| 39 | 48 | | |
|---|
| 40 | 49 | | An Act relating to schools; amending 70 O.S. 20 21, |
|---|
| 41 | 50 | | Sections 3-135, 3-136, 3-137, and 3-142, which relate |
|---|
| 42 | 51 | | to the Oklahoma Charter Schools Act; requiring |
|---|
| 43 | 52 | | charter school to provide certain notice to sponsor; |
|---|
| 44 | 53 | | directing sponsor to use performance framework for |
|---|
| 45 | 54 | | charter school evaluation; authorizing development of |
|---|
| 46 | 55 | | certain separate framework; adding minimum |
|---|
| 47 | 56 | | requirements for framework; mandating annual |
|---|
| 48 | 57 | | evaluation; directing presentation of results to |
|---|
| 49 | 58 | | certain governing boards; defining term; subjecting |
|---|
| 50 | 59 | | charter school to certain spending limitations; |
|---|
| 51 | 60 | | prohibiting charter school from providing inst ruction |
|---|
| 52 | 61 | | to certain students; directing charter school |
|---|
| 53 | 62 | | governing board to comply with certain acts; |
|---|
| 54 | 63 | | subjecting charter school sponsor governing board to |
|---|
| 55 | 64 | | certain conflict of interest requirements; modifying |
|---|
| 56 | 65 | | procedures for charter school contracts; requiring |
|---|
| 57 | 66 | | sponsor to develop a corrective action plan; |
|---|
| 58 | 67 | | authorizing nonrenewal of contract in certain cases; |
|---|
| 59 | 68 | | specifying how sponsor fee should be used; requiring |
|---|
| 60 | 69 | | sponsor to publish certain report on its website; |
|---|
| 61 | 70 | | amending 70 O.S. 2021, Section 3-145.3, which relates |
|---|
| 62 | 71 | | to duties of the Statewide Virtual Charter S chool |
|---|
| 63 | 72 | | Board; requiring compliance with the Oklahoma Charter |
|---|
| 64 | 73 | | Schools Act; modifying limitation on fee for |
|---|
| 65 | 74 | | administrative expenses and supp ort; subjecting |
|---|
| 66 | 75 | | certain charter schools to the same purchasing |
|---|
| 101 | 111 | | certain contracts on their websites ; directing |
|---|
| 102 | 112 | | Department to publish list of fees paid; subjecting |
|---|
| 103 | 113 | | certain board members to instruction and continuing |
|---|
| 104 | 114 | | education requirements; prohibiting certain conflicts |
|---|
| 105 | 115 | | of interest and pecuniary gain; disallowing certain |
|---|
| 106 | 116 | | appointments or selections of memb ers; requiring |
|---|
| 107 | 117 | | sponsor board members to complete instruction and |
|---|
| 108 | 118 | | continuing education requirements; specifying entity |
|---|
| 109 | 119 | | to pay for instruction and continuing education; |
|---|
| 110 | 120 | | prescribing requirements for instruction and |
|---|
| 111 | 121 | | continuing education; defining term; designa ting |
|---|
| 112 | 122 | | certain funds as public funds; prohibiting transfer |
|---|
| 113 | 123 | | or conversion of state funds to private funds; |
|---|
| 114 | 124 | | clarifying provision; requiring payments from charter |
|---|
| 115 | 125 | | schools to comply with certain provisions; directing |
|---|
| 116 | 126 | | organization to provide certain documents; subjecting |
|---|
| 117 | 127 | | certain funds to audit, transparency, oversight and |
|---|
| 118 | 128 | | financial reporting; requiring certain funds to |
|---|
| 119 | 129 | | remain public funds; prescribing grade for |
|---|
| 120 | 130 | | participation in certain extracurricular or |
|---|
| 121 | 131 | | educational activities; declaring certain property to |
|---|
| 122 | 132 | | remain public property of the charter school; |
|---|
| 123 | 133 | | mandating an operating agreement rev iew of certain |
|---|
| 124 | 134 | | charter schools; establishin g procedures for review; |
|---|
| 125 | 135 | | requiring written agreement for certain expenditures; |
|---|
| 126 | 136 | | mandating criminal history record checks for certain |
|---|
| 127 | 137 | | personnel; prescribing process and payment of checks; |
|---|
| 128 | 138 | | prohibiting certain activit ies by educational |
|---|
| 129 | 139 | | management organizations ; amending 70 O.S. 2021, |
|---|
| 130 | 140 | | Section 5-200, which relates to educational |
|---|
| 131 | 141 | | management organizations ; requiring amounts paid to |
|---|
| 132 | 142 | | certain organizations be pursuant to contract terms; |
|---|
| 133 | 143 | | mandating disclosure pursuant to certai n guidelines; |
|---|
| 134 | 144 | | amending 70 O.S. 2021, Section 18-124, which relates |
|---|
| 135 | 145 | | to limitations on administrative services |
|---|
| 136 | 146 | | expenditures; providing app licability of limitation |
|---|
| 137 | 147 | | to certain charter schools; clarifying calculation |
|---|
| 138 | 148 | | for specified schools; modifying definition; |
|---|
| 172 | 183 | | SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -135, is |
|---|
| 173 | 184 | | amended to read as foll ows: |
|---|
| 174 | 185 | | Section 3-135. A. The sponsor of a charter school shall enter |
|---|
| 175 | 186 | | into a written contract with the governing body board of the charter |
|---|
| 176 | 187 | | school. The contract shall incorporate the provisions of the |
|---|
| 177 | 188 | | charter of the charter school and contain, but shall not be limited |
|---|
| 178 | 189 | | to, the following provisions: |
|---|
| 179 | 190 | | 1. A description of the program to be offered by the school |
|---|
| 180 | 191 | | which complies with the purposes outlined in Section 3 -136 of this |
|---|
| 181 | 192 | | title; |
|---|
| 182 | 193 | | 2. Admission policies and p rocedures; |
|---|
| 183 | 194 | | 3. Management and administration of the charter school, |
|---|
| 184 | 195 | | including that a majority of the charter governing board members are |
|---|
| 185 | 196 | | residents of the State of Oklahoma and meet no less than quarterly |
|---|
| 186 | 197 | | in a public meeting within the boundaries of the sch ool district in |
|---|
| 187 | 198 | | which the charter school is located or within the State of Oklahoma |
|---|
| 188 | 199 | | in the instance of multi ple charter school locations by the same |
|---|
| 189 | 200 | | sponsor; |
|---|
| 190 | 201 | | 4. Requirements and procedures for program and financial |
|---|
| 191 | 202 | | audits; |
|---|
| 222 | 234 | | 8. A description of the high standards of expectation and rigor |
|---|
| 223 | 235 | | for charter school plans and assurance that charter school p lans |
|---|
| 224 | 236 | | adopted meet at least those standards; |
|---|
| 225 | 237 | | 9. Policies that require that the charter school be as equally |
|---|
| 226 | 238 | | free and open to all students as traditional public schools; |
|---|
| 227 | 239 | | 10. Procedures that require student s enrolled in the charter |
|---|
| 228 | 240 | | school to be selected by lottery to ensure fairness if more students |
|---|
| 229 | 241 | | apply than a school has the capacity to accommodate; |
|---|
| 230 | 242 | | 11. Policies that require the charter school to be subject to |
|---|
| 231 | 243 | | the same academic standards and expectations as existing public |
|---|
| 232 | 244 | | schools; and |
|---|
| 233 | 245 | | 12. A description of the requirements and procedures for the |
|---|
| 234 | 246 | | charter school to receive funding in accordance with statutory |
|---|
| 235 | 247 | | requirements and guidelines for existing public schools ; and |
|---|
| 236 | 248 | | 13. A requirement to promptly notify the sponsor in the |
|---|
| 237 | 249 | | instance of any significant adverse actions, material findings of |
|---|
| 238 | 250 | | noncompliance, or pendi ng actions, claims, or proceedings in this |
|---|
| 239 | 251 | | state relating to the charter school or an education al management |
|---|
| 240 | 252 | | organization with which the charter school has a contract . |
|---|
| 272 | 285 | | professional development evaluation, suspension, dismissal and |
|---|
| 273 | 286 | | nonreemployment, sick leave, personal business leave, emergency |
|---|
| 274 | 287 | | leave, and family and medical leave. The contract shall also |
|---|
| 275 | 288 | | specifically set forth th e salary, hours, fringe benefits, and work |
|---|
| 276 | 289 | | conditions. The contract may provide for employer -employee |
|---|
| 277 | 290 | | bargaining, but the charter school shall not be required to comply |
|---|
| 278 | 291 | | with the provisions of Sections 509.1 through 509.10 of this title. |
|---|
| 279 | 292 | | The contract shall conform to all applicable provisions set forth in |
|---|
| 280 | 293 | | Section 3-136 of this title. |
|---|
| 281 | 294 | | Upon contracting with any teacher or other personnel, the |
|---|
| 282 | 295 | | governing body board of the charter school shall, in writing, |
|---|
| 283 | 296 | | disclose employment rights of the employees in the eve nt the charter |
|---|
| 284 | 297 | | school closes or the charter is not renewed . |
|---|
| 285 | 298 | | No charter school may begin serving students without a charter |
|---|
| 286 | 299 | | contract executed in accordance with the provisions of the Oklahoma |
|---|
| 287 | 300 | | Charter Schools Act and approved in an open meeting of the sponso r. |
|---|
| 288 | 301 | | The sponsor may establish reasonable preopening requir ements or |
|---|
| 289 | 302 | | conditions to monitor the start -up progress of newly approved |
|---|
| 290 | 303 | | charter schools and ensure that each school is prepared to open |
|---|
| 322 | 336 | | academic and operational performance indicators, measures and |
|---|
| 323 | 337 | | metrics that will guide the evaluations of the shall be used by |
|---|
| 324 | 338 | | charter school sponsor s to evaluate their respective charter school |
|---|
| 325 | 339 | | by the sponsor schools. The sponsor may develop a separate |
|---|
| 326 | 340 | | performance framework to ev aluate a charter school that has been |
|---|
| 327 | 341 | | designated by the St ate Department of Education to implement an |
|---|
| 328 | 342 | | alternative education program throughout the charter school . The |
|---|
| 329 | 343 | | sponsor shall require a charter school to submit the data required |
|---|
| 330 | 344 | | in this section in the identical format that is required by the |
|---|
| 331 | 345 | | State Department of Education of all public schools in order to |
|---|
| 332 | 346 | | avoid duplicative administrative efforts or allow a charter school |
|---|
| 333 | 347 | | to provide permission to the Department to share all required data |
|---|
| 334 | 348 | | with the sponsor of the charter school. The performance framework |
|---|
| 335 | 349 | | shall serve as the minimum requirement for charter school |
|---|
| 336 | 350 | | performance evaluation and shall include, but not be limited to, the |
|---|
| 337 | 351 | | following indicators, measures and metrics for, at a minimum : |
|---|
| 338 | 352 | | 1. Student academic proficiency; |
|---|
| 339 | 353 | | 2. Student academic growth; |
|---|
| 371 | 386 | | 6. In the case of high schools, graduation rates as determined |
|---|
| 372 | 387 | | by the methodology used for public schools in Oklahoma; |
|---|
| 373 | 388 | | 7. In the case of high schools, postsecondary readin ess; |
|---|
| 374 | 389 | | 8. Financial performance and sustainability and compliance with |
|---|
| 375 | 390 | | state and Internal Revenue Service financial reporting requirements; |
|---|
| 376 | 391 | | and |
|---|
| 377 | 392 | | 9. Audit findings or deficiencies; |
|---|
| 378 | 393 | | 10. Accreditation and timely reporting; and |
|---|
| 379 | 394 | | 11. Governing board performance and stewardship, including |
|---|
| 380 | 395 | | compliance with all applicable laws, r egulations and terms of the |
|---|
| 381 | 396 | | charter contract. |
|---|
| 382 | 397 | | The sponsor shall annually evaluate its charter schools according to |
|---|
| 383 | 398 | | the performance framework. The results of the evaluation shall be |
|---|
| 384 | 399 | | presented to the governing board of the charter school and the |
|---|
| 385 | 400 | | governing board of the charter school sponsor in an open meeting and |
|---|
| 386 | 401 | | posted on the website of the charter school. |
|---|
| 387 | 402 | | D. The sponsor shall not request any metric or data from a |
|---|
| 388 | 403 | | charter school that it does not produce or publish for all school |
|---|
| 421 | 437 | | part of a charter contract shall be separate and distinct from any |
|---|
| 422 | 438 | | other charter school under the same charter contract. For the |
|---|
| 423 | 439 | | purposes of this subsection, "separate and distinct" shall mean a |
|---|
| 424 | 440 | | charter school governing board with oversight of more than one |
|---|
| 425 | 441 | | charter school shall not combine accounting, budgeting, |
|---|
| 426 | 442 | | recordkeeping, admissions, employment or policies and operational |
|---|
| 427 | 443 | | decisions of the charter school s it oversees. |
|---|
| 428 | 444 | | SECTION 2. AMENDATORY 70 O.S. 2021, Section 3-136, is |
|---|
| 429 | 445 | | amended to read as follows: |
|---|
| 430 | 446 | | Section 3-136. A. A charter school shall adopt a charter which |
|---|
| 431 | 447 | | will ensure compliance with the following: |
|---|
| 432 | 448 | | 1. A charter school shall compl y with all federal regulations |
|---|
| 433 | 449 | | and state and local rules and statutes relating to health, safety, |
|---|
| 434 | 450 | | civil rights and insurance. By January 1, 2000, the State |
|---|
| 435 | 451 | | Department of Education shall prepare a list of relevant rules and |
|---|
| 436 | 452 | | statutes which a charter school must comply with as required by this |
|---|
| 437 | 453 | | paragraph and shall annu ally provide an update to the list; |
|---|
| 471 | 488 | | any grade between gr ades one and twelve. Instruction may be |
|---|
| 472 | 489 | | provided to all pers ons between the ages of four (4) and twenty-one |
|---|
| 473 | 490 | | (21) years of age. A charter school may offer a curricu lum which |
|---|
| 474 | 491 | | emphasizes a specific learning philosophy or style or certain |
|---|
| 475 | 492 | | subject areas such as mathematics, science, fine arts, performance |
|---|
| 476 | 493 | | arts, or foreign language. The charter of a charter school which |
|---|
| 477 | 494 | | offers grades nine through twelve shall specificall y address whether |
|---|
| 478 | 495 | | the charter school will comply with the graduation requirements |
|---|
| 479 | 496 | | established in Section 11-103.6 of this title. No charter school |
|---|
| 480 | 497 | | shall be chartered for the purpose of offering a curriculum for deaf |
|---|
| 481 | 498 | | or blind students that is the same or s imilar to the curriculum |
|---|
| 482 | 499 | | being provided by or for educating deaf or blind students that are |
|---|
| 483 | 500 | | being served by the Oklahoma School for the Blind or the Okl ahoma |
|---|
| 484 | 501 | | School for the Deaf; |
|---|
| 485 | 502 | | 4. A charter school shall participate in the testing as |
|---|
| 486 | 503 | | required by the Okla homa School Testing Program Act and the |
|---|
| 487 | 504 | | reporting of test results as is required of a schoo l district. A |
|---|
| 520 | 538 | | 6. A charter school, to the extent possible, shall be subject |
|---|
| 521 | 539 | | to the same reporting requirements, financ ial audits, audit |
|---|
| 522 | 540 | | procedures, and audit requirements as a school district. The State |
|---|
| 523 | 541 | | Department of Education or State Auditor and Inspector may conduct |
|---|
| 524 | 542 | | financial, program, o r compliance audits. A charter school shall |
|---|
| 525 | 543 | | use the Oklahoma Cost Accounting Syst em to report financial |
|---|
| 526 | 544 | | transactions to the sponsoring school district or sponsor. The |
|---|
| 527 | 545 | | charter school shall be subject to the limitations on spending , |
|---|
| 528 | 546 | | including provisions of the Oklahoma Constitution , for any funds |
|---|
| 529 | 547 | | received from the state, either through th e State Department of |
|---|
| 530 | 548 | | Education or other sources ; |
|---|
| 531 | 549 | | 7. A charter school shall comply with al l federal and state |
|---|
| 532 | 550 | | laws relating to the education of child ren with disabilities in the |
|---|
| 533 | 551 | | same manner as a school district; |
|---|
| 534 | 552 | | 8. A charter school shall provide for a go verning body board |
|---|
| 535 | 553 | | for the school which shall be responsible for the policies and |
|---|
| 536 | 554 | | operational decisions of the charter school; |
|---|
| 569 | 588 | | 11. A charter school shall provide instruction each yea r for at |
|---|
| 570 | 589 | | least the number of days or hours required in Section 1 -109 of this |
|---|
| 571 | 590 | | title; |
|---|
| 572 | 591 | | 12. A charter school shall comply with the student suspension |
|---|
| 573 | 592 | | requirements provided for in Section 24 -101.3 of this title; |
|---|
| 574 | 593 | | 13. A charter school shall be considered a school d istrict for |
|---|
| 575 | 594 | | purposes of tort liability under The Governmental Tort Claims Act; |
|---|
| 576 | 595 | | 14. Employees of a charter school may participate as members of |
|---|
| 577 | 596 | | the Teachers' Retirement System of Oklahoma in accordance with |
|---|
| 578 | 597 | | applicable statutes and rules if otherwise allowe d pursuant to law; |
|---|
| 579 | 598 | | 15. A charter school may participate in all health and related |
|---|
| 580 | 599 | | insurance programs available to the employees of the sponsor of the |
|---|
| 581 | 600 | | charter school; |
|---|
| 582 | 601 | | 16. A charter school and charter school governing board shall |
|---|
| 583 | 602 | | comply with the Oklahoma O pen Meeting Act and the Oklahoma Open |
|---|
| 584 | 603 | | Records Act; |
|---|
| 585 | 604 | | 17. The governing body board of a charter school and the |
|---|
| 586 | 605 | | governing board of a charter school spons or shall be subject to the |
|---|
| 619 | 639 | | on the preceding June 30, in a manner compliant with Section 5 -135 |
|---|
| 620 | 640 | | of this title. The state ment of expenditures shall include |
|---|
| 621 | 641 | | functional categories as defined in rules adopted by the State Board |
|---|
| 622 | 642 | | of Education to implement the Oklahoma Cost Accounting System |
|---|
| 623 | 643 | | pursuant to Section 5 -145 of this title. Charter schools shall not |
|---|
| 624 | 644 | | be permitted to submit estimates of expenditures or prorated amounts |
|---|
| 625 | 645 | | to fulfill the requirements of this paragraph. |
|---|
| 626 | 646 | | B. The charter of a charter school shall include a description |
|---|
| 627 | 647 | | of the personnel policies, personnel qualifications, and method of |
|---|
| 628 | 648 | | school governance, and the spec ific role and duties of the sponsor |
|---|
| 629 | 649 | | of the charter school. |
|---|
| 630 | 650 | | C. The charter of a charter school may be amended at the |
|---|
| 631 | 651 | | request of the governing body board of the charter school and upon |
|---|
| 632 | 652 | | the approval of the sponsor. |
|---|
| 633 | 653 | | D. A charter school may enter into contrac ts and sue and be |
|---|
| 634 | 654 | | sued. |
|---|
| 635 | 655 | | E. The governing body board of a charter school may shall not |
|---|
| 636 | 656 | | levy taxes or issue bonds. |
|---|
| 669 | 690 | | be retained by the sponsoring school district or sponsor of the |
|---|
| 670 | 691 | | charter school. If a charter school that was previously sponsored |
|---|
| 671 | 692 | | by the board of education of a school dis trict continues operation |
|---|
| 672 | 693 | | within the school district under a new charter sponsored by an |
|---|
| 673 | 694 | | entity authorized pursuant to Section 3 -132 of this title, th e |
|---|
| 674 | 695 | | charter school may retain any personal property purchased with state |
|---|
| 675 | 696 | | or local funds for use in the opera tion of the charter school until |
|---|
| 676 | 697 | | termination of the new charter or failure of the charter s chool to |
|---|
| 677 | 698 | | continue operations. |
|---|
| 678 | 699 | | SECTION 3. AMENDATORY 70 O.S. 2021, Section 3 -137, is |
|---|
| 679 | 700 | | amended to read as follows: |
|---|
| 680 | 701 | | Section 3-137. A. An The first approved contract for between a |
|---|
| 681 | 702 | | charter school and its sponsor shall be effective for five (5) years |
|---|
| 682 | 703 | | from the first day of operation. A charter contract may be renewed |
|---|
| 683 | 704 | | for successive five-year terms of duration, although the sponsor may |
|---|
| 684 | 705 | | vary the term based on the performance, demonstrated capacities and |
|---|
| 685 | 706 | | particular circumstances of each ch arter school. A sponsor may |
|---|
| 719 | 741 | | based on the data required by the Oklahoma Ch arter Schools Act, the |
|---|
| 720 | 742 | | annual performance framework evaluation, the operating agr eement |
|---|
| 721 | 743 | | review if the charter school contracts with an educational |
|---|
| 722 | 744 | | management organization, and the charter contract and taking into |
|---|
| 723 | 745 | | consideration the percentage of at -risk students enrolled in the |
|---|
| 724 | 746 | | school, and. The performance report shall provide notice o f any |
|---|
| 725 | 747 | | weaknesses or, concerns, violations, or deficiencies perceived by |
|---|
| 726 | 748 | | the sponsor concerning the charter school that may jeopardize its |
|---|
| 727 | 749 | | position in seeking renewal if not tim ely rectified, and the charter |
|---|
| 728 | 750 | | school sponsor shall develop a corrective action plan and |
|---|
| 729 | 751 | | corresponding timeline to remedy any violations or deficiencies . |
|---|
| 730 | 752 | | The charter school shall have forty -five (45) days to respond t o the |
|---|
| 731 | 753 | | performance report and submit an y corrections or clarif ications for |
|---|
| 732 | 754 | | the report. If the charter school does not substantially complete |
|---|
| 733 | 755 | | the corrective action plan developed by the sponsor, the sponsor may |
|---|
| 734 | 756 | | choose not to renew the charter contract pursuant to the |
|---|
| 735 | 757 | | requirements of this section . |
|---|
| 736 | 785 | | C. 1. Prior to the beginning of the fifth year of operation, |
|---|
| 737 | 786 | | the charter school may apply for renewal of the contract with the |
|---|
| 738 | 787 | | sponsor. The renewal application guidanc e shall, at a minimum, |
|---|
| 739 | 788 | | provide an opportunity for the charter school to: |
|---|
| 740 | 789 | | a. present additional e vidence, beyond the data contained |
|---|
| 741 | 790 | | in the performance report, suppo rting its case for |
|---|
| 742 | 791 | | charter renewal, |
|---|
| 769 | 792 | | b. describe improvements undertaken or planned for the |
|---|
| 770 | 793 | | school, and |
|---|
| 771 | 794 | | c. detail the plan for the next charter term for the |
|---|
| 772 | 795 | | school. |
|---|
| 773 | 796 | | 2. The renewal applicati on guidance shall include or refer |
|---|
| 774 | 797 | | explicitly to the criteria that will guide the renewal decisions of |
|---|
| 775 | 798 | | the sponsor, which shall be based on the performance fram ework set |
|---|
| 776 | 799 | | forth in the charter contract and consistent with the Oklahoma |
|---|
| 777 | 800 | | Charter Schools Act. |
|---|
| 778 | 801 | | D. The sponsor may deny the request for renewal if it |
|---|
| 779 | 802 | | determines the charter school has failed to complete the obligations |
|---|
| 780 | 803 | | of the contract or comply with the pro visions of the Oklahoma |
|---|
| 781 | 804 | | Charter Schools Act. A sponsor shall give written notice of its |
|---|
| 782 | 805 | | intent to deny the request for renewal at least eight (8) months |
|---|
| 783 | 806 | | prior to expiration of the contract. In making charter renewal |
|---|
| 784 | 807 | | decisions, a sponsor shall: |
|---|
| 818 | 842 | | contract and are organizatio nally and fiscally viable and have been |
|---|
| 819 | 843 | | faithful to the terms of the contract and applicable law; |
|---|
| 820 | 844 | | 3. Ensure that data used in making renewal decisions are |
|---|
| 821 | 845 | | available to the school and the p ublic; and |
|---|
| 822 | 846 | | 4. Provide a public report summarizing the evidence use d as the |
|---|
| 823 | 847 | | basis for each decision. |
|---|
| 824 | 848 | | E. If a sponsor denies a request for renewal, the governin g |
|---|
| 825 | 849 | | board of the sponsor may, if requested by the charter school, |
|---|
| 826 | 850 | | proceed to binding arbitration a s provided for in subsection G of |
|---|
| 827 | 851 | | Section 3-134 of this title. |
|---|
| 828 | 852 | | F. A sponsor may terminate a contract during the term of the |
|---|
| 829 | 853 | | contract for failure to meet the re quirements for student |
|---|
| 830 | 854 | | performance contained in the contract and performance framework, |
|---|
| 831 | 855 | | failure to meet the standards of fiscal management, violations of |
|---|
| 832 | 856 | | the law or other good cause. The sponsor shall give at least ninety |
|---|
| 833 | 857 | | (90) days' written notice to the governing board prior to |
|---|
| 834 | 858 | | terminating the contract. The governing board may request, in |
|---|
| 867 | 892 | | G. 1. Beginning in the 2016 -2017 school year, the State Board |
|---|
| 868 | 893 | | of Education shall identify charter schools in the state that are |
|---|
| 869 | 894 | | ranked in the bottom fi ve percent (5%) of all public schools as |
|---|
| 870 | 895 | | determined pursuant to Sec tion 1210.545 of this title. |
|---|
| 871 | 896 | | 2. At the time of its charter renewal, based on an average of |
|---|
| 872 | 897 | | the current year and the tw o (2) prior operating years, a sponsor |
|---|
| 873 | 898 | | may close a charter school site identified as being among the bottom |
|---|
| 874 | 899 | | five percent (5%) of public s chools in the state. The average of |
|---|
| 875 | 900 | | the current year and two (2) prior operating years shall be |
|---|
| 876 | 901 | | calculated by using th e percentage ranking for each year divided by |
|---|
| 877 | 902 | | three, as determined by this subsection. |
|---|
| 878 | 903 | | 3. If there is a change to the calculation descri bed in Section |
|---|
| 879 | 904 | | 1210.545 of this title that results in a charter school site that |
|---|
| 880 | 905 | | was not ranked in the bottom five perc ent (5%) being ranked in the |
|---|
| 881 | 906 | | bottom five percent (5%), then the sponso r shall use the higher of |
|---|
| 882 | 907 | | the two rankings to calculate the ranking of the charter school |
|---|
| 883 | 908 | | site. |
|---|
| 884 | 936 | | 4. In the event that a sponsor fails to close a charter school |
|---|
| 885 | 937 | | site consistent with this subsection, the sponsor shall appear |
|---|
| 886 | 938 | | before the State Board of Educati on to provide support for its |
|---|
| 887 | 939 | | decision. The State Board of Educati on may, by majority vote, |
|---|
| 888 | 940 | | uphold or overturn the decision of the sponsor. If the decision of |
|---|
| 889 | 941 | | the sponsor is overturned by the State Board of Education, the Board |
|---|
| 890 | 942 | | may implement one of the f ollowing actions: |
|---|
| 917 | 943 | | a. transfer the sponsorship of the charter school |
|---|
| 918 | 944 | | identified in this paragraph to another sponsor, |
|---|
| 919 | 945 | | b. order the closure of the charter school identified in |
|---|
| 920 | 946 | | this paragraph at the end of the current school year, |
|---|
| 921 | 947 | | or |
|---|
| 922 | 948 | | c. order the reduction of any administrative fee |
|---|
| 923 | 949 | | collected by the sponsor that is applicable to the |
|---|
| 924 | 950 | | charter school identified in this paragraph. The |
|---|
| 925 | 951 | | reduction shall become effective at the beginning of |
|---|
| 926 | 952 | | the month following the month the hearing of the |
|---|
| 927 | 953 | | sponsor is held by the State Board of Education. |
|---|
| 928 | 954 | | 5. A charter school that is closed by the Stat e Board of |
|---|
| 929 | 955 | | Education pursuant to paragraph 4 of this subsection shall not be |
|---|
| 930 | 956 | | granted a charter by any other sponsor. |
|---|
| 931 | 957 | | 6. The requirements of this subsection shall not apply to a |
|---|
| 932 | 958 | | charter school that has been designated by the State Department of |
|---|
| 933 | 986 | | Education as implementing an alternative education program |
|---|
| 934 | 987 | | throughout the charter school. |
|---|
| 935 | 988 | | 7. In making a school site closure deci sion, the State Board of |
|---|
| 936 | 989 | | Education shall consider the following: |
|---|
| 937 | 990 | | a. enrollment of students with special challenges such as |
|---|
| 938 | 991 | | drug or alcohol addiction, prior withdrawal from |
|---|
| 939 | 992 | | school, prior incarceration or other special |
|---|
| 940 | 993 | | circumstances, |
|---|
| 967 | 994 | | b. high mobility of the student population resulting from |
|---|
| 968 | 995 | | the specific purpose of the charter school, |
|---|
| 969 | 996 | | c. annual improvement in the performance of students |
|---|
| 970 | 997 | | enrolled in the charter school compared with the |
|---|
| 971 | 998 | | performance of students enrolled in the charter school |
|---|
| 972 | 999 | | in the immediately pr eceding school year, and |
|---|
| 973 | 1000 | | d. whether a majority of students attending t he charter |
|---|
| 974 | 1001 | | school under consideration for closure would likely |
|---|
| 975 | 1002 | | revert to attending public schools with lower academic |
|---|
| 976 | 1003 | | achievement, as demonstrated pursuant to Section |
|---|
| 977 | 1004 | | 1210.545 of this title. |
|---|
| 978 | 1005 | | 8. If the State Board of Education has closed or transferred |
|---|
| 979 | 1006 | | authorization of at least twenty-five percent (25%) of the charter |
|---|
| 980 | 1007 | | schools chartered by one sponsor pursuant to paragraph 4 of this |
|---|
| 981 | 1008 | | subsection, the authority of the sponsor to authorize new charter |
|---|
| 982 | 1009 | | schools may be suspended by the Board until the Board approve s the |
|---|
| 1017 | 1045 | | 1. Within two (2) calendar weeks of a final closure |
|---|
| 1018 | 1046 | | determination, the sponsor shall meet with the governing board and |
|---|
| 1019 | 1047 | | leadership of the charter s chool to establish a transition team |
|---|
| 1020 | 1048 | | composed of school staff, applicant staff and others designated by |
|---|
| 1021 | 1049 | | the applicant that will attend to the closure, including the |
|---|
| 1022 | 1050 | | transfer of students, st udent records and school funds; |
|---|
| 1023 | 1051 | | 2. The sponsor and transition team shall communicate regularly |
|---|
| 1024 | 1052 | | and effectively with families of students enrolled in the charter |
|---|
| 1025 | 1053 | | school, as well as with school staff and other stakeholders, to keep |
|---|
| 1026 | 1054 | | them apprised of key info rmation regarding the closure of the school |
|---|
| 1027 | 1055 | | and their options and r isks; |
|---|
| 1028 | 1056 | | 3. The sponsor and transition team shall ensure that current |
|---|
| 1029 | 1057 | | instruction of students enrolled in the charter sch ool continues per |
|---|
| 1030 | 1058 | | the charter agreement for the remainder of the schoo l year; |
|---|
| 1031 | 1059 | | 4. The sponsor and transition team shall ensure that all |
|---|
| 1032 | 1060 | | necessary and prudent notifications are issued to agencies, |
|---|
| 1033 | 1088 | | employees, insurers, contractors, creditors, debtors and man agement |
|---|
| 1034 | 1089 | | organizations; and |
|---|
| 1035 | 1090 | | 5. The governing board of the charter scho ol shall continue to |
|---|
| 1036 | 1091 | | meet as necessary to take actions needed to wi nd down school |
|---|
| 1037 | 1092 | | operations, manage school finances, allocate resources and |
|---|
| 1038 | 1093 | | facilitate all aspects of closure. |
|---|
| 1039 | 1094 | | I. A sponsor shall develop revocation and nonrenewal processes |
|---|
| 1040 | 1095 | | that are consistent with the Oklahoma Charter Schools Act and that: |
|---|
| 1067 | 1096 | | 1. Provide the charter school with a timely notification of the |
|---|
| 1068 | 1097 | | prospect of revocation or nonrenewal and of the reasons for possible |
|---|
| 1069 | 1098 | | closure; |
|---|
| 1070 | 1099 | | 2. Allow the charter school a reasonable amount of time in |
|---|
| 1071 | 1100 | | which to prepare a response; |
|---|
| 1072 | 1101 | | 3. Provide the charter school with an opportunity to submit |
|---|
| 1073 | 1102 | | documents and give testimony in a public hearing challenging the |
|---|
| 1074 | 1103 | | rationale for closure and in sup port of the continuation of the |
|---|
| 1075 | 1104 | | school at an orderly proceeding held f or that purpose and prior to |
|---|
| 1076 | 1105 | | taking any final nonrenewal or revocat ion decision related to the |
|---|
| 1077 | 1106 | | school; |
|---|
| 1078 | 1107 | | 4. Allow the charter school access to representation by counsel |
|---|
| 1079 | 1108 | | to call witnesses on its behalf; |
|---|
| 1080 | 1109 | | 5. Permit the recording of the proceedings; and |
|---|
| 1081 | 1110 | | 6. After a reasonable period for deliberation, require a final |
|---|
| 1082 | 1111 | | determination be made and conveyed in writing to the charter school. |
|---|
| 1083 | 1139 | | J. If a sponsor revokes or does not renew a charter, the |
|---|
| 1084 | 1140 | | sponsor shall clearly state in a resolution the reasons for the |
|---|
| 1085 | 1141 | | revocation or nonrenewal. |
|---|
| 1086 | 1142 | | K. 1. Before a sponsor may issue a charter to a charter school |
|---|
| 1087 | 1143 | | governing body board that has had its charter terminated or has been |
|---|
| 1088 | 1144 | | informed that its charter will not be r enewed by the current |
|---|
| 1089 | 1145 | | sponsor, the sponsor shall request to have the proposal reviewed by |
|---|
| 1090 | 1146 | | the State Board of Education at a hearing . The State Board of |
|---|
| 1117 | 1147 | | Education shall conduct a hearing in which the sponsor shall present |
|---|
| 1118 | 1148 | | information indicating that the pr oposal of the organizer is |
|---|
| 1119 | 1149 | | substantively different in the areas of deficiency identified by the |
|---|
| 1120 | 1150 | | current sponsor from the current pr oposal as set forth within the |
|---|
| 1121 | 1151 | | charter with its current sponsor. |
|---|
| 1122 | 1152 | | 2. After the State Board of Education conducts a hearing |
|---|
| 1123 | 1153 | | pursuant to this subsection, the Board shall either approve or den y |
|---|
| 1124 | 1154 | | the proposal. |
|---|
| 1125 | 1155 | | 3. If the proposal is denied, no sponsor may issue a charter to |
|---|
| 1126 | 1156 | | the charter school governing body board. |
|---|
| 1127 | 1157 | | L. If a contract is not renewed, the governing board of the |
|---|
| 1128 | 1158 | | charter school may submit an application to a proposed new sponsor |
|---|
| 1129 | 1159 | | as provided for in Section 3-134 of this title. |
|---|
| 1130 | 1160 | | M. If a contract is not renewed or is terminated according to |
|---|
| 1131 | 1161 | | this section, a student who attended the charter school may enroll |
|---|
| 1132 | 1189 | | in the resident school dis trict of the student or may apply for a |
|---|
| 1133 | 1190 | | transfer in accordance with Section 8-103 of this title. |
|---|
| 1134 | 1191 | | SECTION 4. AMENDATORY 70 O.S. 2 021, Section 3-142, is |
|---|
| 1135 | 1192 | | amended to read as follows: |
|---|
| 1136 | 1193 | | Section 3-142. A. The student membership and attendance of the |
|---|
| 1137 | 1194 | | charter school shall be considered separate from the student |
|---|
| 1138 | 1195 | | membership and attendance of the sponsor for the purpose of |
|---|
| 1139 | 1196 | | calculating enrollment and funding including weighted average daily |
|---|
| 1140 | 1197 | | membership pursuant to Section 18 -201.1 of this title and State Aid |
|---|
| 1167 | 1198 | | pursuant to Section 18-200.1 of this title. A charter school shall |
|---|
| 1168 | 1199 | | receive the State Aid allocation, federal funds to which it is |
|---|
| 1169 | 1200 | | eligible and qualifies for and any other state-appropriated revenue |
|---|
| 1170 | 1201 | | generated by its stu dents for the applicable year. Not more than |
|---|
| 1171 | 1202 | | three percent (3%) of the State Aid allocation may be charged by the |
|---|
| 1172 | 1203 | | sponsor as a fee for administrat ive services rendere d. For purposes |
|---|
| 1173 | 1204 | | of this section, the fee for administrative services shall be used |
|---|
| 1174 | 1205 | | by the sponsor to provide oversight and services to the charter |
|---|
| 1175 | 1206 | | schools it sponsors. A charter school sponsor shall publish a |
|---|
| 1176 | 1207 | | detailed report on its we bsite listing expenses related to oversight |
|---|
| 1177 | 1208 | | and services provided by the sponsor to its charter schools. The |
|---|
| 1178 | 1209 | | State Board of Education shall determine the policy and procedure |
|---|
| 1179 | 1210 | | for making payments to a charter school. The fee for administrative |
|---|
| 1180 | 1211 | | services as authorized in this subsection shall only be assessed on |
|---|
| 1181 | 1212 | | the State Aid allocation amount and shall not be assessed on any |
|---|
| 1216 | 1248 | | B. 1. The weighted average daily membership for the first year |
|---|
| 1217 | 1249 | | of operation of a charter school shall be dete rmined initially by |
|---|
| 1218 | 1250 | | multiplying the actual enrollment of students as of August 1 by |
|---|
| 1219 | 1251 | | 1.333. The charter school shall receive revenue equal to that which |
|---|
| 1220 | 1252 | | would be generated by the estimated weighted average daily |
|---|
| 1221 | 1253 | | membership calculated pursuant to this parag raph. At midyear, the |
|---|
| 1222 | 1254 | | allocation for the charter scho ol shall be adjusted using the first |
|---|
| 1223 | 1255 | | quarter weighted average daily membership for the charter school |
|---|
| 1224 | 1256 | | calculated pursuant to subsection A of this section. |
|---|
| 1225 | 1257 | | 2. For the purpose of calculating weighted ave rage daily |
|---|
| 1226 | 1258 | | membership pursuant to Section 18 -201.1 of this title and State Aid |
|---|
| 1227 | 1259 | | pursuant to Section 18 -200.1 of this title, the weighted average |
|---|
| 1228 | 1260 | | daily membership for the first year of operation of a full-time |
|---|
| 1229 | 1261 | | statewide virtual charter school sponsored by the Statewide Virtual |
|---|
| 1230 | 1262 | | Charter School Board shall be determined by multiplying the actual |
|---|
| 1231 | 1263 | | enrollment of students as of August 1 by 1.333. The full -time |
|---|
| 1265 | 1298 | | C. Except as explicitly authorized by state law, a charter |
|---|
| 1266 | 1299 | | school shall not be eligib le to receive state-dedicated, local or |
|---|
| 1267 | 1300 | | county revenue; provided, a charter school may be eligible to |
|---|
| 1268 | 1301 | | receive any other aid, grants or revenues allowed to other schools. |
|---|
| 1269 | 1302 | | A charter school shall be considered a local education agency for |
|---|
| 1270 | 1303 | | purposes of funding. |
|---|
| 1271 | 1304 | | D. Any unexpended funds received by a charter school may be |
|---|
| 1272 | 1305 | | reserved and used for future purposes. The governing body board of |
|---|
| 1273 | 1306 | | a charter school shall not levy taxes or issu e bonds. If otherwise |
|---|
| 1274 | 1307 | | allowed by law, the governing body board of a charter school may |
|---|
| 1275 | 1308 | | enter into private cont racts for the purposes of borrowing mo ney |
|---|
| 1276 | 1309 | | from lenders. If the governing body board of the charter school |
|---|
| 1277 | 1310 | | borrows money, the charter school shal l be solely responsible for |
|---|
| 1278 | 1311 | | repaying the debt, and the state or the sponsor shall not in any way |
|---|
| 1279 | 1312 | | be responsible or ob ligated to repay the debt. |
|---|
| 1280 | 1313 | | E. Any charter school which chooses to lease property shall be |
|---|
| 1281 | 1314 | | eligible to receive current government lease rat es. |
|---|
| 1282 | 1342 | | F. Except as otherwise provided in this subsection, each |
|---|
| 1283 | 1343 | | charter school shall pa y to the Charter School Closure Reimbursement |
|---|
| 1284 | 1344 | | Revolving Fund created i n subsection G of this section an amount |
|---|
| 1285 | 1345 | | equal to Five Dollars ($5.00) per student based on average d aily |
|---|
| 1286 | 1346 | | membership, as defined by paragraph 2 of Section 18-107 of this |
|---|
| 1287 | 1347 | | title, during the first nine (9) weeks of the sc hool year. Each |
|---|
| 1288 | 1348 | | charter school shall complete the payment every school year within |
|---|
| 1315 | 1349 | | thirty (30) days after the first nine (9) weeks of the school year. |
|---|
| 1316 | 1350 | | If the Charter School Closure Reimbursement Revolving Fund has a |
|---|
| 1317 | 1351 | | balance of One Million Dollars ($1,000 ,000.00) or more on July 1, no |
|---|
| 1318 | 1352 | | payment shall be required the following school year. |
|---|
| 1319 | 1353 | | G. There is hereby created in the State Treasury a rev olving |
|---|
| 1320 | 1354 | | fund for the State Department of Education to be designated the |
|---|
| 1321 | 1355 | | "Charter School Closure Reimbursement Revolvin g Fund". The fund |
|---|
| 1322 | 1356 | | shall be a continuing fund, not subject to fiscal year limitations, |
|---|
| 1323 | 1357 | | and shall consist of all monies received by the Stat e Department of |
|---|
| 1324 | 1358 | | Education from charter schools as provided in subsection F of this |
|---|
| 1325 | 1359 | | section. All monies accruing to t he credit of said fund are hereby |
|---|
| 1326 | 1360 | | appropriated and may be budgeted and expended by the State |
|---|
| 1327 | 1361 | | Department of Education for the purpose of rei mbursing charter |
|---|
| 1328 | 1362 | | school sponsors for costs incurred due to the closure of a charter |
|---|
| 1329 | 1363 | | school. Expenditures from said f und shall be made upon warrants |
|---|
| 1330 | 1364 | | issued by the State Treasurer against claims filed as prescribed by |
|---|
| 1331 | 1365 | | law with the Director of the Office of Management and Enterprise |
|---|
| 1363 | 1398 | | Section 3-145.3 A. Subject to the requirements of the Oklahoma |
|---|
| 1364 | 1399 | | Charter Schools Act, the Statewide Virtual Charter School Board |
|---|
| 1365 | 1400 | | shall: |
|---|
| 1366 | 1401 | | 1. Provide oversight of the operations of statewide virtual |
|---|
| 1367 | 1402 | | charter schools in this state ; |
|---|
| 1368 | 1403 | | 2. Establish a procedure for accepting, approving and |
|---|
| 1369 | 1404 | | disapproving statewide virtual charter school applications and a |
|---|
| 1370 | 1405 | | process for renewal or revocation of approved charter school |
|---|
| 1371 | 1406 | | contracts which minimally meet the procedures set forth in the |
|---|
| 1372 | 1407 | | Oklahoma Charter Schools Act; |
|---|
| 1373 | 1408 | | 3. Make publicly available a list of supplemental online |
|---|
| 1374 | 1409 | | courses which have been reviewed and certified by the Statewide |
|---|
| 1375 | 1410 | | Virtual Charter School Board to ensure that the courses are high |
|---|
| 1376 | 1411 | | quality options and are aligned with the subject matter standards |
|---|
| 1377 | 1412 | | adopted by the State Board of Education pursuant to Section 11-103.6 |
|---|
| 1378 | 1413 | | of this title. The Statewide Virtual Charter School Board shall |
|---|
| 1379 | 1414 | | give special emphasis on listing supplemental online cours es in |
|---|
| 1380 | 1415 | | science, technology, engineering and math (STEM), foreign language |
|---|
| 1381 | 1416 | | and advanced placement courses. School districts shall not be |
|---|
| 1413 | 1449 | | online course providers to offer a state rate price to school |
|---|
| 1414 | 1450 | | districts for supplemental online courses that have been reviewed |
|---|
| 1415 | 1451 | | and certified by the Statewide Virtual Charter School Board and |
|---|
| 1416 | 1452 | | listed as provided for in paragraph 3 of this subsection. |
|---|
| 1417 | 1453 | | B. Except as otherwise provided by law, each sta tewide virtual |
|---|
| 1418 | 1454 | | charter school which has been approved and sponsored by the Board |
|---|
| 1419 | 1455 | | shall be subject to and comply with the requirements of the Oklahoma |
|---|
| 1420 | 1456 | | Charter Schools Act. Each statewide virtual charter school which |
|---|
| 1421 | 1457 | | has been approved and sponsored by the Board or any virtual cha rter |
|---|
| 1422 | 1458 | | school for which the Board has assumed sponsorship of as provided |
|---|
| 1423 | 1459 | | for in Section 3-145.5 of this title shall be considered a statewide |
|---|
| 1424 | 1460 | | virtual charter school and , except as provided in subsection H of |
|---|
| 1425 | 1461 | | this section, the geographic boundaries of each st atewide virtual |
|---|
| 1426 | 1462 | | charter school shall be the borders of the state. |
|---|
| 1427 | 1463 | | C. Each statewide virtual charter school approved by the |
|---|
| 1428 | 1464 | | Statewide Virtual Charter School Board shall be eligible to receive |
|---|
| 1429 | 1465 | | federal funds generated by students enrolled in the charter scho ol |
|---|
| 1430 | 1466 | | for the applicable year. Each statewide virtual charter school |
|---|
| 1463 | 1500 | | year, less up to five percent (5%) three percent (3%) of the State |
|---|
| 1464 | 1501 | | Aid allocation, which may be retained by the Statewide Virtual |
|---|
| 1465 | 1502 | | Charter School Board for administrative expenses and to support the |
|---|
| 1466 | 1503 | | mission of the Board. A statewide virtual charter school shall be |
|---|
| 1467 | 1504 | | eligible for any other funding any other charter school is eligible |
|---|
| 1468 | 1505 | | for as provided for in Section 3-142 of this title. Each statewide |
|---|
| 1469 | 1506 | | virtual charter school shall be considered a separate local |
|---|
| 1470 | 1507 | | education agency for purposes of reporting and accountability. |
|---|
| 1471 | 1508 | | E. A virtual charter school or a charter school which contracts |
|---|
| 1472 | 1509 | | with an educational management organization shall be subject to the |
|---|
| 1473 | 1510 | | same reporting requirements, financial audits, audit procedures and |
|---|
| 1474 | 1511 | | audit requirements as a school district and the compliance |
|---|
| 1475 | 1512 | | requirements provided in Section 3 -136 of this title. The State |
|---|
| 1476 | 1513 | | Department of Education or State Auditor and Inspector may c onduct |
|---|
| 1477 | 1514 | | financial, program or compliance audits. A virtual charter school |
|---|
| 1478 | 1515 | | or a charter school which contracts with an educational management |
|---|
| 1479 | 1516 | | organization shall use the Oklahoma Cost Accounting System (OCAS) to |
|---|
| 1480 | 1517 | | report financial transactions to the State Department of Education. |
|---|
| 1513 | 1551 | | virtual charter school shall be subject to the same conflict of |
|---|
| 1514 | 1552 | | interest requirements as a member of a local school board inc luding, |
|---|
| 1515 | 1553 | | but not limited to, Sections 5 -113 and 5-124 of this title. Members |
|---|
| 1516 | 1554 | | appointed to the governing body board of a virtual charter schoo l |
|---|
| 1517 | 1555 | | after July 1, 2019, shall be subject to the same instruction and |
|---|
| 1518 | 1556 | | continuing education requirements as a member of a local school |
|---|
| 1519 | 1557 | | board and pursuant to Section 5 -110 of this title, complete twelve |
|---|
| 1520 | 1558 | | (12) hours of instruction within fifteen (15) months of ap pointment |
|---|
| 1521 | 1559 | | to the governing body board, and pursuant to Section 5-110.1 of this |
|---|
| 1522 | 1560 | | title, attend continuing education. The instruction and continuing |
|---|
| 1523 | 1561 | | education shall include a minimum of two (2) hours of instruction |
|---|
| 1524 | 1562 | | and continuing education by the State Auditor and Inspector or an |
|---|
| 1525 | 1563 | | entity approved by the State Audito r and Inspector. Members |
|---|
| 1526 | 1564 | | appointed to the governing boar d of a virtual charter school prior |
|---|
| 1527 | 1565 | | to July 1, 2019, shall comply with the requirements of this |
|---|
| 1528 | 1566 | | subsection and, within fifteen (15) months of the effective date of |
|---|
| 1529 | 1567 | | this act, shall complete twelve (12 ) hours of instruction pursuant |
|---|
| 1530 | 1568 | | to Section 5-110 of this title. |
|---|
| 1562 | 1601 | | statewide virtual charter school, an online provider for the charter |
|---|
| 1563 | 1602 | | school or any other outside organization. |
|---|
| 1564 | 1603 | | H. 1. Beginning with the 2021-2022 school year, a public |
|---|
| 1565 | 1604 | | school student who wishes to enroll in a virtual charter school |
|---|
| 1566 | 1605 | | shall be considered a transfer student from their resident school |
|---|
| 1567 | 1606 | | district. A virtual charter school shall pre-enroll any public |
|---|
| 1568 | 1607 | | school student whose parent expresses intent to enroll in the |
|---|
| 1569 | 1608 | | district. Upon pre-enrollment, the State Department of Education |
|---|
| 1570 | 1609 | | shall initiate a transfer on a form to be completed by the receiving |
|---|
| 1571 | 1610 | | virtual charter school. Upon approval of the receiving virtual |
|---|
| 1572 | 1611 | | charter school, the student may begin instructional activit ies. |
|---|
| 1573 | 1612 | | Upon notice that a public school student has transferred to a |
|---|
| 1574 | 1613 | | virtual charter school, the resident school district shall transmit |
|---|
| 1575 | 1614 | | the student's records within three (3) school days. |
|---|
| 1576 | 1615 | | 2. The State Department of Education shall notify the |
|---|
| 1577 | 1616 | | Legislature and Governor if it determines that the information |
|---|
| 1578 | 1617 | | technology infrastructure necessary to process the transfer of |
|---|
| 1579 | 1618 | | students to a virtual chart er school is inadequate and one (1) |
|---|
| 1580 | 1619 | | additional school year is needed for implementation. |
|---|
| 1612 | 1652 | | permitted to transfer to any other statewide virtual charter school |
|---|
| 1613 | 1653 | | without the concurrence of both th e resident school district and the |
|---|
| 1614 | 1654 | | receiving virtual chart er school. A student shall have a grace |
|---|
| 1615 | 1655 | | period of fifteen (15) school days from the first day of enrollment |
|---|
| 1616 | 1656 | | in a statewide virtual charter school to withdraw without academic |
|---|
| 1617 | 1657 | | penalty and shall cont inue to have the option of one virtual charter |
|---|
| 1618 | 1658 | | school transfer without the concurrence of both districts during |
|---|
| 1619 | 1659 | | that same school year. A statewide virtual charter school student |
|---|
| 1620 | 1660 | | that has utilized the allowable one transfer pursuant to this |
|---|
| 1621 | 1661 | | subsection shall not be permitted to transfer to another district or |
|---|
| 1622 | 1662 | | other statewide virtual charter school without first notifying his |
|---|
| 1623 | 1663 | | or her resident district and initiating a new transfer. Upon |
|---|
| 1624 | 1664 | | cancellation of a transfer the virtual charter school shall transmit |
|---|
| 1625 | 1665 | | the student's records to the student's new school district wit hin |
|---|
| 1626 | 1666 | | three (3) school days. Students enrolled in a statewi de virtual |
|---|
| 1627 | 1667 | | charter school shall not be required to submit a virtual charter |
|---|
| 1628 | 1668 | | transfer for consecutive years of enrollment. Any student enrol led |
|---|
| 1629 | 1669 | | in a statewide virtual charter school the year prior t o the |
|---|
| 1662 | 1703 | | I. 1. A student shall be eligible to enroll in a statewide |
|---|
| 1663 | 1704 | | virtual charter school if he or she is a student whose parent or |
|---|
| 1664 | 1705 | | legal guardian is transferred or is pending transfer to a military |
|---|
| 1665 | 1706 | | installation within this state while on active military duty |
|---|
| 1666 | 1707 | | pursuant to an official military order. |
|---|
| 1667 | 1708 | | 2. A statewide virtual charter school shall accept applications |
|---|
| 1668 | 1709 | | by electronic means for enrollment and c ourse registration for |
|---|
| 1669 | 1710 | | students described in paragraph 1 of this subsection. |
|---|
| 1670 | 1711 | | 3. The parent or legal guardian of a s tudent described in |
|---|
| 1671 | 1712 | | paragraph 1 of this subsection shall provide proof of residence in |
|---|
| 1672 | 1713 | | this state within ten (10) days after the published a rrival date |
|---|
| 1673 | 1714 | | provided on official documentation. A parent or legal guardian may |
|---|
| 1674 | 1715 | | use the following addresses as proof of residence: |
|---|
| 1675 | 1716 | | a. a temporary on-base billeting facility, |
|---|
| 1676 | 1717 | | b. a purchased or leased home or apartment, or |
|---|
| 1677 | 1718 | | c. federal government or p ublic-private venture off-base |
|---|
| 1678 | 1719 | | military housing. |
|---|
| 1711 | 1753 | | States including members of the National Guard and |
|---|
| 1712 | 1754 | | Military Reserve on active duty orders, and |
|---|
| 1713 | 1755 | | b. "military installation " means a base, camp, post, |
|---|
| 1714 | 1756 | | station, yard, center, homeport facility for any ship |
|---|
| 1715 | 1757 | | or other installation under the jurisdiction of the |
|---|
| 1716 | 1758 | | Department of Defense or the United States Coast |
|---|
| 1717 | 1759 | | Guard. |
|---|
| 1718 | 1760 | | J. A virtual charter school shall not accept or deny a transfer |
|---|
| 1719 | 1761 | | based on ethnicity, national origin, gender, income level, disabling |
|---|
| 1720 | 1762 | | condition, proficiency in the English language, measure of |
|---|
| 1721 | 1763 | | achievement, aptitude or athletic ability. |
|---|
| 1722 | 1764 | | K. The decision of the Statewide Virtual Charter School Board |
|---|
| 1723 | 1765 | | to deny, nonrenew not renew, or terminate the charter contract of a |
|---|
| 1724 | 1766 | | statewide virtual charter school may be appealed t o the State Board |
|---|
| 1725 | 1767 | | of Education within thirty (30) days of the decision by the |
|---|
| 1726 | 1768 | | Statewide Virtual Charter School Board. The State Board of |
|---|
| 1727 | 1769 | | Education shall act on the appeal within sixty (60) days of receipt |
|---|
| 1728 | 1770 | | of the request from the statewide virtual charter school applicant. |
|---|
| 1759 | 1802 | | SECTION 6. NEW LAW A new section of law to be codified |
|---|
| 1760 | 1803 | | in the Oklahoma Statutes as Se ction 3-145.9 of Title 70, unless |
|---|
| 1761 | 1804 | | there is created a duplication in numbering, reads as follows: |
|---|
| 1762 | 1805 | | A. Beginning with the 202 3-2024 school year, any governing |
|---|
| 1763 | 1806 | | board of a charter school which contracts with an educational |
|---|
| 1764 | 1807 | | management organization as defined in Section 5-200 of Title 70 of |
|---|
| 1765 | 1808 | | the Oklahoma Statutes shall: |
|---|
| 1766 | 1809 | | 1. Consist of a minimum of five (5 ) members, including one |
|---|
| 1767 | 1810 | | member who shall be a parent, grandparent, legal guardian or |
|---|
| 1768 | 1811 | | learning coach of a stu dent who attends the charter school. As used |
|---|
| 1769 | 1812 | | in this paragraph, "learning coach" means a designated person who |
|---|
| 1770 | 1813 | | has the primary responsibility of b eing actively involved in all |
|---|
| 1771 | 1814 | | school-related work and activities of a student. The bylaws of the |
|---|
| 1772 | 1815 | | charter school shall set specific terms of service for charter |
|---|
| 1773 | 1816 | | school governing board members; |
|---|
| 1774 | 1817 | | 2. Meet at least one time per month; |
|---|
| 1775 | 1818 | | 3. Adopt a charter which shall ensure compliance with the same |
|---|
| 1776 | 1819 | | requirements and guidelines as provided in Section 3 -136 of Title 70 |
|---|
| 1777 | 1820 | | of the Oklahoma Statutes; |
|---|
| 1809 | 1853 | | eight (8) hours of instruction offered by the Offi ce of the State |
|---|
| 1810 | 1854 | | Auditor and Inspector or other organization s or associations |
|---|
| 1811 | 1855 | | representing school administrators or district boards of education |
|---|
| 1812 | 1856 | | in this state as approved by the State Auditor and Inspector. Each |
|---|
| 1813 | 1857 | | year the encumbrance clerk and treasurer sha ll complete at least |
|---|
| 1814 | 1858 | | three (3) hours of continuing education offered by the Office of the |
|---|
| 1815 | 1859 | | State Auditor and Inspector or other organizations or associations |
|---|
| 1816 | 1860 | | representing school administrators or district boards of education |
|---|
| 1817 | 1861 | | in this state as approved by the State Auditor and Inspector . If |
|---|
| 1818 | 1862 | | the board clerk, minute clerk, encumbrance clerk or treasurer is |
|---|
| 1819 | 1863 | | also a member of the charter school governing board, his or her |
|---|
| 1820 | 1864 | | completed instruction and continuing education requirements in this |
|---|
| 1821 | 1865 | | paragraph shall count t oward the board instruction and continuing |
|---|
| 1822 | 1866 | | education requirements provided in subsection F of Section 3 -145.3 |
|---|
| 1823 | 1867 | | of Title 70 of the Oklahoma Statutes; and |
|---|
| 1824 | 1868 | | 5. Submit to the State Department of Education copies of any |
|---|
| 1825 | 1869 | | contract executed between the charter scho ol governing board or |
|---|
| 1826 | 1870 | | charter school sponsor governing board and an educational management |
|---|
| 1827 | 1871 | | organization. The Department and the sponsor shall publish the |
|---|
| 1857 | 1902 | | B. Beginning with the 2023-2024 school year, members of a |
|---|
| 1858 | 1903 | | charter school governing board which contracts with an educational |
|---|
| 1859 | 1904 | | management organization shall: |
|---|
| 1860 | 1905 | | 1. Be subject to the instruction and continuing education |
|---|
| 1861 | 1906 | | requirements as provided in subsection F of Section 3-145.3 of Title |
|---|
| 1862 | 1907 | | 70 of the Oklahoma Statutes; |
|---|
| 1863 | 1908 | | 2. Be subject to the same conflict of interest requirements as |
|---|
| 1864 | 1909 | | a member of a local school board including, but not limited to, |
|---|
| 1865 | 1910 | | Sections 5-113 and 5-124 of Title 70 of the Oklahoma Statutes. No |
|---|
| 1866 | 1911 | | member shall receive pecun iary gain, incidentally or otherwise, from |
|---|
| 1867 | 1912 | | the earnings of the educational management organization or school; |
|---|
| 1868 | 1913 | | and |
|---|
| 1869 | 1914 | | 3. Not be appointed or selected by any person affiliated with |
|---|
| 1870 | 1915 | | the educational management organization. |
|---|
| 1871 | 1916 | | SECTION 7. NEW LAW A new section of law to be codified |
|---|
| 1872 | 1917 | | in the Oklahoma Statutes as Section 3-145.10 of Title 70, unless |
|---|
| 1873 | 1918 | | there is created a duplication in numbering, reads as follows: |
|---|
| 1874 | 1919 | | A. Beginning with the 202 3-2024 school year, members of a |
|---|
| 1875 | 1920 | | charter school sponsor governing board that sponsors a charter |
|---|
| 1876 | 1921 | | school which contracts with an educational management or ganization |
|---|
| 1877 | 1922 | | shall complete instruction and continuing education. |
|---|
| 1907 | 1953 | | instruction and continuing education by the Office of the State |
|---|
| 1908 | 1954 | | Auditor and Inspector or an entity approved by the State Auditor and |
|---|
| 1909 | 1955 | | Inspector. |
|---|
| 1910 | 1956 | | 2. The governing board of a charter school sponsor shall pay |
|---|
| 1911 | 1957 | | for the costs of ins truction and continuing educ ation for its board |
|---|
| 1912 | 1958 | | members. |
|---|
| 1913 | 1959 | | 3. Each member shall complete at least twelve (12) hours of |
|---|
| 1914 | 1960 | | instruction within the first year of his or her appointment or |
|---|
| 1915 | 1961 | | within fifteen (15) months after the effective date of this act. |
|---|
| 1916 | 1962 | | 4. After completing the initial twelve (12) hours of |
|---|
| 1917 | 1963 | | instruction provided in paragraph 3 of this sub section, each member |
|---|
| 1918 | 1964 | | shall annually complete at least three (3) hours of continuing |
|---|
| 1919 | 1965 | | education. |
|---|
| 1920 | 1966 | | B. As used in this section, "educational management |
|---|
| 1921 | 1967 | | organization" shall have the same meaning as in Section 5-200 of |
|---|
| 1922 | 1968 | | Title 70 of the Oklahoma Statutes. |
|---|
| 1923 | 1969 | | SECTION 8. NEW LAW A new section of law to be codified |
|---|
| 1924 | 1970 | | in the Oklahoma Statutes as Section 3-145.11 of Title 70, unless |
|---|
| 1925 | 1971 | | there is created a duplicatio n in numbering, reads as follows: |
|---|
| 1926 | 1972 | | A. 1. State funds appropriated to any charter school whi ch |
|---|
| 1927 | 1973 | | contracts with an educat ional management organization as defined in |
|---|
| 1957 | 2004 | | shall remain public funds maintained in public accounts subject to |
|---|
| 1958 | 2005 | | audit, transparency, oversight an d financial reporting and shall not |
|---|
| 1959 | 2006 | | be transferred or con verted in any way to private funds except for |
|---|
| 1960 | 2007 | | funds which are paid for charter school expens es and funds which are |
|---|
| 1961 | 2008 | | paid to the educational management organization from the charter |
|---|
| 1962 | 2009 | | school pursuant to the terms of the contract and in accordance with |
|---|
| 1963 | 2010 | | state law and Internal Revenue Service requirements. If there is |
|---|
| 1964 | 2011 | | any question or potential discrepancy regarding use of funds paid to |
|---|
| 1965 | 2012 | | the educational management organization by the State Department of |
|---|
| 1966 | 2013 | | Education, charter school governing board, or charter school |
|---|
| 1967 | 2014 | | sponsor, the educational management organization shall provide |
|---|
| 1968 | 2015 | | invoices and financial document ation to the requesting ent ity |
|---|
| 1969 | 2016 | | proving the educational management organization is following the |
|---|
| 1970 | 2017 | | terms of the contract and is in compliance with the law . |
|---|
| 1971 | 2018 | | 2. Any state funds which are designated as s tudent learning |
|---|
| 1972 | 2019 | | funds are appropriated for the benefit of the student, including |
|---|
| 1973 | 2020 | | extracurricular and educational activity funds, and shall remain |
|---|
| 1974 | 2021 | | public funds maintained in public accounts subject to audit, |
|---|
| 1975 | 2022 | | transparency, oversight and financial reporting and expended in |
|---|
| 1976 | 2023 | | accordance with purchasing requirements pro vided in Section 5-135 of |
|---|
| 1977 | 2024 | | Title 70 of the Oklahoma Statutes. Students shall receive a grade |
|---|
| 2006 | 2054 | | 3. Any property purchased with public funds pursuant to this |
|---|
| 2007 | 2055 | | section may be assigned to emplo yees or students of the charter |
|---|
| 2008 | 2056 | | school for charter school employment or extracurricular or |
|---|
| 2009 | 2057 | | educational purposes, but shall remain public property of the |
|---|
| 2010 | 2058 | | charter school. |
|---|
| 2011 | 2059 | | B. In the third year of the charter school contract term, the |
|---|
| 2012 | 2060 | | State Auditor and Inspecto r or an auditor selected from a list of |
|---|
| 2013 | 2061 | | auditors approved and maintained by t he State Auditor and Inspector |
|---|
| 2014 | 2062 | | shall conduct an operating agreement review of each charter sch ool |
|---|
| 2015 | 2063 | | which contracts with an educational management organiz ation to |
|---|
| 2016 | 2064 | | verify that the charter school and the educational management |
|---|
| 2017 | 2065 | | organization are following the te rms of the contract and complying |
|---|
| 2018 | 2066 | | with state law and Internal Revenue Service requirements . The |
|---|
| 2019 | 2067 | | auditor may request additional documentation from the c harter school |
|---|
| 2020 | 2068 | | or educational management organization to address any question or |
|---|
| 2021 | 2069 | | potential discrepancy. The charter school sponsor shall pay for the |
|---|
| 2022 | 2070 | | expenses related to the review, oversee the revie w and provide a |
|---|
| 2023 | 2071 | | full report of the review to the governing boards of the charter |
|---|
| 2024 | 2072 | | school and the charter school sponsor. |
|---|
| 2025 | 2073 | | C. Every provider or entity that contract s with a charter |
|---|
| 2026 | 2074 | | school for expenditure of state funds pu rsuant to paragraph 2 of |
|---|
| 2027 | 2075 | | subsection A of this section shall: |
|---|
| 2056 | 2105 | | or entity pursuant to the contract and the costs thereof and that |
|---|
| 2057 | 2106 | | such goods, services and employees of the provider or entity comply |
|---|
| 2058 | 2107 | | with federal and state la ws; and |
|---|
| 2059 | 2108 | | 2. Have on file with the State Department of Education a |
|---|
| 2060 | 2109 | | current Oklahoma criminal history reco rd check from the Oklahoma |
|---|
| 2061 | 2110 | | State Bureau of Investigation or equivalent criminal history record |
|---|
| 2062 | 2111 | | check from another state as well as a national criminal h istory |
|---|
| 2063 | 2112 | | record check as defi ned in Section 150.9 of Title 74 of the Oklahoma |
|---|
| 2064 | 2113 | | Statutes for every owner and employee of the provider or entity who |
|---|
| 2065 | 2114 | | will have contact with students pursuant to the contra ct. Upon |
|---|
| 2066 | 2115 | | receipt of the Oklahoma criminal history record check or equivalent |
|---|
| 2067 | 2116 | | criminal history record check from another state, the provider or |
|---|
| 2068 | 2117 | | entity may begin extracurricular or educational activities until |
|---|
| 2069 | 2118 | | receipt of the national criminal history record check. The provider |
|---|
| 2070 | 2119 | | or entity shall be responsible for t he cost of the criminal his tory |
|---|
| 2071 | 2120 | | record checks. Results of the check s shall be included as a |
|---|
| 2072 | 2121 | | requirement of the contract and reported to the governing board of |
|---|
| 2073 | 2122 | | the charter school. |
|---|
| 2074 | 2123 | | D. An educational management organization shall not: |
|---|
| 2075 | 2124 | | 1. Manage or control the governing board of a ch arter school, |
|---|
| 2076 | 2125 | | including, but not limited to, setting meeting agendas, adoptin g |
|---|
| 2105 | 2155 | | 2. Employ a charter school superintendent who is also an owner |
|---|
| 2106 | 2156 | | of the educational management organization, unless the ownership |
|---|
| 2107 | 2157 | | stake held by the superintendent is less than ten percent (10%); |
|---|
| 2108 | 2158 | | 3. Employ legal counsel who also represents the charter school |
|---|
| 2109 | 2159 | | or charter school governing board which has an agreement with the |
|---|
| 2110 | 2160 | | educational management organiz ation; and |
|---|
| 2111 | 2161 | | 4. Request public employees , including, but not limited to, |
|---|
| 2112 | 2162 | | teachers and other charter school employees , to complete tasks or |
|---|
| 2113 | 2163 | | perform duties that the educational management organization has been |
|---|
| 2114 | 2164 | | contracted to fulfill . |
|---|
| 2115 | 2165 | | SECTION 9. AMENDATORY 70 O.S. 2021 , Section 5-200, is |
|---|
| 2116 | 2166 | | amended to read as follows: |
|---|
| 2117 | 2167 | | Section 5-200. A. As used in this section, "educational |
|---|
| 2118 | 2168 | | management organization " means a for-profit or nonprofit |
|---|
| 2119 | 2169 | | organization that receives public funds to provide administr ation |
|---|
| 2120 | 2170 | | and management services for a charter school, statewide virtual |
|---|
| 2121 | 2171 | | charter school or traditional public school. |
|---|
| 2122 | 2172 | | B. A charter school that contracts with an educational |
|---|
| 2123 | 2173 | | management organizati on shall use the Oklahoma Cost Accoun ting |
|---|
| 2124 | 2174 | | System (OCAS) to repor t the total amount paid to an educational |
|---|
| 2125 | 2175 | | management organization pursuant to the terms of the contract as |
|---|
| 2126 | 2176 | | well as actual itemized expenditure information for the goods or |
|---|
| 2155 | 2206 | | superintendent inclu ding the base salary, insurance, retirement and |
|---|
| 2156 | 2207 | | other fringe benefits. |
|---|
| 2157 | 2208 | | C. Any Pursuant to Internal Revenue Service guidelines, any |
|---|
| 2158 | 2209 | | owner of an educational ma nagement organization shall be required to |
|---|
| 2159 | 2210 | | disclose to the governing board of the school in a publ ic meeting |
|---|
| 2160 | 2211 | | any ownership position in any business that co ntracts or proposes to |
|---|
| 2161 | 2212 | | contract with the same public school that the educational management |
|---|
| 2162 | 2213 | | organization is managing. |
|---|
| 2163 | 2214 | | D. Whenever any person shall enter into a c ontract with any |
|---|
| 2164 | 2215 | | school district or p ublic charter school in the state to teach in |
|---|
| 2165 | 2216 | | such school district or public charter school the contract shall be |
|---|
| 2166 | 2217 | | binding on the teacher and on the board of e ducation until the |
|---|
| 2167 | 2218 | | teacher legally has been discharged from t he teaching position or |
|---|
| 2168 | 2219 | | released by the board of education from the contract. Except as |
|---|
| 2169 | 2220 | | provided in Section 5-106A of Title 70 of the Oklahoma Statutes this |
|---|
| 2170 | 2221 | | title, until such teacher has been th us discharged or released, the |
|---|
| 2171 | 2222 | | teacher shall not have authority to enter into a contract with any |
|---|
| 2172 | 2223 | | other board of education in Oklahoma for the same time co vered by |
|---|
| 2173 | 2224 | | the original contract. If upon written complaint by the board of |
|---|
| 2174 | 2225 | | education in a district an y teacher is reported to ha ve failed to |
|---|
| 2175 | 2226 | | obey the terms of the contract p reviously made and to have entered |
|---|
| 2176 | 2227 | | into a contract with another board of education, including a public |
|---|
| 2205 | 2257 | | of the Oklahoma Statutes this title, the teacher, upon being found |
|---|
| 2206 | 2258 | | to be employed full-time for another public school, including a |
|---|
| 2207 | 2259 | | public charter school in the state, at a hearing held before the |
|---|
| 2208 | 2260 | | State Board of Education, shal l have such teacher's certificate |
|---|
| 2209 | 2261 | | suspended for the rema inder of the term for which the contract was |
|---|
| 2210 | 2262 | | made. |
|---|
| 2211 | 2263 | | SECTION 10. AMENDATORY 70 O.S. 2021, Section 18 -124, is |
|---|
| 2212 | 2264 | | amended to read as follows: |
|---|
| 2213 | 2265 | | Section 18-124. A. Any school district with an average daily |
|---|
| 2214 | 2266 | | attendance (ADA) of more than one thousand five hundred (1,500) |
|---|
| 2215 | 2267 | | students for the preceding year which exp ends for administrative |
|---|
| 2216 | 2268 | | services in the 2005 -06 school year or any s chool year thereafter, |
|---|
| 2217 | 2269 | | less expenditures for legal services, more than five percent (5%) of |
|---|
| 2218 | 2270 | | the amount it expends for total expendi tures, less expenditures for |
|---|
| 2219 | 2271 | | legal services, shall have t he amount which exceeds the five percent |
|---|
| 2220 | 2272 | | (5%) withheld the following year from the Foundation and Sal ary |
|---|
| 2221 | 2273 | | Incentive Aid for the school district. |
|---|
| 2222 | 2274 | | B. Any school district with an average daily attendanc e (ADA) |
|---|
| 2223 | 2275 | | of more than five hundred (500) students but not more than one |
|---|
| 2224 | 2276 | | thousand five hundred (1,500) students for the precedi ng year which |
|---|
| 2225 | 2277 | | expends for administrative services in the 2005 -06 school year or |
|---|
| 2226 | 2278 | | any school year thereafter, less expenditures for l egal services, |
|---|
| 2255 | 2308 | | amount which exceeds the seven percent (7%) withheld the following |
|---|
| 2256 | 2309 | | year from the Foundation and Salary Incenti ve Aid for the school |
|---|
| 2257 | 2310 | | district. |
|---|
| 2258 | 2311 | | C. Any school district w ith an average daily attendance (ADA) |
|---|
| 2259 | 2312 | | of five hundred (500) or fewer students for the preceding year which |
|---|
| 2260 | 2313 | | expends for administrative services in the 2005 -06 school year or |
|---|
| 2261 | 2314 | | any school year thereafter , less expenditures for legal services, |
|---|
| 2262 | 2315 | | more than eight percent (8%) of the amount it expends for total |
|---|
| 2263 | 2316 | | expenditures, less ex penditures for legal services, sh all have the |
|---|
| 2264 | 2317 | | amount which exceeds the eight percent (8%) withheld the following |
|---|
| 2265 | 2318 | | year from the Foundation and Salary Incentive Aid for the school |
|---|
| 2266 | 2319 | | district. |
|---|
| 2267 | 2320 | | D. The provisions of this section shall apply to charter |
|---|
| 2268 | 2321 | | schools which contract with an educational management organization, |
|---|
| 2269 | 2322 | | as defined in Section 5 -200 of this title. The expenditure limits |
|---|
| 2270 | 2323 | | shall not exceed the percentages prescribed in subsections A, B , and |
|---|
| 2271 | 2324 | | C of this section, and the calculation of administrative servic es |
|---|
| 2272 | 2325 | | for charter schools which contract wit h an educational management |
|---|
| 2273 | 2326 | | organization shall be the combined amount of administrative s ervices |
|---|
| 2274 | 2327 | | expended by the charter school and the educationa l management |
|---|
| 2275 | 2328 | | organization. |
|---|
| 2305 | 2359 | | 2. The secretary/clerk for the board of educ ation; |
|---|
| 2306 | 2360 | | 3. Staff relations; |
|---|
| 2307 | 2361 | | 4. Negotiations staff; |
|---|
| 2308 | 2362 | | 5. Immediate staff of the superintendent, any elementary |
|---|
| 2309 | 2363 | | superintendent or any as sistant superintendent; |
|---|
| 2310 | 2364 | | 6. Any superintendent, elementary superintendent, or assistant |
|---|
| 2311 | 2365 | | superintendent; |
|---|
| 2312 | 2366 | | 7. Any employee of a school district employed as a director, |
|---|
| 2313 | 2367 | | coordinator, supervisor, or who has responsibility for |
|---|
| 2314 | 2368 | | administrative functions of a schoo l district; and |
|---|
| 2315 | 2369 | | 8. Any consultant hired by the school district ; and |
|---|
| 2316 | 2370 | | 9. Any costs for administrative services paid to an educational |
|---|
| 2317 | 2371 | | management organization as defined in Section 5-200 of this title. |
|---|
| 2318 | 2372 | | E. F. If an employee of a school district is employed in a |
|---|
| 2319 | 2373 | | position where part of the e mployee's time is spent as an |
|---|
| 2320 | 2374 | | administrator and part of the time is spen t in nonadministrative |
|---|
| 2321 | 2375 | | functions, the percentage of time spent as an admin istrator shall be |
|---|
| 2322 | 2376 | | included as administrative services. A superintendent who spends |
|---|
| 2323 | 2377 | | part of the time performing exempted nonadministrative services such |
|---|
| 2324 | 2378 | | as teaching in the classroom, serving as a principal, counselor, or |
|---|
| 2325 | 2379 | | library media specialist, can code up to forty percent (40%) of |
|---|
| 2355 | 2410 | | services even if part of th e time the superintendent is performing |
|---|
| 2356 | 2411 | | nonexempted nonadministrative service functions. The total amount |
|---|
| 2357 | 2412 | | received by a superintendent from the school district as salary, for |
|---|
| 2358 | 2413 | | the performance of administrative and nonexempted nonadministrative |
|---|
| 2359 | 2414 | | services, shall be recorded under the code for superintendent salary |
|---|
| 2360 | 2415 | | as provided for in t he Oklahoma Cost Accounting Syste m. |
|---|
| 2361 | 2416 | | F. G. Each school site within a school district shall take |
|---|
| 2362 | 2417 | | steps to ensure that the administrative costs for the school comply |
|---|
| 2363 | 2418 | | with the expenditure limits established for school districts in this |
|---|
| 2364 | 2419 | | section. |
|---|
| 2365 | 2420 | | G. H. Funds withheld pursuant to the provision s of this section |
|---|
| 2366 | 2421 | | shall be distributed through the State Aid formula to the di stricts |
|---|
| 2367 | 2422 | | not so penalized. |
|---|
| 2368 | 2423 | | H. I. For the 2003-04 and 2004-05 school year, school districts |
|---|
| 2369 | 2424 | | shall report to the State Department of Education the costs |
|---|
| 2370 | 2425 | | associated with administrat ive services for the school district as |
|---|
| 2371 | 2426 | | defined in subsection D E of this section. |
|---|
| 2372 | 2427 | | SECTION 11. This act shall become effective July 1, 2023. |
|---|
| 2373 | 2428 | | SECTION 12. It being immediately necessary for the preservation |
|---|
| 2374 | 2429 | | of the public peace, health or safety, an emergency is hereby |
|---|