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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3872 By: Phillips
COMMITTEE SUBSTITUTE
An Act relating to schools; amending 70 O.S. 2021,
Sections 3-132 and 3-134, which relate to the
Oklahoma Charter Schools Act; modifying sponsorship
of certain schools which contrac t with the Office of
Juvenile Affairs; deleting requirement of physical
location for certain chart er school; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -132, is
amended to read as follows:
Section 3-132. A. The Oklahoma Charter Schools Act shall apply
only to charter schools formed and operated under the provisions of
the act. Charter schools shall be sponsored only as follows:
1. By any school district located in the State of Oklahoma,
provided such charter school shall only be located within the
geographical boundaries of the sponsor ing district and subject to
the restrictions of Section 3-145.6 of this title;
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2. By a technology center school district if the charter school
is located in a school district served by the technology center
school district in which all or part of the scho ol district is
located in a county having more than five hundred thousand (50 0,000)
population according to the latest Federal Decennial Census;
3. By a technology center sch ool district if the charter school
is located in a school district served by the technology center
school district and the school district has a school site t hat has
been identified as in need of improvement by the State Board of
Education pursuant to the Elementary and Secondary Education Act of
1965, as amended or reauthorized;
4. By an accredited comprehensive or regional institution that
is a member of The Oklahoma State System of Higher Education or a
community college if the charter school is located in a school
district in which all or part of the school district is located in a
county having more than five hundred thou sand (500,000) population
according to the latest Federal Decennial Census;
5. By a comprehensive or regional institution that is a member
of The Oklahoma State System of Higher Education if the charter
school is located in a school district that has a sc hool site that
has been identified as in need of improvement by the State Board of
Education pursuant to the Elementary and Secondary Education Act of
1965, as amended or reauthorized. In addition, the institution
shall have a teacher education program ac credited by the Oklahoma
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Commission for Teacher Preparation and have a branch campus or
constituent agency physically located within the school district in
which the charter school is located in the State of Oklaho ma;
6. By a federally recognized Indian t ribe, operating a high
school under the authority of the Bureau of Indian Affairs as of
November 1, 2010, if the charter school is fo r the purpose of
demonstrating native language immersion instruction, and is loca ted
within its former reservation or treat y area boundaries. For
purposes of this paragraph, native language immersion instruction
shall require that educational instruction and other activities
conducted at the school site are primarily conducted in the native
language;
7. By the State Board of Education when the applicant of th e
charter school is the Office of Juvenile Affairs or the applicant
has a contract with the Office of Juvenile Affairs to provide a
fixed rate level E, D, or D+ group home service and the charter
school is for the purpose of providing education services to youth
in the custody or supervision of the state. Not more than two
charter schools shall be spo nsored by the Board as provided for in
this paragraph during the period of time b eginning July 1, 2010,
through July 1, 2016;
8. By a federally recognized In dian tribe only when the charter
school is located within the former reservation or treaty area
boundaries of the tribe on property held in trust by the Bureau of
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Indian Affairs of the United States Department of the Inte rior for
the benefit of the tribe; or
9. By the State Board of Education when the applicant has first
been denied a charter by the l ocal school district in which it seeks
to operate. In counties with fewer than f ive hundred thousand
(500,000) population, according to the latest Federal De cennial
Census, the State Board of Education shall not sponsor more than
five charter schools per year each year for the first five (5) years
after the effective date of this act, with not more than one charter
school sponsored in a single school district per year. In order to
authorize a charter school under this section, the State Board of
Education shall find evidence of all of the following:
a. a thorough and high-quality charter school application
from the applicant based on the authorizing standards
in subsection B of Section 3 -134 of this title,
b. a clear demonstration of community support for the
charter school, and
c. the grounds and basis of objection by the school
district for denying the operation of the chart er are
not supported by the greater weight of evidence and
the strength of the application.
B. An eligible non-school-district sponsor shall give priority
to opening charter schools that serve at -risk student populations or
students from low-performing traditional public schools.
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C. An eligible non-school-district sponsor shall give priority
to applicants that have demonstrated a reco rd of operating at least
one school or similar program that demonstrates academic success and
organizational viability and serves student populations similar to
those the proposed charter school seeks to serve. In assessing the
potential for quality repli cation of a charter school, a sponsor
shall consider the following factors before approving a new site or
school:
1. Evidence of a strong and reliable record of academic success
based primarily on student performance data, as well as other viable
indicators, including financial and operational success;
2. A sound, detailed, and well -supported growth plan;
3. Evidence of the ability to transfer successful pra ctices to
a potentially different context that includes reproducing critical
cultural, organizatio nal and instructional characteristics;
4. Any management organization involved i n a potential
replication is fully vetted, and the academic, financial and
operational records of the schools it operates are found to be
satisfactory;
5. Evidence the progra m seeking to be replicated has the
capacity to do so successfully without diminis hing or putting at
risk its current operat ions; and
6. A financial structure that ensures that funds attributable
to each charter school within a network and required by law to be
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utilized by a school remain with and are used to benefit that
school.
D. For purposes of the Oklahoma Charter School s Act, "charter
school" means a public school established by contract with a board
of education of a school district, an area vocatio nal-technical
school district, a higher education institution, a federally
recognized Indian tribe, or the State Board of E ducation pursuant to
the Oklahoma Charter Schools Act to provide learning that will
improve student achievement and as defined in the Elementary and
Secondary Education Act of 1965, 20 U.S.C. 8065.
E. 1. For the purposes of the Oklahoma Charter Schools A ct,
"conversion school" means a sch ool 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.
2. Prior to the board of educat ion of a school district
converting all or any part of a traditional public s chool to a
conversion school, the board shall prepare a conversion plan. The
conversion plan shal l 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 subsecti on B of Section 3-134
of this title. The conversion plan and all documents shall be in
writing and shall be available to the public pursuant to the
requirements of the Oklahoma O pen Records Act. All votes by the
board of education of a school district to approve a conversion plan
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shall be held in an open public session. If the board of education
of a school district votes to approve a conversion plan, the board
shall notify the State Board of Education within sixty (60) days
after the vote. The notifica tion shall include a copy of the
minutes for the board meeting at which the conversion plan was
approved.
3. A conversion school shall comply with all the same
accountability measures as are required of a charter school as
defined in subsection D of this section. The provisions of Sections
3-140 and 3-142 of this title shall not apply to a conversion
school. Conversion schools shall comply with the same laws and
State Board of Education rules relating to student enrollm ent which
apply to traditional publ ic schools. Conversion schools shall be
funded by the board of education of the school district a s a school
site within the school district and funding shall not be affected by
the conversion of the school.
4. The board of education of a school district 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 provided for in this subsection, a
conversion school shall retain the ch aracteristics of a traditional
public school.
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F. A charter school may consist of a new school sit e, new
school sites or all or any portion of an existing school site. An
entire school district may not become a charter s chool site.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 3 -134, is
amended to read as follows:
Section 3-134. A. For written applications filed after January
1, 2008, prior to submission of the application to a proposed
sponsor seeking to establish a c harter school, the applicant shall
be required to complete training which shall not exceed ten (10)
hours provided by the State Department of Education on the process
and requirements for estab lishing a charter school. The Department
shall develop and implement the training by January 1, 200 8. The
Department may provide the training in any format and manner that
the Department determines to be efficient and effective including,
but not limited to, web-based training.
B. Except as otherwise provided for in Secti on 3-137 of this
title, an applicant seeking to establish a charter school shall
submit a written applica tion to the proposed sponsor as prescribed
in subsection E of this section. The application shall include:
1. A mission statement for the charter sch ool;
2. A description includi ng, but not limited to, background
information of the organizational struct ure and the governing body
of the charter school;
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3. A financial plan for the fi rst five (5) years of operation
of the charter school and a descripti on of the treasurer or other
officers or persons who shall have primary responsibility for the
finances of the charter school. Such person shall have demonstrated
experience in school f inance or the equivalent thereof;
4. A description of the hiring poli cy of the 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 th e grades being served;
8. An outline of criteria designed to measure the effectiveness
of the charter school;
9. A demonstration of support for the charter school from
residents of the school district which may include but is not
limited to a survey of t he 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 in subsection A of this section;
11. A description of the minimum and maximum enro llment planned
per year for each term of the charter contract;
12. The proposed calendar for the ch arter school and sample
daily schedule;
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13. Unless otherwise authorized by law or regulation, a
description of the academic program aligned with state stan dards;
14. A description of the instructional design of the charter
school, including the type of l earning environment, class size and
structure, curriculum overview and teach ing methods;
15. The plan for using internal and external assessments to
measure and report student progress on the performance framework
developed by the applicant in accordance with subsection C of
Section 3-135 of this title;
16. The plans for identif ying and successfully serving students
with disabilities, students who are Engli sh language learners and
students who are academically behind;
17. A description of cocurricular or extracurricular programs
and how they will be funded and delivered;
18. Plans and time lines for student recruitment and
enrollment, including lottery pro cedures;
19. The student discipline policies for the charter school,
including those for special ed ucation students;
20. An organizational chart that clearly presents the
organizational structure of the charter school, including lines of
authority and reporting between the governing board, staff, any
related bodies such as advisory bodies or parent and teacher
councils and any external organizations that will play a role in
managing the school;
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21. A clear description of the roles and responsibilities fo r
the governing board, the leadership and management team for the
charter school and any other entit ies shown in the organizational
chart;
22. The leadership and teacher emplo yment policies for the
charter school;
23. Proposed governing bylaws;
24. Explanations of any partnerships or contractual
partnerships central to t he operations or mission of th e charter
school;
25. The plans for providing transportation, food service and
all other significant operational or ancillary services;
26. Opportunities and expectations for parental involvement;
27. A detailed school star t-up plan that identifies task s, time
lines and responsible individuals;
28. A description of the financi al plan and policies for the
charter school, including financial controls and au dit requirements;
29. A description of the insurance coverage the cha rter 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;
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32. Evidence of anticipated fundraising contributions, if
claimed in the application;
33. A sound faciliti es plan, including backup or contingency
plans if appropriate;
34. A requirement that the charter school governing board meet
at a minimum quarterly in the state and that for those charter
schools outside of counties with a p opulation of five hundred
thousand (500,000) or more, that a majority of members are residents
within the geographic boundary of the sponsoring entity; and
35. A requirement that the ch arter school follow the
requirements of the Oklahoma Open Meeting Act and Oklahoma Open
Records Act.
C. A board of education of a public school district, public
body, public or private college or university, private person, or
private organization may con tract with a sponsor to establish a
charter school. A private school shall not be eligible to contr act
for a charter school under the provisions of the Oklahoma Charter
Schools Act.
D. The sponsor of a charter school is the board of education of
a school district, the board of education of a technology center
school district, a higher education institu tion, the State Board of
Education, or a federally recognized Indian tribe w hich meets the
criteria established in Section 3 -132 of this title. Any board o f
education of a school district in the state may sponsor one or more
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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 o f
the sponsoring school district. The physical location of a charter
school sponsored by the State Board of Education when the applicant
of the charter school is the Office of Juvenile Affairs shall be
where an Office of Juvenile Affairs facility for yout h is located.
The physical location of a charter school otherwise spo nsored by 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 application originated.
E. An applicant for a charter school may submit an application
to a proposed sponsor which shall either ac cept or reject
sponsorship of the charter school within ninety (90) days of receipt
of the application. If the proposed sponsor rejects the
application, it shall notify the applicant in writing of the reasons
for the rejection. The applicant may submit a revised application
for reconsideration to the proposed sponsor within thir ty (30) days
after receiving notification of the rejection. The proposed sponso r
shall accept or reject the revised application within 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 revised application for r eview pursuant
to paragraph 8 of subsection A of Section 3 -132 of this title. The
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State Board of Education shall hear the appeal no later than sixty
(60) days from the date re ceived by the Board.
F. A board of education of a school district, 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 Ed ucation when it
accepts sponsorship of a charter school. The notification shall
include a copy of the charter of the charter school.
G. Applicants for charter schools proposed t o be sponsored by
an entity other than a school district pursuant to paragra ph 1 of
subsection A of Section 3 -132 of this title may, upon rejection of
the revised application, proceed to binding arbitration under the
commercial rules of the American Arbitr ation Association with costs
of the arbitration to be borne by the proposed sponsor. Applicants
for charter schools proposed to be sponsored by school dist ricts
pursuant to paragraph 1 of subsection A of Section 3 -132 of this
title may not proceed to bind ing arbitration but may be sponsored by
the State Board of Education as prov ided in paragraph 8 of
subsection A of Section 3 -132 of this title.
H. If a board of education of a technology center school
district, a higher educa tion institution, the State Bo ard of
Education, or a federally recognized Indian tribe accepts
sponsorship of a charter school, the administrative, fiscal and
oversight responsibilities of the technology center school district,
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the higher education institu tion, or the federally recogni zed Indian
tribe shall be listed in the contract. No responsibilities shall be
delegated to a school district unless the local school district
agrees to assume the responsibilities.
I. A sponsor of a public charter school sh all have the
following powers and duties:
1. Provide oversight of the operations of 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 evalua te charter applications;
3. Approve quality charter applications that meet identified
educational needs and promote a diversity of educational choices;
4. Decline to approve weak or in adequate charter applications;
5. Negotiate and execute sound charter contracts with each
approved public charter school;
6. Monitor, in accordance with charter contract term s, the
performance and legal compliance of charter schools; and
7. Determine whether each charter contract merits renewal,
nonrenewal or revocation.
J. Sponsors shall establish a procedure for accepting,
approving and disapproving charter school applicat ions in accordance
with subsection E of this section.
K. Sponsors shall be requ ired to develop and maintain
chartering policies and practices consist ent with recognized
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principles and standards for quality charter authorizing as
established by the State D epartment of Education in all major areas
of authorizing responsibility, includi ng organizational capacity and
infrastructure, soliciting and evaluati ng charter applications,
performance contracting, ongoing charter school oversight and
evaluation and charter renewal decision-making.
L. Sponsors acting in their official capacity shal l be immune
from civil and criminal liability with respect to all acti vities
related to a charter sc hool with which they contract.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
58-2-10877 MJ 03/02/22