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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 239 By: Pemberton
AS INTRODUCED
An Act relating to charter schools; amendi ng 70 O.S.
2011, Section 3-132, as last amended by Section 29,
Chapter 42, O.S.L. 2017 (70 O .S. Supp. 2020, Section
3-132), which relates to charter school sponsorship;
clarifying criteria for the State Board of Education
to sponsor certain char ter school; requiring the
State Department of Educat ion to make certain
determination and recommend ation prior to the State
Board of Education sponsoring a charter school;
directing the Board to provide certain opportunity to
be heard prior to sp onsoring a charter sc hool;
requiring demonstration of certain support to come
from within certain geographica l boundaries;
requiring an applicant to adhere to certain
requirements; updating statutory reference; amending
70 O.S. 2011, Section 3 -134, as amended by Section 2,
Chapter 170, O.S.L. 2015 (70 O.S. Supp. 20 20, Section
3-134), which relates to charter scho ol applications;
providing appeal process procedures and requirements
for certain charter schoo l sponsorship appeals;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 3-132, as
last amended by Section 29, C hapter 42, O.S.L. 2017 (70 O.S. Su pp.
2020, Section 3-132), is amended to read as follows:
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Section 3-132. A. The Oklahoma Charter Schools Act shall apply
only to charter schools formed and operated under the provisions of
the act Oklahoma Charter Schools Act . Charter schools shall be
sponsored only as follows:
1. By any school dist rict located in the State of Oklahoma this
state, provided such charter school shall only be located within the
geographical boundaries of the sponsoring district and subject to
the restrictions of Section 3-145.6 of this title;
2. By a technology center school district if the charter school
is located in a school district served by the t echnology center
school district in which all or part of the school district is
located in a county having more than five hundred thousand (500,000)
population according t o the latest Federal Decennial Census;
3. By a technology center school district if the charter school
is located in a school district served by the technology center
school district and the school district has a s chool site that has
been identified as in need of improvement by the State Board of
Education pursuant to the Elementary and S econdary Education Act of
1965, as amended or reauthorized;
4. By an accredited comprehensive or regional institution that
is a member of The Oklahoma State System of Hig her Education or a
community college if the charter school is located in a school
district in which all or part of the school district is located in a
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county having more than five hundred thou sand (500,000) populati on
according to the latest Federal Decenn ial Census;
5. By a comprehensive or regional institution that is a member
of The Oklahoma State System of Higher Education if the charter
school is located in a school district that has a sc hool site that
has been identified as in need of improvement by the State Board of
Education pursuant to the Elementary and Secondary Education Act o f
1965, as amended or reauthorized. In addition, the institution
shall have a teacher education program ac credited by the Oklahom a
Commission for Teacher Preparation and have a branch campus or
constituent agency physically located within the school distr ict in
which the charter school is located in the State of Oklahoma;
6. By a federally recognized Indian t ribe, operating a high
school under the authority of the Bureau of Indian Affairs as of
November 1, 2010, if the charter school is for the purpose of
demonstrating native language immersion instruction, and is located
within its former reservation or treat y area boundaries. For
purposes of this paragraph, native langu age immersion instruction
shall require that educational instruction and other activi ties
conducted at the school site are primarily conducted in the native
language;
7. By the State Board of Education when the app licant of the
charter school is the Offic e of Juvenile Affairs or the applicant
has a contract with the Office of Juvenile Aff airs to provide a
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fixed rate level E, D, or D+ group home service and the charter
school is for the purpose of providing education services to youth
in the custody or supe rvision of the state. Not more than two
charter schools shall be sponsored by the Bo ard as provided for in
this paragraph during the period of time beginning July 1, 2010,
through July 1, 2016;
8. By a federally r ecognized Indian tribe only when the char ter
school is located within the former reservation or treaty area
boundaries of the tribe on property held in trust by the Bureau of
Indian Affairs of the United States Department of the Inte rior for
the benefit of the tribe; or
9. By the State Board of Education when the after an applicant
has first been denied a charter by the local sc hool district in
which it seeks to operate and has appealed the decision pursuant to
subsection E of Section 3-134 of this title. In counties with fewer
than five hundred thousand (500,000) population, according to the
latest Federal Decennial Census, the State Board of Education shall
not sponsor more than five charter schools per year each year for
the first five (5) years after the effective date of this act August
21, 2015, with not more than one charter school sponsored in a
single school district per year. The Board shall not sponsor a
charter school unless the State Department of Education has made a
determination and recommendation that the Board has the capacity,
both in financial and personnel resources, to sponsor a charter
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school and the capaci ty to adhere to the contractual requirements
and follow the sponsor contract guidelines o utlined in Section 3 -135
of this title. In order to authorize a charter school un der this
section, the State Board of Education shall first provide an
opportunity to be heard to the applicant and the school district
board of education as provided for in subsection E of Section 3 -134
of this title and find evidence of all of the followi ng:
a. a thorough and high-quality charter school application
from the applicant based on the authorizing standards
in subsection B of Section 3 -134 of this title,
b. a clear demonstration of community support for by
members of the community within the geographical
boundaries of the proposed charter school, and
c. the grounds and basis of objection by the school
district for denying the operation of the chart er are
not supported by the greater weight of evidence and
the strength of the application, and
d. that the applicant did comply with every applicable
application requirement set forth in subsection B of
Section 3-134 of this title.
B. An eligible non-school-district sponsor shall give priority
to opening charter schools that serve at -risk student populations or
students from low-performing traditional public schools.
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C. An eligible non-school-district sponsor shall give priority
to applicants that have demonstrated a record of operating at least
one school or similar program that demonstrates academic success and
organizational viability and serves student populations similar to
those the proposed charter school seeks to serve. In assessing the
potential for quality replication of a charter school, a s ponsor
shall consider the following factors before approving a new site or
school:
1. Evidence of a strong and reliable record of acade mic success
based primarily on student performance data, as well as other viable
indicators, including financial and ope rational success;
2. A sound, detailed, and well -supported growth plan;
3. Evidence of the ability to transfer successful practices to
a potentially different context that includes reproducing critical
cultural, organizational and instructional character istics;
4. Any management organization involved in a potential
replication is fully vetted, and the academic, financial and
operational records of the schools it operates are found to be
satisfactory;
5. Evidence the program seeking to be replicated has the
capacity to do so successfully without diminish ing or putting at
risk its current operations; and
6. A financial structure that ens ures that funds attributable
to each charter school within a network and required by law to be
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utilized by a school rema in with and are used to benefit that
school.
D. For purposes of the Oklahoma Charter Schools Act, “charter
school” means a public schoo l established by contract with a board
of education of a school district, an area vocational -technical
school district, a higher education institution, a federally
recognized Indian tribe, or the State Board of Education pursuant to
the Oklahoma Charter Sc hools 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.
E. 1. For the purposes of the Oklahoma Charter Schools Act,
“conversion school” means a school creat ed by converting all or any
part of a traditional public school in order to access any or all
flexibilities afforded to a charter school.
2. Prior to the board of educati on of a school district
converting all or any part of a traditional public school to a
conversion school, the board shall prepare a conversion plan. The
conversion plan shall include documentation that de monstrates and
complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
19, 20, 21, 22, 23, 24, 34 and 35 of subsection B of S ection 3-134
of this title. The conversion plan and all documents shall be in
writing and shall be available to the pub lic pursuant to the
requirements of the Oklahoma Op en Records Act. All votes by the
board of education of a school district to approve a conversion plan
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shall be held in an open public session. If the board of education
of a school district votes to appr ove a conversion plan, the board
shall notify the State Board of Education within sixty (60) days
after the vote. The notification shal l include a copy of the
minutes for the board meeting at which the conversion plan was
approved.
3. A conversion school shall comply with all the same
accountability measures as are required of a charter school as
defined in subsection D of this section. The provisions of Sections
3-140 and 3-142 of this title shall not apply to a conversion
school. Conversion schools sh all comply with the same laws and
State Board of Education rules relating to student enrollment which
apply to traditional public school s. Conversion schools shall be
funded by the board of education of the school district as a school
site within the scho ol district and funding shall not be affected by
the conversion of the school.
4. The board of education of a school district may vote to
revert a conversion school back to a traditional public school at
any time; provided, the change shall only occur dur ing a break
between school years.
5. Unless otherwise provided for in this subsection, a
conversion school shall retain the characteris tics of a traditional
public school.
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F. A charter school may consist of a new school site, new
school sites or all or a ny portion of an existing school site. An
entire school district may not become a charter school site.
SECTION 2. AMENDATORY 70 O.S. 2011, Section 3-134, as
amended by Section 2, Chapter 170, O.S.L. 2015 (70 O.S. Supp. 20 20,
Section 3-134), is amended to read as follows:
Section 3-134. A. For written applications filed after January
1, 2008, prior to submission of the application to a proposed
sponsor seeking to establi sh a charter school, the applicant shall
be required to complete training which shall not exceed ten (10)
hours provided by the State Department of Education on the process
and requirements for es tablishing a charter school. The Department
shall develop and implement the training by January 1, 200 8. The
Department may provide the training in any format and manner that
the Department determines to be efficient and effective including,
but not limited to, web-based training.
B. Except as otherwise provided for in Section 3-137 of this
title, an applicant seeking to establish a charter school shall
submit a written application to the proposed sponsor as prescribed
in subsection E of this section. T he application shall include:
1. A mission statement for th e charter school;
2. A description includi ng, but not limited to, background
information of the organizational structure and the governing body
of the charter school;
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3. A financial plan for the first five (5) years of operation
of the charter school an d a description of the treasurer or other
officers or persons who shall have primary responsibility for the
finances of the charter school. Such person shall have demonstrated
experience in school finance or the equivalent thereof;
4. A description of th e hiring policy of the charter school;
5. The name of the applicant or applicants and requested
sponsor;
6. A description of the facility and location of the charter
school;
7. A description of the grades being served;
8. An outline of criteria designe d to measure the effectiveness
of the charter school;
9. A demonstration of support for the charter school from
residents of the school district which may include but is not
limited to a survey of the school district residents or a petition
signed by residents of the school district;
10. Documentation that the applicants completed charter school
training as set forth in subsection A of this section;
11. A description of the minimum and maximum en rollment planned
per year for each term of the charter cont ract;
12. The proposed calendar for the ch arter school and sample
daily schedule;
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13. Unless otherwise authori zed by law or regulation, a
description of the academic program aligned with state st andards;
14. A description of the instructional design of the charter
school, including the type of l earning environment, class size and
structure, curriculum overview an d teaching methods;
15. The plan for using internal and external assessments to
measure and report student progress on the performance framewor k
developed by the applicant in accordance with subsection C of
Section 3-135 of this title;
16. The plans for identifying and successfully serving students
with disabilities, students who are Eng lish language learners and
students who are academically be hind;
17. A description of cocurricular or extracurricular programs
and how they will be funded and delivered;
18. Plans and time lines for student recruitment and
enrollment, including lottery procedures;
19. The student discipline policies for the cha rter school,
including those for special ed ucation students;
20. An organizational chart that clearly presents the
organizational structure of the charter school, including lines of
authority and reporting between the governing board, staff, any
related bodies such as advisory bodies or parent and teacher
councils and any external organizations that will play a rol e in
managing the school;
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21. A clear description of the roles and responsibilities for
the governing board, the leadership and management team for the
charter school and any other entit ies shown in the organizational
chart;
22. The leadership and teache r employment policies for the
charter school;
23. Proposed governing bylaws;
24. Explanations of any partnerships or contractual
partnerships central to the operations or mission of th e charter
school;
25. The plans for providing transportation, food se rvice and
all other significant operational or ancillary services;
26. Opportunities and expectations for parental involvement;
27. A detailed school start-up plan that identifies task s, time
lines and responsible individuals;
28. A description of the f inancial plan and policies for the
charter school, including financial controls and a udit requirements;
29. A description of the insurance cov erage the charter school
will obtain;
30. Start-up and five-year budgets with clearly stated
assumptions;
31. Start-up and first-year cash-flow projections with clearly
stated assumptions;
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32. Evidence of anticipated fundraising contributions, if
claimed in the application;
33. A sound faciliti es plan, including backup or contingency
plans if appropriate;
34. A requirement that the charter school governing board meet
at a minimum quarterly in th e state and that for those charter
schools outside of coun ties with a population of five hundred
thousand (500,000) or more, that a majority of members are residents
within the geographic boundary of the sponsoring entity; and
35. A requirement that the c harter school follow the
requirements of the Oklahoma Open Meeting Act and Oklahoma Open
Records Act.
C. A board of education of a public school district, public
body, public or private college or university, private person, or
private organization may co ntract with a sponsor to establish a
charter school. A pr ivate school shall not be eligible to contr act
for a charter school under the provisions of the Oklahoma Charter
Schools Act.
D. The sponsor of a charter school is the board of education of
a school district, the board of education of a technology center
school district, a higher education institu tion, the State Board of
Education, or a federally recognized Indian t ribe which meets the
criteria established in Section 3-132 of this title. Any board of
education of a school district in the state may sponsor one or more
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charter schools. The physical location of a charter school
sponsored by a board of education of a s chool district or a
technology center school district shall be within the boundaries of
the sponsoring school district. The physical location of a charter
school sponsored by the State Board of Education when the applicant
of the charter school is the Off ice of Juvenile Affairs shall be
where an Office of Juvenile Affairs facility for you th is located.
The physical location of a charter school otherwise sponsored by the
State Board of Education pursuant to paragraph 8 of subsection A of
Section 3-132 of this title shall be in the school district in which
the application originated.
E. An applicant for a charter school may submit an application
to a proposed sponsor which shall either ac cept or reject
sponsorship of the charter school within ninety (90) da ys of receipt
of the application. If the proposed sponsor rejects the
application, it shall notify the applicant in writing of the reasons
for the rejection. The applicant may submit a revised application
for reconsideration to the proposed sponsor withi n thirty (30) days
after receiving notification of the rejection. The proposed spons or
shall accept or reject the revised application within t hirty (30)
days of its receipt. Should the sponsor reject the application on
reconsideration, the applicant may appeal the decision to the State
Board of Education with the revised application for review pursuant
to paragraph 8 9 of subsection A of Sectio n 3-132 of this title.
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The State Board of Ed ucation shall hear the appeal no later than
sixty (60) days from the date received by the Board. The State
Board of Education, the applicant and the proposed sponsor when the
sponsor is the board of education of a public school district shall
adhere to the following appeal process procedures and requirements:
1. The applicant and proposed sponsor shall be permitted to be
represented by an attorney at any hearing before the State Board of
Education;
2. The applicant has thirty (30) days aft er denial of a revised
application to file an appeal with the Board. The appeal shall be
submitted to the chair of the Board in writing and shall state the
basis for the appeal. The applicant shall provide the proposed
sponsor a certified copy of the appeal and all accompanying
documents submitted for the app eal within five (5) business days of
submission to the Board;
3. The hearing shall be scheduled and heard w ithin sixty (60)
days of receipt of the appeal by the State Board of Education . All
parties shall be permitted to be represented by an att orney;
4. The Board may grant a co ntinuance of the hearing upon
written notice of either party submitted at least five ( 5) days
prior to the date set for the hearing. The hearing also m ay be
reset upon written agreement of all parties; and
5. If the Board determines that the school district board of
education should have accepted the applicant’s proposal, then the
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Board may choose to sponsor the applicant, subject to the
requirements set forth in par agraph 9 of subsection A of Section 3-
132 of this title. The decision of the Board shall be final and
nonappealable.
F. A board of education of a school district, board of
education of a technology center school district, higher education
institution, or federally recognized Indian tribe sponsor of a
charter school shall notify the State Board of Education when it
accepts sponsorship of a charter school. The notification shal l
include a copy of the charter of the charter school.
G. Applicants for chart er schools proposed t o be sponsored by
an entity other than a school district pu rsuant to paragraph 1 of
subsection A of Section 3-132 of this title may, upon rejection of
the revised application, proceed to binding arbitration under the
commercial rules of the American Arbitr ation Association with costs
of the arbitration to be borne by the proposed sponsor. Applicants
for charter schools proposed to be sponsored by school dist ricts
pursuant to paragraph 1 of subsection A of Section 3 -132 of this
title may not proceed to bind ing arbitration but may be sponsored by
the State Board of Education as provided in paragraph 8 of
subsection A of Section 3-132 of this title.
H. If a board of education of a technology center school
district, a higher education inst itution, the State Bo ard of
Education, or a federally recognized Indian tribe ac cepts
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sponsorship of a charter school, the administrative, fiscal and
oversight responsibilities of the technology center school district,
the higher education institution, or the federally recogni zed Indian
tribe shall be listed in the contract. No respo nsibilities shall be
delegated to a school district unless the local school district
agrees to assume the responsibilities.
I. A sponsor of a public charter school shall have the
following powers and duties:
1. Provide oversight of the operations of char ter schools in
the state through annual performance reviews of charter schools and
reauthorization of charter schools for which it is a sponsor;
2. Solicit and evaluate charte r applications;
3. Approve quality charter applications that meet identified
educational needs and promote a diversity of educational choices;
4. Decline to approve weak or in adequate charter applications;
5. Negotiate and execute sound charter contract s with each
approved public charter school;
6. Monitor, in accordance with char ter contract terms, the
performance and legal compliance of charter schools; and
7. Determine whether each charter contract merits renewal,
nonrenewal or revocation.
J. Sponsors shall establish a procedure for accepting,
approving and disapproving charte r school applications in accordance
with subsection E of this section.
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K. Sponsors shall be requ ired to develop and maintain
chartering policies and practices consistent with recognized
principles and standards for quality charter authorizing as
established by the State Department of Education in all major areas
of authorizing responsibility, includi ng organizational capacity and
infrastructure, soliciting and evaluating charte r applications,
performance contracting, ongoing charter school oversight and
evaluation and charter renewal decision-making.
L. Sponsors acting in their official capacity shal l be immune
from civil and criminal liability with respect to all activities
related to a charter sc hool with which they contract.
SECTION 3. This act shall become effective July 1, 2021.
SECTION 4. It being immediately ne cessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage an d approval.
58-1-369 EB 1/4/2021 1:41:25 PM