Oklahoma 2022 Regular Session

Oklahoma House Bill HB3872 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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3	34		BILL NO. 3872 By: Phillips of the House
4	35
5	36		and
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7	38		Taylor of the Senate
8		-
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14	43		An Act relating to schools; amending 70 O.S. 2021,
15	44		Sections 3-132 and 3-134, which relate to the
16	45		Oklahoma Charter Schools Act; modifying sponsorship
17	46		of certain schools which contract with the Office of
18	47		Juvenile Affairs; deleting requirement of physical
19	48		location for certain charter school; and declaring an
20	49		emergency.
21	50
22	51
23	52
24		-
25		-	SUBJECT: Schools
26		-
27	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
28		-
29	54		SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -132, is
30	55		amended to read as follows:
31		-
32	56		Section 3-132. A. The Oklahoma Charter Schools Act shall apply
33	57		only to charter schools formed and operated under the provisions of
34	58		the act. Charter schools shall be sponsored only as follows:
35		-
36	59		1. By any school district located in the State of Oklahoma,
37	60		provided such charter school shall only be located within the
38	61		geographical boundaries of the sponsor ing district and subject to
39	62		the restrictions of Section 3-145.6 of this title;
40		-
41	63		2. By a technology center school district if the charter school
42	64		is located in a school district served by the technology center
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43	92		school district in which all or part of the scho ol district is
44	93		located in a county having more than five hundred thousand (500,000)
45	94		population according to the latest Federal Decennial Census;
46		-	ENR. H. B. NO. 3872 Page 2
47	95		3. By a technology center sch ool district if the charter school
48	96		is located in a school district served by the technology center
49	97		school district and the school district has a school site that has
50	98		been identified as in need of improvement by the State Board of
51	99		Education pursuant to the Elementary and Secondary Education Act of
52	100		1965, as amended or reauthorized;
53		-
54	101		4. By an accredited comprehensive or regional institution that
55	102		is a member of The Oklahoma State System of Higher Education or a
56	103		community college if the charter school is located in a school
57	104		district in which all or part of the school district is located in a
58	105		county having more than five hundred thousand (500,000) population
59	106		according to the latest Federal Decennial Census;
60		-
61	107		5. By a comprehensive or regional institution that is a member
62	108		of The Oklahoma State System of Higher Education if the charter
63	109		school is located in a school district that has a school site that
64	110		has been identified as in need of improvement by the State Board of
65	111		Education pursuant to the Elementary and Secondary Education Act of
66	112		1965, as amended or reauthorized. In addition, the institution
67	113		shall have a teacher education program accredited by the Oklahoma
68	114		Commission for Teacher Preparation and have a branch campus or
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69	142		constituent agency physically located within the school district in
70	143		which the charter school is located in the State of Oklaho ma;
71		-
72	144		6. By a federally recognized Indian tribe, operating a high
73	145		school under the authority of the Bureau of Indian Affairs as of
74	146		November 1, 2010, if the charter school is fo r the purpose of
75	147		demonstrating native language immersion instruction, and is loca ted
76	148		within its former reservation or treaty area boundaries. For
77	149		purposes of this paragraph, native language immersion instruction
78	150		shall require that educational instruction and other activities
79	151		conducted at the school site are primarily conducted in the native
80	152		language;
81		-
82	153		7. By the State Board of Education when the applicant of the
83	154		charter school is the Office of Juvenile Affairs or the applicant
84	155		has a contract with the Office of Juvenile Affairs to provide a
85	156		fixed rate level E, D, or D+ group home service and the charter
86	157		school is for the purpose of providing education services to youth
87	158		in the custody or supervision of the state. Not more than two
88	159		charter schools shall be spo nsored by the Board as provided for in
89	160		this paragraph during the period of time b eginning July 1, 2010,
90	161		through July 1, 2016;
91		-	ENR. H. B. NO. 3872 Page 3
92	162		8. By a federally recognized Indian tribe only when the charter
93	163		school is located within the former reservation or treaty area
94	164		boundaries of the tribe on property held in trust by the Bureau of
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95	192		Indian Affairs of the United States Department of the Interior for
96	193		the benefit of the tribe; or
97		-
98	194		9. By the State Board of Education when the applicant has first
99	195		been denied a charter by the l ocal school district in which it seeks
100	196		to operate. In counties with fewer than f ive hundred thousand
101	197		(500,000) population, according to the latest Federal Decennial
102	198		Census, the State Board of Education shall not sponsor more than
103	199		five charter schools per year each year for the first five (5) years
104	200		after the effective date of this act, with not more than one charter
105	201		school sponsored in a single school district per year. In order to
106	202		authorize a charter school under this section, the State Board of
107	203		Education shall find evidence of all of the following:
108		-
109	204		a. a thorough and high-quality charter school application
110	205		from the applicant based on the authorizing standards
111	206		in subsection B of Section 3-134 of this title,
112		-
113	207		b. a clear demonstration of community support for the
114	208		charter school, and
115		-
116	209		c. the grounds and basis of objection by the school
117	210		district for denying the operation of the charter are
118	211		not supported by the greater weight of evidence and
119	212		the strength of the application.
120		-
121	213		B. An eligible non-school-district sponsor shall give priority
122	214		to opening charter schools that serve at -risk student populations or
123	215		students from low-performing traditional public schools.
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125	243		C. An eligible non-school-district sponsor shall give priority
126	244		to applicants that have demonstrated a reco rd of operating at least
127	245		one school or similar program that demonstrates academic success and
128	246		organizational viability and serves student populations similar to
129	247		those the proposed charter school seeks to serve. In assessing the
130	248		potential for quality repli cation of a charter school, a sponsor
131	249		shall consider the following factors before approving a new site or
132	250		school:
133		-
134	251		1. Evidence of a strong and reliable record of academic success
135	252		based primarily on student performance data, as well as other viable
136		-	indicators, including financial and operational success; ENR. H. B. NO. 3872 Page 4
137		-
	253	+	indicators, including financial and operational success;
138	254		2. A sound, detailed, and well -supported growth plan;
139		-
140	255		3. Evidence of the ability to transfer successful practices to
141	256		a potentially different context that includes reproducing critical
142	257		cultural, organizatio nal and instructional characteristics;
143		-
144	258		4. Any management organization involved i n a potential
145	259		replication is fully vetted, and the academic, financial and
146	260		operational records of the schools it operates are found to be
147	261		satisfactory;
148		-
149	262		5. Evidence the progra m seeking to be replicated has the
150	263		capacity to do so successfully without diminis hing or putting at
151	264		risk its current operations; and
152		-
153	265		6. A financial structure that ensures that funds attributable
154	266		to each charter school within a network and required by law to be
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155	294		utilized by a school remain with and are used to benefit that
156	295		school.
157		-
158	296		D. For purposes of the Oklahoma Charter Schools Act, "charter
159	297		school" means a public school established by contract with a board
160	298		of education of a school district, an area vocatio nal-technical
161	299		school district, a higher education institution, a federally
162	300		recognized Indian tribe, or the State Board of Education pursuant to
163	301		the Oklahoma Charter Schools Act to provide learning that will
164	302		improve student achievement and as defined in the Elementary and
165	303		Secondary Education Act of 1965, 20 U.S.C. 8065.
166		-
167	304		E. 1. For the purposes of the Oklahoma Charter Schools Act,
168	305		"conversion school" means a school created by converting all or any
169	306		part of a traditional public school in order to access any or all
170	307		flexibilities afforded to a charter school.
171		-
172	308		2. Prior to the board of educat ion of a school district
173	309		converting all or any part of a traditional public school to a
174	310		conversion school, the board shall prepare a conversion plan. The
175	311		conversion plan shal l include documentation that demonstrates and
176	312		complies with paragraphs 1, 2, 6, 7 , 8, 9, 10, 13, 14, 15, 16, 17,
177	313		19, 20, 21, 22, 23, 24, 34 and 35 of subsection B of Section 3-134
178	314		of this title. The conversion plan and all documents shall be in
179	315		writing and shall be available to the public pursuant to the
180	316		requirements of the Oklahoma O pen Records Act. All votes by the
181		-	board of education of a school district to approve a conversion plan ENR. H. B. NO. 3872 Page 5
	317	+	board of education of a school district to approve a conversion plan
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182	345		shall be held in an open public session. If the board of education
183	346		of a school district votes to approve a conversion plan, the board
184	347		shall notify the State Board of Education within sixty (60) days
185	348		after the vote. The notification shall include a copy of the
186	349		minutes for the board meeting at which the conversion plan was
187	350		approved.
188		-
189	351		3. A conversion school shall comply with all the same
190	352		accountability measures as are required of a charter school as
191	353		defined in subsection D of this section. The provisions of Sections
192	354		3-140 and 3-142 of this title shall not apply to a conversion
193	355		school. Conversion schools shall comply with the same laws and
194	356		State Board of Education rules relating to student enrollment which
195	357		apply to traditional public schools. Conversion schools shall be
196	358		funded by the board of education of the school district a s a school
197	359		site within the school district and funding shall not be affected by
198	360		the conversion of the school.
199		-
200	361		4. The board of education of a school district may vote to
201	362		revert a conversion school back to a traditional public school at
202	363		any time; provided, the change shall only occur during a break
203	364		between school years.
204		-
205	365		5. Unless otherwise provided for in this subsection, a
206	366		conversion school shall retain the characteristics of a traditional
207	367		public school.
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209	395		F. A charter school may consist of a new school sit e, new
210	396		school sites or all or any portion of an existing school site. An
211	397		entire school district may not become a charter school site.
212		-
213	398		SECTION 2. AMENDATORY 70 O.S. 2021, Section 3 -134, is
214	399		amended to read as follows:
215		-
216	400		Section 3-134. A. For written applications filed after January
217	401		1, 2008, prior to submission of the application to a proposed
218	402		sponsor seeking to establish a charter school, the applicant shall
219	403		be required to complete training which shall not exceed ten (10)
220	404		hours provided by the State Department of Education on the process
221	405		and requirements for estab lishing a charter school. The Department
222	406		shall develop and implement the training by January 1, 2008. The
223	407		Department may provide the training in any format and manner that
224	408		the Department determines to be efficient and effective including,
225	409		but not limited to, web-based training.
226		-	ENR. H. B. NO. 3872 Page 6
227	410		B. Except as otherwise provided for in Section 3-137 of this
228	411		title, an applicant seeking to establish a charter school shall
229	412		submit a written applica tion to the proposed sponsor as prescribed
230	413		in subsection E of this section. The application shall include:
231		-
232	414		1. A mission statement for the charter school;
233		-
234	415		2. A description including, but not limited to, background
235	416		information of the organizational struct ure and the governing body
236	417		of the charter school;
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238	445		3. A financial plan for the fi rst five (5) years of operation
239	446		of the charter school and a description of the treasurer or other
240	447		officers or persons who shall have primary responsibility for the
241	448		finances of the charter school. Such person shall have demonstrated
242	449		experience in school f inance or the equivalent thereof;
243		-
244	450		4. A description of the hiring policy of the charter school;
245		-
246	451		5. The name of the applicant or applicants and requested
247	452		sponsor;
248		-
249	453		6. A description of the facility and location of the charter
250	454		school;
251		-
252	455		7. A description of th e grades being served;
253		-
254	456		8. An outline of criteria designed to measure the effectiveness
255	457		of the charter school;
256		-
257	458		9. A demonstration of support for the charter school from
258	459		residents of the school district which may include but is not
259	460		limited to a survey of t he school district residents or a petition
260	461		signed by residents of the school district;
261		-
262	462		10. Documentation that the applicants completed charter school
263	463		training as set forth in subsection A of this section;
264		-
265	464		11. A description of the minimum and maximum enro llment planned
266	465		per year for each term of the charter contract;
267		-
268	466		12. The proposed calendar for the charter school and sample
269	467		daily schedule;
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271	495		13. Unless otherwise authorized by law or regulation, a
272	496		description of the academic program aligned with state stan dards;
273		-
274	497		14. A description of the instructional design of the charter
275	498		school, including the type of learning environment, class size and
276	499		structure, curriculum overview and teach ing methods;
277		-
278	500		15. The plan for using internal and external assessments to
279	501		measure and report student progress on the performance framework
280	502		developed by the applicant in accordance with subsection C of
281	503		Section 3-135 of this title;
282		-
283	504		16. The plans for identif ying and successfully serving students
284	505		with disabilities, students who are Engli sh language learners and
285	506		students who are academically behind;
286		-
287	507		17. A description of cocurricular or extracurricular programs
288	508		and how they will be funded and delivered;
289		-
290	509		18. Plans and time lines for student recruitment and
291	510		enrollment, including lottery pro cedures;
292		-
293	511		19. The student discipline policies for the charter school,
294	512		including those for special education students;
295		-
296	513		20. An organizational chart that clearly presents the
297	514		organizational structure of the charter school, including lines of
298	515		authority and reporting between the governing board, staff, any
299	516		related bodies such as advisory bodies or parent and teacher
300	517		councils and any external organizations that will play a role in
301	518		managing the school;
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303	546		21. A clear description of the roles and responsibilities fo r
304	547		the governing board, the leadership and management team for the
305	548		charter school and any other entities shown in the organizational
306	549		chart;
307		-
308	550		22. The leadership and teacher emplo yment policies for the
309	551		charter school;
310		-
311	552		23. Proposed governing bylaws;
312		-
313	553		24. Explanations of any partnerships or contractual
314	554		partnerships central to the operations or mission of the charter
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316		-
	555	+	school;
317	556		25. The plans for providing transportation, food service and
318	557		all other significant operational or ancillary services;
319		-
320	558		26. Opportunities and expectations for parental involvement;
321		-
322	559		27. A detailed school start-up plan that identifies tasks, time
323	560		lines and responsible individuals;
324		-
325	561		28. A description of the financi al plan and policies for the
326	562		charter school, including financial controls and au dit requirements;
327		-
328	563		29. A description of the insurance coverage the charter school
329	564		will obtain;
330		-
331	565		30. Start-up and five-year budgets with clearly stated
332	566		assumptions;
333		-
334	567		31. Start-up and first-year cash-flow projections with clearly
335	568		stated assumptions;
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337	596		32. Evidence of anticipated fundraising contributions, if
338	597		claimed in the application;
339		-
340	598		33. A sound facilities plan, including backup or contingency
341	599		plans if appropriate;
342		-
343	600		34. A requirement that the charter school governing board meet
344	601		at a minimum quarterly in the state and that for those charter
345	602		schools outside of counties with a population of five hundred
346	603		thousand (500,000) or more, that a majority of members are residents
347	604		within the geographic boundary of the sponsoring entity; and
348		-
349	605		35. A requirement that the ch arter school follow the
350	606		requirements of the Oklahoma Open Meeting Act and Oklahoma Open
351	607		Records Act.
352		-
353	608		C. A board of education of a public school district, public
354	609		body, public or private college or university, private person, or
355	610		private organization may con tract with a sponsor to establish a
356	611		charter school. A private school shall not be eligible to contract
357	612		for a charter school under the provisions of the Oklahoma Charter
358	613		Schools Act.
359		-	ENR. H. B. NO. 3872 Page 9
360	614		D. The sponsor of a charter school is the board of education of
361	615		a school district, the board of education of a technology center
362	616		school district, a higher education institution, the State Board of
363	617		Education, or a federally recognized Indian tribe w hich meets the
364	618		criteria established in Section 3 -132 of this title. Any board o f
365	619		education of a school district in the state may sponsor one or more
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366	647		charter schools. The physical location of a charter school
367	648		sponsored by a board of education of a school district or a
368	649		technology center school district shall be within the boundaries o f
369	650		the sponsoring school district. The physical location of a charter
370	651		school sponsored by the State Board of Education when the applicant
371	652		of the charter school is the Office of Juvenile Affairs shall be
372	653		where an Office of Juvenile Affairs facility for yout h is located.
373	654		The physical location of a charter school otherwise sponsored by the
374	655		State Board of Education pursuant to paragraph 8 of subsection A of
375	656		Section 3-132 of this title shall be in the school district in which
376	657		the application originated.
377		-
378	658		E. An applicant for a charter school may submit an application
379	659		to a proposed sponsor which shall either accept or reject
380	660		sponsorship of the charter school within ninety (90) days of receipt
381	661		of the application. If the proposed sponsor rejects the
382	662		application, it shall notify the applicant in writing of the reasons
383	663		for the rejection. The applicant may submit a revised application
384	664		for reconsideration to the proposed sponsor within thir ty (30) days
385	665		after receiving notification of the rejection. The proposed sponso r
386	666		shall accept or reject the revised application within thirty (30)
387	667		days of its receipt. Should the sponsor reject the application on
388	668		reconsideration, the applicant may appeal the decision to the State
389	669		Board of Education with the revised application for r eview pursuant
390	670		to paragraph 8 of subsection A of Section 3-132 of this title. The
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391	698		State Board of Education shall hear the appeal no later than sixty
392	699		(60) days from the date re ceived by the Board.
393		-
394	700		F. A board of education of a school district, board of
395	701		education of a technology center school district, higher education
396	702		institution, or federally recognized Indian tribe sponsor of a
397	703		charter school shall notify the State Board of Ed ucation when it
398	704		accepts sponsorship of a charter school. The notification shall
399	705		include a copy of the charter of the charter school.
400		-
401	706		G. Applicants for charter schools proposed to be sponsored by
402	707		an entity other than a school district pursuant to paragra ph 1 of
403	708		subsection A of Section 3 -132 of this title may, upon rejection of
404		-	the revised application, proceed to binding arbitration under the ~~ENR. H. B. NO. 3872 Page 10~~
	709	+	the revised application, proceed to binding arbitration under the
405	710		commercial rules of the American Arbitration Association with costs
406	711		of the arbitration to be borne by the proposed sponsor. Applicants
407	712		for charter schools proposed to be sponsored by school dist ricts
408	713		pursuant to paragraph 1 of subsection A of Section 3-132 of this
409	714		title may not proceed to binding arbitration but may be sponsored by
410	715		the State Board of Education as prov ided in paragraph 8 of
411	716		subsection A of Section 3 -132 of this title.
412		-
413	717		H. If a board of education of a technology center school
414	718		district, a higher education institution, the State Board of
415	719		Education, or a federally recognized Indian tribe accepts
416	720		sponsorship of a charter school, the administrative, fiscal and
417	721		oversight responsibilities of the technology center school district,
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418	749		the higher education institution, or the federally recognized Indian
419	750		tribe shall be listed in the contract. No responsibilities shall be
420	751		delegated to a school district unless the local school district
421	752		agrees to assume the responsibilities.
422		-
423	753		I. A sponsor of a public charter school shall have the
424	754		following powers and duties:
425		-
426	755		1. Provide oversight of the operations of charter schools in
427	756		the state through annual performance reviews of charter schools and
428	757		reauthorization of charter schools for which it is a sponsor;
429		-
430	758		2. Solicit and evaluate charter applications;
431		-
432	759		3. Approve quality charter applications that meet identified
433	760		educational needs and promote a diversity of educational choices;
434		-
435	761		4. Decline to approve weak or in adequate charter applications;
436		-
437	762		5. Negotiate and execute sound charter contracts with each
438	763		approved public charter school;
439		-
440	764		6. Monitor, in accordance with charter contract term s, the
441	765		performance and legal compliance of charter schools; and
442		-
443	766		7. Determine whether each charter contract merits renewal,
444	767		nonrenewal or revocation.
445		-
446	768		J. Sponsors shall establish a procedure for accepting,
447	769		approving and disapproving charter school applicat ions in accordance
448	770		with subsection E of this section.
449		-	ENR. H. B. NO. 3872 Page 11
450	771		K. Sponsors shall be requ ired to develop and maintain
451	772		chartering policies and practices consistent with recognized
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452	800		principles and standards for quality charter authorizing as
453	801		established by the State D epartment of Education in all major areas
454	802		of authorizing responsibility, includi ng organizational capacity and
455	803		infrastructure, soliciting and evaluating charter applications,
456	804		performance contracting, ongoing charter school oversight and
457	805		evaluation and charter renewal decision-making.
458		-
459	806		L. Sponsors acting in their official capacity shal l be immune
460	807		from civil and criminal liability with respect to all activities
461	808		related to a charter school with which they contract.
462		-
463	809		SECTION 3. It being immediately necessary for the preservation
464	810		of the public peace, health or safety, an emergency is hereby
465	811		declared to exist, by reason whereof this act shall take effect and
466	812		be in full force from and after its passage an d approval.
467		-	ENR. H. B. NO. 3872 Page 12
468		-	Passed the House of Representatives the 9th day of March, 2022.
469		-
470		-
471		-
472		-
473		-	Presiding Officer of the House
474		-	of Representatives
475		-
476		-
477		-	Passed the Senate the 27th day of April, 2022.
478		-
479		-
480		-
481		-
482		-	Presiding Officer of the Senate
483		-
484		-
485		-
486		-	OFFICE OF THE GOVERNOR
487		-	Received by the Office of the Governor this ____________________
488		-	day of ___________________, 20_______, a t _______ o'clock _______ M.
489		-	By: _________________________________
490		-	Approved by the Governor of the State of Oklahoma this _____ ____
491		-	day of ___________________, 20_______, at _______ o'clock _______ M.
492		-
493		-
494		-	_________________________________
495		-	Governor of the State of Oklahoma
496		-
497		-	OFFICE OF THE SECRETARY OF STATE
498		-	Received by the Office of the Secretary of State this __________
499		-	day of ___________________, 20_______, at _______ o'clock _______ M.
500		-	By: _________________________________
501		-
	813	+	COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
	814	+	April 12, 2022 - DO PASS