OK
Oklahoma Senate Bill SB1402

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1402 Compare Versions

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2853 STATE OF OKLAHOMA
2954
3055 2nd Session of the 58th Legislature (2022)
3156
32-COMMITTEE SUBSTITUTE
33-FOR
3457 SENATE BILL 1402 By: Dahm
3558
3659
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3861
3962
40-COMMITTEE SUBSTITUTE
63+AS INTRODUCED
4164
4265 An Act relating to charter schools; creating th e
4366 Professional Teacher Charter Act; provi ding short
44-title; providing purpose; defining terms;
67+title; providing purpose; providing def initions;
4568 establishing eligibility to sponsor a professional
4669 teacher charter school; requiring filing of certain
4770 bond or letter of credit; allowing conversion of
4871 certain charter school; providing applicatio n
4972 process; allowing the State Board of Educati on to
5073 disapprove applications for certain reasons;
5174 requiring the Board to approve certain applications
5275 within certain time period; creating certain cause of
5376 action; allowing award of certain costs and fees;
5477 providing for governance of professional teacher
55-charter school; providing for term of charter
56-contract; providing eligibility to assume the terms
57-of a charter contract; establishing powers and duties
58-of a professional teacher chart er school; prohibiting
59-a professional teacher charter school from being
60-subject to certain provisions; establishing
61-boundaries of a professional teacher charter school;
62-providing for student enrollment; creati ng the
63-Professional Teacher Charter Student Revolving Fund;
64-specifying source of fund; providing for
65-expenditures; providing purpose of fund; providing
66-for distribution of funds to certain schools;
67-providing for retention or distribution of certain
68-property; providing for cal culation of weighted
69-average daily member ship and State Aid for a
78+charter school; providing for term and renewal of
79+charter contract; providing eligibility to assume the
80+terms of a charter contract; establishing powers and
81+duties of a professional teacher chart er school;
82+prohibiting a professional teacher charter school
83+from being subject to certain provisions;
84+establishing boundaries of a professional teacher
85+charter school; providing for student enrollment;
86+creating the Professional T eacher Charter Student
87+Revolving Fund; specifying source of fund; providing
88+for expenditures; providing purpose of fund;
89+providing for distribution of funds to certain
90+schools; providing for retention and distribution of
91+certain property; providing for cal culation of
92+weighted average daily member ship and State Aid for a
7093 professional teacher char ter school; prohibiting
7194 certain school from receiving certain funds;
7295 directing the State Board of Education to determine
7396 certain policy; requiring use of certain sys tem to
7497 report transactions; providing for promulgation of
98+rules; amending 70 O.S. 2021, Sec tion 3-138, which
99+relates to unlawful reprisal against certain
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101-rules; amending 70 O.S. 2021, Section 3-138, which
102-relates to unlawful reprisal against certain
103151 employees; adding reference to certain charter
104152 school; amending 70 O.S. 2021, Section 3 -144, which
105153 relates to the Charter Schools Incentive Fun d;
106154 allowing use of fund for certain purpose; provi ding
107155 for codification; providing an effective date; and
108156 declaring an emergency.
109157
110158
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112160
113161 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
114162 SECTION 1. NEW LAW A new secti on of law to be codified
115163 in the Oklahoma Statutes as Sec tion 3-146 of Title 70, unless there
116164 is created a duplication in numb ering, reads as follows:
117165 A. This act shall be known and may be cited as the
118166 “Professional Teacher Charter Act ”.
119167 B. The purpose of the Professional Teacher Charter Act is to
120168 provide for the establishment of profes sional teacher charter
121169 schools to:
122170 1. Improve student learning;
123171 2. Increase learning opportunities for students;
124172 3. Allow experienced public school teachers to establish
125173 themselves as independent education practitioners;
126174 4. Encourage the use of differe nt and innovative teaching
127175 methods;
128176 5. Provide additional academic choices for parents and
129177 students;
178+6. Increase parental knowledge and control of student
179+curriculum;
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156-6. Increase parental knowledge and control of student
157-curriculum;
158231 7. Reduce administrative interference in classroom teaching ;
159232 and
160233 8. Increase transpar ency of student performance outcomes.
161234 C. For the purposes of this act:
162235 1. “Certified teacher” means a teacher who has been issued a
163236 certificate by the State Board of Education in accordance with the
164237 Oklahoma Teacher Preparation Act and rules of the Board ;
165238 2. “Charter school” means a public school establi shed by
166239 contract pursuant to this act to provide learning that will improve
167240 student achievement and as defined in the Elementary and Secondary
168241 Education Act of 1965, 20 U.S.C. 8 065; and
169242 3. “Parent” means the natural or adoptive parent or legal
170243 guardian of a minor child.
171244 SECTION 2. NEW LAW A new section of law to be codified
172-in the Oklahoma Statutes a s Section 3-146.1 of Title 70
173-, unless there is created a duplication in numbering, reads as
174-follows:
245+in the Oklahoma Statutes a s Section 3-146.1 of Title 70, unless
246+there is created a duplication in numbering, reads as follows:
175247 A. A certified teacher who has five (5) years of teaching
176248 experience or a consortium of certified teachers who each have five
177249 (5) years of teaching experi ence may sponsor a professional teacher
178250 charter school pursuant to the provisions of t his act.
251+B. A certified teacher or consortium of certified teachers
252+shall file with the State Board of Education a surety bond or letter
253+of credit in an amount equal to Two Thousand Dollars ($2,000.00) per
254+student expected to enroll in the professional teacher charter
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205-B. A certified teacher or consortium of certified teachers
206-shall file with the State Board of Education a surety bond or letter
207-of credit in an amount equal to Two Thousand Dollars ($2,000.00) per
208-student expected to enroll in the professional teacher charter
209306 school. The surety bond or letter of credit amount may be adjusted
210307 based on actual enrollment of students in the professional teacher
211308 charter school as of August 1. In no case shall the amount of
212309 surety bond or letter of credit be less than Twenty -five Thousand
213310 Dollars ($25,000.00).
214311 C. A charter school established pursuant to the Oklahoma
215312 Charter Schools Act may convert to a p rofessional teacher charter
216313 school subject to the provisions of this act.
217314 SECTION 3. NEW LAW A new section of law to be codified
218315 in the Oklahoma Statutes as Section 3-146.2 of Title 70, unless
219316 there is created a duplication in numbering, reads as follows:
220317 A. A certified teacher or consortium of certified teachers
221318 seeking to establish a professional teacher c harter school pursuant
222319 to this act shall submit a written application to the State Board of
223320 Education. The Board shall make the application available on its
224321 website, and applications may be submitted online. The Board shall
225322 not charge an application fee. The application shall include:
226323 1. The name of the applicant(s) accompanied by copies of
227324 certificates to teach issued by the B oard and proof that the
325+applicant(s) has five (5) years of teaching experience in thi s
326+state;
327+2. Proof of filing the surety bond or letter of credit required
328+by Section 2 of this act; and
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254-applicant(s) has five (5) years of teaching experience in this
255-state;
256-2. Proof of filing the surety bond or letter of credit required
257-by Section 2 of this act; and
258380 3. The designated point of cont act between the professional
259381 teacher charter school and State Board of Education.
260382 B. 1. The State Board of Education may disapprove an
261383 application that does not meet one or more of the requirements set
262384 forth in this section or Section 4 of this act.
263385 2. The State Board of Education shall approve an application
264386 that meets the requirements of this section and Section 4 of this
265387 act within thirty (30) days of receipt of the application and grant
266388 the applicant a charter contract . If an application that meet s the
267389 requirements of this section and Section 4 of this act is not
268390 approved within thirty ( 30) days of receipt, the appli cant(s) shall
269391 have a cause of action in district court. The court may award costs
270392 and reasonable attorney fees to the prevailing party.
271393 C. A professional teacher charter school established pursuant
272394 to the provisions of this act may be organized as a sole
273395 proprietorship or any other business entity authorized to do
274396 business in this state.
275397 D. A professional teacher charter school shall be govern ed by
276398 the certified teacher or consortium of certified teachers who
277399 applied for the school pursuant to this section and shall have
400+exclusive control over curriculum selection, development, and
401+delivery. Provided, however, a professional teacher charter school
402+may have a non-teacher advisory board.
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304-exclusive control over curriculum selection, development, and
305-delivery. Provided, however, a professional teacher charter school
306-may have a non-teacher advisory board.
307-E. A professional teacher charter school contract shall be a
308-continuing contract.
454+E. The term of a professional teacher charter school contract
455+shall be five (5) years from the first day of operation. A
456+professional teacher charter school co ntract may be renewed for
457+successive five-year terms of duration.
309458 F. If a certified teacher or consortium o f certified teachers
310459 granted a professional teacher char ter school contract pursuant to
311460 the provisions of this section is no longer willing or able to
312461 operate the charter school, another certified teacher or consortium
313462 of teachers who meets the requirements of subsection A of Section 2
314463 of this act may apply to the State Board of Education to assume the
315464 terms of the charter contract. The State Board of Education shall
316465 approve the transfer of the charter contract if the applicati on
317466 meets the requirements of this section and Section 4 of this act .
318467 SECTION 4. NEW LAW A new section of law to be codified
319468 in the Oklahoma Statutes as Section 3-146.3 of Title 70, unless
320469 there is created a duplication in numb ering, reads as follows:
321470 A. A professional teacher charter school established p ursuant
322471 to this act:
323472 1. May provide a comprehensive program of instruction for
324473 prekindergarten, kindergarten, or any grade between grades one and
325474 twelve;
326475 2. Shall ensure that each enrolled student takes a nati onally
327476 norm-referenced test approved by the State Board of Education once
477+each school year. Individual student test results shall be
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354-each school year. Individual student test results shall be
355529 delivered to the student’s parents along with aggregated charter
356530 school results. Aggregate test data shall be remitted to the State
357531 Department of Education and pu blished on the professional teacher
358532 charter school’s website;
359533 3. Shall post on its website a statement describing the extent
360534 to which the charter school ’s curriculum complies with or departs
361535 from the subject matter standards adopted by the State Board of
362536 Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma
363537 Statutes;
364538 4. Shall post on its websi te information regarding curriculum
365539 and instructional materials to be used by charter school students
366540 and teachers;
367541 5. Shall adopt bylaws that:
368542 a. ensure compliance with all federal regulations and
369543 state and local rules and statutes relating to health,
370544 safety, civil rights, and insurance , and
371545 b. require that the charter school be as equally free and
372546 open to all students as traditional public schools;
373547 6. Shall have independent control over curriculum and personnel
374548 decisions;
375549 7. May enter into contracts, sue, and be sued; and
376550 8. Shall not levy taxes or issue bonds.
551+B. A professional teacher charter school establi shed pursuant
552+to this act shall not be subject to any pr ovision of the Oklahoma
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403-B. A professional teacher charter school establi shed pursuant
404-to this act shall not be subject to any pr ovision of the Oklahoma
405604 Charter Schools Act except as provided for in this act. A
406605 professional teacher charter school shall no t:
407606 1. Be required to participate in the testing required by the
408607 Oklahoma School Testing Program Act ; however, the charter school may
409608 choose to participate;
410609 2. Be required to participate in the accountability system
411610 established pursuant to Section 1210.54 5 of Title 70 of the O klahoma
412611 Statutes; however, the charter school may choose to participate;
413612 3. Be required to employ persons who have a valid certificate
414613 issued by and in accordance with the rules of the State Bo ard of
415614 Education;
416615 4. Be required to com ply with the minimum salary and benefits
417616 set forth in Section 18 -114.14 of Title 70 of the Oklahoma Statutes;
418617 5. Be required to comply with employer -employee bargaining
419618 provisions set forth in Sections 5 09.1 through 509.10 of Title 70 of
420-the Oklahoma Statutes; and
421-6. Be required to comply with provisions regarding the length
619+the Oklahoma Statutes;
620+6. Except as provided for in this act, be exempt from all
621+statutes and rules relating to schools, boards of educatio n, and
622+school districts; and
623+7. Be required to comply with provisions regarding the length
422624 of the school day as provided for in Sect ion 1-111 of Title 70 of
423625 the Oklahoma Statutes or the length of the schoo l year as provided
424626 for in Section 1-109 of Title 70 of t he Oklahoma Statutes.
425-C. 1. A professional teacher charter school established
426-pursuant to this act shall be a statewide charter school , and the
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678+C. 1. A professional teacher charter school established
679+pursuant to this act shall be a statewide charter school , and the
453680 geographic boundaries of each professional teacher charter school
454681 shall be the borders of the state.
455682 2. Any student between the age s of five (5) on or before
456683 September 1 and twenty-one (21) years on or before September 1 shall
457684 be eligible to submit an enrollment application to a professional
458685 teacher charter school.
459686 3. A professional teacher charter school shall not limit
460687 enrollment or discriminate based on race, sex, or religion.
461688 4. The State Board of Education shall not restrict the number
462689 of students a professional teacher charter school may enroll.
463690 5. A professional teacher charter school may establish
464691 enrollment criteria based on objective academic standards and
465692 educational emphasis.
466693 6. By July 1 each year, a professional teacher charter school
467694 shall determine and post on its website the capacity for each grade
468695 level offered by the school . If capacity is insufficient to enroll
469696 all eligible students, the school shall select students through a
470697 lottery selection process.
471698 D. A professional teacher charter school may provide student
472699 transportation.
473-SECTION 5. NEW LAW A new section of law to be codified
474-in the Oklahoma Statutes as Section 3-146.4 of Title 70, unless
475-there is created a duplication in numb ering, reads as follows:
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751+SECTION 5. NEW LAW A new section of law to be codified
752+in the Oklahoma Statutes as Section 3-146.4 of Title 70, unless
753+there is created a duplication in numb ering, reads as follows:
502754 A. There is hereby created in the State Treasury a revol ving
503755 fund for the State Department of Education to be designated the
504756 “Professional Teacher Charter Student Revolving Fund”. The fund
505757 shall be a continuing fund, not subject to fiscal year limitations,
506758 and shall consist of all monies received by the State Department of
507759 Education from the surety bond or irrevoca ble letter of credit
508760 required by subsection B of Section 2 of this act. All monies
509761 accruing to the credit of the fund are hereby appropriated and may
510762 be budgeted and expended by the State Department of Education for
511763 the purpose set forth in subsection B o f this section. Expenditures
512764 from the fund shall be made upon warrants issued by the State
513765 Treasurer against claims filed as prescribed by law with the
514766 Director of the Office of Management and Enterp rise Services for
515767 approval and payment.
516768 B. 1. In the event that a professional teacher charter school
517769 established pursuant to the Professional Teacher Charter Act created
518770 in Section 1 of this ac t permanently ceases operations prior to the
519771 end of a school year, the surety bond or irrevocable letter of
520772 credit required by subsection B of Section 2 of this act shall be
521773 paid to the Professional Teacher Charter Student Revolving Fund
522774 created in subsection A of this section. The State Department of
523-Education shall distribute the funds on a pro-rata basis to the
524-school districts or public charter schools established pursuant to
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826+Education shall distribute the funds on a pro-rata basis to the
827+school districts or public charter schools established pursuant to
551828 the Oklahoma Charter Schools Act in which students who had been
552829 attending a professional te acher charter school enroll.
553-2. a. If a professional teacher charter school is
554-established as a non-profit sole proprietorship or
555-other business entity pursuant to subsection C of
556-Section 3 of this act and permanently ceases
557-operations, any real or personal property purchased by
558-the charter school with public funds shall be retained
559-by the State Board of Educati on for distribution to
560-the school districts or public charter schools
561-established pursuant to the Oklahoma Charter Schools
562-Act in which students who had been attending a
563-professional teacher charter school enroll . Priority
564-shall be given to public charter schools in which
565-students who had been attending a professional teach er
566-charter school enroll.
567-b. If a professional teacher charter school is
568-established as a for -profit sole proprietorship or
569-other business entity pursuant to subsection C of
570-Section 3 of this act and permanently ceases
571-operations, any real or personal property purchased by
572-the charter school with public funds shall be retained
573-by the sole proprietorship or other business entity.
830+2. If a professional teacher charter school permanently ceases
831+operations, any real or personal property purchased by the charter
832+school with public funds shall be retained by the State Board of
833+Education for distribution to the school districts or public charter
834+schools established pursuant to the Oklahoma Charter Schools Act in
835+which students who had been attending a professional te acher charter
836+school enroll. Priority shall be given to public charter schools in
837+which students who had been attending a professional teach er charter
838+school enroll.
839+SECTION 6. NEW LAW A new section of law to be codified
840+in the Oklahoma Statutes as Section 3-146.5 of Title 70, unless
841+there is created a duplication i n numbering, reads as follows:
842+A. For the purpose of calculating weighted average da ily
843+membership pursuant to Section 18-201.1 of Title 70 of the Oklahoma
844+Statutes and State Aid pursuant to Section 18 -200.1 of Title 70 of
845+the Oklahoma Statutes, the weighted average daily membershi p for the
846+first year of operation of a professional teacher charter school
847+established pursuant to the prov isions of this act shall be
848+determined by multiplying the actual enrollme nt of students as of
849+August 1 by 1.333. The professional teacher charter school shall
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600-SECTION 6. NEW LAW A new section of law to be codified
601-in the Oklahoma Statutes as Section 3-146.5 of Title 70, unless
602-there is created a duplication i n numbering, reads as follows:
603-A. For the purpose of calculating weighted average daily
604-membership pursuant to Section 18-201.1 of Title 70 of the Oklahoma
605-Statutes and State Aid pursuant to Section 18 -200.1 of Title 70 of
606-the Oklahoma Statutes, the weighted average daily membershi p for the
607-first year of operation of a professional teacher charter school
608-established pursuant to the prov isions of this act shall be
609-determined by multiplying the actual enrollme nt of students as of
610-August 1 by 1.333. The professional teacher charter school shall
611901 receive revenue equal to that which would be generated by the
612902 estimated weighted average daily membership calculated pursuant to
613903 this paragraph. At midyear, the allocation for the professional
614904 teacher charter school shall be adjusted using the first quarter
615905 weighted average daily membership for the professional teacher
616906 charter school calculated pursuant to Section 18-201.1 of Title 70
617907 of the Oklahoma Statutes .
618908 B. A professional teacher charter school shall not be elig ible
619909 to receive state-dedicated, local, or county revenue; provided, a
620910 professional teacher charter school may be eligible to receive any
621911 other aid, grants, or revenues allowed to other schools. A
622912 professional teacher charter school shall be considered a local
623913 education agency for purposes of funding.
914+C. The State Board of Education shall determine the policy and
915+procedure for making payments to a professional teacher charter
916+school.
917+D. A professional teacher charter school shall use the Oklahoma
918+Cost Accounting System to report financial transactions to the State
919+Board of Education.
920+E. Any unexpended funds received by a professional teacher
921+charter school may be reserved and used for future purposes.
922+SECTION 7. NEW LAW A new sect ion of law to be codified
923+in the Oklahoma Statutes as S ection 3-146.6 of Title 70, unless
924+there is created a du plication in numbering, reads as follows:
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650-C. The State Board of Education shall determine the policy and
651-procedure for making payments to a professional teacher charter
652-school.
653-D. A professional teacher charter school shall use the Oklahoma
654-Cost Accounting System to report financial transactions to the State
655-Board of Education.
656-E. Any unexpended funds received by a professional teacher
657-charter school may be reserved and used for future purposes.
658-SECTION 7. NEW LAW A new sect ion of law to be codified
659-in the Oklahoma Statutes as S ection 3-146.6 of Title 70, unless
660-there is created a du plication in numbering, reads as follows:
661976 The State Board of Ed ucation shall promulgate rules to implement
662-the provisions of this act and to expedite the creation and
663-maintenance of professional teacher charter schools .
977+the provisions of this act.
664978 SECTION 8. AMENDATORY 70 O.S. 2021, Sec tion 3-138, is
665979 amended to read as follows:
666980 Section 3-138. A board of education of a school district or an
667981 employee of the district who has control over personnel actions
668982 shall not take unlawful reprisal action against an employee o f the
669983 school district for the reason that the employee is directly or
670984 indirectly involved in an application to establish a charter school
671985 pursuant to the Oklahoma Charter Schools Act or the Professional
672986 Teacher Charter Act created in Section 1 of this act . As used in
673987 this section, “unlawful reprisal” means an action that is taken by a
988+board of education or a school distr ict employee as a direct result
989+of a lawful application to establish a charter school pursuant to
990+the Oklahoma Charter Schools Act or the Professional Teacher Charter
991+Act created in Section 1 of this act and that is adverse to an
992+employee or an education program.
993+SECTION 9. AMENDATORY 70 O.S. 2021, Section 3 -144, is
994+amended to read as follows:
995+Section 3-144. A. There is hereby created in the State
996+Treasury a fund to be designated the “Charter Schools Incentive
997+Fund”. The fund shall be a continuing fund , not subject to fiscal
998+year limitations, and shall consist of all monies appropriated by
999+the Legislature, gifts, grants, devises , and donations from any
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700-board of education or a school distr ict employee as a direct result
701-of a lawful application to establish a charter school pursuant to
702-the Oklahoma Charter Schools Act or the Professional Teacher Charter
703-Act created in Section 1 of this act and that is adverse to an
704-employee or an education program.
705-SECTION 9. AMENDATORY 70 O.S. 2021, Section 3 -144, is
706-amended to read as follows:
707-Section 3-144. A. There is hereby created in the State
708-Treasury a fund to be designated the “Charter Schools Incentive
709-Fund”. The fund shall be a continuing fund , not subject to fiscal
710-year limitations, and shall consist of all monies appropriated by
711-the Legislature, gifts, grants, devises , and donations from any
7121051 public or private source. The State Dep artment of Education shall
7131052 administer the fund for the purpose of providing financial support
7141053 to charter school applicants and charter schools established
7151054 pursuant to the Oklahoma Charter Schools Act or the Professional
7161055 Teacher Charter Act created pursuant to Section 1 of this act for
7171056 start-up costs and costs associa ted with renovating or remodeling
7181057 existing buildings and structures for use by a charter school. The
7191058 State Department of Education is aut horized to allocate funds on a
7201059 per-pupil basis for purpo ses of providing matching funds for the
7211060 federal State Charter School Facilities Incentive Grants Program
7221061 created pursuant to the No Child Left Behind Act, 20 USCA, Section
7231062 7221d.
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7501063 B. The State Board o f Education shall adopt rules to implement
7511064 the provisions of this section, including application and
7521065 notification requirements.
7531066 SECTION 10. This act shall become effective July 1, 2022.
7541067 SECTION 11. It being immediately neces sary for the preservation
7551068 of the public peace, health or safety, an emergency is hereby
7561069 declared to exist, by reason w hereof this act shall take effect and
7571070 be in full force from and after its passage and approval.
7581071
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