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ENGROSSED HOUSE
BILL NO. 2414 By: Johns and Waldron of the
House
and
Pemberton of the Senate
An Act relating to schools; amending 70 O.S. 20 21,
Sections 3-135, 3-136, 3-137, and 3-142, which relate
to the Oklahoma Charter Schools Act; requiring
charter school to provide certain notice to sponsor;
directing sponsor to use performance framework for
charter school evaluation; authorizing development of
certain separate framework; adding minimum
requirements for framework; mandating annual
evaluation; directing presentation of results to
certain governing boards; defining term; subjecting
charter school to certain spending limitations;
prohibiting charter school from providing inst ruction
to certain students; directing charter school
governing board to comply with certain acts;
subjecting charter school sponsor governing board to
certain conflict of interest requirements; modifying
procedures for charter school contracts; requiring
sponsor to develop a corrective action plan;
authorizing nonrenewal of contract in certain cases;
specifying how sponsor fee should be used; requiring
sponsor to publish certain report on its website;
amending 70 O.S. 2021, Section 3-145.3, which relates
to duties of the Statewide Virtual Charter S chool
Board; requiring compliance with the Oklahoma Charter
Schools Act; modifying limitation on fee for
administrative expenses and supp ort; subjecting
certain charter schools to the same purchasing
procedures and compliance requirements as school
districts; prohibiting commingling of certain school
funds; modifying instruction and continuing education
obligations for certain governing bo ard members;
establishing requirements for governing boards which
contract with educational management organizations ;
prescribing duties for board membership; requiring
State Department of Education and sponsor to publish
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certain contracts on their websites ; directing
Department to publish list of fees paid; subjecting
certain board members to instruction and continuing
education requirements; prohibiting certain conflicts
of interest and pecuniary gain; disallowing certain
appointments or selections of memb ers; requiring
sponsor board members to complete instruction and
continuing education requirements; specifying entity
to pay for instruction and continuing education;
prescribing requirements for instruction and
continuing education; defining term; designa ting
certain funds as public funds; prohibiting transfer
or conversion of state funds to private funds;
clarifying provision; requiring payments from charter
schools to comply with certain provisions; directing
organization to provide certain documents; subjecting
certain funds to audit, transparency, oversight and
financial reporting; requiring certain funds to
remain public funds; prescribing grade for
participation in certain extracurricular or
educational activities; declaring certain property to
remain public property of the charter school;
mandating an operating agreement rev iew of certain
charter schools; establishin g procedures for review;
requiring written agreement for certain expenditures;
mandating criminal history record checks for certain
personnel; prescribing process and payment of checks;
prohibiting certain activit ies by educational
management organizations ; amending 70 O.S. 2021,
Section 5-200, which relates to educational
management organizations ; requiring amounts paid to
certain organizations be pursuant to contract terms;
mandating disclosure pursuant to certai n guidelines;
amending 70 O.S. 2021, Section 18-124, which relates
to limitations on administrative services
expenditures; providing app licability of limitation
to certain charter schools; clarifying calculation
for specified schools; modifying definition;
providing for codification; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -135, is
amended to read as foll ows:
Section 3-135. A. The sponsor of a charter school shall enter
into a written contract with the governing body board of the charter
school. The contract shall incorporate the provisions of the
charter of the charter school and contain, but shall not be limited
to, the following provisions:
1. A description of the program to be offered by the school
which complies with the purposes outlined in Section 3 -136 of this
title;
2. Admission policies and p rocedures;
3. Management and administration of the charter school,
including that a majority of the charter governing board members are
residents of the State of Oklahoma and meet no less than quarterly
in a public meeting within the boundaries of the sch ool district in
which the charter school is located or within the State of Oklahoma
in the instance of multi ple charter school locations by the same
sponsor;
4. Requirements and procedures for program and financial
audits;
5. A description of how the cha rter school will comply with the
charter requirements set forth in the Oklahoma Charter Schools Act;
6. Assumption of liability by the charter school;
7. The term of the contract;
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8. A description of the high standards of expectation and rigor
for charter school plans and assurance that charter school p lans
adopted meet at least those standards;
9. Policies that require that the charter school be as equally
free and open to all students as traditional public schools;
10. Procedures that require student s enrolled in the charter
school to be selected by lottery to ensure fairness if more students
apply than a school has the capacity to accommodate;
11. Policies that require the charter school to be subject to
the same academic standards and expectations as existing public
schools; and
12. A description of the requirements and procedures for the
charter school to receive funding in accordance with statutory
requirements and guidelines for existing public schools ; and
13. A requirement to promptly notify the sponsor in the
instance of any significant adverse actions, material findings of
noncompliance, or pendi ng actions, claims, or proceedings in this
state relating to the charter school or an education al management
organization with which the charter school has a contract .
B. A charter school shall not enter into an employment contract
with any teacher or oth er personnel until the charter school has a
contract with a sponsoring school district. The employment contract
shall set forth the personnel policies of the charter school,
including, but not limit ed to, policies related to certification,
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professional development evaluation, suspension, dismissal and
nonreemployment, sick leave, personal business leave, emergency
leave, and family and medical leave. The contract shall also
specifically set forth th e salary, hours, fringe benefits, and work
conditions. The contract may provide for employer-employee
bargaining, but the charter school shall not be required to comply
with the provisions of Sections 509.1 through 509.10 of this title.
The contract shall conform to all applicable provisions set forth in
Section 3-136 of this title.
Upon contracting with any teacher or other personnel, the
governing body board of the charter school shall, in writing,
disclose employment rights of the employees in the eve nt the charter
school closes or the charter is not renewed .
No charter school may begin serving students without a charter
contract executed in accordance with the provisions of the Oklahoma
Charter Schools Act and approved in an open meeting of the sponso r.
The sponsor may establish reasonable preopening requir ements or
conditions to monitor the start -up progress of newly approved
charter schools and ensure that each school is prepared to open
smoothly on the date agreed and to ensure that each school me ets all
building, health, safety, insurance and other lega l requirements for
the opening of a school.
C. The performance provisions within the charter contract shall
be based on a performance framework that clearly sets forth the
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academic and operational performance indicators, measures and
metrics that will guide the evaluations of the shall be used by
charter school sponsor s to evaluate their respective charter school
by the sponsor schools. The sponsor may develop a separate
performance framework to ev aluate a charter school that has been
designated by the St ate Department of Education to implement an
alternative education program throughout the charter school . The
sponsor shall require a charter school to submit the data required
in this section in the identical format that is required by the
State Department of Education of all public schools in order to
avoid duplicative administrative efforts or allow a charter school
to provide permission to the Department to share all required data
with the sponsor of the charter school. The performance framework
shall serve as the minimum requirement for charter school
performance evaluation and shall include, but not be limited to, the
following indicators, measures and metrics for, at a minimum :
1. Student academic proficiency;
2. Student academic growth;
3. Achievement gaps in both proficiency and growth between
major student subgroups;
4. Student attendance;
5. Recurrent enrollment from year to year as determined by the
methodology used for public scho ols in Oklahoma;
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6. In the case of high schools, graduation rates as determined
by the methodology used for public schools in Oklahoma;
7. In the case of high schools, postsecondary readin ess;
8. Financial performance and sustainability and compliance with
state and Internal Revenue Service financial reporting requirements;
and
9. Audit findings or deficiencies;
10. Accreditation and timely reporting; and
11. Governing board performance and stewardship, including
compliance with all applicable laws, r egulations and terms of the
charter contract.
The sponsor shall annually evaluate its charter schools according to
the performance framework. The results of the evaluation shall be
presented to the governing board of the charter school and the
governing board of the charter school sponsor in an open meeting and
posted on the website of the charter school.
D. The sponsor shall not request any metric or data from a
charter school that it does not produce or publish for all school
sites in the district or un der its sponsorship, unless the metric or
data is unique to a charter school.
E. A charter contract may provide for one or more schools by an
applicant to the extent approved by the sponsor and consistent with
applicable law. An applicant or the governin g board of an applicant
may hold one or more charter contract s. Each charter school that is
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part of a charter contract shall be separate and distinct from any
other charter school under the same charter contract. For the
purposes of this subsection, "separate and distinct" shall mean a
charter school governing board with oversight of more than one
charter school shall not combine accounting, budgeting,
recordkeeping, admissions, employment or policies and operational
decisions of the charter school s it oversees.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 3-136, is
amended to read as follows:
Section 3-136. A. A charter school shall adopt a charter which
will ensure compliance with the following:
1. A charter school shall compl y with all federal regulations
and state and local rules and statutes relating to health, safety,
civil rights and insurance. By January 1, 2000, the State
Department of Education shall prepare a list of relevant rules and
statutes which a charter school must comply with as required by this
paragraph and shall annu ally provide an update to the list;
2. A charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations.
A sponsor may not authorize a charter school or program that is
affiliated with a nonpublic sectarian school or religious
institution;
3. The charter school may provide a comprehensive program o f
instruction for a prekindergarten program, a kindergarten program or
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any grade between gr ades one and twelve. Instruction may be
provided to all pers ons between the ages of four (4) and twenty-one
(21) years of age. A charter school may offer a curricu lum which
emphasizes a specific learning philosophy or style or certain
subject areas such as mathematics, science, fine arts, performance
arts, or foreign language. The charter of a charter school which
offers grades nine through twelve shall specificall y address whether
the charter school will comply with the graduation requirements
established in Section 11-103.6 of this title. No charter school
shall be chartered for the purpose of offering a curriculum for deaf
or blind students that is the same or s imilar to the curriculum
being provided by or for educating deaf or blind students that are
being served by the Oklahoma School for the Blind or the Okl ahoma
School for the Deaf;
4. A charter school shall participate in the testing as
required by the Okla homa School Testing Program Act and the
reporting of test results as is required of a schoo l district. A
charter school shall also provide any necessar y data to the Office
of Accountability;
5. Except as otherwise provided for in the Oklahoma Charter
Schools Act and its charter, a charter school shall be exempt from
all statutes and rules rela ting to schools, boards of education, and
school districts;
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6. A charter school, to the extent possible, shall be subject
to the same reporting requirements, financ ial audits, audit
procedures, and audit requirements as a school district. The State
Department of Education or State Auditor and Inspector may conduct
financial, program, or compliance audits. A charter school shall
use the Oklahoma Cost Accounting Syst em to report financial
transactions to the sponsoring school district or sponsor. The
charter school shall be subject to the limitations on spending ,
including provisions of the Oklahoma Constitution , for any funds
received from the state, either through th e State Department of
Education or other sources ;
7. A charter school shall comply with al l federal and state
laws relating to the education of child ren with disabilities in the
same manner as a school district;
8. A charter school shall provide for a go verning body board
for the school which shall be responsible for the policies and
operational decisions of the charter school;
9. A charter school sh all not provide or otherwise supplement
instruction of students enrolled in private schools or be used as a
method of generating revenue for students who are being home
schooled and are not being e ducated at an organized charter school
site;
10. A charter school may shall not charge tuition or fees;
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11. A charter school shall provide instruction each yea r for at
least the number of days or hours required in Section 1 -109 of this
title;
12. A charter school shall comply with the student suspension
requirements provided for in Section 24-101.3 of this title;
13. A charter school shall be considered a school d istrict for
purposes of tort liability under The Governmental Tort Claims Act;
14. Employees of a charter school may participate as members of
the Teachers' Retirement System of Oklahoma in accordance with
applicable statutes and rules if otherwise allowe d pursuant to law;
15. A charter school may participate in all health and related
insurance programs available to the employees of the sponsor of the
charter school;
16. A charter school and charter school governing board shall
comply with the Oklahoma O pen Meeting Act and the Oklahoma Open
Records Act;
17. The governing body board of a charter school and the
governing board of a charter school spons or shall be subject to the
same conflict of interest requirements as a member of a local school
board; and
18. No later than September 1 of each year, the governing board
of each charter school fo rmed pursuant to the Oklahoma Charter
Schools Act shall pre pare a statement of actual income and
expenditures for the charter school for the fiscal year that ended
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on the preceding June 30, in a manner compliant with Section 5 -135
of this title. The state ment of expenditures shall include
functional categories as defined in rules adopted by the State Board
of Education to implement the Oklahoma Cost Accounting System
pursuant to Section 5 -145 of this title. Charter schools shall not
be permitted to submit estimates of expenditures or prorated amounts
to fulfill the requirements of this paragraph.
B. The charter of a charter school shall include a description
of the personnel policies, personnel qualifications, and method of
school governance, and the spec ific role and duties of the sponsor
of the charter school.
C. The charter of a charter school may be amended at the
request of the governing body board of the charter school and upon
the approval of the sponsor.
D. A charter school may enter into contrac ts and sue and be
sued.
E. The governing body board of a charter school may shall not
levy taxes or issue bonds.
F. The charter of a charter school shall include a provision
specifying the method or methods to be employed for disposing of
real and personal property acquired by the charter school upon
expiration or termination of the charter or failure of the charter
school to continue operations. Except as otherwis e provided, any
real or personal property purchased with state or local funds shall
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be retained by the sponsoring school district or sponsor of the
charter school. If a charter school that was previously sponsored
by the board of education of a school dis trict continues operation
within the school district under a new charter sponsored by an
entity authorized pursuant to Section 3 -132 of this title, th e
charter school may retain any personal property purchased with state
or local funds for use in the opera tion of the charter school until
termination of the new charter or failure of the charter s chool to
continue operations.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 3 -137, is
amended to read as follows:
Section 3-137. A. An The first approved contract for between a
charter school and its sponsor shall be effective for five (5) years
from the first day of operation. A charter contract may be renewed
for successive five-year terms of duration, although the sponsor may
vary the term based on the performance, demonstrated capacities and
particular circumstances of each ch arter school. A sponsor may
grant renewal with specific co nditions for necessary improvements to
a charter school.
B. Prior to the beginning of the fourth year of operation of a
charter school, the sponsor shall issue a ch arter school performance
report and charter renewal application guidance to the school and
the charter school governing board. The performance report shall
summarize the performance record to date of the charter school,
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based on the data required by the Oklahoma Ch arter Schools Act, the
annual performance framework evaluation, the operating agr eement
review if the charter school contracts with an educational
management organization, and the charter contract and taking into
consideration the percentage of at -risk students enrolled in the
school, and. The performance report shall provide notice o f any
weaknesses or, concerns, violations, or deficiencies perceived by
the sponsor concerning the charter school that may jeopardize its
position in seeking renewal if not tim ely rectified, and the charter
school sponsor shall develop a corrective action plan and
corresponding timeline to remedy any violations or deficiencies .
The charter school shall have forty -five (45) days to respond t o the
performance report and submit an y corrections or clarif ications for
the report. If the charter school does not substantially complete
the corrective action plan developed by the sponsor, the sponsor may
choose not to renew the charter contract pursuant to the
requirements of this section .
C. 1. Prior to the beginning of the fifth year of operation,
the charter school may apply for renewal of the contract with the
sponsor. The renewal application guidanc e shall, at a minimum,
provide an opportunity for the charter school to:
a. present additional e vidence, beyond the data contained
in the performance report, suppo rting its case for
charter renewal,
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b. describe improvements undertaken or planned for the
school, and
c. detail the plan for the next charter term for the
school.
2. The renewal applicati on guidance shall include or refer
explicitly to the criteria that will guide the renewal decisions of
the sponsor, which shall be based on the performance fram ework set
forth in the charter contract and consistent with the Oklahoma
Charter Schools Act.
D. The sponsor may deny the request for renewal if it
determines the charter school has failed to complete the obligations
of the contract or comply with the pro visions of the Oklahoma
Charter Schools Act. A sponsor shall give written notice of its
intent to deny the request for renewal at least eight (8) months
prior to expiration of the contract. In making charter renewal
decisions, a sponsor shall:
1. Ground decisions on evidence of the performance of the
school over the term of the charter contract in accordance with the
performance framework set forth in the charter contract and shall
take into consideration the percentage of at -risk students enrolled
in the school;
2. Grant renewal to schools that have achieved the standards,
targets and performance expectations as stated in the charter
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contract and are organizatio nally and fiscally viable and have been
faithful to the terms of the contract and applicable law;
3. Ensure that data used in making renewal decisions are
available to the school and the p ublic; and
4. Provide a public report summarizing the evidence use d as the
basis for each decision.
E. If a sponsor denies a request for renewal, the governin g
board of the sponsor may, if requested by the charter school,
proceed to binding arbitration a s provided for in subsection G of
Section 3-134 of this title.
F. A sponsor may terminate a contract during the term of the
contract for failure to meet the re quirements for student
performance contained in the contract and performance framework,
failure to meet the standards of fiscal management, violations of
the law or other good cause. The sponsor shall give at least ninety
(90) days' written notice to the governing board prior to
terminating the contract. The governing board may request, in
writing, an informal hearing before the sponsor within fourteen (14)
days of receiving notice. The sponsor shall conduct an informal
hearing before taking action. If a sponsor decides to termi nate a
contract, the governing board may, if requested by the charter
school, proceed to binding arbitration as provided for in subsectio n
G of Section 3-134 of this title.
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G. 1. Beginning in the 2016 -2017 school year, the State Board
of Education shall identify charter schools in the state that are
ranked in the bottom fi ve percent (5%) of all public schools as
determined pursuant to Sec tion 1210.545 of this title.
2. At the time of its charter renewal, based on an average of
the current year and the tw o (2) prior operating years, a sponsor
may close a charter school site identified as being among the bottom
five percent (5%) of public s chools in the state. The average of
the current year and two (2) prior operating years shall be
calculated by using th e percentage ranking for each year divided by
three, as determined by this subsection.
3. If there is a change to the calculation descri bed in Section
1210.545 of this title that results in a charter school site that
was not ranked in the bottom five perc ent (5%) being ranked in the
bottom five percent (5%), then the sponso r shall use the higher of
the two rankings to calculate the ranking of the charter school
site.
4. In the event that a sponsor fails to close a charter school
site consistent with this subsection, the sponsor shall appear
before the State Board of Educati on to provide support for its
decision. The State Board of Educati on may, by majority vote,
uphold or overturn the decision of the sponsor. If the decision of
the sponsor is overturned by the State Board of Education, the Board
may implement one of the f ollowing actions:
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a. transfer the sponsorship of the charter school
identified in this paragraph to another sponsor,
b. order the closure of the charter school identified in
this paragraph at the end of the current school year,
or
c. order the reduction of any administrative fee
collected by the sponsor that is applicable to the
charter school identified in this paragraph. The
reduction shall become effective at the beginning of
the month following the month the hearing of the
sponsor is held by the State Board of Education.
5. A charter school that is closed by the Stat e Board of
Education pursuant to paragraph 4 of this subsection shall not be
granted a charter by any other sponsor.
6. The requirements of this subsection shall not apply to a
charter school that has been designated by the State Department of
Education as implementing an alternative education program
throughout the charter school.
7. In making a school site closure deci sion, the State Board of
Education shall consider the following:
a. enrollment of students with special challenges such as
drug or alcohol addiction, prior withdrawal from
school, prior incarceration or other special
circumstances,
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b. high mobility of the student population resulting from
the specific purpose of the charter school,
c. annual improvement in the performance of students
enrolled in the charter school compared with the
performance of students enrolled in the charter school
in the immediately pr eceding school year, and
d. whether a majority of students attending t he charter
school under consideration for closure would likely
revert to attending public schools with lower academic
achievement, as demonstrated pursuant to Section
1210.545 of this title.
8. If the State Board of Education has closed or transferred
authorization of at least twenty-five percent (25%) of the charter
schools chartered by one sponsor pursuant to paragraph 4 of this
subsection, the authority of the sponsor to authorize new charter
schools may be suspended by the Board until the Board approve s the
sponsor to authorize new charter schools. A determination un der
this paragraph to suspend the authority of a sponsor to authorize
new charter schools shall identify the deficienci es that, if
corrected, will result in the approval of the sponsor to a uthorize
new charter schools.
H. If a sponsor terminates a contrac t or the charter school is
closed, the closure shall be conducted in accordance with the
following protocol:
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1. Within two (2) calendar weeks of a final closure
determination, the sponsor shall meet with the governing board and
leadership of the charter s chool to establish a transition team
composed of school staff, applicant staff and others designated by
the applicant that will attend to the closure, including the
transfer of students, st udent records and school funds;
2. The sponsor and transition team shall communicate regularly
and effectively with families of students enrolled in the charter
school, as well as with school staff and other stakeholders, to keep
them apprised of key info rmation regarding the closure of the school
and their options and r isks;
3. The sponsor and transition team shall ensure that current
instruction of students enrolled in the charter sch ool continues per
the charter agreement for the remainder of the schoo l year;
4. The sponsor and transition team shall ensure that all
necessary and prudent notifications are issued to agencies,
employees, insurers, contractors, creditors, debtors and man agement
organizations; and
5. The governing board of the charter scho ol shall continue to
meet as necessary to take actions needed to wi nd down school
operations, manage school finances, allocate resources and
facilitate all aspects of closure.
I. A sponsor shall develop revocation and nonrenewal processes
that are consistent with the Oklahoma Charter Schools Act and that:
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1. Provide the charter school with a timely notification of the
prospect of revocation or nonrenewal and of the reasons for possible
closure;
2. Allow the charter school a reasonable amount of time in
which to prepare a response;
3. Provide the charter school with an opportunity to submit
documents and give testimony in a public hearing challenging the
rationale for closure and in sup port of the continuation of the
school at an orderly proceeding held f or that purpose and prior to
taking any final nonrenewal or revocat ion decision related to the
school;
4. Allow the charter school access to representation by counsel
to call witnesses on its behalf;
5. Permit the recording of the proceedings; and
6. After a reasonable period for deliberation, require a final
determination be made and conveyed in writing to the charter school.
J. If a sponsor revokes or does not renew a charter, the
sponsor shall clearly state in a resolution the reasons for the
revocation or nonrenewal.
K. 1. Before a sponsor may issue a charter to a charter school
governing body board that has had its charter terminated or has been
informed that its charter will not be r enewed by the current
sponsor, the sponsor shall request to have the proposal reviewed by
the State Board of Education at a hearing . The State Board of
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Education shall conduct a hearing in which the sponsor shall present
information indicating that the pr oposal of the organizer is
substantively different in the areas of deficiency identified by the
current sponsor from the current pr oposal as set forth within the
charter with its current sponsor.
2. After the State Board of Education conducts a hearing
pursuant to this subsection, the Board shall either approve or den y
the proposal.
3. If the proposal is denied, no sponsor may issue a charter to
the charter school governing body board.
L. If a contract is not renewed, the governing board of the
charter school may submit an application to a proposed new sponsor
as provided for in Section 3-134 of this title.
M. If a contract is not renewed or is terminated according to
this section, a student who attended the charter school may enroll
in the resident school dis trict of the student or may apply for a
transfer in accordance with Section 8-103 of this title.
SECTION 4. AMENDATORY 70 O.S. 2021, Section 3-142, is
amended to read as follows:
Section 3-142. A. The student membership and attendance of the
charter school shall be considered separate from the student
membership and attendance of the sponsor for the purpose of
calculating enrollment and funding including weighted average daily
membership pursuant to Section 18 -201.1 of this title and State Aid
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pursuant to Section 18-200.1 of this title. A charter school shall
receive the State Aid allocation, federal funds to which it is
eligible and qualifies for and any other state-appropriated revenue
generated by its stu dents for the applicable year. Not more than
three percent (3%) of the State Aid allocation may be charged by the
sponsor as a fee for administrat ive services rendered. For purposes
of this section, the fee for administrative services shall be used
by the sponsor to provide oversight and services to the charter
schools it sponsors. A charter school sponsor shall publish a
detailed report on its we bsite listing expenses related to oversight
and services provided by the sponsor to its charter schools. The
State Board of Education shall determine the policy and procedure
for making payments to a charter school. The fee for administrative
services as authorized in this subsection shall only be assessed on
the State Aid allocation amount and shall not be assessed on any
other appropriated amounts. A sponsor of a charter sc hool shall not
charge any additional State Aid allocation or charge the charter
school any additional fee above the amounts allowed by this
subsection unless the additional fees are for additional services
rendered. The charter school sponsor shall provide to the State
Department of Education financial records documenting any state
funds charged by the sponsor for administrative services rendered
for the previous year.
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B. 1. The weighted average daily membership for the first year
of operation of a charter school shall be dete rmined initially by
multiplying the actual enrollment of students as of August 1 by
1.333. The charter school shall receive revenue equal to that which
would be generated by the estimated weighted average daily
membership calculated pursuant to this parag raph. At midyear, the
allocation for the charter scho ol shall be adjusted using the first
quarter weighted average daily membership for the charter school
calculated pursuant to subsection A of this section.
2. For the purpose of calculating weighted ave rage daily
membership pursuant to Section 18 -201.1 of this title and State Aid
pursuant to Section 18 -200.1 of this title, the weighted average
daily membership for the first year of operation of a full-time
statewide virtual charter school sponsored by the Statewide Virtual
Charter School Board shall be determined by multiplying the actual
enrollment of students as of August 1 by 1.333. The full -time
virtual charter school shall receive revenue equal to that which
would be generated by the estimated weigh ted average daily
membership calculated pursuant to this paragraph. At midyear, the
allocation for the full-time statewide virtual charter school shall
be adjusted using the first quarter weighted average daily
membership for the virtual charter school ca lculated pursuant to
subsection A of this section.
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C. Except as explicitly authorized by state law, a charter
school shall not be eligib le to receive state-dedicated, local or
county revenue; provided, a charter school may be eligible to
receive any other aid, grants or revenues allowed to other schools.
A charter school shall be considered a local education agency for
purposes of funding.
D. Any unexpended funds received by a charter school may be
reserved and used for future purposes. The governing body board of
a charter school shall not levy taxes or issu e bonds. If otherwise
allowed by law, the governing body board of a charter school may
enter into private cont racts for the purposes of borrowing mo ney
from lenders. If the governing body board of the charter school
borrows money, the charter school shal l be solely responsible for
repaying the debt, and the state or the sponsor shall not in any way
be responsible or ob ligated to repay the debt.
E. Any charter school which chooses to lease property shall be
eligible to receive current government lease rat es.
F. Except as otherwise provided in this subsection, each
charter school shall pa y to the Charter School Closure Reimbursement
Revolving Fund created i n subsection G of this section an amount
equal to Five Dollars ($5.00) per student based on average d aily
membership, as defined by paragraph 2 of Section 18-107 of this
title, during the first nine (9) weeks of the sc hool year. Each
charter school shall complete the payment every school year within
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thirty (30) days after the first nine (9) weeks of the school year.
If the Charter School Closure Reimbursement Revolving Fund has a
balance of One Million Dollars ($1,000 ,000.00) or more on July 1, no
payment shall be required the following school year.
G. There is hereby created in the State Treasury a rev olving
fund for the State Department of Education to be designated the
"Charter School Closure Reimbursement Revolvin g Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Stat e Department of
Education from charter schools as provided in subsection F of this
section. All monies accruing to t he credit of said fund are hereby
appropriated and may be budgeted and expended by the State
Department of Education for the purpose of rei mbursing charter
school sponsors for costs incurred due to the closure of a charter
school. Expenditures from said f und shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director of the Office of Management and Enterprise
Services for approval and payment. The State Department of
Education may promulgate rules regarding sponsor eligibility for
reimbursement.
SECTION 5. AMENDATORY 70 O.S. 2021, Section 3-145.3, is
amended to read as follows:
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Section 3-145.3 A. Subject to the requirements of the Oklahoma
Charter Schools Act, the Statewide Virtual Charter School Board
shall:
1. Provide oversight of the operations of statewide virtual
charter schools in this state ;
2. Establish a procedure for accepting, approving and
disapproving statewide virtual charter school applications and a
process for renewal or revocation of approved charter school
contracts which minimally meet the procedures set forth in the
Oklahoma Charter Schools Act;
3. Make publicly available a list of supplemental online
courses which have been reviewed and certified by the Statewide
Virtual Charter School Board to ensure that the courses are high
quality options and are aligned with the subject matter standards
adopted by the State Board of Education pursuant to Section 11-103.6
of this title. The Statewide Virtual Charter School Board shall
give special emphasis on listing supplemental online cours es in
science, technology, engineering and math (STEM), foreign language
and advanced placement courses. School districts shall not be
limited to selecting supplemental online courses that have been
reviewed and certified by the Statewide Virtual Charter School Board
and listed as provided for in this paragraph; and
4. In conjunction with the Office of Management and Enterprise
Services, negotiate and enter into contracts with supplemental
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online course providers to offer a state rate price to school
districts for supplemental online courses that have been reviewed
and certified by the Statewide Virtual Charter School Board and
listed as provided for in paragraph 3 of this subsection.
B. Except as otherwise provided by law, each sta tewide virtual
charter school which has been approved and sponsored by the Board
shall be subject to and comply with the requirements of the Oklahoma
Charter Schools Act. Each statewide virtual charter school which
has been approved and sponsored by the Board or any virtual cha rter
school for which the Board has assumed sponsorship of as provided
for in Section 3-145.5 of this title shall be considered a statewide
virtual charter school and , except as provided in subsection H of
this section, the geographic boundaries of each st atewide virtual
charter school shall be the borders of the state.
C. Each statewide virtual charter school approved by the
Statewide Virtual Charter School Board shall be eligible to receive
federal funds generated by students enrolled in the charter scho ol
for the applicable year. Each statewide virtual charter school
shall be considered a separate local education agency for purposes
of reporting and accountability.
D. As calculated as provided for in Section 3 -142 of this
title, a statewide virtual cha rter school shall receive the State
Aid allocation and any other state-appropriated revenue generated by
students enrolled in the virtual charter school for the applicable
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year, less up to five percent (5%) three percent (3%) of the State
Aid allocation, which may be retained by the Statewide Virtual
Charter School Board for administrative expenses and to support the
mission of the Board. A statewide virtual charter school shall be
eligible for any other funding any other charter school is eligible
for as provided for in Section 3-142 of this title. Each statewide
virtual charter school shall be considered a separate local
education agency for purposes of reporting and accountability.
E. A virtual charter school or a charter school which contracts
with an educational management organization shall be subject to the
same reporting requirements, financial audits, audit procedures and
audit requirements as a school district and the compliance
requirements provided in Section 3 -136 of this title. The State
Department of Education or State Auditor and Inspector may c onduct
financial, program or compliance audits. A virtual charter school
or a charter school which contracts with an educational management
organization shall use the Oklahoma Cost Accounting System (OCAS) to
report financial transactions to the State Department of Education.
An educational management organization , as defined in Section 5 -200
of this title, which contracts with more than one school district
shall not commingle funds of the schools.
F. A virtual charter school governing body board shall be
responsible for the policies that govern the operational decisions
of the virtual charter school. The governing body board of a
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virtual charter school shall be subject to the same conflict of
interest requirements as a member of a local school board inc luding,
but not limited to, Sections 5-113 and 5-124 of this title. Members
appointed to the governing body board of a virtual charter schoo l
after July 1, 2019, shall be subject to the same instruction and
continuing education requirements as a member of a local school
board and pursuant to Section 5 -110 of this title, complete twelve
(12) hours of instruction within fifteen (15) months of ap pointment
to the governing body board, and pursuant to Section 5-110.1 of this
title, attend continuing education. The instruction and continuing
education shall include a minimum of two (2) hours of instruction
and continuing education by the State Auditor and Inspector or an
entity approved by the State Audito r and Inspector. Members
appointed to the governing boar d of a virtual charter school prior
to July 1, 2019, shall comply with the requirements of this
subsection and, within fifteen (15) months of the effective date of
this act, shall complete twelve (12 ) hours of instruction pursuant
to Section 5-110 of this title.
G. Students enrolled full-time in a statewide virtual charter
school sponsored by the Statewide Virtual Charter School Board shall
not be authorized to participate in any activities administered by
the Oklahoma Secondary Schools Activities Association. However, the
students may participate in intramural activities sponsored by a
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statewide virtual charter school, an online provider for the charter
school or any other outside organization.
H. 1. Beginning with the 2021-2022 school year, a public
school student who wishes to enroll in a virtual charter school
shall be considered a transfer student from their resident school
district. A virtual charter school shall pre-enroll any public
school student whose parent expresses intent to enroll in the
district. Upon pre-enrollment, the State Department of Education
shall initiate a transfer on a form to be completed by the receiving
virtual charter school. Upon approval of the receiving virtual
charter school, the student may begin instructional activit ies.
Upon notice that a public school student has transferred to a
virtual charter school, the resident school district shall transmit
the student's records within three (3) school days.
2. The State Department of Education shall notify the
Legislature and Governor if it determines that the information
technology infrastructure necessary to process the transfer of
students to a virtual chart er school is inadequate and one (1)
additional school year is needed for implementation.
3. A public school student may transfer to one statewide
virtual charter school at any time during a school year. For
purposes of this subsection , "school year" shall mean July 1 through
the following June 30. After one st atewide virtual charter school
transfer during a school ye ar, no public school student shall be
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permitted to transfer to any other statewide virtual charter school
without the concurrence of both th e resident school district and the
receiving virtual chart er school. A student shall have a grace
period of fifteen (15) school days from the first day of enrollment
in a statewide virtual charter school to withdraw without academic
penalty and shall cont inue to have the option of one virtual charter
school transfer without the concurrence of both districts during
that same school year. A statewide virtual charter school student
that has utilized the allowable one transfer pursuant to this
subsection shall not be permitted to transfer to another district or
other statewide virtual charter school without first notifying his
or her resident district and initiating a new transfer. Upon
cancellation of a transfer the virtual charter school shall transmit
the student's records to the student's new school district wit hin
three (3) school days. Students enrolled in a statewi de virtual
charter school shall not be required to submit a virtual charter
transfer for consecutive years of enrollment. Any student enrol led
in a statewide virtual charter school the year prior t o the
implementation of this section shall not be required to submit a
transfer in order to remain enrolled.
4. For purposes of this subsection, "parent" shall mean the
parent of the student or per son having custody of the student as
provided for in parag raph 1 of subsection A of Section 1-113 of this
title.
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I. 1. A student shall be eligible to enroll in a statewide
virtual charter school if he or she is a student whose parent or
legal guardian is transferred or is pending transfer to a military
installation within this state while on active military duty
pursuant to an official military order.
2. A statewide virtual charter school shall accept applications
by electronic means for enrollment and c ourse registration for
students described in paragraph 1 of this subsection.
3. The parent or legal guardian of a s tudent described in
paragraph 1 of this subsection shall provide proof of residence in
this state within ten (10) days after the published a rrival date
provided on official documentation. A parent or legal guardian may
use the following addresses as proof of residence:
a. a temporary on-base billeting facility,
b. a purchased or leased home or apartment, or
c. federal government or p ublic-private venture off-base
military housing.
4. The provisions of paragraph 3 of subsection H of this
section shall apply to students described in paragraph 1 of this
subsection.
5. For purposes of this subsection:
a. "active military duty" means full-time military duty
status in the active uniformed service of the United
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States including members of the National Guard and
Military Reserve on active duty orders, and
b. "military installation " means a base, camp, post,
station, yard, center, homeport facility for any ship
or other installation under the jurisdiction of the
Department of Defense or the United States Coast
Guard.
J. A virtual charter school shall not accept or deny a transfer
based on ethnicity, national origin, gender, income level, disabling
condition, proficiency in the English language, measure of
achievement, aptitude or athletic ability.
K. The decision of the Statewide Virtual Charter School Board
to deny, nonrenew not renew, or terminate the charter contract of a
statewide virtual charter school may be appealed t o the State Board
of Education within thirty (30) days of the decision by the
Statewide Virtual Charter School Board. The State Board of
Education shall act on the appeal within sixty (60) days of receipt
of the request from the statewide virtual charter school applicant.
The State Board of Education may reverse the decision of the
Statewide Virtual Charter School Board or may remand the matter back
to the Statewide Virtual Charter School Board for further proceeding
as directed.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 3-145.9 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Beginning with the 202 3-2024 school year, any governing
board of a charter school which contracts with an educational
management organization as defined in Section 5-200 of Title 70 of
the Oklahoma Statutes shall:
1. Consist of a minimum of five (5 ) members, including one
member who shall be a parent, grandparent, legal guardian or
learning coach of a stu dent who attends the charter school. As used
in this paragraph, "learning coach" means a designated person who
has the primary responsibility of b eing actively involved in all
school-related work and activities of a student. The bylaws of the
charter school shall set specific terms of service for charter
school governing board members;
2. Meet at least one time per month;
3. Adopt a charter which shall ensure compliance with the same
requirements and guidelines as provided in Section 3 -136 of Title 70
of the Oklahoma Statutes;
4. Appoint a board clerk, m inute clerk and encumbrance clerk as
provided in Section 5 -119 of Title 70 of the Oklahoma Sta tutes and a
treasurer as provided in Section 5 -114 of Title 70 of the Oklahoma
Statutes. Upon appointment, t he board clerk, minute clerk,
encumbrance clerk and t reasurer shall attend and complete at least
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eight (8) hours of instruction offered by the Offi ce of the State
Auditor and Inspector or other organization s or associations
representing school administrators or district boards of education
in this state as approved by the State Auditor and Inspector. Each
year the encumbrance clerk and treasurer sha ll complete at least
three (3) hours of continuing education offered by the Office of the
State Auditor and Inspector or other organizations or associations
representing school administrators or district boards of education
in this state as approved by the State Auditor and Inspector . If
the board clerk, minute clerk, encumbrance clerk or treasurer is
also a member of the charter school governing board, his or her
completed instruction and continuing education requirements in this
paragraph shall count t oward the board instruction and continuing
education requirements provided in subsection F of Section 3 -145.3
of Title 70 of the Oklahoma Statutes; and
5. Submit to the State Department of Education copies of any
contract executed between the charter scho ol governing board or
charter school sponsor governing board and an educational management
organization. The Department and the sponsor shall publish the
contracts on their websites and the Department shall publish a list
of all the management fees paid b y charter schools or charter school
sponsors to educational management organizations.
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B. Beginning with the 2023-2024 school year, members of a
charter school governing board which contracts with an educational
management organization shall:
1. Be subject to the instruction and continuing education
requirements as provided in subsection F of Section 3-145.3 of Title
70 of the Oklahoma Statutes;
2. Be subject to the same conflict of interest requirements as
a member of a local school board including, but not limited to,
Sections 5-113 and 5-124 of Title 70 of the Oklahoma Statutes. No
member shall receive pecun iary gain, incidentally or otherwise, from
the earnings of the educational management organization or school;
and
3. Not be appointed or selected by any person affiliated with
the educational management organization.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-145.10 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Beginning with the 202 3-2024 school year, members of a
charter school sponsor governing board that sponsors a charter
school which contracts with an educational management organization
shall complete instruction and continuing education.
1. The instruction and continuing education shall be provided
in accordance with Sections 5-110 and 5-110.1 of Title 70 of the
Oklahoma Statutes and shall include a minimum of two (2) hours of
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instruction and continuing education by the Office of the State
Auditor and Inspector or an entity approved by the State Auditor and
Inspector.
2. The governing board of a charter school sponsor shall pay
for the costs of ins truction and continuing education for its board
members.
3. Each member shall complete at least twelve (12) hours of
instruction within the first year of his or her appointment or
within fifteen (15) months after the effective date of this act.
4. After completing the initial twelve (12) hours of
instruction provided in paragraph 3 of this sub section, each member
shall annually complete at least three (3) hours of continuing
education.
B. As used in this section, "educational management
organization" shall have the same meaning as in Section 5-200 of
Title 70 of the Oklahoma Statutes.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-145.11 of Title 70, unless
there is created a duplicatio n in numbering, reads as follows:
A. 1. State funds appropriated to any charter school whi ch
contracts with an educat ional management organization as defined in
Section 5-200 of Title 70 of the Okl ahoma Statutes, including the
State Aid allocation and an y other state-appropriated revenue
pursuant to Section 3-142 of Title 70 of the Oklahoma Sta tutes,
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shall remain public funds maintained in public accounts subject to
audit, transparency, oversight an d financial reporting and shall not
be transferred or con verted in any way to private funds except for
funds which are paid for charter school expens es and funds which are
paid to the educational management organization from the charter
school pursuant to the terms of the contract and in accordance with
state law and Internal Revenue Service requirements. If there is
any question or potential discrepancy regarding use of funds paid to
the educational management organization by the State Department of
Education, charter school governing board, or charter school
sponsor, the educational management organization shall provide
invoices and financial document ation to the requesting ent ity
proving the educational management organization is following the
terms of the contract and is in compliance with the law .
2. Any state funds which are designated as student learning
funds are appropriated for the benefit of the student, including
extracurricular and educational activity funds, and shall remain
public funds maintained in public accounts subject to audit,
transparency, oversight and financial reporting and expended in
accordance with purchasing requirements pro vided in Section 5-135 of
Title 70 of the Oklahoma Statutes. Students shall receive a grade
for participation in extracurricular or educational activities as
described in this subsection.
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3. Any property purchased with public funds pursuant to this
section may be assigned to emplo yees or students of the charter
school for charter school employment or extracurricular or
educational purposes, but shall remain public property of the
charter school.
B. In the third year of the charter school contract term, the
State Auditor and Inspecto r or an auditor selected from a list of
auditors approved and maintained by t he State Auditor and Inspector
shall conduct an operating agreement review of each charter school
which contracts with an educational management organiz ation to
verify that the charter school and the educational management
organization are following the te rms of the contract and complying
with state law and Internal Revenue Service requirements. The
auditor may request additional documentation from the c harter school
or educational management organization to address any question or
potential discrepancy. The charter school sponsor shall pay for the
expenses related to the review, oversee the review and provide a
full report of the review to the governing boards of the charter
school and the charter school sponsor.
C. Every provider or entity that contract s with a charter
school for expenditure of state funds pu rsuant to paragraph 2 of
subsection A of this section shall:
1. Have an agreement in writing with the charter school which
clearly states the goods or services being provided by the provider
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or entity pursuant to the contract and the costs thereof and that
such goods, services and employees of the provider or entity comply
with federal and state la ws; and
2. Have on file with the State Department of Education a
current Oklahoma criminal history reco rd check from the Oklahoma
State Bureau of Investigation or equivalent criminal history record
check from another state as well as a national criminal h istory
record check as defi ned in Section 150.9 of Title 74 of the Oklahoma
Statutes for every owner and employee of the provider or entity who
will have contact with students pursuant to the contract. Upon
receipt of the Oklahoma criminal history record check or equivalent
criminal history record check from another state, the provider or
entity may begin extracurricular or educational activities until
receipt of the national criminal history record check. The provider
or entity shall be responsible for t he cost of the criminal his tory
record checks. Results of the check s shall be included as a
requirement of the contract and reported to the governing board of
the charter school.
D. An educational management organization shall not:
1. Manage or control the governing board of a ch arter school,
including, but not limited to, setting meeting agendas, adoptin g
charter school policies or making budget decisions on behalf of the
charter school;
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2. Employ a charter school superintendent who is also an owner
of the educational management organization, unless the ownership
stake held by the superintendent is less than ten percent (10%);
3. Employ legal counsel who also represents the charter school
or charter school governing board which has an agreement with the
educational management organiz ation; and
4. Request public employees , including, but not limited to,
teachers and other charter school employees , to complete tasks or
perform duties that the educational management organization has been
contracted to fulfill .
SECTION 9. AMENDATORY 70 O.S. 2021 , Section 5-200, is
amended to read as follows:
Section 5-200. A. As used in this section, "educational
management organization" means a for-profit or nonprofit
organization that receives public funds to provide administr ation
and management services for a charter school, statewide virtual
charter school or traditional public school.
B. A charter school that contracts with an educational
management organizati on shall use the Oklahoma Cost Accoun ting
System (OCAS) to repor t the total amount paid to an educational
management organization pursuant to the terms of the contract as
well as actual itemized expenditure information for the goods or
services provided by the management organization as defin ed by OCAS
expenditure codes, including the total compensation package of the
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superintendent inclu ding the base salary, insurance, retirement and
other fringe benefits.
C. Any Pursuant to Internal Revenue Service guidelines, any
owner of an educational ma nagement organization shall be required to
disclose to the governing board of the school in a publ ic meeting
any ownership position in any business that co ntracts or proposes to
contract with the same public school that the educational management
organization is managing.
D. Whenever any person shall enter into a c ontract with any
school district or p ublic charter school in the state to teach in
such school district or public charter school the contract shall be
binding on the teacher and on the board of e ducation until the
teacher legally has been discharged from t he teaching position or
released by the board of education from the contract. Except as
provided in Section 5-106A of Title 70 of the Oklahoma Statutes this
title, until such teacher has been th us discharged or released, the
teacher shall not have authority to enter into a contract with any
other board of education in Oklahoma for the same time co vered by
the original contract. If upon written complaint by the board of
education in a district an y teacher is reported to ha ve failed to
obey the terms of the contract p reviously made and to have entered
into a contract with another board of education, including a public
charter school board of education, without having been released from
the former contract except as provided in Section 5-106A of Title 70
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of the Oklahoma Statutes this title, the teacher, upon being found
to be employed full-time for another public school, including a
public charter school in the state, at a hearing held before the
State Board of Education, shal l have such teacher's certificate
suspended for the rema inder of the term for which the contract was
made.
SECTION 10. AMENDATORY 70 O.S. 2021, Section 18 -124, is
amended to read as follows:
Section 18-124. A. Any school district with an average daily
attendance (ADA) of more than one thousand five hundred (1,500)
students for the preceding year which exp ends for administrative
services in the 2005 -06 school year or any s chool year thereafter,
less expenditures for legal services, more than five percent (5%) of
the amount it expends for total expendi tures, less expenditures for
legal services, shall have t he amount which exceeds the five percent
(5%) withheld the following year from the Foundation and Sal ary
Incentive Aid for the school district.
B. Any school district with an average daily attendanc e (ADA)
of more than five hundred (500) students but not more than one
thousand five hundred (1,500) students for the precedi ng year which
expends for administrative services in the 2005 -06 school year or
any school year thereafter, less expenditures for l egal services,
more than seven percent (7%) of the amount it expends for total
expenditures, less expenditures for legal serv ices, shall have the
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amount which exceeds the seven percent (7%) withheld the following
year from the Foundation and Salary Incenti ve Aid for the school
district.
C. Any school district w ith an average daily attendance (ADA)
of five hundred (500) or fewer students for the preceding year which
expends for administrative services in the 2005 -06 school year or
any school year thereafter , less expenditures for legal services,
more than eight percent (8%) of the amount it expends for total
expenditures, less ex penditures for legal services, sh all have the
amount which exceeds the eight percent (8%) withheld the following
year from the Foundation and Salary Incentive Aid for the school
district.
D. The provisions of this section shall apply to charter
schools which contract with an educational management organization,
as defined in Section 5 -200 of this title. The expenditure limits
shall not exceed the percentages prescribed in subsections A, B , and
C of this section, and the calculation of administrative servic es
for charter schools which contract wit h an educational management
organization shall be the combined amount of administrative s ervices
expended by the charter school and the educationa l management
organization.
E. For purposes of this section, "administrative services"
means costs associated with:
1. Staff for the board of education;
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2. The secretary/clerk for the board of educ ation;
3. Staff relations;
4. Negotiations staff;
5. Immediate staff of the superintendent, any elementary
superintendent or any as sistant superintendent;
6. Any superintendent, elementary superintendent, or assistant
superintendent;
7. Any employee of a school district employed as a director,
coordinator, supervisor, or who has responsibility for
administrative functions of a schoo l district; and
8. Any consultant hired by the school district ; and
9. Any costs for administrative services paid to an educational
management organization as defined in Section 5-200 of this title.
E. F. If an employee of a school district is employed in a
position where part of the e mployee's time is spent as an
administrator and part of the time is spen t in nonadministrative
functions, the percentage of time spent as an admin istrator shall be
included as administrative services. A superintendent who spends
part of the time performing exempted nonadministrative services such
as teaching in the classroom, serving as a principal, counselor, or
library media specialist, can code up to forty percent (40%) of
their salary to other nonadministrative function s. The total amount
of time a superintendent of a school district spends performing
services for a schoo l district shall be included as administrative
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services even if part of th e time the superintendent is performing
nonexempted nonadministrative service functions. The total amount
received by a superintendent from the school district as salary, for
the performance of administrative and nonexempted nonadministrative
services, shall be recorded under the code for superintendent salary
as provided for in t he Oklahoma Cost Accounting Syste m.
F. G. Each school site within a school district shall take
steps to ensure that the administrative costs for the school comply
with the expenditure limits established for school districts in this
section.
G. H. Funds withheld pursuant to the provision s of this section
shall be distributed through the State Aid formula to the di stricts
not so penalized.
H. I. For the 2003-04 and 2004-05 school year, school districts
shall report to the State Department of Education the costs
associated with administrat ive services for the school district as
defined in subsection D E of this section.
SECTION 11. This act shall become effective July 1, 2023.
SECTION 12. It being immediately necessary 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 and approval.
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Passed the House of Representatives the 21st day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate