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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 166 By: Dossett (J.A.)
AS INTRODUCED
An Act relating to virtual charter schools; am ending
70 O.S. 2011, Section 3 -104, as last amended by
Section 1, Chapter 271, O.S. L. 2013 (70 O.S. Supp.
2020, Section 3-104), which relates to the State
Board of Education powers and duties; removing
reference to the Statewide Virtual Charter School
Board; amending 70 O.S. 2011, Sectio n 3-142, as last
amended by Section 1, Chapter 122, O.S.L. 2020 (70
O.S. Supp. 2020, Section 3 -142), which relates to
charter school funding; replacing reference to the
Statewide Virtual Charter School Board with the Stat e
Board of Education; amending Section 5, Chapter 367,
O.S.L. 2012, as last amended by Section 2, Chapter
27, O.S.L. 2020 (70 O.S. Supp. 2020, Section 3 -
145.3), which relates powers and duties of the
Statewide Virtual Charter School Board ; removing
references to the Statewide Virtual Charte r School
Board; giving the State Board of Education sole
authority to sponsor stat ewide virtual charter
schools; removing language regarding appeals to the
State Board of Education; providing for
reconsideration of rejec ted application; amending
Section 6, Chapter 367, O.S.L. 20 12, as amended by
Section 6, Chapter 212, O.S.L. 2013 (70 O.S. Supp.
2020, Section 3-145.4), which relates to prom ulgation
of rules; replacing reference to the Statewide
Virtual Charter School Board with the State Board of
Education; amending Section 7, Chapter 367, O.S.L.
2012, as amended by Section 7, Chapter 212, O.S.L.
2013 (70 O.S. Supp. 2020, Section 3 -145.5), which
relates to virtual charter school contracts;
directing the State Board of Education to succeed to
the sponsorship of statewide virtual ch arter schools
by certain date; updating statutory language;
amending Section 1, Chapter 225, O.S.L. 2015 (70 O.S.
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Supp. 2020, Section 3 -145.7), which relates to
Statewide Virtual Charter School Board Revolving
Fund; renaming fund; modifying authority over fund;
modifying purpose of f und; amending Section 1,
Chapter 247, O.S.L. 2017, as amended by Section 3,
Chapter 27, O.S.L. 2020 (70 O.S. Supp. 2020, Section
3-145.8), which relates to virtual charter school
attendance policies; replacing references to the
Statewide Virtual Charter Sc hool Board with the State
Board of Education; updating statutory reference;
amending Section 1, Chapter 86, O.S.L. 2020 (70 O.S.
Supp. 2020, Section 1210.704) , which relates to
access to advanced placement courses; replacing
references to the Statewide Vir tual Charter School
Board with the State Board of Educa tion; updating
statutory reference; repealing Section 3, Chapter
367, O.S.L. 2012, as amended by Section 4, Chapter
212, O.S.L. 2013 (70 O.S. Supp. 20 20, Section 3-
145.1), which relates to creation of the Statewide
Virtual Charter School Board; repealing Section 4,
Chapter 367, O.S.L. 2012 (70 O.S. Supp. 2020, Section
3-145.2), which relates to meetings of the Statewide
Virtual Charter School Board; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 3 -104, as
last amended by Section 1, Chapter 271 , O.S.L. 2013 (70 O.S. Supp.
2020, Section 3-104), is amended to rea d as follows:
Section 3-104. The supervision of the public school system of
Oklahoma shall be vested in the State Board of Education and,
subject to limitations otherwise provided by law, the State Board of
Education shall:
1. Adopt policies and make rul es for the operation of t he
public school system of the state;
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2. Appoint, prescribe the duties and fix the compensation of a
secretary, an attorney and all other personnel necessary for the
proper performance of the functions of the State Board of Educat ion.
The secretary shall not be a member of the Board;
3. Submit to the Governor a departmental budget based upon
major functions of the Department as prepared by the State
Superintendent of Public Instruction and supported by d etailed data
on needs and proposed operations as pa rtially determined by the
budgetary needs of local school districts filed with the State Board
of Education for the ensuing fiscal year. Appropriations therefor
shall be made in lump -sum form for each maj or item in the budget as
follows:
a. State Aid to schools,
b. the supervision of all other functions of general and
special education including general control, free
textbooks, school lunch, Indian education and al l
other functions of the Board and an amou nt sufficient
to adequately staff and administer th ese services, and
c. the Board shall determine the details by which the
budget and the appropriations are administered.
Annually, the Board shall make preparation s to
consolidate all of the functions of t he Department in
such a way that the budget can be based on two items,
administration and aid to schools. A maximum amount
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for administration shall be designated as a part of
the total appropriation;
4. On the first day of December preceding each regular session
of the Legislature, prepare and deliver to the Governor and the
Legislature a report for the year ending June 30 immediately
preceding the regular session of the Legislature. The report shall
contain:
a. detailed statistics and other information concerning
enrollment, attendance, expenditures inc luding State
Aid, and other pertinent data for all public schools
in this state,
b. reports from each and every division within the State
Department of Education a s submitted by the State
Superintendent of Public Instruction and an y other
division, department, institution or other agency
under the supervision of the Board,
c. recommendations for the improvement of the public
school system of the state,
d. a statement of the receipts and expenditures of the
State Board of Education f or the past year, and
e. a statement of plans and recommendations for the
management and improvement of public schools and such
other information relating to the educational
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interests of the state as may be deemed necessary and
desirable;
5. Provide for the formulation and adopti on of curricula,
courses of study and other instructional aids necessary for the
adequate instruction of pupils in the public schools;
6. Have authority in matter s pertaining to the licensure and
certification of persons for instr uctional, supervisory and
administrative positions and services in the public schools of the
state subject to the provisions of Section 6 -184 of this title, and
shall formulate rules gover ning the issuance and revocation of
certificates for superintendents of schools, principals,
supervisors, librarians, clerical employees, school nurses, school
bus drivers, visiting teachers, classroom teachers and for other
personnel performing instructio nal, administrative and supervisory
services, but not including memb ers of boards of educatio n and other
employees who do not work directly with pupils, and may charge and
collect reasonable fees for the issuance of such certificates:
a. the State Department of Education shall not issue a
certificate to and shall revoke th e certificate of any
person who has been convicted, whether upon a verdict
or plea of guilty or upon a plea of nolo contendere,
or received a suspended sentence or any probationary
term for a crime or an attempt to commit a crime
provided for in Section 84 3.5 of Title 21 of the
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Oklahoma Statutes if the offense involved sexual abuse
or sexual exploitation as those terms are defined in
Section 1-1-105 of Title 10A of the Oklahoma Statutes,
Sections 741, 843.1, if the offense included sexual
abuse or sexual exploitation, 865 et seq., 885, 888,
891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
1111.1, 1114 or 1123 of Title 21 of the Oklahoma
Statutes or who enters this state and who has been
convicted, received a suspended sentence or re ceived a
deferred judgment for a crime or attempted crime
which, if committed or attempted in this state, would
be a crime or an attempt to commit a crime provided
for in any of said laws,
b. all funds collected by the State Department of
Education for the issuance of certificates to
instructional, supervi sory and administrative
personnel in the public schools of the state shall be
deposited in the “Teachers’ Certificate Fund” in the
State Treasury and may be expend ed by the State Board
of Education to fina nce the activities of the State
Department of Education necessary to administer the
program, for consultative services, publication costs,
actual and necessary travel expenses as provided in
the State Travel Reimbu rsement Act incurred by persons
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performing research work, and other expenses found
necessary by the State Board of Education for the
improvement of the preparation and certification of
teachers in Oklahoma. Provided, any unobligated
balance in the Teacher s’ Certificate Fund in excess of
Ten Thousand Dollars ($10,000.00) o n June 30 of any
fiscal year shall be transferred to the General
Revenue Fund of the State of Oklahoma. Until July 1,
1997, the State Board of Education shall have
authority for approval of teacher education programs.
The State Board of Education shall a lso have authority
for the administration of teacher residency and
professional development, subject to the provisions of
the Oklahoma Teacher Preparation Act;
7. Promulgate rules governi ng the classification, inspection,
supervision and accrediting of al l public nursery, kinderg arten,
elementary and secondary schools and on -site educational services
provided by public school districts or state -accredited private
schools in partial hospita lization programs, day treatment programs,
and day hospital programs as defined in this act f or persons between
the ages of three (3) and twenty -one (21) years of age in the state.
However, no school shall be denied accreditation solely on the basis
of average daily attendance.
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Any school district which maintains an eleme ntary school and
faces the necessity of relocating its school facilities because of
construction of a lake, either by state or federal authority, which
will inundate the school facilities, shall be entitled to receive
probationary accreditation from the St ate Board of Education fo r a
period of five (5) years after the effective date of this act and
any school district, otherwise qualified, shall be entitled to
receive probationary accredita tion from the State Board of Education
for a period of two (2) conse cutive years to attain th e minimum
average daily attendance. The Head Start and public nurseries or
kindergartens operated from Community Action Program funds shall not
be subjected to the accrediting rules of the State Board of
Education. Neither will t he State Board of Educati on make rules
affecting the operation of the public nurseries and kindergartens
operated from federal funds secured through Community Action
Programs even though t hey may be operating in the public schools of
the state. However, a ny of the Head Start or p ublic nurseries or
kindergartens operated under federal regulations may make
application for accrediting from the State Board of Education but
will be accredited o nly if application for the approval of the
programs is made. The st atus of no school distric t shall be changed
which will reduce it to a lower classification until due notice has
been given to the proper authorities thereof and an opportunity
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given to correct the conditions which otherwise would be the cause
of such reduction.
Private and parochial schools may be accredited and classified
in like manner as public schools or, if an accrediting association
is approved by the State Board of Education, by proc edures
established by the State Board of E ducation to accept accredi tation
by such accrediting association, if application is made to the State
Board of Education for such accrediting;
8. Be the legal agent of the State of Oklahoma to accept, in
its discretion, the provisions of any Act of Congre ss appropriating
or apportioning funds which are no w, or may hereafter be, provided
for use in connection with any phase of the system of public
education in Oklahoma. It shall prescribe such rules as it finds
necessary to provide for the proper distribut ion of such funds in
accordance with the state and federal laws;
9. Be and is specifically hereby designated as the agency of
this state to cooperate and deal with any officer, board or
authority of the United Sta tes Government under any law of the
United States which may require or recommend cooperation with any
state board having charge of the administration of public schools
unless otherwise provided by law;
10. Be and is hereby designated as the “State Educational
Agency” referred to in Public Law 396 of the 79th Congress of t he
United States, which l aw states that said act may be cited as the
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“National School Lunch Act ”, and said State Board of Education is
hereby authorized and directed to accept the terms an d provisions of
said act and to enter into such agreements, not in c onflict with the
Constitution of Oklahoma or the Constitution and Statutes of the
United States, as may be necessary or appropriate to secure for the
State of Oklahoma the benefits of the school lunch program
established and refer red to in said act;
11. Have authority to secure a nd administer the benefits of the
National School Lunch Act, Public Law 396 of the 79th Congress of
the United States, in the State of Oklahoma and is hereby autho rized
to employ or appoint and fix the com pensation of such addition al
officers or employees and to incur such expenses as may be necessary
for the accomplishment of the above purpose, administer the
distribution of any state funds appropriated by the Legi slature
required as federal matching to re imburse on children’s meals;
12. Accept and provid e for the administration of any land,
money, buildings, gifts, donation or other things of value which may
be offered or bequeathed to the schools under the superv ision or
control of said Board;
13. Have authority to require perso ns having administrative
control of all school districts in Oklahoma to make such regular and
special reports regarding the activities of the schools in said
districts as the Board may dee m needful for the proper exercise of
its duties and functions. Such authority shall include the right of
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the State Board of Education to withhold all state funds under its
control, to withhold official recognition, including accrediting,
until such required reports have been filed and accepted in the
office of said Board and to revoke the certifi cates of persons
failing or refusing to make such reports;
14. Have general supervision of the school lunch program. The
State Board of Education may sponsor wor kshops for personnel and
participants in the school lunch program an d may develop, print and
distribute free of charge or sell any materials, books and bulletins
to be used in such school lunch programs. There is hereby created
in the State Treasury a rev olving fund for the Board, to be
designated the School Lunch Worksho p Revolving Fund. The fu nd shall
consist of all fees derived from or on behalf of any participant in
any such workshop sponsored by the State Board of Education, or from
the sale of any materials, books and bulletins, and such fu nds shall
be disbursed for expenses of such worksho ps and for developing,
printing and distributing of such materials, books and bulletins
relating to the school lunch program. The fund shall be
administered in accordance with Section 155 of Title 62 of t he
Oklahoma Statutes;
15. Prescribe all forms for school district and county officers
to report to the State Board of Education where required. The State
Board of Education shall also prescribe a list of appropri ation
accounts by which the funds of schoo l districts shall be budge ted,
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accounted for and ex pended; and it shall be the duty of the State
Auditor and Inspector in prescribing all budgeting, accounting and
reporting forms for school funds to conform to suc h lists;
16. Provide for the establishmen t of a uniform system of p upil
and personnel accoun ting, records and reports;
17. Have authority to provide for the health and safety of
school children and school personnel while under the jurisdiction of
school authorities;
18. Provide for the supervis ion of the transportation of
pupils;
19. Have authority, upon request of the local school board, to
act in behalf of the public schools of the state in the purchase of
transportation equipment;
20. Have authority and is hereby required to perform all dut ies
necessary to the admin istration of the public s chool system in
Oklahoma as specified in the Oklahoma School Code; and, in addition
thereto, those duties not specifically mentioned herein if not
delegated by law to any other agency or official;
21. Administer the State Public C ommon School Building
Equalization Fund established by Section 32 of Article X of the
Oklahoma Constitution. Any monies as may be appropriated or
designated by the Legislature, other than ad valorem taxes, any
other funds identified by the State Departmen t of Education, which
may include, but not be limited to, grants -in-aid from the federal
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government for building purposes, the proceeds of all property that
shall fall to the state by esch eat, penalties for unlawful holding
of real estate by corporations, and capital gains on asse ts of the
permanent school funds, shall be deposited in the State Public
Common School Building Equalization Fund. The fund shall be used to
aid school districts and charter schools in acquiring buildings ,
subject to the limitatio ns fixed by Section 32 of Article X of the
Oklahoma Constitution. It is hereby declared that the term
“acquiring buildings” as used in Section 32 of Article X of the
Oklahoma Constitution shall mean acquiring or improving school
sites, constructing, repai ring, remodeling or equip ping buildings,
or acquiring school furniture, fixtures, or equipment. For charter
schools, the fund shall only be used to acquire buildings in which
students enrolled in the charter school will be attend ing. It is
hereby declared that the term “school districts” as used in Section
32 of Article X of the Oklahoma Constitution shall mean school
districts and charter schools created pursuant to the provisions of
the Oklahoma Charter Schools Act. If suffici ent monies are
available in the fund, the Board sha ll solicit proposals for grants
from school districts and charter schools and shall determine the
process for consideration of proposals. Grants shall be awarded
only to school districts which have a tota l assessed property
valuation per average daily mem bership that is less than the state
average total assessed property valuation per average daily
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membership and, at the time of application, the district has voted
the five-mill building fund levy authorize d in Section 10 of Article
X of the Oklahoma Consti tution, and has voted indebtedness through
the issuance of new bonds for at least fifty percent (50%) within
the last three (3) years of the maximum allowable purs uant to the
provisions of Section 26 of Ar ticle X of the Oklahoma Co nstitution
as shown on the school district budget filed with the State Board of
Equalization for the current school year and certifications by the
Attorney General prior to April 1 of the school year. Grants shall
be awarded only to charter schools which have secured matching fun ds
for the specific purpose of acquiring buildings in an amount of not
less than ten percent (10%) of the total grant amount. The amount
of each grant awarded by the Board each year shall not exceed Four
Million Dollars ($4,000,00 0.00). From the total am ount available to
provide grants to public schools and charter schools, charter
schools shall be allocated the greater of ten percent (10%) of the
total amount or the percent of students enrolled in charte r schools
that are not sponsored by the Statewide V irtual Charter School Board
virtual charter schools as compared to the student enrollment in
school districts which have a total assessed property valuation per
average daily membership that is equal to or less than twenty-five
percent (25%) of the state t otal assessed property valuation per
average daily membership. The Board shall give priority
consideration to school districts which have a total assessed
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property valuation per average daily membership t hat is equal to or
less than twenty-five percent (25%) of the state average total
assessed property valuation per average daily membership. The Board
is authorized to prorate grants awarded if monies are not suffi cient
in the fund to award grants to quali fied districts and charter
schools. The State Boar d of Education shall make available to
eligible charter schools any unused grant funds that remain after
the initial allocation to all eligible public school distr icts and
charter schools of this state. T he State Board of Educatio n shall
prescribe rules for making grants of aid from, and for otherwise
administering, the fund pursuant to the provisions of this
paragraph, and may employ and fix the duties and compens ation of
technicians, aides, clerks, steno graphers, attorneys and ot her
personnel deemed nece ssary to carry out the provisions of this
paragraph. The cost of administering the fund shall be paid from
monies appropriated to the State Board of Education for the
operation of the State Department of Education;
22. Recognize that the Director of the Oklahoma Department of
Corrections shall be the administrative authority for the schools
which are maintained in the state reformatories and shall appoint
the principals and teachers in such schools. Prov ided, that rules
of the State Board of Education fo r the classification, inspection
and accreditation of public schools shall be applicable to such
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schools; and such schools shall comply with standards set by the
State Board of Education; and
23. Have authority to administer a rev olving fund which is
hereby created in the State Treasury, to be designated the
Statistical Services Revolving Fund. The fund shall consist of all
monies received from the various school districts of the state, the
United States Government, and other sour ces for the purpose of
furnishing or financing statistical services and for any other
purpose as designated by the Legislature. The State Board of
Education is hereby authorized to enter into agreements with school
districts, municipalities, the United St ates Government, foundati ons
and other agencies or individuals for services, programs or research
projects. The Statistical Services Revolving Fund shall be
administered in accordance wit h Section 155 of Title 62 of the
Oklahoma Statutes.
SECTION 2. AMENDATORY 70 O.S. 2011, Section 3-142, as
last amended by Section 1, Chapter 122, O.S.L. 2020 (70 O.S. Supp.
2020, Section 3-142), is amended to read as follows:
Section 3-142. A. For purposes of funding, a charter school
sponsored by a board of education o f a school district shall be
considered a site within the school district in which the charter
school is located. The student membership of the charter school
shall be considered separate from the student membership of the
district in which the charter sc hool is located for the purpose of
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calculating weighted average daily membership pursuant to Sect ion
18-201.1 of this title and State Aid pursuant to Section 18 -200.1 of
this title. For charter schools sp onsored by a board of educa tion
of a school district, the sum of the separate calculations for the
charter school and the school district shall be u sed to determine
the total State Aid allocation for the district in which the charter
school is located. A charter school shall receiv e from the
sponsoring school district, the State Aid allocation and any other
state-appropriated revenue generated by its students for the
applicable year, less up to three percent (3%) of the State Aid
allocation, which may be r etained by the school distr ict as a fee
for administrative services rendered. For charter schools sponsored
by the board of education of a technolo gy center school district, a
higher education institution, the State Board of Education, or a
federally recognized Indian tribe and for statewide virtual chart er
schools sponsored by the Statewide Virtual Charter School Board
State Board of Education , the State Aid allocation for the charter
school shall be distributed by the State Board of Education and not
more than three percent (3%) o f the State Aid allocati on may be
charged by the sponsor as a fee for administrative services
rendered. The State Board of Education shall determ ine the policy
and procedure for making payments to a charter school. The fee for
administrative services as authorized in this subse ction shall only
be assessed on the State Aid allocation amount and shall not be
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assessed on any other appropriated amount s. A sponsor of a charter
school shall not retain any additional State Aid allocat ion or
charge the charter s chool any additional fee above the amounts
allowed by this subsection unless the additional fees are for
additional services rendered. The charte r school sponsor shall
provide to the State Department of Education financial recor ds
documenting any state fu nds retained by the spon sor for
administrative services rendered for the previous year.
B. 1. The weighted average daily membership for the firs t year
of operation of a charter school shall be determined initially by
multiplying the actual enrollment of students as of August 1 by
1.333. The charter school shall receive revenue equal to that which
would be generated by the estimated weighted avera ge daily
membership calculated pursuant to this paragraph. At midyear, the
allocation for the charter school shall be adjusted using the first
quarter weighted average daily membership for the charter school
calculated pursuant to subsection A of this sec tion.
2. For the purpose of calculating weighted average daily
membership pursuant to Section 18-201.1 of this title and State Aid
pursuant to Section 18-200.1 of this title, the weighted average
daily membership for the first year of operation and each y ear
thereafter of a full -time virtual charter school shall be determined
by multiplying the actual enrollment of students as of August 1 by
1.333. The full-time virtual charter school shall receive revenue
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equal to that which would be generated by the est imated weighted
average daily membership calculated pursuant to this paragraph. At
midyear, the allocation fo r the full-time virtual charter school
shall be adjusted using the first quarter weighted average daily
membership for the virtual charter school calculated pursuant to
subsection A of this section.
C. A charter school shall be eligible to receive any oth er aid,
grants or revenues allowed to other schools. A charter school
sponsored by the board of education of a technology center school
district, a higher education institution, the State Board of
Education, or a federally recog nized Indian tribe shall be
considered a local educ ation agency for purposes of funding. A
charter school sponsored by a board of education of a school
district shall be co nsidered a local education agency for purposes
of federal funding.
D. A charter school, in addition to the mo ney received from the
state, may receive money from any other source. Any unexpended
funds may be reserved and used for future purposes. The gov erning
body of a charter school shall not levy taxes or issue bonds. If
otherwise allowed by law, the governi ng body of a charter sch ool may
enter into private contracts for the purposes of borrowing money
from lenders. If the governing body of the chart er school borrows
money, the charter school shall be solely responsible for repayin g
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the debt, and the state o r the sponsor shall not in any way be
responsible or obligated to repay the debt.
E. Any charter school which chooses to lease property shall be
eligible to receive current government lease rates.
F. Except as otherwise provide d in this subsection, each
charter school shall pay to the Charter School Closure Reimbursement
Revolving Fund created in subsection G of this section an amount
equal to Five Dollars ($5.00) per student based on average daily
membership, as defined by para graph 2 of Section 18 -107 of this
title, during the first nine (9) weeks of the school year. Each
charter school shall complete the payment every school year within
thirty (30) days after the first nine (9) weeks of the school year.
If the Charter School Closure Reimbursement Revo lving Fund has a
balance of One Million Dollars ($1,000,000.00) or more on July 1, no
payment shall be required the following school year.
G. There is hereby created in the State Treasury a revolving
fund for the State Departmen t of Education to be design ated the
“Charter School Closure Reimbursement 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 charter schools as provided in subsection F of this
section. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Stat e
Department of Education for the purpose of reimbursing charter
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school sponsors for costs incurred due to the closure of a charter
school. Expenditures from said fund shall be made upon warrants
issued by the State Treasurer against claims filed as presc ribed by
law with the Director of the Office of Management and Enterprise
Services for approval and payment. The State Department of
Education may promulgate rules regarding sponsor eligibility for
reimbursement.
SECTION 3. AMENDATORY Section 5, Chapter 367, O.S.L.
2012, as last amended by Section 2, Chapter 27 , O.S.L. 2020 (70 O.S.
Supp. 2020, Section 3-145.3), is amended to read as follows:
Section 3-145.3. A. Subject to the requirements of the
Oklahoma Charter Schools Act, the Statewide Virtual Charter School
Board State Board of Education shall have the sole authority to
authorize and sponsor statewide vir tual charter schools in this
state and shall:
1. Provide oversight of the operations of statewide virtual
charter schools in this state;
2. Establish a procedure for accepting, approving and
disapproving statewide virtual charter school applications and a
process for renewal or revocation of approved charter school
contracts which minimally meet the procedures set forth in the
Oklahoma Charter School s Act;
3. Make publicly available a list of supplementa l online
courses which have been reviewed and certi fied by the Statewide
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Virtual Charter School Board State Board of Education to ensure that
the courses are high quality options and are aligned with the
subject matter standa rds adopted by the State Board of Education
pursuant to Section 11-103.6 of this title. The Statewide Virtual
Charter School Board shall give special emphasis on listing
supplemental online courses in science, technology, engineering and
math (STEM), foreign language and advanced place ment courses.
School districts shall not be limite d to selecting supplemental
online courses that have been reviewed and certified by the
Statewide Virtual Charter School Board and listed as provided for in
this paragraph; and
4. In conjunction with the Office of Management and En terprise
Services, negotiate and enter into contracts with supplemental
online course providers to offer a state rate price to school
districts for supplemental online courses that have been reviewe d
and certified by the Statewide Virtual Charter School Bo ard State
Board of Education and listed as provided for in paragraph 3 of this
subsection.
B. Each statewide virtual charter school which has been
approved and sponsored by the Board or any virtual charter school
for which the Board has assumed sponsorshi p of as provided for in
Section 3-145.5 of this title shall be considered a statewide
virtual charter school and, except as provided in subsection H of
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this section, the geographic boundaries of each statewide virtual
charter school shall be the borders of the state.
C. Each statewide virtual charter school approved by the
Statewide Virtual Charter School Board State Board of Education
shall be eligible to receive federal funds generated by students
enrolled in the charter school for the applicable year. Each
statewide virtual charter school shall be considered a separate
local education agency for purposes of reporting and accountability.
D. As calculated as provided for in Section 3 -142 of this
title, a statewide virtual chart er school shall receive the State
Aid allocation and any other state-appropriated revenue generated by
students enrolled in the virtual charter school for the applicable
year, less up to five percent (5%) of the State Aid allocation,
which may be retained by the Statewide Virtual Charter School Board
State Board of Education for administrative expenses and to support
the mission of the Board. A statewide virtual charter school shall
be eligible for any other funding any other charter school is
eligible for as provided for in Section 3-142 of this title. Each
statewide virtual charter school shall be considered a separate
local education agency for purposes of reporting and accountability.
E. A virtual charter school shall be subject to the same
reporting requirements, financial aud its, audit procedures and audit
requirements as a school district. The State Department of
Education or State Auditor and Inspector may conduct financial,
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program or compliance audits. A virtual charter school shall use
the Oklahoma Cost Accounting Syste m (OCAS) to report financial
transactions to the State Department of Education.
F. A virtual charter school governing body shall be responsible
for the policies that govern the operational decisions of the
virtual charter school . The governing body of a virtual charter
school shall be subject to the same conflict of interest
requirements as a member of a local school board including, but not
limited to, Sections 5 -113 and 5-124 of this title. Members
appointed to the governing body of a virtual charter s chool after
July 1, 2019, shall be subject to the same instruction and
continuing education requirements as a member of a local school
board and pursuant to Section 5 -110 of this title, complete twelve
(12) hours of instruction w ithin fifteen (15) months o f appointment
to the governing body, and pursuant to Section 5 -110.1 of this
title, attend continuing education.
G. Students enrolled full -time in a statewide virtual charter
school sponsored by the Statewide Virtual Charter Sch ool Board State
Board of Education shall not be authorized to participate in any
activities administered by the Oklahoma Secondary Schools Activities
Association. However, the students may participate in intramural
activities sponsored by a statewide virt ual charter school, an
online provider for the char ter school or any other outside
organization.
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H. 1. Beginning with the 2021 -2022 school year, public school
students who wish to enroll in a virtual charter school shall be
considered a transfer student from their resident school district.
A virtual charter school shall pre-enroll any public school student
whose parent expresses intent to enroll in the district. Upon pre -
enrollment, the State Department of Education shall initiate a
transfer on a form t o be completed by the recei ving virtual charter
school. Upon approval of the receiving virtual charter school, the
student may begin instructional activities. Upon notice that a
public school student has transferred to a virtual charter school,
the resident school district shall t ransmit the student’s records
within three (3) school days.
2. The State Department of Education shall notify the
Legislature and Governor if it determines that the information
technology infrastructure necessary to process the transfer of
students to a virtual charter school is inadequate and one (1)
additional school year is needed for implementation.
3. A public school student may transfer to one statewide
virtual charter school at any time during a school year. For
purposes of this subsection, “school year” shall mean July 1 through
the following June 30. After one statewide virtual charter school
transfer during a school year, no public school student shall be
permitted to transfer to any other statewide virtual charter sc hool
without the concurrenc e of both the resident s chool district and the
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receiving virtual charter school. A student shall have a grace
period of fifteen (15) school days from the first day of enrollment
in a statewide virtual charter school to withdraw without academic
penalty and shall continue to have the option of one virtual charter
school transfer without the concurrence of both districts during
that same school year. A statewide virtual charter school student
that has utilized the allowable one tr ansfer pursuant to this
subsection shall not be per mitted to transfer to another district or
other statewide virtual charter school without first notifying his
or her resident district and initiating a new transfer. Upon
cancellation of a transfer the vir tual charter school shall t ransmit
the student’s records to the student’s new school district within
three (3) school days. Students enrolled in a statewide virtual
charter school shall not be required to submit a virtual charter
transfer for consecutive years of enrollment. Any s tudent enrolled
in a statewide virtual charter school the year prior to the
implementation of this section shall not be required to submit a
transfer in order to remain enrolled.
4. For purposes of this subsection, “parent” shall mean the
parent of the student or person having c ustody of the student as
provided for in paragraph 1 of subsection A of Section 1 -113 of this
title.
I. A virtual charter school shall not accept or deny a transfer
based on ethnicity, national origin, ge nder, income level, disabli ng
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condition, proficienc y in the English language, measure of
achievement, aptitude or athletic ability.
J. The decision of the Statewide Virtual Charter School Board
to deny, nonrenew or terminate the charter contract of a stat ewide
virtual charter school may be appealed to the State Board of
Education within thirty (30) days of the decision by the Statewide
Virtual Charter School Board. The State Board of Education shall
act on the appeal within sixty (60) days of receipt of t he request
from the statewide virtual charter schoo l applicant. The State
Board of Education may reverse the decision of the Statewide Virtual
Charter School Board or may remand the matter back to the Statewide
Virtual Charter School Board for further pro ceeding as directed. If
the State Board of Educati on rejects an application for a statewide
virtual charter school, it shall notify the applicant in writing of
the reasons for the rejection. The applicant may s ubmit a revised
application for reconsiderat ion to the Board within thirty (30) days
after receiving notification of the rejection. The Board shall
accept or reject the revised application within thirty (30) days of
its receipt.
SECTION 4. AMENDATORY Section 6, Chapter 36 7, O.S.L.
2012, as amended by Section 6, Chapter 212 , O.S.L. 2013 (70 O.S.
Supp. 2020, Section 3 -145.4), is amended to read as follows:
Section 3-145.4. Pursuant to and in compliance with Artic le I of
the Administrative P rocedures Act, the Statewide Virtual Charter
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School Board State Board of Education shall promulgate rules as may
be necessary to implement the provisions of this act.
SECTION 5. AMENDATORY Section 7, Ch apter 367, O.S.L.
2012, as amended by Section 7, Chapter 212, O .S.L. 2013 (70 O.S.
Supp. 2020, Section 3 -145.5), is amended to read as follows:
Section 3-145.5. A. Notwithstanding any other provision of
law, beginning July 1, 2014, no school district shal l offer full-
time virtual education to students who are not re sidents of the
school district or enter into a virtu al charter school contract with
a provider to provide full -time virtual education to students who do
not reside within the school district bou ndaries.
B. Effective July 1, 2014 July 1, 2022, the Statewide Virtual
Charter School Board State Board of Educat ion shall succeed to any
contractual rights and responsibilities incurred by a school
district in a as the sponsor of any statewide virtual charter school
contract executed operating in this state prior to January 1, 2014,
with a provider to provide full -time virtual education to students
who do not reside within t he school district boundaries July 1,
2022. All property, equipment, supplies, re cords, assets, current
and future liability, encumbrances, obl igations and indebtedness
associated with the sponsorship contract shall be transferred to the
Statewide Virtual Charter School Board State Board of Education.
Appropriate conveyances and other documents shall be execute d to
effectuate the transfer of any property associated with the
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contract. Upon succes sion of the contract, the Board shall assume
sponsorship of the virtual charter school for the remainder of th e
term of the contract. Prior t o the end of the current te rm of the
contract, the Board shall allow the provider of the virtual charter
school to apply for renewal of the contract with the Board in
accordance with the renewal procedures established pursua nt to
Section 3-145.3 of this title.
SECTION 6. AMENDATORY Section 1, Chapter 225, O.S.L.
2015 (70 O.S. Supp. 2020, Sect ion 3-145.7), is amended to read as
follows:
Section 3-145.7. There is hereby created in the State Treasury
a revolving fund for the Statewide Virtual Charter School Bo ard
State Board of Education to be designated the “Statewide Virtual
Charter School Board Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by t he Statewide Virtual Chart er
School Board State Board of Education from State Aid pursuant to
Section 3-145.3 of Title 70 of the Oklahoma Statutes this title or
any other state appropriation. All monies accruing to the credit of
the fund are hereby approp riated and may be budgeted and expended by
the Statewide Virtual Charter School Board State Board of Education
for the purpose of supporting the mission of the Statewide Virtual
Charter School Board statewide virtual charter schools .
Expenditures from the fund shall be made upon w arrants issued by the
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State Treasurer against claims filed as prescribed by law with th e
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 7. AMENDATORY Secti on 1, Chapter 247, O.S.L.
2017, as amended by Section 3, Chapt er 27, O.S.L. 2020 (70 O.S.
Supp. 2020, Section 3 -145.8), is amended to read as follows:
Section 3-145.8. A. It shall be the duty of each virtual
charter school approved and sponsored by the Statewide Virtual
School Board State Board of Education pursuant to the provisions of
Section 3-145.3 of Title 70 of the Oklahoma Statutes this title to
keep a full and complete record of the attendance of all students
enrolled in the virtual charter school in one of the student
information systems approved by the Sta te Department of Education
and locally selected by t he virtual school from the ap proved list.
B. By July 1, 2020, the governing body of each virtual charter
school shall adopt an attendance poli cy. The policy may allow
attendance to be a proportional amo unt of the required attendance
policy provisions bas ed upon the date of enrollmen t of the student.
The attendance policy shall include the following provisions:
1. The first date of attendance and membership shall be th e
first date the student completes an instructional activity.
2. A student who attends a virtual charter school sha ll be
considered in attendance for a quarter if the student:
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a. completes instructional activities on no less than
ninety percent (90%) of t he days within the quarter,
b. is on pace for on-time completion of the course as
defined by the governing board of the virtual charter
school, or
c. completes no less than seventy -two instructional
activities within the quarter o f the academic year.
3. For a student who does not meet any of the criteria set
forth in paragraph 1 or 2 of thi s subsection, the amount of
attendance recorded shall be the greater of:
a. the number of school days during which the student
completed the instructional activities dur ing the
quarter,
b. the number of school days proportional to the
percentage of the cou rse that has been completed, or
c. the number of school days proportional to the
percentage of the required minimum number of completed
instructional activities during t he quarter.
C. For the purposes of this section, “instructional activities ”
shall include instructional meetings wi th a teacher, completed
assignments that are used to record a grade for a student that is
factored into the studen t’s grade for the semester during which the
assignment is completed, testing and school -sanctioned field trips,
and orientation.
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D. Each statewide virtual charter school approved and sponsored
by the Statewide Virtual Charter School Board State Board of
Education pursuant to the provisions of Section 3-145.3 of this
title shall offer a student orientation, notify th e parent or legal
guardian and each student who enroll s in that school of the
requirement to participate in the student orientation , and require
all students enrolled to complete the student orientation p rior to
completing any other instructional activity. The Statewide Virtual
Charter School Board State Board of Education shall promulgate rules
to develop materials for orientation.
E. Any student that is behind pace an d does not complete an
instructional activity for a fifteen -school-day period shall be
withdrawn for truancy. The virtual charter school shall submit a
notification to the parent or legal guardian of a student who has
been withdrawn for truancy or is appr oaching truancy.
F. A student who is reported for truancy two times in the same
school year shall be withdrawn and prohibited from enrolling in the
same virtual charter school for the remainder of the school year.
G. The governing body of each statewide virtual charter school
shall develop, adopt and post on the school ’s website a policy
regarding consequences for a student ’s failure to attend school and
complete instructional activities. The policy shall state, at a
minimum, that if a student fails to c onsistently attend school and
complete instructional activities after receiving a notif ication
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pursuant to subsection E of this section and reasonable intervention
strategies have been implemented, a student shall be subject to
certain consequences includi ng withdrawal from the school for
truancy.
H. If a statewide virtual charter school wi thdraws a student
pursuant to subsections F and G of this section, the virtual charter
school shall immediately notify the student ’s resident district in
writing of the student’s disenrollment.
I. The provisions of subsections F, G and H of this section
shall not be in effect until the implementation of subsection H of
Section 3-145.3 of this title.
J. The Statewide Virtual Charter School Board State Board of
Education may promulgate rules to implement t he provisions of this
section.
SECTION 8. AMENDATORY Section 1, Chapter 86, O.S.L. 2020
(70 O.S. Supp. 2020, Section 1210.704), is amended to read as
follows:
Section 1210.704. A. Beginning with the 2024–2025 school year,
all public high schools in this state shall make a minimum of four
advanced placement course s available to students.
B. Local boards of education in each district shall be
responsible for ensuring annu ally that all high school students have
access to advanced p lacement courses beginning in the 2024 -2025
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school year. Such access may be provided through enrollment in
courses offered through:
1. A school site or sites within the district;
2. A career and technology institution within the district;
3. A program offered by the Statewide Virtual Charter School
Board State Board of Education or one of its vendors online course
providers; or
4. A school site or sites in another school district.
C. The Statewide Virtual Charter Sch ool Board State Board of
Education shall maintain an online learning platform to provid e high
quality online learning opportunities for Oklahoma students that are
aligned with the subject matter standards adopted by the State Board
of Education pursuant to Section 11-103.6 of Title 70 of the
Oklahoma Statutes this title. The Board shall imp lement online
courses, with an emphasis on science, technology, engineering , and
math (STEM) courses, foreign language courses and advanced plac ement
courses. The online platform shall be available to al l Oklahoma
school districts.
D. The State Departmen t of Education shall provide information
to all local boards of education, to be distributed to their
students and parents, on available opportu nities and the enrollment
process for students to take advan ced placement courses. The
information shall explai n the value of advanced placement courses in
preparing students for postsecondary -level coursework, enabling
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students to gain access to postseco ndary opportunities, and
qualifying for scholarships and oth er financial aid opportunities.
E. The State Depart ment of Education shall retain records of
which options outlined in subsection B of this section local boards
of education selected for their st udents and make the infor mation
available on the Department’s website.
F. As used in this section, “advanced placement course” shall
have the same meaning as provided in paragraph 1 of Section 1210.702
of Title 70 of the Oklahoma Statutes this title.
SECTION 9. REPEALER Section 3, Chapter 3 67, O.S.L. 2012,
as amended by Section 4, Chapter 21 2, O.S.L. 2013 (70 O.S. Supp.
2020, Section 3-145.1), and Section 4, Chapter 367, O.S.L. 2012 (70
O.S. Supp. 2020, Section 3 -145.2), are hereby repealed.
SECTION 10. This act shall become effective July 1, 2022.
58-1-482 EB 12/18/2020 3:10:23 PM