 1238 | | daily membership for the first year of operation of a full-time |
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1213 | 1239 | | statewide virtual charter school sponsored by the State wide Virtual |
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1214 | 1240 | | Charter School Board shall be determined by multiplying the actual |
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1215 | 1241 | | enrollment of students as of August 1 b y 1.333. The full-time |
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1216 | 1242 | | virtual charter school shall receive revenue equal to that which |
---|
1217 | 1243 | | would be generated by the estimated weighte d average daily |
---|
1247 | 1274 | | membership for the virtual charter school calculate d pursuant to |
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1248 | 1275 | | subsection A of this section. |
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1249 | 1276 | | C. Except as explicitly authorized by state law, a charter |
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1250 | 1277 | | school shall not be eligible to receive state-dedicated, local or |
---|
1251 | 1278 | | county revenue; provided, a charter school may be eligible to |
---|
1252 | 1279 | | receive any other aid, grants or revenues allowed to other schools. |
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1253 | 1280 | | A charter school shall be considered a local education agency for |
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1254 | 1281 | | purposes of funding. |
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1255 | 1282 | | D. Any unexpended funds received by a charter s chool may be |
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1256 | 1283 | | reserved and used for future purposes. The governing body board of |
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1257 | 1284 | | a charter school shall not levy taxes or issue bonds. If otherwise |
---|
1258 | 1285 | | allowed by law, the governing body board of a charter school may |
---|
1259 | 1286 | | enter into private contracts for the purposes of borrowing money |
---|
1260 | 1287 | | from lenders. If the governing body board of the charter school |
---|
1261 | 1288 | | borrows money, the charter school shall be solely responsible for |
---|
1262 | 1289 | | repaying the debt, and the state or the s ponsor shall not in any way |
---|
1263 | 1290 | | be responsible or ob ligated to repay the debt. |
---|
1264 | 1291 | | E. Any charter school which chooses to lease property shall be |
---|
1265 | 1292 | | eligible to receive current government lease rates. |
---|
1266 | 1293 | | F. Except as otherwise provided in this subsection, each |
---|
1267 | 1294 | | charter school shall pay to the Charter School Closure Reimbursement |
---|
1297 | 1325 | | title, during the first nine (9) weeks of the sc hool year. Each |
---|
1298 | 1326 | | charter school shall complete the payment every school year within |
---|
1299 | 1327 | | thirty (30) days after the first nine (9) weeks of the school year. |
---|
1300 | 1328 | | If the Charter School Closure Reimbursement Revolving F und has a |
---|
1301 | 1329 | | balance of One Million Dollars ($1,000 ,000.00) or more on July 1, no |
---|
1302 | 1330 | | payment shall be required the following school year. |
---|
1303 | 1331 | | G. There is hereby c reated in the State Treasury a revolving |
---|
1304 | 1332 | | fund for the State Department of Education to be designated th e |
---|
1305 | 1333 | | "Charter School Closure Reimbursement Revolvin g Fund". The fund |
---|
1306 | 1334 | | shall be a continuing fund, not subject to fiscal year limitations, |
---|
1307 | 1335 | | and shall consist of all monies received by the State Department of |
---|
1308 | 1336 | | Education from charter schools as provided in subsect ion F of this |
---|
1309 | 1337 | | section. All monies accruing to t he credit of said fund are hereby |
---|
1310 | 1338 | | appropriated and may be budgeted and expended by the State |
---|
1311 | 1339 | | Department of Education for the purpose of reimbursing charter |
---|
1312 | 1340 | | school sponsors for costs incurred due to the closur e of a charter |
---|
1313 | 1341 | | school. Expenditures from said f und shall be made upon warrants |
---|
1314 | 1342 | | issued by the State Treasurer against claims filed as prescribed by |
---|
1315 | 1343 | | law with the Director of the Office of Management and Enterprise |
---|
1316 | 1344 | | Services for approval and payment. The Sta te Department of |
---|
1345 | 1374 | | SECTION 5. NEW LAW A new section of law to be codified |
---|
1346 | 1375 | | in the Oklahoma Statutes as Sectio n 3-145.9 of Title 70, unless |
---|
1347 | 1376 | | there is created a duplication in numbering, reads as follows: |
---|
1348 | 1377 | | Beginning with the 2022-2023 school year, members of a charter |
---|
1349 | 1378 | | school sponsor governing board shall complete a sponsor workshop |
---|
1350 | 1379 | | requirement. |
---|
1351 | 1380 | | 1. If the charter school sponsor governing board has required |
---|
1352 | 1381 | | school board or agency board training, the Charter School Sponsor |
---|
1353 | 1382 | | and Educational Management Organization Component, if applicable, |
---|
1354 | 1383 | | shall be included in the sponsor workshop. |
---|
1355 | 1384 | | 2. If the charter school sponsor governing board does not have |
---|
1356 | 1385 | | required school board or agency board tra ining, the sponsor shall |
---|
1357 | 1386 | | designate a compliance representative to complete a sponsor workshop |
---|
1358 | 1387 | | through the Federal Charter School Programs grant holder for a |
---|
1359 | 1388 | | minimum of two (2) hours but not to exceed twelve (12) hours. |
---|
1360 | 1389 | | SECTION 6. AMENDATORY 70 O.S. 2021, Section 5 -200, is |
---|
1361 | 1390 | | amended to read as follows: |
---|
1362 | 1391 | | Section 5-200. A. As used in this section, "educational title: |
---|
1363 | 1392 | | 1. "Educational management organization" means a for-profit or |
---|
1364 | 1393 | | nonprofit organization that rece ives public funds to provide |
---|
1365 | 1394 | | administration and management services for a charter school, |
---|
1366 | 1395 | | statewide virtual charter school, or traditional public school ; and |
---|
1395 | 1425 | | and management services for a charter schoo l, statewide virtual |
---|
1396 | 1426 | | charter school, or traditional public school. |
---|
1397 | 1427 | | B. A charter school that contracts w ith an educational |
---|
1398 | 1428 | | management organization or charter management organization shall use |
---|
1399 | 1429 | | the Oklahoma Cost Accounting System (OCAS) to report the total |
---|
1400 | 1430 | | amount paid to an educational management organization or charter |
---|
1401 | 1431 | | management organization pursuant to the terms of the contract as |
---|
1402 | 1432 | | well as actual itemized expenditure information for the good s or |
---|
1403 | 1433 | | services provided by the management organization as defined by OCAS |
---|
1404 | 1434 | | expenditure codes, including the total compensation package of the |
---|
1405 | 1435 | | superintendent including the ba se salary, insurance, retirement and |
---|
1406 | 1436 | | other fringe benefits. |
---|
1407 | 1437 | | C. Any Pursuant to Internal Revenue Service guideli nes, any |
---|
1408 | 1438 | | owner of an educational managem ent organization or charter |
---|
1409 | 1439 | | management organization shall be required to disclose to the |
---|
1410 | 1440 | | governing board of the school in a public meeting any ownership |
---|
1411 | 1441 | | position in any business that contra cts or proposes to contract with |
---|
1412 | 1442 | | the same public school that the ed ucational management organization |
---|
1413 | 1443 | | or charter management organization is managing. |
---|
1414 | 1444 | | D. Whenever any person shall enter into a contract with any |
---|
1415 | 1445 | | school district or public charter school in th e state to teach in |
---|
1445 | 1476 | | released by the board of education from the contract. Except as |
---|
1446 | 1477 | | provided in Section 5 -106A of Title 70 of the Oklahoma Statutes this |
---|
1447 | 1478 | | title, until such teacher has been thus discharged or released, the |
---|
1448 | 1479 | | teacher shall not have authority to enter into a contract with any |
---|
1449 | 1480 | | other board of education i n Oklahoma for the same time covered by |
---|
1450 | 1481 | | the original contract. If upon written complaint by the board of |
---|
1451 | 1482 | | education in a district any teacher is reported to have failed to |
---|
1452 | 1483 | | obey the terms of the contract previously made and to have entered |
---|
1453 | 1484 | | into a contract with another board of education, including a public |
---|
1454 | 1485 | | charter school board of education, without having been released from |
---|
1455 | 1486 | | the former contract except as provided in Section 5 -106A of Title 70 |
---|
1456 | 1487 | | of the Oklahoma Statutes this title, the teacher, upon being found |
---|
1457 | 1488 | | to be employed full-time for another public school, including a |
---|
1458 | 1489 | | public charter school in the state, at a hearing held before the |
---|
1459 | 1490 | | State Board of Education, shall have such teacher's certificate |
---|
1460 | 1491 | | suspended for the remainder of the term for which the contract was |
---|
1461 | 1492 | | made. |
---|
1462 | 1493 | | SECTION 7. AMENDATORY 70 O.S. 2 021, Section 18-124, is |
---|
1463 | 1494 | | amended to read as follows: |
---|
1464 | 1495 | | Section 18-124. A. Any school district with an ave rage daily |
---|
1465 | 1496 | | attendance (ADA) of more than one thousand five hundred (1,500) |
---|
1466 | 1497 | | students for the preceding year which expends for adminis trative |
---|
1495 | 1527 | | the amount it expends for total expenditures, less expenditures f or |
---|
1496 | 1528 | | legal services, shall have the amount which exceeds the five percent |
---|
1497 | 1529 | | (5%) withheld the following year from the Foundation and Salary |
---|
1498 | 1530 | | Incentive Aid for the school distri ct. |
---|
1499 | 1531 | | B. Any school district with an average daily attendance (ADA) |
---|
1500 | 1532 | | of more than five hundred (500) students but not more than one |
---|
1501 | 1533 | | thousand five hundred (1,500) students for the preceding year which |
---|
1502 | 1534 | | expends for administrative services in the 2005 -06 school year or |
---|
1503 | 1535 | | any school year thereafter, less expenditures for legal services, |
---|
1504 | 1536 | | more than seven percent (7%) of the amount it expends for total |
---|
1505 | 1537 | | expenditures, less expenditures for legal services, shall have the |
---|
1506 | 1538 | | amount which exceeds the seven percent (7%) withheld the following |
---|
1507 | 1539 | | year from the Foundation and Salary Incentive Aid for the school |
---|
1508 | 1540 | | district. |
---|
1509 | 1541 | | C. Any school district with an average d aily attendance (ADA ) |
---|
1510 | 1542 | | of five hundred (500) or fewer students for the preceding year which |
---|
1511 | 1543 | | expends for administrative servic es in the 2005-06 school year or |
---|
1512 | 1544 | | any school year thereafter, less expenditures for le gal services, |
---|
1513 | 1545 | | more than eight percent (8%) of the amount it expends for total |
---|
1514 | 1546 | | expenditures, less expenditures for legal services, shall have the |
---|
1515 | 1547 | | amount which exceeds the eight percent (8%) withheld the following |
---|
1544 | 1577 | | D. The provisions of this section s hall apply to charter |
---|
1545 | 1578 | | schools which contract with an educational management organization |
---|
1546 | 1579 | | or a charter management organization as defined in Section 5-200 of |
---|
1547 | 1580 | | this title. The expenditure limits shall not exceed the percentages |
---|
1548 | 1581 | | prescribed in subsections A, B, and C of this section, and the |
---|
1549 | 1582 | | calculation of administrative services for schools which contract |
---|
1550 | 1583 | | with an educational management organization or a charter management |
---|
1551 | 1584 | | organization shall be the combined amount of administrative services |
---|
1552 | 1585 | | expended by the char ter school and the educational management |
---|
1553 | 1586 | | organization or charter management organization. |
---|
1554 | 1587 | | E. For purposes of this section, "administrative services" |
---|
1555 | 1588 | | means costs associated with: |
---|
1556 | 1589 | | 1. Staff for the board of education; |
---|
1557 | 1590 | | 2. The secretary/clerk for the board of education; |
---|
1558 | 1591 | | 3. Staff relations; |
---|
1559 | 1592 | | 4. Negotiations staff; |
---|
1560 | 1593 | | 5. Immediate staff of the superintendent, any elementary |
---|
1561 | 1594 | | superintendent or any assistant superintendent; |
---|
1562 | 1595 | | 6. Any superintendent, elementary superintendent, or assistant |
---|
1563 | 1596 | | superintendent; |
---|
1594 | 1628 | | 9. Administrative services paid to an educational management |
---|
1595 | 1629 | | organization or a charter management organization as defined in |
---|
1596 | 1630 | | Section 5-200 of this title. |
---|
1597 | 1631 | | E. F. If an employee of a school district is employed in a |
---|
1598 | 1632 | | position where part of the employee 's time is spent as an |
---|
1599 | 1633 | | administrator and pa rt of the time is spent in nonadministrative |
---|
1600 | 1634 | | functions, the percentage of time spent as an administ rator shall be |
---|
1601 | 1635 | | included as administrative services. A superintendent who spends |
---|
1602 | 1636 | | part of the time performing exempted nonadministrative services such |
---|
1603 | 1637 | | as teaching in the classroom, serving as a principal, counselor, or |
---|
1604 | 1638 | | library media specialist, can code up to forty percent (40%) of |
---|
1605 | 1639 | | their salary to other nonadministrative functions. The total amount |
---|
1606 | 1640 | | of time a superintendent of a school district spends performin g |
---|
1607 | 1641 | | services for a school district shall be included as administrative |
---|
1608 | 1642 | | services even if part of the t ime the superintendent is performing |
---|
1609 | 1643 | | nonexempted nonadministrative service functions . The total amount |
---|
1610 | 1644 | | received by a superintendent from the school district as salary, for |
---|
1611 | 1645 | | the performance of administrative and nonexempted nonadministrative |
---|
1612 | 1646 | | services, shall be recorded under the code for superintendent salary |
---|
1613 | 1647 | | as provided for in the Oklahoma Cost Accounting System. |
---|
1644 | 1679 | | G. H. Funds withheld pursuant to the provisions of this section |
---|
1645 | 1680 | | shall be distributed through the State Aid formula to the districts |
---|
1646 | 1681 | | not so penalized. |
---|
1647 | 1682 | | H. I. For the 2003-04 and 2004-05 school year, school districts |
---|
1648 | 1683 | | shall report to the State Department of Education the costs |
---|
1649 | 1684 | | associated with administrative services for the school district as |
---|
1650 | 1685 | | defined in subsection D E of this section. |
---|
1651 | 1686 | | SECTION 8. This act shall become effective July 1, 2022. |
---|
1652 | 1687 | | SECTION 9. It being immediately necessary for the preservation |
---|
1653 | 1688 | | of the public peace, health or safety, an emergency is hereby |
---|
1654 | 1689 | | declared to exist, by reason whereof this act shall take effect and |
---|
1655 | 1690 | | be in full force from and after its pass age and approval. |
---|