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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 1402 By: Dahm
COMMITTEE SUBSTITUTE
An Act relating to charter schools; creating th e
Professional Teacher Charter Act; provi ding short
title; providing purpose; defining terms;
establishing eligibility to sponsor a professional
teacher charter school; requiring filing of certain
bond or letter of credit; allowing conversion of
certain charter school; providing applicatio n
process; allowing the State Board of Educati on to
disapprove applications for certain reasons;
requiring the Board to approve certain applications
within certain time period; creating certain cause of
action; allowing award of certain costs and fees;
providing for governance of professional teacher
charter school; providing for term of charter
contract; providing eligibility to assume the terms
of a charter contract; establishing powers and duties
of a professional teacher chart er school; prohibiting
a professional teacher charter school from being
subject to certain provisions; establishing
boundaries of a professional teacher charter school;
providing for student enrollment; creati ng the
Professional Teacher Charter Student Revolving Fund;
specifying source of fund; providing for
expenditures; providing purpose of fund; providing
for distribution of funds to certain schools;
providing for retention or distribution of certain
property; providing for cal culation of weighted
average daily member ship and State Aid for a
professional teacher charter school; prohibiting
certain school from receiving certain funds;
directing the State Board of Education to determine
certain policy; requiring use of certain sys tem to
report transactions; providing for promulgation of
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rules; amending 70 O.S. 2021, Section 3-138, which
relates to unlawful reprisal against certain
employees; adding reference to certain charter
school; amending 70 O.S. 2021, Section 3 -144, which
relates to the Charter Schools Incentive Fun d;
allowing use of fund for certain purpose; providing
for codification; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 3-146 of Title 70, unless there
is created a duplication in numb ering, reads as follows:
A. This act shall be known and may be cited as the
“Professional Teacher Charter Act ”.
B. The purpose of the Professional Teacher Charter Act is to
provide for the establishment of profes sional teacher charter
schools to:
1. Improve student learning;
2. Increase learning opportunities for students;
3. Allow experienced public school teachers to establish
themselves as independent education practitioners;
4. Encourage the use of differe nt and innovative teaching
methods;
5. Provide additional academic choices for parents and
students;
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6. Increase parental knowledge and control of student
curriculum;
7. Reduce administrative interference in classroom teaching;
and
8. Increase transpar ency of student performance outcomes.
C. For the purposes of this act:
1. “Certified teacher” means a teacher who has been issued a
certificate by the State Board of Education in accordance with the
Oklahoma Teacher Preparation Act and rules of the Board ;
2. “Charter school” means a public school establi shed by
contract pursuant to this 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; and
3. “Parent” means the natural or adoptive parent or legal
guardian of a minor child.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes a s Section 3-146.1 of Title 70
, unless there is created a duplication in numbering, reads as
follows:
A. A certified teacher who has five (5) years of teaching
experience or a consortium of certified teachers who each have five
(5) years of teaching experi ence may sponsor a professional teacher
charter school pursuant to the provisions of t his act.
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B. A certified teacher or consortium of certified teachers
shall file with the State Board of Education a surety bond or letter
of credit in an amount equal to Two Thousand Dollars ($2,000.00) per
student expected to enroll in the professional teacher charter
school. The surety bond or letter of credit amount may be adjusted
based on actual enrollment of students in the professional teacher
charter school as of August 1. In no case shall the amount of
surety bond or letter of credit be less than Twenty -five Thousand
Dollars ($25,000.00).
C. A charter school established pursuant to the Oklahoma
Charter Schools Act may convert to a p rofessional teacher charter
school subject to the provisions of this act.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-146.2 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. A certified teacher or consortium of certified teachers
seeking to establish a professional teacher c harter school pursuant
to this act shall submit a written application to the State Board of
Education. The Board shall make the application available on its
website, and applications may be submitted online. The Board shall
not charge an application fee. The application shall include:
1. The name of the applicant(s) accompanied by copies of
certificates to teach issued by the B oard and proof that the
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applicant(s) has five (5) years of teaching experience in this
state;
2. Proof of filing the surety bond or letter of credit required
by Section 2 of this act; and
3. The designated point of cont act between the professional
teacher charter school and State Board of Education.
B. 1. The State Board of Education may disapprove an
application that does not meet one or more of the requirements set
forth in this section or Section 4 of this act.
2. The State Board of Education shall approve an application
that meets the requirements of this section and Section 4 of this
act within thirty (30) days of receipt of the application and grant
the applicant a charter contract . If an application that meet s the
requirements of this section and Section 4 of this act is not
approved within thirty (30) days of receipt, the applicant(s) shall
have a cause of action in district court. The court may award costs
and reasonable attorney fees to the prevailing party.
C. A professional teacher charter school established pursuant
to the provisions of this act may be organized as a sole
proprietorship or any other business entity authorized to do
business in this state.
D. A professional teacher charter school shall be govern ed by
the certified teacher or consortium of certified teachers who
applied for the school pursuant to this section and shall have
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exclusive control over curriculum selection, development, and
delivery. Provided, however, a professional teacher charter school
may have a non-teacher advisory board.
E. A professional teacher charter school contract shall be a
continuing contract.
F. If a certified teacher or consortium o f certified teachers
granted a professional teacher char ter school contract pursuant to
the provisions of this section is no longer willing or able to
operate the charter school , another certified teacher or consortium
of teachers who meets the requirements of subsection A of Section 2
of this act may apply to the State Board of Education to assume the
terms of the charter contract. The State Board of Education shall
approve the transfer of the charter contract if the applicati on
meets the requirements of this section and Section 4 of this act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-146.3 of Title 70, unless
there is created a duplication in numb ering, reads as follows:
A. A professional teacher charter school established p ursuant
to this act:
1. May provide a comprehensive program of instruction for
prekindergarten, kindergarten, or any grade between grades one and
twelve;
2. Shall ensure that each enrolled student takes a nati onally
norm-referenced test approved by the State Board of Education once
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each school year. Individual student test results shall be
delivered to the student’s parents along with aggregated charter
school results. Aggregate test data shall be remitted to the State
Department of Education and pu blished on the professional teacher
charter school’s website;
3. Shall post on its website a statement describing the extent
to which the charter school’s curriculum complies with or departs
from the subject matter standards adopted by the State Board of
Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma
Statutes;
4. Shall post on its websi te information regarding curricu lum
and instructional materials to be used by charter school students
and teachers;
5. Shall adopt bylaws that:
a. ensure compliance with all federal regulations and
state and local rules and statutes relating to health,
safety, civil rights, and insuranc e, and
b. require that the charter school be as equally free and
open to all students as traditional public schools;
6. Shall have independent control over curriculum and personnel
decisions;
7. May enter into contracts, sue, and be sued; and
8. Shall not levy taxes or issue bonds.
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B. A professional teacher charter school establi shed pursuant
to this act shall not be subject to any pr ovision of the Oklahoma
Charter Schools Act except as provided for in this act. A
professional teacher charter school sh all not:
1. Be required to participate in the testing required by the
Oklahoma School Testing Program Act; however, the charter school may
choose to participate;
2. Be required to participate in the accountability system
established pursuant to Section 1 210.545 of Title 70 of the Oklahoma
Statutes; however, the charter school may choose to participate;
3. Be required to employ persons who have a valid certificate
issued by and in accordance with the rules of the State Bo ard of
Education;
4. Be required to comply with the minimum salary and benefits
set forth in Section 18 -114.14 of Title 70 of the Oklahoma Statutes;
5. Be required to comply with employer -employee bargaining
provisions set forth in Sections 5 09.1 through 509.10 of Title 70 of
the Oklahoma Statutes; and
6. Be required to comply with provisions regarding the length
of the school day as provided for in Sect ion 1-111 of Title 70 of
the Oklahoma Statutes or the length of the schoo l year as provided
for in Section 1-109 of Title 70 of t he Oklahoma Statutes.
C. 1. A professional teacher charter school established
pursuant to this act shall be a statewide charter school , and the
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geographic boundaries of each professional teacher charter school
shall be the borders of the state.
2. Any student between the ages of five (5) on or before
September 1 and twenty-one (21) years on or before September 1 shall
be eligible to submit an enrollment application to a professional
teacher charter school.
3. A professional teacher charter school shall not limit
enrollment or discriminate based on race, sex, or religion.
4. The State Board of Education shall not restrict the number
of students a professional teacher charter school may enroll.
5. A professional teacher charter school may establish
enrollment criteria based on objective academic standards and
educational emphasis.
6. By July 1 each year, a professional teacher charter school
shall determine and post on its website the capacity for each grade
level offered by the school. If capacity is insufficient to enroll
all eligible students, the school shall select students through a
lottery selection process.
D. A professional teacher charter school may provide student
transportation.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-146.4 of Title 70, unless
there is created a duplication in numb ering, reads as follows:
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A. There is hereby created in the State Treasury a revol ving
fund for the State Department of Education to be designated the
“Professional Teacher Charter Student Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the State Department of
Education from the surety bond or irrevoca ble letter of credit
required by subsection B of Section 2 of this act. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the State Department of Education for
the purpose set forth in subsection B o f this section. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterp rise Services for
approval and payment.
B. 1. In the event that a professional teacher charter school
established pursuant to the Professional Teacher Charter Act created
in Section 1 of this ac t permanently ceases operations prior to the
end of a school year, the surety bond or irrevocable letter of
credit required by subsection B of Section 2 of this act shall be
paid to the Professional Teacher Charter Student Revolving Fund
created in subsection A of this section. The State Department of
Education shall distribute the funds on a pro-rata basis to the
school districts or public charter schools established pursuant to
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the Oklahoma Charter Schools Act in which students who had been
attending a professional te acher charter school enroll.
2. a. If a professional teacher charter school is
established as a non-profit sole proprietorship or
other business entity pursuant to subsection C of
Section 3 of this act and permanently ceases
operations, any real or personal property purchased by
the charter school with public funds shall be retained
by the State Board of Educati on for distribution to
the school districts or public charter schools
established pursuant to the Oklahoma Charter Schools
Act in which students who had been attending a
professional teacher charter school enroll . Priority
shall be given to public charter schools in which
students who had been attending a professional teach er
charter school enroll.
b. If a professional teacher charter school is
established as a for -profit sole proprietorship or
other business entity pursuant to subsection C of
Section 3 of this act and permanently ceases
operations, any real or personal property purchased by
the charter school with public funds shall be retained
by the sole proprietorship or other business entity.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-146.5 of Title 70, unless
there is created a duplication i n numbering, reads as follows:
A. For the purpose of calculating weighted average daily
membership pursuant to Section 18-201.1 of Title 70 of the Oklahoma
Statutes and State Aid pursuant to Section 18 -200.1 of Title 70 of
the Oklahoma Statutes, the weighted average daily membershi p for the
first year of operation of a professional teacher charter school
established pursuant to the prov isions of this act shall be
determined by multiplying the actual enrollme nt of students as of
August 1 by 1.333. The professional teacher charter school shall
receive revenue equal to that which would be generated by the
estimated weighted average daily membership calculated pursuant to
this paragraph. At midyear, the allocation for the professional
teacher charter school shall be adjusted using the first quarter
weighted average daily membership for the professional teacher
charter school calculated pursuant to Section 18-201.1 of Title 70
of the Oklahoma Statutes .
B. A professional teacher charter school shall not be elig ible
to receive state-dedicated, local, or county revenue; provided, a
professional teacher charter school may be eligible to receive any
other aid, grants, or revenues allowed to other schools. A
professional teacher charter school shall be considered a local
education agency for purposes of funding.
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C. The State Board of Education shall determine the policy and
procedure for making payments to a professional teacher charter
school.
D. A professional teacher charter school shall use the Oklahoma
Cost Accounting System to report financial transactions to the State
Board of Education.
E. Any unexpended funds received by a professional teacher
charter school may be reserved and used for future purposes.
SECTION 7. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as S ection 3-146.6 of Title 70, unless
there is created a du plication in numbering, reads as follows:
The State Board of Ed ucation shall promulgate rules to implement
the provisions of this act and to expedite the creation and
maintenance of professional teacher charter schools .
SECTION 8. AMENDATORY 70 O.S. 2021, Sec tion 3-138, is
amended to read as follows:
Section 3-138. A board of education of a school district or an
employee of the district who has control over personnel actions
shall not take unlawful reprisal action against an employee o f the
school district for the reason that the employee is directly or
indirectly involved in an application to establish a charter school
pursuant to the Oklahoma Charter Schools Act or the Professional
Teacher Charter Act created in Section 1 of this act . As used in
this section, “unlawful reprisal” means an action that is taken by a
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board of education or a school distr ict employee as a direct result
of a lawful application to establish a charter school pursuant to
the Oklahoma Charter Schools Act or the Professional Teacher Charter
Act created in Section 1 of this act and that is adverse to an
employee or an education program.
SECTION 9. AMENDATORY 70 O.S. 2021, Section 3 -144, is
amended to read as follows:
Section 3-144. A. There is hereby created in the State
Treasury a fund to be designated the “Charter Schools Incentive
Fund”. The fund shall be a continuing fund , not subject to fiscal
year limitations, and shall consist of all monies appropriated by
the Legislature, gifts, grants, devises , and donations from any
public or private source. The State Dep artment of Education shall
administer the fund for the purpose of providing financial support
to charter school applicants and charter schools established
pursuant to the Oklahoma Charter Schools Act or the Professional
Teacher Charter Act created pursuant to Section 1 of this act for
start-up costs and costs associa ted with renovating or remodeling
existing buildings and structures for use by a charter school. The
State Department of Education is aut horized to allocate funds on a
per-pupil basis for purpo ses of providing matching funds for the
federal State Charter School Facilities Incentive Grants Program
created pursuant to the No Child Left Behind Act, 20 USCA, Section
7221d.
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B. The State Board o f Education shall adopt rules to implement
the provisions of this section, including application and
notification requirements.
SECTION 10. This act shall become effective July 1, 2022.
SECTION 11. It being immediately neces sary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason w hereof this act shall take effect and
be in full force from and after its passage and approval.
58-2-3481 EB 2/22/2022 12:31:28 PM