Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1238 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1238 By: Dugger of the Senate
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8	38		and
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10	40		Ranson of the House
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15	45		An Act relating to schools; amending 70 O.S. 2021,
16	46		Section 1-111, which relates to the school day;
17	47		clarifying that nothing shall prohibit certain
18	48		student who transfers from enrolling in certai n full-
19	49		time virtual education program; subjecting certain
20	50		transfer student to certain pro visions; requiring
21	51		certain board of education to adopt certai n policy;
22	52		amending 70 O.S. 2021, Section 3 -145.5, which relates
23	53		to full-time virtual education; removing language
24	54		prohibiting a school district from offering certain
25	55		program to students who are not re sidents of the
26	56		district; providing an effective date; an d declaring
27	57		an emergency.
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31		-	~~SUBJECT: Schools~~
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33	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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35	64		SECTION 1. AMENDATORY 70 O.S. 2021, Section 1 -111, is
36	65		amended to read as follows:
37		-
38	66		Section 1-111. A. Except as otherwi se provided for by l aw, a
39	67		school day shall consist of not less than six (6) hours devoted to
40	68		school activities. A district board of education may elect to
41	69		extend the length of one (1) or more school days to more than six
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42	97		(6) hours and reduce the number of school days as long as the total
43	98		amount of classroom instruction time is not less than one thousand
44	99		eighty (1,080) hours per year as required pursuant to Section 1-109
45	100		of this title.
46		-
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48		-	ENR. S. B. NO. 1238 Page 2
49	101		B. A school day for nursery, early childhood education,
50	102		kindergarten, and alternative educa tion programs shall be as
51	103		otherwise defined by law or as defined by the State Board of
52	104		Education. Except as otherwise provided for in this subsection, not
53	105		more than one (1) school day shall be counted for attendance
54	106		purposes in any twenty-four-hour period. Two (2) school days, each
55	107		consisting of not less than six (6) hours, may be counted for
56	108		attendance purposes in any twenty-four-hour period only if one of
57	109		the school days is for the purpose of parent -teacher conferences
58	110		held as provided for in Section 1-109 of this title.
59		-
60	111		C. Students absent from school in which they are regularly
61	112		enrolled may be considered as being in attendance if the reason for
62	113		such absence is to participate in scheduled school activities under
63	114		the direction and sup ervision of a regula r member of the faculty or
64	115		to participate in an online course approved by the district board of
65	116		education. The State Board of Education shall adopt rules to
66	117		provide for the implementation of supplemental online courses which
67	118		shall include, but not be limited to, provisions addressing the
68	119		following:
	120	+	1. Criteria for student admissions eligibility;
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70		-	1. Criteria for student admissions eligibility;
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72	148		2. A student admission process administered t hrough the
73	149		district of residence, which provides the ability for the student to
74	150		enroll in individual courses;
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76	151		3. A process by which students are not denied the opportunity
77	152		to enroll in educationally appropriate courses by school districts.
78	153		For the purposes of this section, “educationally appropriate ” means
79	154		any instruction that is not substantially a repeat of a course or
80	155		portion of a course that the student has successfully completed,
81	156		regardless of the grade of the student, and regardless of whether a
82	157		course is similar to or identical to the instruction that is
83	158		currently offered in the school distri ct;
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85	159		4. Creation of a system which provides ongoing enrollment
86	160		access for students throughout the school year;
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88	161		5. A grace period of fifteen (15) calendar days from the first
89	162		day of an online course for student withdrawal from an online course
90	163		without academic penalty;
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92		-	ENR. S. B. NO. 1238 Page 3
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94	164		6. Mastery of competencies for course completion rather than
95	165		Carnegie units;
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97	166		7. Student participation in extracurricular activities in
98	167		accordance with school district eligibility rules and policies and
99	168		any rules and policies of a private or ganization or associ ation
100	169		which provides the coordination, supervision, and regulation of the
101	170		interscholastic activities and contests of schools;
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103	198		8. Parent authorization for release of state test results to
104	199		online course providers, on a form developed by the State Department
105	200		of Education; and
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107	201		9. A review process to identify and certify online course
108	202		providers and a uniform payment processing system.
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110	203		D. Each district board of education shall adopt policies and
111	204		procedures that conform to rules for online c ourses as adopted by
112	205		the State Board. Such policies shall include criteria for approval
113	206		of the course, the appropriateness of the course for a particular
114	207		student, authorization for full-time students to enroll in online
115	208		courses, and establishing fees or c harges. No district shall be
116	209		liable for payment of any fees or charges for any online course for
117	210		a student who has not complied with the district’s policies and
118	211		procedures. School districts shall not deny students the
119	212		opportunity to enroll in educational ly appropriate cours es and shall
120	213		provide an admissions process which includes input from the student,
121	214		the parent or legal guardian of the student, and school faculty.
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123	215		E. Districts shall require students enrolled in online courses
124	216		to participate in the Okl ahoma School Testing Program Act. Students
125	217		participating in online courses from a remote site will be
126	218		responsible for providing their own equipment and Internet acce ss,
127	219		unless the district chooses to provide the equipment. Credit may
128	220		not be granted for s uch courses except u pon approval of the State
129	221		Board of Education and the district board of education.
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131	249		F. Nothing in this section shall prohibit a student who
132	250		transfers from the d istrict in which the student resides to another
133	251		school district pursuant to the Education Open Tr ansfer Act from
134	252		enrolling in a full-time virtual education pr ogram offered by the
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136		-	ENR. S. B. NO. 1238 Page 4
137	253		receiving school district. A student who enrolls pursuant to this
138	254		subsection shall be subject to the provisions of Section 8 -103.2 of
139	255		this title. The board of education of a school district with a
140	256		full-time virtual education program shall ado pt a policy to
141	257		determine the number of transfer students the program has t he
142	258		capacity to accept in each grade level, as provided for in S ection
143	259		8-101.2 of this title.
144		-
145	260		G. Districts may provide students with opportunities for
146	261		blended instruction. “Blended instruction” shall mean a combination
147	262		of brick-and-mortar learning and virtual learning environments that
148	263		includes elements of a student ’s control over place, pace, and path
149	264		of learning. A student in blended instruction may work on virtual
150	265		courses at home or at school in a blended flex lab but shall
151	266		participate in at least one unit or set of competencies as defined
152	267		by Section 11-103.6 of this title at a physical school building in a
153	268		traditional classroom setting which is the academic equivalent of
154	269		one (1) hour per day for each instructional day in the school year
155	270		as defined by Section 1-109 of this title.
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157	271		G. H. The school day for kindergarten may consist of six (6)
158	272		hours devoted to schoo l activities.
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160	300		SECTION 2. AMENDATORY 70 O.S. 2021, Section 3-145.5, is
161	301		amended to read as follows:
162		-
163	302		Section 3-145.5. A. Notwithstanding any other provision of
164	303		law, beginning July 1, 2014, no school district sha ll offer full-
165	304		time virtual education to stude nts who are not residents of the
166	305		school district or enter into a virtual charter school contract with
167	306		a provider to provide full -time virtual education to students who do
168	307		not reside within the school district bo undaries.
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170	308		B. Effective July 1, 2014, the Sta tewide Virtual Charter School
171	309		Board shall succeed to any contractual rights and responsibilities
172	310		incurred by a school district in a virtual charter school contract
173	311		executed prior to January 1, 2014, with a provi der to provide full-
174	312		time virtual education to students who do not reside within t he
175	313		school district boundaries. All property, equipment, supplies,
176	314		records, assets, current and future liability, encumbrances,
177	315		obligations, and indebtedness associated with t he contract shall be
178	316		transferred to the State wide Virtual Charter School Board.
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180		-	ENR. S. B. NO. 1238 Page 5
181	317		Appropriate conveyances and other documents shall be executed to
182	318		effectuate the transfer of any property associated with the
183	319		contract. Upon succession of the contract, the Bo ard shall assume
184	320		sponsorship of the virtual c harter school for the remainder of th e
185	321		term of the contract. Prior to the end of the current term of the
186	322		contract, the Board shall allow the provider of the virtual charter
187	323		school to apply for renewal of the co ntract with the Boar d in
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188	351		accordance with the renewal procedures established pursua nt to
189	352		Section 3-145.3 of this title.
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191	353		SECTION 3. This act shall become effective July 1, 2022.
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193	354		SECTION 4. It being immediately necessary for the preservation
194	355		of the public peace, health or safety, an emergency is hereby
195	356		declared to exist, by reason whereof this act shall take effect and
196	357		be in full force from and after its passage and approval.
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199		-	ENR. S. B. NO. 1238 Page 6
200		-	Passed the Senate the 22nd day of March, 2022.
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202		-
203		-
204		-	Presiding Officer of the Senate
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207		-	Passed the House of Representa tives the 27th day of April, 2022.
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211		-	Presiding Officer of the House
212		-	of Representatives
213		-
214		-	OFFICE OF THE GOVERNOR
215		-	Received by the Office of the Governor this _______ _____________
216		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
217		-	By: _______________________________ __
218		-	Approved by the Governor of the State of Oklahoma this _____ ____
219		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
220		-
221		-	_________________________________
222		-	Governor of the State of Oklahoma
223		-
224		-
225		-	OFFICE OF THE SECRETARY OF STATE
226		-	Received by the Office of the Secretary of State this _______ ___
227		-	day of __________________, 20 _______, at _______ o'clock _______ M.
228		-	By: _______________________________ __
	359	+	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION , dated 04/12/2022
	360	+	- DO PASS.