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SENATE FLOOR VERSION
April 12, 2022
ENGROSSED HOUSE
BILL NO. 3645 By: Dills, Waldron, and Davis
of the House
and
Pemberton of the Senate
An Act relating to virtual charter schools ; amending
70 O.S. 2021, Section 3-145.8, which relates to
virtual charter school attendance; modifying
attendance requirements for virtual charter school
alternative education program s; defining term;
clarifying timing requirement for completion of
instructional activi ties; authorizing virtual charter
school alternative education program to request a
certain student waiver; directing office of
accreditation to review the request and make a
determination; requiring continued attendance while
waiver is being reviewed; updating internal
references; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -145.8, is
amended to read as follows:
Section 3-145.8 A. It shall be the duty of each virtual
charter school approved and sponsored by the Statewide Virtual
School Board pursuant to the provisions of Section 3 -145.3 of Title
70 of the Oklahoma Sta tutes this title to keep a full and complete
record of the attend ance of all students enrolled in the v irtual
charter school in one of the student information systems approved by
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the State Department of Education and locally selected by the
virtual school from the ap proved list.
B. By July 1, 2020, the governing body o f each virtual charter
school shall adopt an attendance policy. The policy may allow
attendance to be a proportional amount of the required attendance
policy provisions based upon the date of enrollmen t of the student.
The attendance policy shall include the following provisions:
1. The first date of attendance and membership shall be the
first date the student completes an instructional activity.
2. A student who attends a virtual charter school sha ll be
considered in attendance for a quarter if the st udent:
a. completes instructional acti vities on no less than
ninety percent (90%) of the days within the quarter,
b. is on pace for on-time completion of the course as
defined by the governing board of the virtual charter
school, or
c. completes no less th an seventy-two instructional
activities within the quarter of the academic year.
3. For a student who does not meet any of the criteria set
forth in paragraph 1 or 2 of this subsection, the amount of
attendance recorded shall be the greater of:
a. the number of school days during which the st udent
completed the instructional activities during the
quarter,
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b. the number of school days proportional to the
percentage of the course that has been completed, or
c. the number of school days proportional to the
percentage of the required minimum numbe r of completed
instructional activities during the quarter.
C. For the purposes of this section, "instructional activities "
shall include instructional meetings wi th a teacher, completed
assignments that are used to r ecord 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. A student enrolled in a virtual charter school alternative
education program designated by the State Department of Education
who attends a full abbreviated school day shall be counted in full
attendance for purposes of computing the average daily attendance
and average daily me mbership of the virtual charter school . For the
purposes of this subsection, "full abbreviated school day" shall
mean one hundred eighty-nine (189) hours per quarter or seven
hundred fifty-six (756) hours per school year.
E. Each statewide virtual charter school approved and sponsored
by the Statewide Virtual Charter School Board p ursuant to the
provisions of Section 3-145.3 of this title shall offer a student
orientation, notify the parent or legal guardian and each student
who enrolls in that school of the requirement to participate in the
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student orientation, and require all stud ents 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. F. Any student that who is behind pace and does not complete
an instructional activity for a fifteen-school-day period (15)
consecutive days, including weekends, shall be withdrawn for
truancy. The virtual charter schoo l shall submit a notification to
the parent or legal guardian of a student who has been withdrawn for
truancy or is approaching truancy.
F. A G. 1. Except as provid ed in paragraph 2 of this
subsection, a student who is reported for truancy two times in the
same school year shall be withdrawn a nd prohibited from enrolling in
the same virtual charter school for the remainder of the school
year.
G. 2. If a student is enrolled in a virtual charter school
alternative education program designated by the State Depart ment of
Education, the virtual charter school may request a waiver of the
enrollment prohibition from the Department on behalf of a student
enrolled at the virtual charter school who is reported for truancy
two times in the same school year. The office of accreditation
shall review the waiver request and determine whet her the student
should be allowed to continue attending the virtual charter school.
The student shall continue attending the virtual charter school
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while the waiver is being re viewed and until a final de termination
is made.
H. The governing body of each statewide virtual charter school
shall develop, adopt and post on the school's website a policy
regarding consequences for a student 's failure to attend school and
complete instructional activities. The policy shall s tate, at a
minimum, that if a student fails to consistently attend school and
complete instructional activities after receiving a notification
pursuant to subsection E F of this section and reasonable
intervention strategies have been implemented, a studen t shall be
subject to certain conseque nces including withdrawal from the school
for truancy.
H. I. If a statewide virtual charter school withdraws a student
pursuant to subsections F and G and H of this section, the vi rtual
charter school shall immediatel y notify the student 's resident
district in writing of the student's disenrollment.
I. J. The provisions of subsections F, G and, H and I of this
section shall not be in effect until the implementation of
subsection H of Sect ion 3-145.3 of this title.
J. K. The Statewide Virtual Charter Scho ol Board may promulgate
rules to implement the provisions of th is section.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
April 12, 2022 - DO PASS