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Oklahoma House Bill HB2076

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2076 Compare Versions

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2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 59th Legislature ( 2023)
3131
3232 HOUSE BILL 2076 By: Caldwell (Chad)
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3838 AS INTRODUCED
3939
4040 An Act relating to charter schools; creating the
4141 Statewide Charter School Board; providing authority
4242 of board beginning on certa in date; providing for
4343 membership; requiring initial appointments by certain
4444 date; providing terms of members; providing for
4545 annual election of chair and vice-chair; allowing a
4646 member to be removed for certain reasons; providing
4747 for filling of vacancies; prohibiting certain
4848 legislators from serving as members; providing for
4949 travel reimbursement; requiring first mee ting of
5050 Board to be held by certain date; providing for
5151 frequency of meetings; specifying quorum
5252 requirements; requiring virtual charter schools to
5353 only be sponsored by the Statewide Charter School
5454 Board beginning on certain date; abolishing the
5555 Statewide Virtual Charter School Board upon certain
5656 date; providing for succession to certain rights,
5757 responsibilities, and agreements executed prior to
5858 certain date; providing for transfer of powers,
5959 duties, personnel, property, and other items ;
6060 directing the Director of the Office of Management
6161 and Enterprise Services to co ordinate certain
6262 transfers; providing for succession of certain
6363 contracts; providing for virtual charter school
6464 sponsorship contract renewal; providing for
6565 enforceability of certain ad ministrative rules;
6666 granting rulemaking authority; providing for
6767 succession to certain rights, responsibilities, and
6868 agreements executed by the State Board of Education
6969 prior to certain date; directing Statewide Charter
7070 School Board to assume certain sponsorships;
7171 providing for certain sponsorship renewal; permitting
7272 certain charter schools to apply for sponsorship
7373 renewal with the Statewide Charter School Bo ard;
7474 establishing powers and duties of the Statewide
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101101 Charter School Board; reserving certain powers and
102102 duties for the State Boa rd of Education; defining
103103 terms; providing for preparation of a conversion
104104 plan; requiring certain items to be included in plan;
105105 mandating conversion to school to comply with certain
106106 laws; exempting application of certain laws;
107107 providing for funding of con version schools;
108108 describing process for conv ersion school reversion;
109109 requiring Board to make publicly available a list of
110110 certain courses beginning on certain date; directing
111111 the Board, in certain conjunction, to negotiate and
112112 enter into contracts with certain providers; creating
113113 the Statewide Charter School Board Revolving Fund;
114114 specifying sources of fund; providing for
115115 expenditures; providing purpose of fund; amending 70
116116 O.S. 2021, Section 3 -104, which relates to powers and
117117 duties of the State Board of Ed ucation; updating
118118 statutory references; modi fying reference from the
119119 Statewide Virtual Char ter School Board to the
120120 Statewide Charter School Board; amending 70 O.S.
121121 2021, Sections 3-132, as amended by Section 1,
122122 Chapter 222, O.S.L. 2022 , 3-134, as amended by
123123 Section 2, Chapter 222, O.S.L. 2022 , 3-136, 3-137, 3-
124124 139, 3-140, 3-142, 3-143, and 3-144 (70 O.S. Supp.
125125 2022, Sections 3-132 and 3-134), which relate to
126126 implementation of the Oklahoma Charter Schools Act;
127127 modifying eligibility of certain entities to sponsor
128128 charter schools; updating entity reference; excepting
129129 existing charter schools from certain limitation;
130130 striking duplicative language; transferring certain
131131 training duty from the State Department of Education
132132 to the Statewide Charter School Board ; requiring
133133 training after certain date for certain sponsors;
134134 establishing deadline for training development and
135135 implementation; modifying application process and
136136 contents for certain schools; requiring certain
137137 governing boards to meet monthly at a minimum;
138138 including copies of certain contracts in application;
139139 prohibiting certain entities from contracting with a
140140 private school; removing references to charter
141141 schools sponsored by certain entities; deleting
142142 limitation of physical locations for certain c harter
143143 schools; striking appeals process for certain sponsor
144144 rejections; prohibiting delegation of certain
145145 responsibilities to a school district; providing for
146146 powers and duties of charter school and virtu al
147147 charter school sponsors; requiring Statewide Charter
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174174 School Board to post certain in formation on its
175175 website; modifying contents of certain written
176176 contracts beginning on certain date; providing
177177 exemption from certain statutes and rules for charter
178178 schools and virtual charter schools; re quiring
179179 charter contract to describe educational pro gram
180180 being offered; subjecting charter schools and virtual
181181 charter schools to certain limitations on spe nding;
182182 prescribing requirements for governing board members;
183183 subjecting governing board to certain conflict of
184184 interest requirements; requiring governing board to
185185 comply with certain instruction and continuing
186186 education requirements; requiring notification to
187187 sponsor of certain significant actions; requiring
188188 charter contracts to include certain performance
189189 provisions; authorizing sponsor to develop a separate
190190 performance framework; requiring submission of da ta
191191 in certain identical format; prescribing minimum
192192 framework for performance evaluation; including
193193 certain indicators of evaluation; requiring annual
194194 evaluation of performance framework; mandating
195195 presentation of evaluation results in certain open
196196 meeting; limiting provisions of charter contracts;
197197 permitting an applicant to hold multiple charter
198198 contracts; defining term; prohibiting certain schools
199199 from entering into certain employment contract under
200200 certain circumstances; providing for contents of
201201 employment contract; requiring disclosure of
202202 employment rights; prohibiting certain schools from
203203 serving certain students without certain contract;
204204 authorizing sponsor to establish certain requirements
205205 or conditions for certain schools; updating
206206 references; requiring certain school district to
207207 include charter school in bond issue planning;
208208 providing for increase in length of certain charter
209209 contracts; prescribing a performanc e report prior to
210210 the final year of a charter contract renewal;
211211 including certain information in report; permitting
212212 sponsor to require char ter school to develop a
213213 corrective action plan; authorizing non renewal of
214214 contract in certain cases; deleting requirement of
215215 sponsor to appear before the State Board of Education
216216 in certain circumstances; requiring certain school to
217217 disclose revocation or nonrenewal in a subsequent
218218 application; including virtual charter schools in
219219 teacher salary and hiring provisions ; updating
220220 statutory language; requirin g certain school district
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247247 to provide directory information for students
248248 residing in the district upon re quest; prescribing
249249 geographic boundaries for virtual charter schools;
250250 prohibiting certain students from participating in
251251 certain activities; permitting participation in
252252 intramural activities; designating certain students
253253 as transfer students ; prescribing process for
254254 enrollment in virtual charter school; req uiring
255255 transmission of student records within certain time;
256256 directing certain notification if technology
257257 infrastructure is inadequate; pre scribing limitation
258258 of student transfers; defining term; prohibi ting
259259 additional transfer without certain concurrence;
260260 providing a grace period for withdrawal; requiring
261261 certain notification; providing for transfer for
262262 students who have a parent or guardian in the
263263 military; prescribing process for transfer; defin ing
264264 terms; prohibiting the Statewide Charter School Board
265265 from charging a fee for administrative or other
266266 services; specifying how sponsor fee should be used;
267267 directing development of certain data codes for
268268 reporting expenditures; requiring sponsor to publish
269269 certain report on its website; mandating sponsor to
270270 present report in public meeting; providing content
271271 for report; updating statutory language; transferring
272272 oversight authority of the Charter School Closure
273273 Reimbursement Revolving Fund; reassigning duty to
274274 submit certain annual report; modifying authority
275275 over the Charter Schools Incentive Fund; amending 70
276276 O.S. 2021, Sections 3 -145.5, as amended by Section 2,
277277 Chapter 153, O.S.L. 2022 (70 O.S. Supp. 2022, Section
278278 3-145.5), 3-145.7, and 3-145.8, which relate to
279279 virtual charter schools; deleting outdated language;
280280 granting Statewide Virtual Charter School Board
281281 authority over certain revolving fund until certain
282282 date; transferring funds to certain revolving fund on
283283 certain date; updating statutory references to
284284 Statewide Charter School Board; requiring sponsor
285285 governing board to designate representative to
286286 complete annual sponsor workshop requirement;
287287 including specified topics in workshop; amending 70
288288 O.S. 2021, Section 5 -200, which relates to management
289289 organizations; requiring amounts paid to certain
290290 organizations be pursuant to contract terms;
291291 mandating disclosure pu rsuant to certain guideline s;
292292 updating statutory citations; amending 70 O.S. 2021,
293293 Section 18-124, which relates to limitations on
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320320 administrative services expenditures; providing
321321 applicability of limitation to certain schools;
322322 clarifying calculation for sp ecified schools;
323323 modifying definition; amending 70 O.S. 2021, Section
324324 1210.704, which relates to the provision of advanced
325325 placement courses; updating references to the
326326 Statewide Charter School Board ; repealing 70 O.S.
327327 2021, Sections 3-135, 3-145.1, 3-145.2, 3-145.3, and
328328 3-145.4, which relate to sponsor contract guidelines
329329 and meetings and rule promulgation of the Statewide
330330 Virtual Charter School Board; providing for
331331 codification; providing effective dates; and
332332 declaring an emergency.
333333
334334
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336336
337337
338338 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
339339 SECTION 1. NEW LAW A new section of law to be codified
340340 in the Oklahoma Statutes as Section 3-132.1 of Title 70, unless
341341 there is created a duplication in n umbering, reads as follows:
342342 A. There is hereby created the Statewide Charter Schoo l Board.
343343 Beginning July 1, 2024, the Board shall have the sole authority t o
344344 sponsor statewide virtual charter schools in this state and may
345345 sponsor charter schools in this state. The Board shall be composed
346346 of nine (9) voting members as follows:
347347 1. Three members appointed by the Governor, one of whom shall
348348 initially be a person appointed by the Governor and currently
349349 serving as a member of the Statewide Virtual Charter School Board
350350 and one of whom shall possess strong experience and expertise in
351351 virtual charter schools;
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378378 2. Two members appointed by t he President Pro Tempore of the
379379 Senate, one of whom shall initially be a person appointed by the
380380 President Pro Tempore and cu rrently serving as a member of the
381381 Statewide Virtual Charter School Board;
382382 3. Two members appointed by the Speaker of the House of
383383 Representatives, one of whom shall initially be a person appointed
384384 by the Speaker and currently serving a s a member of the Statewide
385385 Virtual Charter School Board ;
386386 4. The State Superintendent of Public Instruct ion or his or her
387387 designee; and
388388 5. The State Auditor and Inspector or his or her designee.
389389 B. Initial appointments shall be made by August 31, 2023. The
390390 President Pro Tempore of the Senate and the Speaker of the House of
391391 Representatives shall each appoi nt one member for one (1) year and
392392 one member for two (2) years. The Governor shall appoint one member
393393 for one (1) year and two members for two (2) years. Members shall
394394 serve until their successors are duly appointed for a term of three
395395 (3) years. Appointments shall be made by and take effect on July 31
396396 of the year in which the appointment is made. Annually by December
397397 30, the Board shall elect from its membership a chair and vice-
398398 chair. Members appointed to the Statewide Charter School Board
399399 shall collectively possess strong experience and expertise in public
400400 and nonprofit governance, management and finance, assessment,
401401 curriculum and instruction, pub lic charter schools, and public
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428428 education law. All appointed members of the Statewide Charter
429429 School Board shall have demonstrated an understanding of and a
430430 commitment to charter schools as a strategy for strengthening public
431431 education.
432432 C. A member may be removed from the Board by the appointing
433433 authority for cause which shall include, but not be lim ited to:
434434 1. Being found guilty by a court of competent j urisdiction of a
435435 felony or any offense involving moral turpitude;
436436 2. Being found guilty of malfeasance, misfeasance, or
437437 nonfeasance in relation to Board dutie s;
438438 3. Being found mentally incompetent b y a court of competent
439439 jurisdiction; or
440440 4. Failing to attend three successive meetings of the Board
441441 without just cause, as determined by the Board.
442442 D. Vacancies shall be filled by the appointing authority.
443443 E. No member of the Senate or House of Represen tatives may be
444444 appointed to the Board while serving as a member of the Legislature.
445445 F. Members of the Statewide Charter School Board shall n ot
446446 receive compensation but shall be reimbursed for nec essary travel
447447 expenses pursuant to the provisions of the State Travel
448448 Reimbursement Act.
449449 G. The Statewide Charter School Board shall meet at the call of
450450 the chair. The first meeting of the Board shall be held no later
451451 than sixty (60) days after the effective date o f this act.
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478478 H. Five members of the Board s hall constitute a quorum, and an
479479 affirmative vote of at l east five members shall be required for the
480480 Board to take any final action.
481481 I. Beginning July 1, 202 4, statewide virtual charter schools
482482 shall be sponsored only by the Statewide Charter School Board
483483 created pursuant to this section. Effective July 1, 202 4, the
484484 Statewide Virtual Charter School Board shall be abolished and the
485485 Statewide Charter School Board shall succeed to any contractual
486486 rights and responsibilities and settlement agreements incurred by
487487 the Statewide Virtual Charter School Board in a virtual charter
488488 school sponsorship contract executed prior to July 1, 2024.
489489 1. All powers, duties, responsibilities, polic ies, personnel,
490490 property, equipment, supplies, records, assets, funds, current and
491491 future liabilities, encumbrances, o bligations, and indebtedness of
492492 the Statewide Virtual Charter School Board or associated with a
493493 virtual charter school sponsorship c ontract entered into by the
494494 Statewide Virtual Charter School Board prior to July 1, 202 4, shall
495495 be transferred to the Statewide Charter School Board. No items
496496 shall be expended or used for any purpose other than the performance
497497 of duties and responsibilities as directed and required in this act.
498498 Appropriate conveyances and other documents shall be executed to
499499 effectuate the transfer of property associated with a sponsorship
500500 contract. The Statewide Charter School Board may contract fo r
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527527 additional legal and administrative services as necessary to
528528 effectuate the transfers pr ovided in this subsection.
529529 2. The Director of the Office of Management and Enterprise
530530 Services shall coordinate the transfer of funds, allotments,
531531 purchase orders, and outstanding financ ial obligations and
532532 encumbrances relating to the regulation of virtual charter schools
533533 as transferred pursuant to the provisions of this act.
534534 3. Upon succession of sponsors hip contracts, the Statewide
535535 Charter School Board shall assume sponsorship of the v irtual charter
536536 schools for the remainder of the term of the contracts. Prior to
537537 the end of the current term of the contract, the Statewide Charter
538538 School Board shall allow a virtual charter school to apply for
539539 renewal of the sponsorsh ip contract in accord ance with the renewal
540540 procedures established pursuant to Section 3 -137 of Title 70 of t he
541541 Oklahoma Statutes.
542542 4. Effective July 1, 202 4, all administrative rules promulgate d
543543 by the Statewide Virtual Charter School Board relating to th e
544544 implementation and enforcement of the Oklahoma Charter Schools Act
545545 shall be enforceable by the Statewide Charter School Board. The
546546 rules shall continue in force and effect and the Executive Director
547547 of the Statewide Charter School Board shall ha ve authority to amend ,
548548 repeal, recodify, or make additions to the rules pursuant to the
549549 Administrative Procedures Ac t.
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576576 J. Effective July 1, 2024, the Statewide Charter School Board
577577 shall succeed to any contractual rights and responsibilities and
578578 settlement agreements incurred by the State Board of Education in a
579579 charter school sponsorship contract ex ecuted prior to July 1, 2024.
580580 All property, equipment, supplies, record s, assets, funds, current
581581 and future liabilities, encumbrances, obligations, and indebtedness
582582 associated with a charter school sponsorship contract entered into
583583 by the State Board of Education prior to J uly 1, 2024, shall be
584584 transferred to the Statewide Charter School Board. Appropriate
585585 conveyances and other documents shall be executed to effectuate the
586586 transfer of property associated with a sponsorship contract. Upon
587587 succession of sponsorship contracts, the Statewide Charter School
588588 Board shall assume sponsors hip of the charter schools for the
589589 remainder of the term of the contracts. Prior to the end of the
590590 current term of the contract, the Statewide Charter School Board
591591 shall allow a charter school to apply for renewal of the sponsorship
592592 contract in accordance with the renewa l procedures established
593593 pursuant to Section 3-137 of Title 70 of the Oklahoma Statutes.
594594 K. Beginning July 1, 2024, at the end of the current te rm of a
595595 charter school sponsorship contract with a school district, an
596596 accredited comprehensive or regiona l institution that is a member of
597597 The Oklahoma State System of Higher Education, a community college,
598598 or a federally recognized Indian tribe , a charter school may apply
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625625 for contract renewal with the Statewide Charter School Board for
626626 sponsorship.
627627 SECTION 2. NEW LAW A new section of law to be codified
628628 in the Oklahoma Statutes as Secti on 3-132.2 of Title 70, unless
629629 there is created a duplication in numbering, reads as follows:
630630 A. Beginning July 1, 2024, and subject to the requirements of
631631 the Oklahoma Charter Schools Act, the Statewide Charter School Board
632632 shall:
633633 1. Provide supervision and oversight of the operations of
634634 statewide virtual charter schools in this state and charter schools
635635 for which the Statewide Charter School Board is the sponsor ,
636636 recommend legislation pertaining to charter schools to the
637637 Legislature, and promulgate rules and policies that the Board deems
638638 necessary to accomplish the purposes prescribed in this section;
639639 2. Ensure compliance with state law s and training requirements
640640 for all charter schools, virtual charter schools, and sponsors ;
641641 3. Establish a procedure for accepting, approving, and
642642 disapproving charter school and statewide virtual charter school
643643 applications and a process for renewal or revocation of approved
644644 charter school contracts which meet the procedures set forth in the
645645 Oklahoma Charter Schools Act;
646646 4. Hire an executive director an d other staff for its
647647 operation;
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674674 5. Prepare a budget for expenditur es necessary for the proper
675675 maintenance of the Board and accomplishment of its purpose;
676676 6. Comply with the requirements of the Oklahoma Open Meeting
677677 Act and Oklahoma Open Records Act ; and
678678 7. Give priority to opening charter schools and virtual charter
679679 schools that serve at-risk student populations or students from low-
680680 performing traditional public schools.
681681 B. The State Board of Education shall be responsible for
682682 accreditation of charter schools and virtual charter schools and
683683 ensure compliance with speci al education laws and federal laws and
684684 programs administered by the State B oard of Education.
685685 C. 1. For purposes of the Oklahoma Charter Schools Act,
686686 "charter school" means:
687687 a. prior to July 1, 202 4, a public school established by
688688 contract with a school district board of education, a
689689 technology center school district , a higher education
690690 institution, a federally recognized Indian tribe, or
691691 the State Board of Education, and
692692 b. on July 1, 2024, and after, a public school
693693 established by contract with a school district board
694694 of education, a higher education institution, a
695695 federally recognized Indian tribe, or the Statewide
696696 Charter School Board,
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723723 to provide learning that will improve student achievement and as
724724 defined in the Elementary and Secondary Edu cation Act of 1965, 20
725725 U.S.C. 8065.
726726 2. A charter school may consist of a new school site, new
727727 school sites, or all or any portion of an existing school site. An
728728 entire school district may not become a charter school site.
729729 D. 1. For purposes of the Oklahoma Charter Schools Act,
730730 "conversion school" means a school created by converting all or any
731731 part of a traditional public school to access any or all
732732 flexibilities afforded to a charter school ; provided, however, all
733733 or any part of a traditio nal public school may not be converte d to a
734734 virtual charter school .
735735 2. Prior to the board of education of a school district
736736 converting all or any part of a traditional public school to a
737737 conversion school, the board shall prepare a conversion plan. The
738738 conversion plan shall include document ation that demonstrates and
739739 complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
740740 19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134
741741 of Title 70 of the Oklahoma Statutes. The conversion plan and all
742742 documents shall be in writ ing and shall be available to the pub lic
743743 pursuant to the requirements of the Oklahoma Open Records Act. All
744744 votes by the board of education of a school district to approve a
745745 conversion plan shall be held in an open public session. If the
746746 board of education of a school district votes to appr ove a
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773773 conversion plan, the board shall notify the State Board of Education
774774 within sixty (60) days after the vote. The notification shal l
775775 include a copy of the minutes for the board meeting at which the
776776 conversion plan was approved.
777777 3. A conversion school shall comply with all the same
778778 accountability measures as are required of a charter school as
779779 defined in subsection B of this section. The provisions of Sections
780780 3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply
781781 to a conversion school. Conversion schools shall comply with the
782782 same laws and State Board of Education rules relating to student
783783 enrollment which apply to tr aditional public schools. Conversion
784784 schools shall be funded by the board of educa tion of the school
785785 district as a school site within the school district and funding
786786 shall not be affected by the conversion of the school.
787787 4. The board of education of a sc hool district may vote to
788788 revert a conversion school back to a traditional public s chool at
789789 any time; provided, the chan ge shall only occur during a break
790790 between school years.
791791 5. Unless otherwise provided for in this subsection, a
792792 conversion school shall retain the characteristics of a traditional
793793 public school.
794794 E. 1. Beginning July 1, 2024, the Statewide Charter School
795795 Board shall make publicly available a list of supplemental online
796796 courses which have been reviewed and certified by the Board to
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823823 ensure that the courses are high quality options and are aligned
824824 with the subject matter standards adopted by the State Board of
825825 Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma
826826 Statutes. The Statewide Charter School Board shall give special
827827 emphasis on listing supplemental online courses in science,
828828 technology, engineering, and math (STEM), foreign language, and
829829 advanced placement courses. School districts shall not be limited
830830 to selecting supplemental online courses that have been reviewed a nd
831831 certified by the Statewide Charter School Board and listed as
832832 provided for in this paragraph.
833833 2. In conjunction with the Office of Management and Enterprise
834834 Services, the Board shall negotiate and enter into contracts with
835835 supplemental online course pr oviders to offer a state rate price to
836836 school districts for supplemental online cou rses that have been
837837 reviewed and certified by the Statewide Charter School Board and
838838 listed as provided for in this subsection.
839839 SECTION 3. NEW LAW A new section of law to be codified
840840 in the Oklahoma Statutes as Section 3-132.3 of Title 70, unless
841841 there is created a dup lication in numbering, reads as follows:
842842 There is hereby created in the State Treasury a revolving fund
843843 for the Statewide Charter School Board to be designated the
844844 "Statewide Charter School Board Revolving Fund". The fund shall be
845845 a continuing fund, not s ubject to fiscal year limitations, and shall
846846 consist of all monies received by the Statewide Charter School Board
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873873 from state appropriations. All monies accruing to the credit of the
874874 fund are hereby appropriated and may be budgeted and expended by the
875875 Statewide Charter School Board for the purposes set forth in Section
876876 2 of this act. Expenditures from the fund shall be made upon
877877 warrants issued by the State Treasurer against claims f iled as
878878 prescribed by law with the Director of the Office of Management an d
879879 Enterprise Services for approval and payment.
880880 SECTION 4. AMENDATORY 70 O.S. 2021, Section 3 -104, is
881881 amended to read as follows:
882882 Section 3-104. A. The supervision of the public school system
883883 of Oklahoma shall be vested in the State Board of Education and,
884884 subject to limitations otherwise provided by law, the State Board of
885885 Education shall:
886886 1. Adopt policies and make rules for the operation of the
887887 public school system of the state;
888888 2. Appoint, prescribe the duties, and fix the compensation of a
889889 secretary, an attorney, and all other personnel necessary for the
890890 proper performance of the funct ions of the State Board of Education.
891891 The secretary shall not be a member of the Board;
892892 3. Submit to the Governor a departmental bud get based upon
893893 major functions of the Department as prepared by the State
894894 Superintendent of Public Instruction and support ed by detailed data
895895 on needs and proposed operations as partially determined by the
896896 budgetary needs of local school districts filed wi th the State Board
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923923 of Education for the ensuing fiscal year. Appropriations therefor
924924 shall be made in lump-sum form for each major item in the budget as
925925 follows:
926926 a. State Aid to schools,
927927 b. the supervision of all other functions of general and
928928 special education including general control, free
929929 textbooks, school lunch, Indian education, and all
930930 other functions of the Board and an amount sufficient
931931 to adequately staff and administer these services, and
932932 c. the Board shall determine the details by which the
933933 budget and the appropriations are administered.
934934 Annually, the Board shall make preparations to
935935 consolidate all of the functio ns of the Department in
936936 such a way that the budget can be based on two items,
937937 administration and aid to schools. A maximum amount
938938 for administration shall be designated as a part of
939939 the total appropriation;
940940 4. On the first day of December preceding each regular session
941941 of the Legislature, prepare and deliver to the Governor and the
942942 Legislature a report for the year ending June 30 immed iately
943943 preceding the regular session of the Legislature. The report shall
944944 contain:
945945 a. detailed statistics and other infor mation concerning
946946 enrollment, attendance, expenditures including State
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973973 Aid, and other pertinent data for all public schools
974974 in this state,
975975 b. reports from each and every division within the State
976976 Department of Education as submitted by the State
977977 Superintendent of Public Instruction and any other
978978 division, department, institution, or other agency
979979 under the supervision of the Board,
980980 c. recommendations for the improvement of the public
981981 school system of the state,
982982 d. a statement of the receipts and expenditures of the
983983 State Board of Education for the past year, and
984984 e. a statement of plans and recommendations for the
985985 management and improvement of public schools and such
986986 other information relating to the educational
987987 interests of the state as may be deemed necessary and
988988 desirable;
989989 5. Provide for the formulation and adoption of curricula,
990990 courses of study, and other instructional aids necessary for the
991991 adequate instruction of pupils in the public schools;
992992 6. Have authority in matters pertaining to the licensure and
993993 certification of persons for instructional, supervisory, and
994994 administrative positions and services in the public schools of the
995995 state subject to the provisions of Section 6-184 of this title, and
996996 shall formulate rules governing the issuance and revocation of
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10231023 certificates for superintendents of schools, principals,
10241024 supervisors, librarians, clerical employees, school nurses, school
10251025 bus drivers, visiting teachers, classroom teachers, and for other
10261026 personnel performing instructional, administrative, and supervisory
10271027 services, but not including members of boards of education and other
10281028 employees who do not work directly with pupils, and may charge a nd
10291029 collect reasonable fees for the issuance of such certificates:
10301030 a. the State Department of Education shall not issue a
10311031 certificate to and shall revoke the certificate of any
10321032 person who has been convicted, whether upon a verdict
10331033 or plea of guilty or upon a plea of nolo contendere,
10341034 or received a suspended sentence or any probationary
10351035 term for a crime or an attempt to comm it a crime
10361036 provided for in Section 843.5 of Title 21 of the
10371037 Oklahoma Statutes if the offense involved sexual abuse
10381038 or sexual exploitation as those terms are defined in
10391039 Section 1-1-105 of Title 10A of the Oklahoma Statutes,
10401040 Section 741, 843.1, if the offens e included sexual
10411041 abuse or sexual exploitation, 865 et seq., 885, 888,
10421042 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
10431043 1111.1, 1114 or 1123 of Title 21 of the Oklahoma
10441044 Statutes or who enters this state and who has been
10451045 convicted, received a suspended sent ence, or received
10461046 a deferred judgment for a crime or attempted crime
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10731073 which, if committed or attempted in this state, would
10741074 be a crime or an attempt to commit a crime provided
10751075 for in any of said the laws,
10761076 b. all funds collected by the State Department of
10771077 Education for the issuance of certificates to
10781078 instructional, supervisory, and administrative
10791079 personnel in the public schools of the state shall be
10801080 deposited in the "Teachers' Certificate Fund" in the
10811081 State Treasury and may be expended by the State Board
10821082 of Education to finance the activities of the State
10831083 Department of Education necessary to administer the
10841084 program, for consultative services, publication costs,
10851085 actual and necessary travel expenses as provided in
10861086 the State Travel Reimbursement Act incurred by pe rsons
10871087 performing research work, and other expenses found
10881088 necessary by the State Board of Education for the
10891089 improvement of the preparati on and certification of
10901090 teachers in Oklahoma. Provided, any unobligated
10911091 balance in the Teachers' Certificate Fund in exc ess of
10921092 Ten Thousand Dollars ($10,000.00) on June 30 of any
10931093 fiscal year shall be transferred to the General
10941094 Revenue Fund of the State of Oklahoma this state.
10951095 Until July 1, 1997, the State Board of Education shall
10961096 have authority for approval of teacher education
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11231123 programs. The State Board of Education shall also
11241124 have authority for the administration of te acher
11251125 residency and professional develo pment, subject to the
11261126 provisions of the Oklahoma Teacher Preparation Act;
11271127 7. Promulgate rules governing the classification, inspection,
11281128 supervision, and accrediting of all public nursery, kindergarten,
11291129 elementary and secondary schools, and on-site educational services
11301130 provided by public school districts or state-accredited private
11311131 schools in partial hospitalization programs, day treatment programs,
11321132 and day hospital programs as defined in this act for persons between
11331133 the ages of three (3) and twenty-one (21) years of age in the state.
11341134 However, no school shall be denied accreditation solely on the basis
11351135 of average daily attendance.
11361136 Any school district which maintains an elementary school and
11371137 faces the necessity of reloc ating its school facilities because of
11381138 construction of a lake, either by state or federal authority, which
11391139 will inundate the school facilities, shall be entitled to receive
11401140 probationary accreditation from the State Board of Education for a
11411141 period of five (5) years after the effective date of th is act June
11421142 12, 1975, and any school district, otherwise qualified, shall be
11431143 entitled to receive probationary accreditation from the State Board
11441144 of Education for a period of two (2) consecutive years to attain the
11451145 minimum average daily attendance. The Head Start and public
11461146 nurseries or kindergartens operated from Community Action Program
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11731173 funds shall not be subjected to the accrediting rules of the State
11741174 Board of Education. Neither will the State Board of Education make
11751175 rules affecting the operation of the public nurseries and
11761176 kindergartens operated from federal funds secured through Community
11771177 Action Programs even though they may be operating in the public
11781178 schools of the state. However, any of the Head Start or, public
11791179 nurseries, or kindergartens operated under federal regulations may
11801180 make application for accrediting from the State Board of Education
11811181 but will be accredited only if application for the approval of the
11821182 programs is made. The status of no school district shall be changed
11831183 which will reduce it to a lower classification until due notice has
11841184 been given to the proper authorities thereof and an opportunity
11851185 given to correct the conditions which otherwise would be the cause
11861186 of such reduction.
11871187 Private and parochial schools may be accredited and classified
11881188 in like manner as public schools or, if an accrediting association
11891189 is approved by the State Board of Education, by procedures
11901190 established by the State Board of Education to acce pt accreditation
11911191 by such accrediting association, if application is made to the State
11921192 Board of Education for such accrediting;
11931193 8. Be the legal agent of the State of Oklahoma this state to
11941194 accept, in its discretion, the provisions of any Act of Congress
11951195 appropriating or apportioning funds which are now, or may hereafter
11961196 be, provided for use in connection with any phase of the system of
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12231223 public education in Oklahoma. It shall prescribe such rules as it
12241224 finds necessary to provide for the proper distribution of such funds
12251225 in accordance with the state and federal laws;
12261226 9. Be and is specifically hereby designated as the agency of
12271227 this state to cooperate and deal with any officer, board, or
12281228 authority of the United St ates Government under any law of the
12291229 United States which may require or recommend cooperation with any
12301230 state board having charge of the administration of public schools
12311231 unless otherwise provided by law;
12321232 10. Be and is hereby designated as the "State Educational
12331233 Agency" referred to in Public Law 396 of the 79th Congress of the
12341234 United States, which law states that said the act may be cited as
12351235 the "National School Lunch Act", and said the State Board of
12361236 Education is hereby authorized and directed to accept the terms and
12371237 provisions of said the act and to enter into such agreements, not in
12381238 conflict with the Constitution of Oklahoma or the Constitution and
12391239 Statutes of the United States, as may be necessary or appropriate to
12401240 secure for the State of Oklahoma this state the benefits of the
12411241 school lunch program es tablished and referred to in said the act;
12421242 11. Have authority to secure and administer the benefits of the
12431243 National School Lunch Act, Public Law 396 of the 79th Congress of
12441244 the United States, in the State of Oklahoma this state and is hereby
12451245 authorized to employ or appoint and fix the compensation of such
12461246 additional officers or employees and to incur such expenses as may
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12731273 be necessary for the accomplishment of the above purpose, administer
12741274 the distribution of any sta te funds appropriated by the Legislature
12751275 required as federal matching to reimburse on children's meals;
12761276 12. Accept and provide for the administration of any land,
12771277 money, buildings, gifts, donation, or other things of value which
12781278 may be offered or bequeath ed to the schools under the supervision or
12791279 control of said the Board;
12801280 13. Have authority to require persons having administrative
12811281 control of all school districts in Oklahoma to make such regular and
12821282 special reports regarding the activities of the schools in said the
12831283 districts as the Board may deem needful for the proper exercise of
12841284 its duties and functions. Such authority shall include the right of
12851285 the State Board of Education to withhold all state funds under its
12861286 control, to withhold official recognition , including accrediting,
12871287 until such required reports have been filed and accep ted in the
12881288 office of said the Board and to revoke the certificates of persons
12891289 failing or refusing to make such reports;
12901290 14. Have general supervision of the school lunch program. The
12911291 State Board of Education may sponso r workshops for personnel and
12921292 participants in the school lunch program and may develop, print, and
12931293 distribute free of charge or sell any materials, books, and
12941294 bulletins to be used in such the school lunch programs. There is
12951295 hereby created in the State Tre asury a revolving fund for the Board,
12961296 to be designated the School Lunch Workshop Revolving Fund. The fund
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13231323 shall consist of all fees derived from or on behalf of any
13241324 participant in any such workshop sponsored by the State Board of
13251325 Education, or from the sa le of any materials, books, and bulletins,
13261326 and such funds shall be disbursed for expenses of such workshops and
13271327 for developing, printing, and distributing of such materials, books,
13281328 and bulletins relating to the school lunch program. The fund shall
13291329 be administered in accordance with Section 15 5 of Title 62 of the
13301330 Oklahoma Statutes;
13311331 15. Prescribe all forms for school district and county officers
13321332 to report to the State Board of Education where required. The State
13331333 Board of Education shall also prescribe a list of appropriation
13341334 accounts by which the funds of school districts shall be budgeted,
13351335 accounted for, and expended; and it shall be the duty of the State
13361336 Auditor and Inspector in prescribing all budgeting, accounting, and
13371337 reporting forms for school fun ds to conform to such lists;
13381338 16. Provide for the establishment of a uniform system of pupil
13391339 and personnel accounting, records, and reports;
13401340 17. Have authority to provide for the health and safety of
13411341 school children schoolchildren and school personnel while under the
13421342 jurisdiction of school authorities;
13431343 18. Provide for the supervision of the transportation of
13441344 pupils;
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13711371 19. Have authority, upon request of the local school board, to
13721372 act in behalf of the public schools of the state in the purchase of
13731373 transportation equipment ;
13741374 20. Have authority and is hereby requir ed to perform all duties
13751375 necessary to the administration of the public school system in
13761376 Oklahoma as specified in the Oklahoma School Code; and, in addition
13771377 thereto, those duties not specifically mentioned herein if not
13781378 delegated by law to any other agency or official;
13791379 21. Administer the State Public Common School Building
13801380 Equalization Fund established by Section 32 of Article X of the
13811381 Oklahoma Constitution. Any monies as may be appropriated or
13821382 designated by the Le gislature, other than ad valorem taxes, an y
13831383 other funds identified by the State Department of Education, which
13841384 may include, but not be limited to, grants-in-aid from the federal
13851385 government for building purposes, the proceeds of all property that
13861386 shall fall to the state by escheat, penalties for un lawful holding
13871387 of real estate by corporations, and capital gains on assets of the
13881388 permanent school funds, shall be deposited in the State Public
13891389 Common School Building Equalization Fund. The fund shall be used to
13901390 aid school districts and charter schools i n acquiring buildings,
13911391 subject to the limitations fixed by Section 32 of Article X of the
13921392 Oklahoma Constitution. It is hereby declared that the term
13931393 "acquiring buildings" as used in Section 32 of Article X of the
13941394 Oklahoma Constitution shall mean acquiring or improving school
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14211421 sites, constructing, repairing, remodeling, or equipping buildings,
14221422 or acquiring school furniture, fixtures, or equipment. It is hereby
14231423 declared that the term "school districts" as used in Section 32 of
14241424 Article X of the Oklahoma Const itution shall mean school districts
14251425 and eligible charter schools as defined in subsection B of this
14261426 section. The State Board of Education shall disburse redbud school
14271427 grants annually from the State Public Common School Building
14281428 Equalization Fund to public schools and eligible charter schools
14291429 pursuant to subsection B of this section. The Board shall
14301430 promulgate rules for the implementation of disbursing redbud school
14311431 grants pursuant to this section. The State Board of Education shall
14321432 prescribe rules for ma king grants of aid from, and for otherwise
14331433 administering, the fund pursuant to the provisions of this
14341434 paragraph, and may employ and fix the duties and compensation of
14351435 technicians, aides, clerks, stenographers, attorneys, and other
14361436 personnel deemed necessar y to carry out the provisions of this
14371437 paragraph. The cost of administering the fund shall be paid from
14381438 monies appropriated to the State Board of Education for the
14391439 operation of the State Department of Education. From monies
14401440 apportioned to the fund, the St ate Department of Education may
14411441 reserve not more than one-half of one percent (1/2 of 1%) for
14421442 purposes of administering the fund;
14431443 22. Recognize that the Director of the Oklahoma Department of
14441444 Corrections shall be the administrative authority for the schoo ls
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14711471 which are maintained in the state reformatories and shall appoint
14721472 the principals and teachers in such schools. Provided, that rules
14731473 of the State Board of Education for the classification, inspection,
14741474 and accreditation of public schools shall be applica ble to such
14751475 schools; and such schools shall comply with standards set by the
14761476 State Board of Education; and
14771477 23. Have authority to administer a revolving fund which is
14781478 hereby created in the State Treasury, to be designated the
14791479 Statistical Services Revolving Fund. The fund shall consist of all
14801480 monies received from the various school districts of the state, the
14811481 United States Government, and other sources for the purpose of
14821482 furnishing or financing statistical services and for any other
14831483 purpose as designated by the Legislature. The State Board of
14841484 Education is hereby authorized to enter into agreements with school
14851485 districts, municipalities, the United States Government,
14861486 foundations, and other agencies or individuals for services,
14871487 programs, or research projects. The Statistical Services Revolving
14881488 Fund shall be administered in accordance with Section 155 of Title
14891489 62 of the Oklahoma Statutes.
14901490 B. 1. The redbud Redbud school grants shall be determined by
14911491 the State Department of Education as follows:
14921492 a. divide the county four-mill levy revenue by four to
14931493 determine the nonchargeable county four-mill revenue
14941494 for each school district,
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15211521 b. determine the amount of new revenue generated by the
15221522 five-mill building fund levy as authorized by Section
15231523 10 of Article X of the Oklahoma Co nstitution for each
15241524 school district as reported in the Oklahoma Cost
15251525 Accounting System for the preceding fiscal year,
15261526 c. add the amounts calculated in subparagraphs a and b of
15271527 this paragraph to determine the nonchargeable millage
15281528 for each school district,
15291529 d. add the nonchargeable millage in each district
15301530 statewide as calculated in subparagraph c of this
15311531 paragraph and divide the total by the average daily
15321532 membership in public schools statewide based on the
15331533 preceding school year's average daily membership,
15341534 according to the provisions of Section 18-107 of this
15351535 title. This amount is the statewide nonchargeable
15361536 millage per student, known as the baseline local
15371537 funding per student,
15381538 e. all eligible charter schools shall be included in
15391539 these calculations as unique s chool districts,
15401540 separate from the school district that may sponsor the
15411541 eligible charter school, and the total number of
15421542 districts shall be used to determine the statewide
15431543 average baseline local funding per student,
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15701570 f. for each school district or eligible charter school
15711571 which is below the baseline local funding per student,
15721572 the Department shall subtract the baseline local
15731573 funding per student from the average nonchargeable
15741574 millage per student of the school district or eligible
15751575 charter school to determine the nonchargeable millage
15761576 per student shortfall for each district, and
15771577 g. the nonchargeable millage per student shortfall for a
15781578 school district or eligible charter school shall be
15791579 multiplied by the average daily membership of the
15801580 preceding school year of the eligible school district
15811581 or eligible charter school. This amount shall be the
15821582 redbud school grant amount for the school district or
15831583 eligible charter school.
15841584 2. For fiscal year 2022, monies for the redbud school grants
15851585 shall be expended from the funds apportioned pursuant to Section 2
15861586 Section 426 of this act Title 63 of the Oklahoma Statutes. For
15871587 fiscal year 2023 and each subsequent fiscal year, monies for the
15881588 redbud school grants shall be appropriated pursuant to Section 2
15891589 Section 426 of this act Title 63 of the Oklahoma Statutes, not to
15901590 exceed three-fourths (3/4) of the tax collected in the preceding
15911591 fiscal year pursuant to Section 426 of Title 63 of the Okla homa
15921592 Statutes as determined by the Oklahoma Tax Commission. For fiscal
15931593 year 2023 and each subseq uent fiscal year, if such appropriated
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16201620 funds are insufficient to fund the redbud school grants, then an
16211621 additional apportionment of funds shall be made from sales tax
16221622 collections as provided by subsection D of Section 3 Section 1353 of
16231623 this act Title 68 of the Oklahoma Statutes. If both funds are
16241624 insufficient, the Department shall promulgate rules to permit a
16251625 decrease to the baseline local funding per student to the highest
16261626 amount allowed with the funding available.
16271627 3. As used in this section, "eligible charter school" shall
16281628 mean a charter school which is sponsored pursuant to the provisions
16291629 of the Oklahoma Charter School Schools Act. Provided, however,
16301630 "eligible charter school" shall not include a statewide virtual
16311631 charter school sponsored by the Statewide Virtual Charter School
16321632 Board Statewide Charter School Board but shall only include those
16331633 which provide in-person or blended instruction, as provided by
16341634 Section 1-111 of this title, to not less than two-thirds (2/3) of
16351635 students as the primary means of instructional service delivery.
16361636 4. The Department shall develop a program to acknowledge the
16371637 redbud school grant recipients and shall include elected members of
16381638 the Oklahoma House of Representatives and Oklahoma State Senate who
16391639 represent the school districts and eligible charter schools.
16401640 5. The Department shall create a dedicated page on its website
16411641 listing annual redbud school grant recipients, amount awarded to
16421642 each recipient, and other pertinent information about the Redbud
16431643 School Funding Act.
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16701670 6. The Department shall provide the Chair of the House
16711671 Appropriations and Budget Committee and the Chair of the Senate
16721672 Appropriations Committee, no later than February 1 of each year,
16731673 with an estimate of the upcoming year's redbud school grant
16741674 allocation as prescribed by this section.
16751675 SECTION 5. AMENDATORY 70 O.S. 2021, Section 3-132, as
16761676 amended by Section 1, Chapter 222, O.S.L. 2022 (70 O.S. Supp. 2022,
16771677 Section 3-132), is amended to read as follows:
16781678 Section 3-132. A. The Oklahoma Charter Schools Act shall apply
16791679 only to charter schools formed and operated under the provisions of
16801680 the act. Charter schools shall be sponsored only as follows:
16811681 1. By any school district located in the State of Oklahoma this
16821682 state, provided such charter school shall only be located within the
16831683 geographical boundarie s of the sponsoring district and subject to
16841684 the restrictions of Section 3-145.6 of this title;
16851685 2. By a technology center school district if the charter school
16861686 is located in a school dis trict served by the technology center
16871687 school district in which all or part of the school district is
16881688 located in a county having more than five hundred thousand (500,000)
16891689 population according to the latest Federal Decennial Census;
16901690 3. By a technology cente r school district if the charter school
16911691 is located in a school distric t served by the technology center
16921692 school district and the school district has a school site that has
16931693 been identified as in need of improvement by the State Boar d of
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17201720 Education pursuant to the Elementary and Secondary Education Act of
17211721 1965, as amended or rea uthorized;
17221722 4. By an accredited comprehensive or regional institution that
17231723 is a member of The Oklahoma State System of Higher Education or a
17241724 community college if the charter school is lo cated in a school
17251725 district in which all or part of the school district is located in a
17261726 county having more than five hundred tho usand (500,000) population
17271727 according to the latest Federal Decennial Census;
17281728 5. 3. By a comprehensive or regional institution that is a
17291729 member of The Oklahoma State System of Higher Education if the
17301730 charter school is located in a school district that has a s chool
17311731 site that has been identified as in need of improvement by the State
17321732 Board of Education pursua nt to the Elementary and Seco ndary
17331733 Education Act of 1965, as amended or reauthorized . In addition, the
17341734 institution shall have a teacher education program a ccredited by the
17351735 Oklahoma Commission for Teacher Preparation Commission for
17361736 Educational Quality and Accountability and have a branch campus or
17371737 constituent agency physically located wi thin the school district in
17381738 which the charter school is located in the State of Oklaho ma;
17391739 6. 4. By a federally recognized Indian tribe, operating a high
17401740 school under the authority of the Bureau of Indian Affairs as of
17411741 November 1, 2010, if the charter school is for the purpose of
17421742 demonstrating native language immersion instruction, and is loca ted
17431743 within its former reservation or trea ty area boundaries. For
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17701770 purposes of this paragraph, native language immersion instruction
17711771 shall require that educational instruc tion and other activities
17721772 conducted at the school site are primarily conducted in the native
17731773 language;
17741774 7. By 5. Until June 30, 2024, the State Board of Education and
17751775 beginning July 1, 2024, the Statewide Charte r School Board when the
17761776 applicant of the charter school is the Office of Juvenile Affairs or
17771777 the applicant has a contract with the O ffice of Juvenile Affairs and
17781778 the charter school is for the purpose of providing education
17791779 services to youth in the custody or supervision of the state . Not
17801780 more than two charte r schools shall be sponsored by the Board as
17811781 provided for in this paragraph du ring the period of time b eginning
17821782 July 1, 2010, through July 1, 201 6;
17831783 8. 6. By a federally recognized Indian tribe only when the
17841784 charter school is located within the former rese rvation or treaty
17851785 area boundaries of the tribe on property held in trust by the B ureau
17861786 of Indian Affairs of the United States Department of the Inte rior
17871787 for the benefit of the tribe; or
17881788 9. 7. By the State Board of Education when the applicant has
17891789 first been denied a charter by the local school district in which it
17901790 seeks to operate Statewide Charter School Board . In counties with
17911791 fewer than five hundred thousand (500,000) population, according to
17921792 the latest Federal Decennial Census, the State Board of Education
17931793 Statewide Charter School Board shall not sponsor more than five new
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18201820 charter schools per year each year for the first five (5) years
18211821 after the effective d ate of this act, with and shall not sponsor
18221822 more than one charter school sponsored in a single school district
18231823 per year. In order to authorize a charter sc hool under this
18241824 section, the State B oard of Education shall find evidence o f all of
18251825 the following:
18261826 a. a thorough and high-quality charter scho ol application
18271827 from the applicant based on the authorizing standards
18281828 in subsection B of Section 3-134 of this title,
18291829 b. a clear demonstration of commu nity support for the
18301830 charter school, and
18311831 c. the grounds and basis of objection by the school
18321832 district for denying the operation of the charter are
18331833 not supported by the greater weight of evidence and
18341834 the strength of the a pplication Existing charter
18351835 schools which are sponsored by the Statewide Charter
18361836 School Board shall not apply to the limits prescribed
18371837 in this paragraph.
18381838 B. An eligible non-school-district sponsor shall give priority
18391839 to opening charter schools that s erve at-risk student populations or
18401840 students from low-performing traditional public schools.
18411841 C. An eligible non-school-district sponsor shall give priority
18421842 to applicants that have demonstrated a reco rd of operating at least
18431843 one school or similar program t hat demonstrates academic success and
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18701870 organizational viability an d serves student populations similar to
18711871 those the proposed cha rter school seeks to serve . In assessing the
18721872 potential for quality repli cation of a charter school, a sponsor
18731873 shall consider the following factors before approving a new site or
18741874 school:
18751875 1. Evidence of a strong and reliable record of academic success
18761876 based primarily on student performance data, as well as other viable
18771877 indicators, including financial and operational success;
18781878 2. A sound, detailed, and well -supported growth plan;
18791879 3. Evidence of the ability to transfer successful practices to
18801880 a potentially different context that includes reproducing critical
18811881 cultural, organizatio nal and instructional characteristics;
18821882 4. Any management organization involved i n a potential
18831883 replication is fully vetted, and the academic, financial and
18841884 operational records of the schools it operates are found to be
18851885 satisfactory;
18861886 5. Evidence the program seeking to be replicated has the
18871887 capacity to do so suc cessfully without diminis hing or putting at
18881888 risk its current operations; and
18891889 6. A financial structure that ensures that funds attributable
18901890 to each charter school within a network and required by law to be
18911891 utilized by a school remain with and are used to b enefit that
18921892 school.
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19191919 D. For purposes of the Oklahoma Charter Schools Act, "charter
19201920 school" means a public school established by contract with a board
19211921 of education of a school district, an area vocatio nal-technical
19221922 school district, a higher education instit ution, a federally
19231923 recognized Indian tribe, or the State Board of Education pursuant to
19241924 the Oklahoma Charter Schools Act to pro vide learning that will
19251925 improve student achievement and as defined in the Elementary and
19261926 Secondary Education Act of 1965, 20 U.S. C. 8065.
19271927 E. 1. For the purposes of the Oklahoma Charter Schools Act,
19281928 "conversion school" means a school created by converting all or any
19291929 part of a traditional public school in order to access any or all
19301930 flexibilities afforded to a charter school.
19311931 2. Prior to the board of educat ion of a school district
19321932 converting all or any part of a traditional public school to a
19331933 conversion school, the board shall prepare a conversion plan . The
19341934 conversion plan shal l include documentation that demonstrates and
19351935 complies with paragraphs 1, 2, 6, 7 , 8, 9, 10, 13, 14, 15, 16, 17,
19361936 19, 20, 21, 22, 23, 24, 34 and 35 of subsection B of Section 3-134
19371937 of this title. The conversion plan and all documents shall be in
19381938 writing and shall be available to the public pursuant to the
19391939 requirements of the Oklahoma O pen Records Act. All votes by the
19401940 board of education of a school district to approve a conversion pla n
19411941 shall be held in an open public session . If the board of education
19421942 of a school district votes to approve a conversion plan, th e board
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19691969 shall notify the State Board of Education within sixty (60) days
19701970 after the vote. The notification shall include a copy of the
19711971 minutes for the board meeting at which the conversion plan was
19721972 approved.
19731973 3. A conversion school shall comply with all th e same
19741974 accountability measures as are required of a charter school as
19751975 defined in subsection D of th is section. The provisions of Sections
19761976 3-140 and 3-142 of this title shall not apply to a conversion
19771977 school. Conversion schools shall comply with the same laws and
19781978 State Board of Education rules relating to student enrollment which
19791979 apply to traditional p ublic schools. Conversion schools shall be
19801980 funded by the board of education of the school district a s a school
19811981 site within the school district and funding s hall not be affected by
19821982 the conversion of the school.
19831983 4. The board of education of a school distri ct may vote to
19841984 revert a conversion school back to a traditional public school at
19851985 any time; provided, the change shall only occur during a break
19861986 between school years.
19871987 5. Unless otherwise provided for in this subsection, a
19881988 conversion school shall retain the characteristics of a tradit ional
19891989 public school.
19901990 F. A charter school may consist of a new school sit e, new
19911991 school sites or all or any portion of an existing school site. An
19921992 entire school district may not become a charter school site.
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20182018
20192019 SECTION 6. AMENDATORY 70 O.S. 2021, Se ction 3-134, as
20202020 amended by Section 2, Chapter 222, O.S.L. 2 022 (70 O.S. Supp. 2022,
20212021 Section 3-134), is amended to read as follows:
20222022 Section 3-134. A. For written applications filed after January
20232023 1, 2008 July 1, 2024, prior to submission of the application to a
20242024 proposed sponsor seeking to establish a charter school or to the
20252025 Statewide Charter School Board to establish a virtual charter
20262026 school, the applicant shall be required to complete training which
20272027 shall not exceed ten (10) hours provid ed by the State Department of
20282028 Education Statewide Charter School Board on the process and
20292029 requirements for establishing a charter school or virtual charter
20302030 school. The sponsor of a charter school that enters into a new or
20312031 renewed sponsorship contract on or after July 1, 2024, shall be
20322032 required to complete training provided by the Statewide Charter
20332033 School Board on the oversight duties of the sponsor. The Department
20342034 Board shall develop and implement the training by January 1, 2008
20352035 July 1, 2024. The Department Board may provide the trai ning in any
20362036 format and manner that the Department it determines to be efficient
20372037 and effective including , but not limited to, web-based training.
20382038 B. Except as otherwise provided for in Secti on 3-137 of this
20392039 title, an applicant seeking to establish a virtual charter school
20402040 shall submit a written applica tion to the Statewide Charter School
20412041 Board, and an applicant seeking to establis h a charter school shall
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20682068 submit a written applica tion to the proposed sponsor as prescribed
20692069 in subsection E of this section . The application shall include:
20702070 1. A mission statement for the charter school or virtual
20712071 charter school;
20722072 2. A description includ ing, but not limited to, background
20732073 information of the organizational struct ure and the governing body
20742074 board of the charter school or virtual charter school ;
20752075 3. A financial plan for the first five (5) years of operation
20762076 of the charter school or virtual charter school and a description of
20772077 the treasurer or other o fficers or persons who shall have primary
20782078 responsibility for the finance s of the charter school or virtual
20792079 charter school. Such person shall have demonstrated experience in
20802080 school finance or the equivalent thereof;
20812081 4. A description of the hiring poli cy of the charter school or
20822082 virtual charter school ;
20832083 5. The name of the applicant or applicants and requested
20842084 sponsor;
20852085 6. A description of the facility and location of the charter
20862086 school;
20872087 7. A description of the grades being served;
20882088 8. An outline of criteria designed to measure the effectiveness
20892089 of the charter school or virtual charter school;
20902090 9. A demonstration of support for the charter school from
20912091 residents of the school district in which the charter school is to
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21182118 be located which may include but is not limited to a survey of t he
21192119 school district residents or a petition signed by residents of the
21202120 school district;
21212121 10. Documentation that the applicants completed charter school
21222122 training as set forth in subsection A of this section;
21232123 11. A description of the minimum and maximum enro llment planned
21242124 per year for each term of the charter contract;
21252125 12. The proposed calendar for th e charter school or virtual
21262126 charter school and sample daily schedule;
21272127 13. Unless otherwise authorized by law or regulation, a
21282128 description of the academic program aligned with state stan dards;
21292129 14. A description of the instructional design of the charter
21302130 school, or virtual charter school including the type of l earning
21312131 environment, class size and structure, curriculum overview and
21322132 teaching methods;
21332133 15. The plan for using internal and external assessments to
21342134 measure and report student progress on the performance framework
21352135 developed by the applicant in accordance with subsection C of
21362136 Section 3-135 3-136 of this title;
21372137 16. The plans for identif ying and successfully serving students
21382138 with disabilities, students who are English language learners and
21392139 students who are academically behind;
21402140 17. A description of cocurricular or extracurricular programs
21412141 and how they will be funded and delivered;
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21682168 18. Plans and time lines timelines for student recruitment and
21692169 enrollment, including lottery procedures;
21702170 19. The student discipline policies for the charter school, or
21712171 virtual charter school including those for special ed ucation
21722172 students;
21732173 20. An organizational chart that clearly presents the
21742174 organizational structure of the charter school , or virtual charter
21752175 school including lines of authority and reporting between the
21762176 governing board, staff, any related bodies such as advisory bodies
21772177 or parent and teacher councils and any external organizations that
21782178 will play a role in ma naging the school;
21792179 21. A clear description of the roles and responsibilities for
21802180 the governing board, the leadership and management team for the
21812181 charter school or virtual charter school, and any other entities
21822182 shown in the organizational chart;
21832183 22. The leadership and teach er employment policies for the
21842184 charter school or virtual charter sch ool;
21852185 23. Proposed governing bylaws;
21862186 24. Explanations of any partnerships or contractual
21872187 partnerships central to t he operations or mission of th e charter
21882188 school or virtual charter school ;
21892189 25. The plans for providing transp ortation, food service and
21902190 all other significant operational or ancillary services;
21912191 26. Opportunities and expectations for parental involvement;
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22182218 27. A detailed school star t-up plan that identifies task s, time
22192219 lines timelines and responsible individuals;
22202220 28. A description of the financi al plan and policies for the
22212221 charter school, or virtual charter school including financial
22222222 controls and audit requirements;
22232223 29. A description of the insurance coverage the cha rter school
22242224 or virtual charter school will obtain;
22252225 30. Start-up and five-year budgets with clearly stated
22262226 assumptions;
22272227 31. Start-up and first-year cash-flow projections with clearly
22282228 stated assumptions;
22292229 32. Evidence of anticipated fundraising contribu tions, if
22302230 claimed in the application;
22312231 33. A sound facilities plan, including backup or cont ingency
22322232 plans if appropriate;
22332233 34. A requirement that the charter school or virtual charter
22342234 school governing board meet at a minimum quarterly monthly in the
22352235 state and that for those charter schools outside of counties with a
22362236 population of five hundred tho usand (500,000) or more, that a
22372237 majority of members are residents within the geographic boundary of
22382238 the sponsoring entity charter school; and
22392239 35. A requirement that the charter school follow the
22402240 requirements of the Oklahoma Open Meeting Act and Oklahoma Open
22412241 Records Act; and
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22682268 36. A copy of proposed contracts between the governing board of
22692269 a charter school or virtual charter school and an educational
22702270 management organization, as defined by Section 5-200 of this title,
22712271 which meet the requirements of the Oklah oma Charter Schools Act .
22722272 C. A board of education of a public school district, public
22732273 body, public or private college or university, private person, or
22742274 private organization may contract with a sponsor to establish a
22752275 charter school. A private school shall not be eligible to contr act
22762276 for a charter school or virtual charter school under the provisions
22772277 of the Oklahoma Charter School s Act.
22782278 D. The sponsor of a charter school is the board of ed ucation of
22792279 a school district, the board of education of a te chnology center
22802280 school district, a higher education institu tion, the State Board of
22812281 Education, or a federally recognized Indian tribe w hich meets the
22822282 criteria established in Section 3 -132 of this title, or beginning
22832283 July 1, 2024, the Statewide Charter School Board. Any board of
22842284 education of a school district in the s tate may sponsor one or more
22852285 charter schools. The physical location of a charter school
22862286 sponsored by a board of education of a schoo l district or a
22872287 technology center school district shall be within the boundaries of
22882288 the sponsoring school district. The physical location of a charter
22892289 school otherwise spo nsored by the State Board of Education pursuant
22902290 to paragraph 8 of subsection A of Se ction 3-132 of this title shall
22912291 be in the school district in which th e application originated.
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23182318 E. An applicant for a charter school may submit an application
23192319 to a proposed sponsor which shall either accept or reject
23202320 sponsorship of the charter school withi n ninety (90) days of receipt
23212321 of the application. If the proposed sponsor rejects the
23222322 application, it shall notify the applicant in writing of the reasons
23232323 for the rejection. The applicant may submit a revised application
23242324 for reconsideration to the propos ed sponsor within thir ty (30) days
23252325 after receiving notification of th e rejection. The proposed sponsor
23262326 shall accept or reject the revised application within thirty (30)
23272327 days of its receipt. Should the sponsor reject the application on
23282328 reconsideration, the applicant may appeal the decision to the State
23292329 Board of Education w ith the revised application for review pursuant
23302330 to paragraph 8 of subsection A of Section 3 -132 of this title. The
23312331 State Board of Education shall hear the appeal no later than sixty
23322332 (60) days from the date re ceived by the Board.
23332333 F. A board of education o f a school district, board of
23342334 education of a technology center school district, a higher education
23352335 institution, or a federally recognized Indian tribe sponsor of a
23362336 charter school shall notify the State Board of Ed ucation and the
23372337 Statewide Charter School Bo ard when it accepts sponsorship of a
23382338 charter school. The notification shall include a copy of the
23392339 charter of the charter school.
23402340 G. Applicants for charter schools proposed to be sponsored by
23412341 an entity other than a school district pursuant to paragraph 1 of
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23682368 subsection A of Section 3 -132 of this title may, upon rej ection of
23692369 the revised application, proceed to binding arbitration under the
23702370 commercial rules of the American Arbitration Association with costs
23712371 of the arbitration to be borne by the proposed sponsor. Applicants
23722372 for charter schools proposed to be sponsored by school districts
23732373 pursuant to paragraph 1 of subsection A of Section 3 -132 of this
23742374 title may not proceed to binding arbitration but may be sponsored by
23752375 the State Statewide Charter School Board of Education as provided in
23762376 paragraph 8 7 of subsection A of Section 3 -132 of this title.
23772377 H. If a board of education of a technology center school
23782378 district, a higher educa tion institution, the State Board of
23792379 Education, or a federally recognized Indian tri be accepts
23802380 sponsorship of a charter school, the administrative, fiscal , and
23812381 oversight responsibilities of the technology center school district,
23822382 the higher education institu tion, or the federally recognized Indian
23832383 tribe shall be listed in the contract . No administrative, fiscal,
23842384 or oversight responsibilities of a charter school shall be delegated
23852385 to a school district unless the local school district agrees to
23862386 enter into a contract to assume the responsibilities.
23872387 I. A sponsor of a public charter school sh all have the
23882388 following powers and duties over charter schools it sponsors, and
23892389 the Statewide Charter School Board shall have the following powers
23902390 and duties over the charter schools and st atewide virtual charter
23912391 schools it sponsors:
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24182418 1. Provide oversight of the operations of charter schools in
24192419 the state through annual performance reviews of charter schools and
24202420 reauthorization of charter schools for which it is a sponsor ;
24212421 2. Solicit and evaluate charter applications;
24222422 3. Approve quality charter applications that meet identified
24232423 educational needs and promote a diversity of educational choices;
24242424 4. Decline to approve weak or inadequate charter applications;
24252425 5. Negotiate and execute sound char ter contracts with each
24262426 approved public charter school or virtual charter school;
24272427 6. Monitor, in accordance with charter contract term s, the
24282428 performance and legal compliance of charter school s and virtual
24292429 charter schools; and
24302430 7. Determine whether each charter contract merits renewal,
24312431 nonrenewal, or revocation.
24322432 J. Sponsors shall establish a procedure for accepting,
24332433 approving, and disapproving charter school applicat ions in
24342434 accordance with subsection E of this section. The Statewide Charter
24352435 School Board shall post its application, application process, and
24362436 application timelines on the Board's website.
24372437 K. Sponsors, including the Statewide Charter School Board,
24382438 shall be required to develop and maintain chartering policies and
24392439 practices consistent with recognized principles and standards for
24402440 quality charter authorizing as established by the State D epartment
24412441 of Education sponsoring in all major areas of authorizing sponsoring
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24682468 responsibility, including organizational capacity and
24692469 infrastructure, soliciting and evaluating charter school and virtual
24702470 charter school applications, performance contracting, ongoing
24712471 charter school and virtual charter school oversight and evaluation
24722472 and charter contract renewal decision-making.
24732473 L. Sponsors acting in t heir official capacity shall be immune
24742474 from civil and criminal liability with respect to all activities
24752475 related to a charter school with which they contract.
24762476 SECTION 7. AMENDATORY 70 O.S. 2021, Section 3 -136, is
24772477 amended to read as follows:
24782478 Section 3-136. A. A Beginning July 1, 2024, a written contract
24792479 entered into between the Statewide Charter School Board and the
24802480 governing board of a charter school or statewide virtual charter
24812481 school or a written contract entered into between a sponsor and the
24822482 governing board of a charter school shall adopt a charter which will
24832483 ensure compliance with the following:
24842484 1. A Except as provided for in the Oklahoma Charter Schools
24852485 Act, a charter school and virtual charter school shall be exempt
24862486 from all statutes and rules relating to schools, boards of
24872487 education, and school districts; provided, however, a charter school
24882488 or virtual charter school shall comply with all f ederal regulations
24892489 and state and local rules and statutes relating to health, safety,
24902490 civil rights, and insurance. By January 1, 2000, the State
24912491 Department of Education shall prepare a list of relevant rules and
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25182518 statutes which a charter school and virtual charter school must
25192519 comply with as required by this paragraph and shall annually provide
25202520 an update to the list;
25212521 2. A charter school and virtual charter school shall be
25222522 nonsectarian in its programs, admission policies, employment
25232523 practices, and all other operations. A sponsor including the
25242524 Statewide Charter School Board, may not authorize sponsor a charter
25252525 school, virtual charter school, or program that is affiliated with a
25262526 nonpublic sectarian school or religious institution;
25272527 3. The charter contract shall provide a description of the
25282528 educational program to be offered. A charter school or virtual
25292529 charter school may provide a comprehensive program of instruction
25302530 for a prekindergarten program, a kindergarten program, or any grade
25312531 between grades one and twelve. Instruction may be provided to all
25322532 persons between the ages of four (4) and twenty-one (21) years of
25332533 age. A charter school or virtual charter school may offer a
25342534 curriculum which emphasizes a specific learning philosophy or style
25352535 or certain subject areas such as mathematics, science, fine arts,
25362536 performance arts, or foreign language. The charter of a charter
25372537 school or virtual charter school which offers grades nine through
25382538 twelve shall specifically address whether the charter school or
25392539 virtual charter school will comply with the graduation require ments
25402540 established in Section 11-103.6 of this title. No charter sc hool or
25412541 virtual charter school shall be chartered for the purpose of
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25682568 offering a curriculum for deaf or blind students that is the same or
25692569 similar to the curriculum being provided by or for educating deaf or
25702570 blind students that are being served by the Oklah oma School for the
25712571 Blind or the Oklahoma School for the Deaf;
25722572 4. A charter school or virtual charter school shall participate
25732573 in the testing as required by the Oklahoma School Testing Prog ram
25742574 Act and the reporting of test results as is required of a schoo l
25752575 district. A charter school or virtual charter school shall also
25762576 provide any necessary data to the Office of Accountability within
25772577 the State Department of Education;
25782578 5. Except as provided for in the Oklahoma Charter Schools Act
25792579 and its charter, a charte r school shall be exempt from all statutes
25802580 and rules relating to schools, boards of education, and school
25812581 districts;
25822582 6. A charter school or virtual charter school, to the extent
25832583 possible, shall be subject to the same reporting requirements,
25842584 financial audits, audit procedures, and audit requirements as a
25852585 school district. The State Department of Education or State Auditor
25862586 and Inspector may conduct financial, program, or compliance audits.
25872587 A charter school or virtual charter school shall use the Oklahoma
25882588 Cost Accounting System to report financial transactions to t he
25892589 sponsoring school district State Department of Education. The
25902590 charter school or virtual charter school shall be subject to the
25912591 limitations on spending, including provisions of the Oklahoma
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26182618 Constitution, for any funds received from the state, either thr ough
26192619 the State Department of Education or other sources;
26202620 7. 6. A charter school or virtual charter school shall comply
26212621 with all federal and state laws relating to the education of
26222622 children with disabilities in the same manner as a school district;
26232623 8. 7. A charter school or virtual charter school shall provide
26242624 for a governing body board for the school which shall be responsible
26252625 for the policies and operational decisions of the charter school or
26262626 virtual charter school. A majority of the charter school or virtual
26272627 charter school governing board members shall be residents of this
26282628 state and shall meet n o less than monthly in a public meeting within
26292629 the boundaries of the school district in which the charte r school is
26302630 located or within this state if the governing board oversees
26312631 multiple charter schools in this state or oversees a virtual charter
26322632 school. The governing board of a charter school or virtual charter
26332633 school shall be subject to the same conflict of interest
26342634 requirements as a member of a school district board of education,
26352635 including but not limited to Sections 5-113 and 5-124 of this title.
26362636 Members appointed to the governing board of a charter school or
26372637 virtual charter school shall be subject to th e same instruction and
26382638 continuing education requirements as a member of a school district
26392639 board of education and pursuant to Section 5-110 of this title,
26402640 complete twelve (12) hours of instruction within fifteen (15) months
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26672667 of appointment to th e governing board, and pursuant to Section 5-
26682668 110.1 of this title, atten d continuing education;
26692669 9. 8. A charter school or virtual charter school shall not be
26702670 used as a method of generating revenue for students who are being
26712671 home schooled and are not being educated at an org anized charter
26722672 school site or by a virtual charter sc hool;
26732673 10. 9. A charter school may or virtual charter school shall be
26742674 as equally free and open to all s tudents as traditional public
26752675 schools and shall not charge tuition or fees;
26762676 11. 10. A charter school or virtual charter school shall
26772677 provide instruction each year for at least the number of days or
26782678 hours required in Section 1-109 of this title;
26792679 12. 11. A charter school or virtual charter school shall comply
26802680 with the student suspension requirements provi ded for in Section 24-
26812681 101.3 of this title;
26822682 13. 12. A charter school or virtual charter school shall be
26832683 considered a school district for purposes of tort liability under
26842684 The Governmental Tort Claims Act;
26852685 14. 13. Employees of a charter school or virtual charter school
26862686 may participate as members of the Teach ers' Retirement System of
26872687 Oklahoma in accordance with applicable statutes and rules if
26882688 otherwise allowed pur suant to law;
26892689 15. 14. A charter school or virtual charter school may
26902690 participate in all health and related insurance programs available
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27172717 to the employees of the sponsor of the charter school a public
27182718 school district;
27192719 16. 15. A charter school or virtual charter school and their
27202720 respective governing board s shall comply with the Oklahoma Open
27212721 Meeting Act and the Oklahoma Open Records Act;
27222722 17. 16. The governing body board of a charter school or virtual
27232723 charter school shall be subject to the same conflict of in terest
27242724 requirements as a member of a local school board promptly notify the
27252725 sponsor in the instance of any significant adverse actions, material
27262726 findings of noncompliance, o r pending actions, claims, or
27272727 proceedings in this state relating to the charter school or an
27282728 educational management organization with which the charter school
27292729 has a contract; and
27302730 18. 17. No later than September 1 each year, the governing
27312731 board of each charter school or virtual charter school formed
27322732 pursuant to the Oklahoma Charter Schools Act shall prepare a
27332733 statement of actual income and expenditures for the charter school
27342734 or virtual charter school for the fiscal year that ended on the
27352735 preceding June 30, in a manner compliant with Section 5-135 of this
27362736 title. The statement of expenditures shall include functional
27372737 categories as defined in rules adopted by the State Board of
27382738 Education to implement the Oklahoma Cost Accounting System pursuant
27392739 to Section 5-145 of this title. Charter schools and virtual charter
27402740 schools shall not be permitted to submit estimates of expenditures
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27672767 or prorated amounts to fulfill the requirements of this paragr aph;
27682768 and
27692769 18. A charter school or virtual charter school contract shall
27702770 include performance provisions based on a performance framework that
27712771 clearly sets forth the academic and operational pe rformance
27722772 indicators that shall be used by charter school and virtual charter
27732773 school sponsors to evaluate their res pective schools. The sponsor
27742774 may develop a separate performance framewor k to evaluate a charter
27752775 school or virtual charter school that the State Department of
27762776 Education has designated as implementing an alternative education
27772777 program throughout the school. The sponsor shall require a charter
27782778 school or virtual charter school to submit the data required in this
27792779 subsection in the identical format that is required by the State
27802780 Department of Education of all public schools in order to avoid
27812781 duplicative administrative efforts or allow a charter school or
27822782 virtual charter school to provide permission to the Dep artment to
27832783 share all required data with the Board. The performance framework
27842784 shall serve as the minimum requirement for charter school and
27852785 virtual charter school performance evaluation and shall include, but
27862786 not be limited to, the following indicators :
27872787 a. student academic proficiency,
27882788 b. student academic growth,
27892789 c. achievement gaps in both proficienc y and growth
27902790 between major student subgroups,
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28172817 d. student attendance,
28182818 e. recurrent enrollment from year to year as determined
28192819 by the methodology used for publi c schools in
28202820 Oklahoma,
28212821 f. in the case of high schools, graduation rates as
28222822 determined by the me thodology used for public schools
28232823 in Oklahoma,
28242824 g. in the case of high schools, postsecondary readiness,
28252825 h. financial performance and sustainability and
28262826 compliance with state and Internal Revenue Service
28272827 financial reporting requirements,
28282828 i. audit findings or deficiencies,
28292829 j. accreditation and timely reporting, and
28302830 k. governing board performance and stewardship, including
28312831 compliance with all applicable laws, regulations, and
28322832 terms of the charter contract.
28332833 The sponsor shall annually evaluate its charter schools
28342834 according to the performance framework. The results of the
28352835 evaluation shall be presented to the governing board of the charter
28362836 school and the governin g board of the charter school sponsor in an
28372837 open meeting.
28382838 B. A charter contract shall provide for one charter district
28392839 that may include multiple charter sites to the extent approved by
28402840 the sponsor and consistent with applicable law. An applicant or the
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28672867 governing board of an applicant may hold one or more charter
28682868 contracts. Each charter district that is part of a charter contract
28692869 shall be considered a local educational agency, as def ined in 20
28702870 U.S.C. Section 7801, and shall be separate and distinct from a ny
28712871 other charter district. For the purposes of this subsectio n,
28722872 "separate and distinct " shall mean that a charter school governing
28732873 board with oversight of more than one charter distr ict shall not
28742874 combine accounting, budgeting, recordkeeping, admissions,
28752875 employment, or policies and operational decisions of the charte r
28762876 schools it oversees.
28772877 C. The charter contract of a charter school or virtual charter
28782878 school shall include a description of the personnel policies,
28792879 personnel qualifications, and method of school governance, and the
28802880 specific role and duties of the sponsor of the charter school. A
28812881 charter school or virtual charter school shall not enter into an
28822882 employment contract with any teacher or other personnel until a
28832883 contract has been executed with its sponsor. The employment
28842884 contract shall set forth the personnel policies of the charter
28852885 school or virtual charter school including, but not limited to,
28862886 policies related to certification, professional development
28872887 evaluation, suspension, dismissal and nonreempl oyment, sick leave,
28882888 personal business leave, emergency leave, and family and medical
28892889 leave. The contract shall also specifically set forth the salary,
28902890 hours, fringe benefits, and wor k conditions. The contract may
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29172917 provide for employer-employee bargaining, but the charter school or
29182918 virtual charter school shall not be required to comply with the
29192919 provisions of Sections 509.1 through 509.10 of this title.
29202920 Upon contracting with any teache r or other personnel, the
29212921 governing board of a charter school or virtual charter school shall,
29222922 in writing, disclose employment rights of the employees in the event
29232923 the charter school or virtual charter school closes or the charter
29242924 contract is not renewed.
29252925 No charter school or virtual charter school may begin serving
29262926 students without a contract executed in accordance w ith the
29272927 provisions of the Oklahoma Charter Schools Act and approved in an
29282928 open meeting of the governing board of the sponsor or the Statewide
29292929 Charter School Board. The governing board of the sponsor or the
29302930 Statewide Charter School Board may establish reasonable preopening
29312931 requirements or conditions to monitor t he start-up progress of newly
29322932 approved charter schools or virtual charter schools and ensure that
29332933 each brick-and-mortar school is prepared to open smoothly on the
29342934 date agreed and to ensure that each school meets all build ing,
29352935 health, safety, insurance , and other legal requirements for the
29362936 opening of a school.
29372937 C. D. The charter of a charter school or virtual charter school
29382938 may be amended at the request of the go verning body board of the
29392939 charter school or virtual charter sc hool and upon the approval of
29402940 the sponsor.
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29672967 D. E. A charter school or virtual charter school may enter into
29682968 contracts and sue and be sued.
29692969 E. F. The governing body board of a charter school may or
29702970 virtual charter school shall not levy taxes or issue bond s. If a
29712971 school district proposes a bond where a charter school is located,
29722972 the school district shall include charter scho ols in all planning
29732973 conversations regarding the bond.
29742974 F. G. The charter of a charter school or virtual charter school
29752975 shall include a provision specifying the method or methods to be
29762976 employed for disposing of real and personal property acquired by the
29772977 charter school or virtual charter school upon expiration or
29782978 termination of the charter or failure of the charter school or
29792979 virtual charter school to continue operations. Except as otherwise
29802980 provided, any real or personal property purchased with state or
29812981 local funds shall be retained by the sponsoring school district
29822982 sponsor. If a charter school that was previous ly sponsored by the
29832983 board of education of a school district continues operation within
29842984 the school district under a new charter sponsored by an entity
29852985 authorized pursuant to Section 3-132 of this title, the charter
29862986 school may retain any personal property purchased with state or
29872987 local funds for use in the operation of the charter school until
29882988 termination of the new charter or failure of the charter school to
29892989 continue operations.
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30163016 SECTION 8. AMENDATORY 70 O.S. 2021, Section 3 -137, is
30173017 amended to read as follows:
30183018 Section 3-137. A. An approved An initial contract for between
30193019 a charter school or virtual charter school and its sponsor approved
30203020 on or after July 1, 2023, shall be effective for five (5) years from
30213021 the first day of operation. A After completing an initial f ive-year
30223022 term, a charter contract may be renewed for up to successive five-
30233023 year ten-year terms of duration, although the sponsor may vary the
30243024 term based on the performance, demonstrated cap acities, and
30253025 particular circumstances of each charter school. A sponsor may
30263026 grant renewal with sp ecific conditions for necessary improvements to
30273027 a charter school.
30283028 B. Prior to the beginning of the fourth year before the final
30293029 year of operation a charter contract renewal of a charter school or
30303030 virtual charter school, the sponsor shall issue a charter school
30313031 performance report and charter renewal application guidance to the
30323032 charter school and the charter school its governing board or the
30333033 virtual charter school and its governing board . The performance
30343034 report shall summarize the performance record to date of the charter
30353035 school or virtual charter school, based on the data required by the
30363036 Oklahoma Charter Schools Act, the annual performance framework
30373037 evaluation, the operating agreement review if the charter school or
30383038 virtual charter school contracts with an educational management
30393039 organization, and the charter contract and taking into consider ation
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30663066 the percentage of at-risk students enrolled in the school, and. The
30673067 performance report shall provide notice of any weaknesses or,
30683068 concerns, violations, or deficiencies perceived by the sponsor
30693069 concerning the charter school or virtual charter school that may
30703070 jeopardize its position in seeking renewal if not timely rectified.
30713071 The If there are weaknesses, concerns, violations, or deficie ncies
30723072 the sponsor may require a charter school or virtual charter school
30733073 to develop a corrective action plan and corr esponding timeline to
30743074 remedy any weaknesses, concerns, violations, o r deficiencies. If
30753075 the sponsor requires a corrective action plan, the charter school or
30763076 virtual charter school shall have forty-five (45) days to respond to
30773077 the performance report and submit any corrections or clarifications
30783078 for the report. If the charter school or virtual charter school
30793079 does not substantially complete the c orrective action plan, the
30803080 sponsor may choose not to renew the charter contract pursuant to the
30813081 requirements of this section.
30823082 C. 1. Prior to the beginning of the fifth final year of
30833083 operation, the charter school or virtual charter school may apply
30843084 for renewal of the contract with the sponsor, including the
30853085 Statewide Charter School Board. The renewal application guidance
30863086 shall, at a minimum, provide an opportunity for the charter school
30873087 or virtual charter school to:
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31143114 a. present additional evidence, beyond the data contained
31153115 in the performance report, supporting its case for
31163116 charter renewal,
31173117 b. describe improvements undertaken or planned for the
31183118 school, and
31193119 c. detail the plan for the next charter term for the
31203120 school.
31213121 2. The renewal application guidance shall include or refer
31223122 explicitly to the criteria that will guide the renewal decisions of
31233123 the sponsor, which shall be bas ed on the performance framework set
31243124 forth in the charter contract and consistent with the Oklahoma
31253125 Charter Schools Act.
31263126 D. The sponsor may deny the request for renewal if it
31273127 determines the charter school or virtual charter school has failed
31283128 to complete the obligations of the contract or comply with the
31293129 provisions of the Oklahoma Chart er Schools Act. A sponsor shall
31303130 give written notice of its intent to deny the request for renewal at
31313131 least eight (8) months prior to expiration of the contract. In
31323132 making charter renewal decisions, a sponsor shall:
31333133 1. Ground decisions on evidence of the performance of the
31343134 charter school or virtual charter school over the term of the
31353135 charter contract in accordance with the performance framework set
31363136 forth in the charter contract and shall take into consideration the
31373137 percentage of at-risk students enrolled in the school;
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31643164 2. Grant renewal to charter schools or virtual charter schools
31653165 that have achieved the standards, targets, and performance
31663166 expectations as stated in the charter contract and are
31673167 organizationally and fiscally viable and have been faithful to the
31683168 terms of the contract and applicable law;
31693169 3. Ensure that data used in making renewal decisions are
31703170 available to the school and the public; and
31713171 4. Provide a public report summarizing the evidence used as the
31723172 basis for each decision.
31733173 E. If a sponsor denies a request for renewal, the governing
31743174 board of the sponsor may, if requested by the charter school,
31753175 proceed to binding arbitration as provided for in subsection G of
31763176 Section 3-134 of this title.
31773177 F. A sponsor may terminate a contract during the term of the
31783178 contract for failure to meet the requirements for student
31793179 performance contained in the contract and performance framework,
31803180 failure to meet the standards of fiscal management, violations of
31813181 the law, or other good cause. The sponsor shall give at least
31823182 ninety (90) days' written notice to the governing board of the
31833183 charter school or virtual charter school prior to terminating the
31843184 contract. The governing board may request, in writing, an informal
31853185 hearing before the sponsor within fourteen (14) days of receiving
31863186 notice. The sponsor shall conduct an informal hearing before taking
31873187 action. If a sponsor decides to terminate a contract, the governing
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32143214 board may, if requested by t he charter school, proceed to binding
32153215 arbitration as provided for in su bsection G of Section 3-134 of this
32163216 title.
32173217 G. 1. Beginning in the 2016-2017 school year, the Stat e Board
32183218 of Education shall identify charter schools and virtual charter
32193219 schools in the state that are ranked in the bottom five percent (5%)
32203220 of all public schools as determined pursuant to Section 1210.545 of
32213221 this title.
32223222 2. At the time of its charter rene wal, based on an average of
32233223 the current year and the two (2) prior operating years, a sponsor
32243224 may close a charter school site or virtual charter school site
32253225 identified as being amon g the bottom five percent (5%) of publi c
32263226 schools in the state. The average of the current year and two (2)
32273227 prior operating years shall be calculated by using the percentage
32283228 ranking for each year divided by three, as determined by this
32293229 subsection.
32303230 3. If there is a change to the calculation des cribed in Section
32313231 1210.545 of this title that results in a charter school site or
32323232 virtual charter school site that was not ranked in the bottom five
32333233 percent (5%) being ranked in the bottom five percent (5%), then the
32343234 sponsor shall use the higher of the two rankings to calculate the
32353235 ranking of the charter school site or virtual charter school site.
32363236 4. In the event that a sponsor fails to close a charter school
32373237 site consistent with this subsection, the sponsor shall appear
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32643264 before the State Board of Education to provide support for its
32653265 decision. The State Board of Education may, by majority vote,
32663266 uphold or overturn the decision of the sponsor. If the decision of
32673267 the sponsor is overturned by the State Board of Education, the Board
32683268 may implement one of the foll owing actions:
32693269 a. transfer the sponsorship of the charter school
32703270 identified in this paragraph to another sponsor,
32713271 b. order the closure of the charter school identified in
32723272 this paragraph at the end of the current school year,
32733273 or
32743274 c. order the reduction of an y administrative fee
32753275 collected by the sponsor that is applicable to the
32763276 charter school identified in this paragraph. The
32773277 reduction shall become effective at the beginning of
32783278 the month following the month the hearing of the
32793279 sponsor is held by the State Boa rd of Education.
32803280 5. A charter school or virtual charter school that is closed by
32813281 the State Board of Education its sponsor pursuant to paragraph 4 of
32823282 this subsection shall not be granted a subsequent charter by any
32833283 other sponsor contract.
32843284 6. 5. The requirements of this subsection shall not apply to a
32853285 charter school or virtual charter school that has been designated by
32863286 the State Department of Education as implementing an alternative
32873287 education program throughout the charter school.
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33143314 7. 6. In making a charter school site or virtual charter school
33153315 closure decision, the State Board of Education sponsor shall
33163316 consider the following:
33173317 a. enrollment of students with special challenges such as
33183318 drug or alcohol addicti on, prior withdrawal from
33193319 school, prior incarceration , or other special
33203320 circumstances,
33213321 b. high mobility of the student population resulting from
33223322 the specific purpose of the charter school or virtual
33233323 charter school,
33243324 c. annual improvement in the performance of students
33253325 enrolled in the charter sch ool or virtual charter
33263326 school compared with the performance of students
33273327 enrolled in the charter school or virtual charter
33283328 school in the immediately preceding school year, and
33293329 d. whether a majority of students attendin g the charter
33303330 school or virtual charter school under consideration
33313331 for closure would likely revert to attending public
33323332 schools with lower academic achievement, as
33333333 demonstrated pursuant to Section 1210.545 of this
33343334 title.
33353335 8. 7. If the State Board of Educati on has closed or transferred
33363336 authorization of at least twenty-five percent (25%) of the charter
33373337 schools chartered by one sponsor are closed within a five-year
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33643364 period pursuant to paragraph 4 of this subsection, the authority of
33653365 the sponsor to authorize sponsor new charter schools may be
33663366 suspended by the Board Statewide Charter School Board until the
33673367 Board approves the sponsor to authorize sponsor new charter schools.
33683368 A determination under made pursuant to this paragraph to suspend the
33693369 authority of a sponsor to authorize new charter schools shall
33703370 identify the deficiencies that, if corrected, will result in the
33713371 approval of the sponsor to authorize sponsor new charter schools.
33723372 H. If a sponsor terminates a contract or the chart er school or
33733373 virtual charter school is closed, the closure shall be conducted in
33743374 accordance with the following pr otocol:
33753375 1. Within two (2) calendar weeks of a final closure
33763376 determination, the sponsor shall meet with the governing board and
33773377 leadership of the charter school or virtual charter school to
33783378 establish a transition team compos ed of school staff, applicant
33793379 staff, and others designated by the applicant that will attend to
33803380 the closure, including the transfer of students, student records,
33813381 and school funds;
33823382 2. The sponsor and transition team sh all communicate regularly
33833383 and effectively with families of students en rolled in the charter
33843384 school or virtual charter school, as well as with school staff and
33853385 other stakeholders, to keep them apprised of key information
33863386 regarding the closure of the school and their options and risks;
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34133413 3. The sponsor and transition team shall ensure that current
34143414 instruction of students enrolled in the charter school or virtual
34153415 charter school continues per the charter agreement contract for the
34163416 remainder of the school year;
34173417 4. The sponsor and transition team shall ensure that all
34183418 necessary and prudent notifications are issued to agencies,
34193419 employees, insurers, contractors, creditors, debtors, and management
34203420 organizations; and
34213421 5. The governing board of the charter school or virtual charter
34223422 school shall continue to meet as necessary to take actions needed to
34233423 wind down school operations, manage school finances, allocate
34243424 resources, and facilitate all aspects of closure.
34253425 I. A sponsor including the Statewide Charter School Board ,
34263426 shall develop revocation and nonren ewal processes that are
34273427 consistent with the Oklahoma Charter Schools Act and that:
34283428 1. Provide the charter school or virtual charter school with a
34293429 timely notification of the prospe ct of revocation or nonrenewal and
34303430 of the reasons for possible closure;
34313431 2. Allow the charter school or virtual charter school a
34323432 reasonable amount of time in which to prepare a response;
34333433 3. Provide the charter school or virtual charter school with an
34343434 opportunity to submit documents and give te stimony in a public
34353435 hearing challenging the rationale for closure and in support of the
34363436 continuation of the school at an orderly proceeding held for that
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34633463 purpose and prior to taking any final nonrenewal or revocation
34643464 decision related to the school;
34653465 4. Allow the charter school or virtual charter school access to
34663466 representation by counsel to call witnesses on its behalf;
34673467 5. Permit the recording of the proceedings; and
34683468 6. After a reasonable period for deliberation, require a final
34693469 determination be made and conveyed in writing to the charter sc hool
34703470 or virtual charter school .
34713471 J. If a sponsor revokes or does not renew a charter contract,
34723472 the sponsor shall clearly state in a resolution the reasons for the
34733473 revocation or nonrenewal. If a charter is revoked or nonrenewed,
34743474 the charter school or virtual charter school shall disclose the
34753475 revocation or nonrenewal in any subsequent application.
34763476 K. 1. Before a sponsor may issue a charter to a charter school
34773477 governing body that has had its charte r terminated or has been
34783478 informed that its charter will not be r enewed by the current
34793479 sponsor, the sponsor shall request to have the proposal reviewed by
34803480 the State Board of Education at a hearing. The State Board of
34813481 Education shall conduct a hearing in wh ich the sponsor shall present
34823482 information indicating that the pr oposal of the organizer is
34833483 substantively different in the areas of deficiency identified by the
34843484 current sponsor from the current proposal as set forth within the
34853485 charter with its current spons or.
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35123512 2. After the State Board of Education conducts a hearing
35133513 pursuant to this subsection, the Board sh all either approve or deny
35143514 the proposal.
35153515 3. If the proposal is denied, no sponsor may issue a charter to
35163516 the charter school governing body.
35173517 L. If a charter contract is not renewed, the governing board of
35183518 the charter school may submit an application to a proposed new
35193519 sponsor as provided for in Section 3-134 of this title.
35203520 M. L. If a charter contract is not renewed or is terminated
35213521 according to this section, a student who a ttended the charter school
35223522 or virtual charter school may enroll in the resident school district
35233523 of the student or may apply for a transfer in accordance with
35243524 Section 8-103 of this title.
35253525 SECTION 9. AMENDATORY 70 O.S. 2021, Section 3 -139, is
35263526 amended to read as follows:
35273527 Section 3-139. A. A sponsoring school district shall determine
35283528 whether a teacher who is employed by or teaching at a charter school
35293529 or virtual charter school and who was previously employed as a
35303530 teacher at the sponsoring public school district shall not lose any
35313531 right of salary status or any other benefit provided by law due to
35323532 teaching at a charter school or virtual charter school upon
35333533 returning to the sponsoring public school district to teach.
35343534 B. A teacher who is employed by or teaching at a charter school
35353535 or virtual charter school and who submits an employment application
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35623562 to the school district where the teacher was employed immediately
35633563 before employment by or at a charter school or virtual charter
35643564 school shall be given employment preference by the school district
35653565 if:
35663566 1. The teacher submits an employment application to the school
35673567 district no later than three (3) years after ceasing employment with
35683568 the school district; and
35693569 2. A suitable position is available at t he school district.
35703570 SECTION 10. AMENDATORY 70 O.S. 2021, Section 3 -140, is
35713571 amended to read as follows:
35723572 Section 3-140. A. Except for a charter school sponsored by the
35733573 State Board of Education, a A charter school with a brick-and-mortar
35743574 school site or sites shall enroll those students whose legal
35753575 residence is within the boundaries of the school district in which
35763576 the charter school is located and who submit a timely application,
35773577 or those students who transfer to the district in which the charter
35783578 school is located in accordance with Secti on 8-103 or 8-104 of this
35793579 title, unless the number of applications exceeds the capacity of a
35803580 program, class, grade level, or building. Students who reside in a
35813581 school district where a charter school i s located shall not be
35823582 required to obtain a transfer in order to attend a charter school in
35833583 the school district of residence. If capacity is insufficient to
35843584 enroll all eligible students, the charter school shall select
35853585 students through a lottery selection process. Except for a charter
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36123612 school sponsored by the State Board of Education, a A charter school
36133613 shall give enrollment preference to eligible students who reside
36143614 within the boundaries of the school district in which the charter
36153615 school is located. Except for a charter school sponsored by the
36163616 State Board of Education, a charter school created after November 1,
36173617 2010, shall give enrollment preference to eligible students who
36183618 reside within the boundaries of the school district in which the
36193619 charter school is located and who attend a school site that has been
36203620 identified as in need of improvement by the State Board of Education
36213621 pursuant to the Elementary and Secondary Education Act of 1965, as
36223622 amended or reauthorized. A charter school may limit admission to
36233623 students within a given age group or grade level. A char ter school
36243624 sponsored by the State Board of Education Statewide Charter School
36253625 Board when the applicant of the charter school is the Office of
36263626 Juvenile Affairs shall limit admission to youth that are in the
36273627 custody or supervision of the Office of Juvenile A ffairs.
36283628 B. Except for a charter school sponsored by the State Board of
36293629 Education, a A charter school shall admit students who reside in the
36303630 attendance area of a school or in a school district that is under a
36313631 court order of desegregation or that is a party to an agreement with
36323632 the United States Department of Education Office for Civil Rights
36333633 directed towards mediating alleged or proven racial discrimination
36343634 unless notice is received from the resident sc hool district that
36353635 admission of the student would viola te the court order or agreement.
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36623662 C. A charter school may designate a specific geographic area
36633663 within the school district in which the charter school is located as
36643664 an academic enterprise zone and may l imit admissions to students who
36653665 reside within that area . An academic enterprise zone shall be a
36663666 geographic area in which sixty percent (60%) or more of the children
36673667 who reside in the area qualify for the free or reduced school lunch
36683668 program.
36693669 D. Except as provided in subsections B and C of this section, a
36703670 charter school or virtual charter school shall not limit admission
36713671 based on ethnicity, national origin, gender, income level, disabling
36723672 condition, proficiency in the English language, measures of
36733673 achievement, aptitude, or athletic ability.
36743674 E. A sponsor of a charter school shall not restrict the number
36753675 of students a charter school or virtual charter school may enroll.
36763676 The capacity of the a charter school or virtual charter school shall
36773677 be determined annually quarterly by the governing board of the
36783678 charter school or virtual charter sch ool based on the ability of the
36793679 charter school to facilitate the academic success of the students,
36803680 to achieve the other objectives specified in the charter contract,
36813681 and to ensure that the student enrollment does not exceed the
36823682 capacity of its facility or site pursuant to the provisions of
36833683 Section 8-101.2 of this title.
36843684 F. Upon request of the charter school, the school district in
36853685 which the charter school is located shall provide directory
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37123712 information for students residing in the s chool district pursuant to
37133713 Section 24A.16 of Title 51 of the Oklahoma Statutes.
37143714 G. Beginning July 1, 2024, each statewide virtual charter
37153715 school which has been approved and spons ored by the Statewide
37163716 Charter School Board or any virtual charter school for which the
37173717 Board has assumed sponsorship as provided for in Section 1 of this
37183718 act shall be considered a statewide virtual charter school and the
37193719 geographic boundaries of each state wide virtual charter school shall
37203720 be the borders of the state.
37213721 H. Beginning July 1, 2024, students enrolled full-time in a
37223722 statewide virtual charter school sponsored by the Statewide Charter
37233723 School Board shall not be authorized to participate in any
37243724 activities administered by the Oklahoma Secondary Schools Activities
37253725 Association. However, the students may participate in intramural
37263726 activities sponsored by a statewide virtual charter school, an
37273727 online provider for the charter school, or any other outside
37283728 organization.
37293729 I. 1. Beginning July 1, 2024, a public school student who
37303730 wishes to enroll in a virtual c harter school shall be considered a
37313731 transfer student from his or her resident school district. A
37323732 virtual charter school shall pre-enroll any public school student
37333733 whose parent or legal guardian expresses intent to enroll in the
37343734 district. Upon pre-enrollment, the State Department of Education
37353735 shall initiate a transfer on a form to be completed by the receiving
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37623762 virtual charter school. Upon approval of the receiving virtual
37633763 charter school, the student may begin instructional activities.
37643764 Upon notice that a public school student has transferred to a
37653765 virtual charter school, the resident school district shall transmit
37663766 the student's records within three (3) school days.
37673767 2. The State Department of Education shall notify the
37683768 Legislature and Governor if it determi nes that the information
37693769 technology infrastructure necessary to process the transfer of
37703770 students to a virtual charter school is inadequate and additional
37713771 time is needed for implementation.
37723772 3. A public school student may transfer to one statewide
37733773 virtual charter school at any time during a school year. For
37743774 purposes of this subsection, "school year" shall mean July 1 through
37753775 the following June 30. After one statewide virtual charter school
37763776 transfer during a school year, no public school student shall be
37773777 permitted to transfer to any other statewide virtual charter school
37783778 without the concurrence of both the resident school district and the
37793779 receiving virtual charter school. A student shall have a grace
37803780 period of fifteen (15) school days from the first day of enrollment
37813781 in a statewide virtual charter school to withdraw without academic
37823782 penalty and shall continue to have the option of one virtual charter
37833783 school transfer without the concurrence of both districts during
37843784 that same school year. A statewide virtual charter school student
37853785 that has utilized the allowable one transfer pursuant to this
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38123812 subsection shall not be permitted to transfer to another district or
38133813 other statewide virtual charter school without first notifying his
38143814 or her resident district and initia ting a new transfer. Upon
38153815 cancellation of a transfer, the virtual charter school shall
38163816 transmit the student's records to the student's new school district
38173817 within three (3) school days. Students enrolled in a statewide
38183818 virtual charter school shall not be r equired to submit a virtual
38193819 charter transfer for consecutive years of enrollment. Any student
38203820 enrolled in a statewide virtual charter school the year prior to the
38213821 implementation of this section shall not be required to submit a
38223822 transfer in order to remain enrolled.
38233823 J. 1. Beginning July 1, 2024, a student shall be eligible to
38243824 enroll in a statewide virtual charter school sponsored by the
38253825 Statewide Charter School Board pursuant to Section 1 of this act if
38263826 he or she is a student whose parent or legal guardia n is transferred
38273827 or is pending transfer to a military installation within this state
38283828 while on active military duty pursuant to an official military
38293829 order.
38303830 2. A statewide virtual charter school shall accept applications
38313831 by electronic means for enrollment a nd course registration for
38323832 students described in paragraph 1 of this subsection.
38333833 3. The parent or legal guardian of a student described in
38343834 paragraph 1 of this subsection shall provide proof of residence in
38353835 this state within ten (10) days after the publish ed arrival date
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38623862 provided on official documentation. A parent or legal guardian may
38633863 use the following addresses as proof of residence:
38643864 a. a temporary on-base billeting facility,
38653865 b. a purchased or leased home or apartment, or
38663866 c. federal government or p ublic-private venture off-base
38673867 military housing.
38683868 4. The provisions of paragraph 3 of subsection H shall apply to
38693869 students described in paragraph 1 o f this subsection.
38703870 5. For purposes of this subsection:
38713871 a. "active military duty" means full-time military duty
38723872 status in the active uniformed service of the United
38733873 States, including members of the National Guard and
38743874 Military Reserve on active duty orders , and
38753875 b. "military installation" means a base, camp, post,
38763876 station, yard, center, homeport facility for any ship ,
38773877 or other installation under the jurisdiction of the
38783878 Department of Defense or the United States Coast
38793879 Guard.
38803880 SECTION 11. AMENDATORY 70 O.S. 2021, Section 3 -142, is
38813881 amended to read as follows:
38823882 Section 3-142. A. The student membership and attendance of the
38833883 a charter school shall be considered separate from the student
38843884 membership and attendance of the sponsor for the purpose of
38853885 calculating enrollment and funding including weighted average daily
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39123912 membership pursuant to Section 18-201.1 of this title and State Aid
39133913 pursuant to Section 18-200.1 of this title. A charter school shall
39143914 receive the State Aid allocation, federal funds to which it is
39153915 eligible and qualifies for, and any other state-appropriated revenue
39163916 generated by its students for the applicable year. Not more than
39173917 three percent (3%) of the State Aid allocation may be charged by the
39183918 sponsor as a fee for administrative services r endered if the sponsor
39193919 is a school district, a comprehensive or regional inst itution of
39203920 higher education, a community college, or a federally recognized
39213921 Indian tribe pursuant to Section 3-132 of this title. The Statewide
39223922 Charter School Board shall not charge any charter school or virtual
39233923 charter school a fee for administrative or other services. The
39243924 State Board of Education State Department of Education shall
39253925 determine the policy and procedure for making payments to a charter
39263926 school. The fee for administrative services as authorized in this
39273927 subsection shall only be assessed on th e State Aid allocation amo unt
39283928 and shall not be assessed on any other appropriated amounts. A
39293929 sponsor of a charter school shall not charge any additional State
39303930 Aid allocation or charge the charter school any additional fee above
39313931 the amounts allowed by this subsection unless the add itional fees
39323932 are for additional services rendered. The charter school sponsor
39333933 shall provide to the State Department of Education financial records
39343934 documenting any state funds charged by the sponsor for
39353935 administrative services ren dered for the previous yea r.
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39623962 B. The fee for administrative services authorized by subsection
39633963 A of this section shall be used by the sponsor to provide oversight
39643964 and services to the charter schools it sponsors. The State
39653965 Department of Education shall deve lop data codes for the Okl ahoma
39663966 Cost Accounting System, which shall be used to comply with the
39673967 administrative services reporting required by this section. A
39683968 charter school sponsor shall publish a detailed report on its
39693969 website and present the report in a p ublic meeting of the chart er
39703970 school governing board and the charter school sponsor governing
39713971 board. The report shall provide sponsor performance and
39723972 stewardship, including compliance with all applicable laws,
39733973 regulations, and terms of the charter contract and listing expenses
39743974 related to oversight and services provided by the sponsor to the
39753975 charter schools it sponsors.
39763976 1. The weighted average daily membership for the first year of
39773977 operation of a charter school shall be deter mined initially by
39783978 multiplying the actual enroll ment of students as of August 1 by
39793979 1.333. The charter school shall receive revenue equal to that which
39803980 would be generated by the estimated weighted average daily
39813981 membership calculated pursuant to this paragr aph. At midyear, the
39823982 allocation for the charter school shall be adjusted using the first
39833983 quarter weighted average daily membership for the chart er school
39843984 calculated pursuant to subsection A of this section.
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40114011 2. For the purpose of calculating weighted aver age daily
40124012 membership pursuant to Section 18-201.1 of this title and State Aid
40134013 pursuant to Section 18-200.1 of this title, the weighted average
40144014 daily membership for the first year of operation and each year
40154015 thereafter of a charter school or full-time statewide virtual
40164016 charter school sponsored by the State wide Virtual Charter School
40174017 Board shall be determined by multiplying the actual enrollment of
40184018 students as of August 1 by 1.333. The charter school or full-time
40194019 virtual charter school shall receive revenue equal to that which
40204020 would be generated by the estimated weig hted average daily
40214021 membership calculated pursuant to this paragraph. At midyear, the
40224022 allocation for the charter school or full-time statewide virtual
40234023 charter school shall be adjusted using the first quarter weighted
40244024 average daily membership for the charter school or virtual charter
40254025 school calculated pursuant to subsection A of this section .
40264026 C. Except as explicitly authorized by state law, a charter
40274027 school or virtual charter school shall not be eligible to receive
40284028 state-dedicated, local, or county revenue; provided, a charter
40294029 school or virtual charter school may be eligible to receive any
40304030 other aid, grants, or revenues allowed to other schools. A charter
40314031 school or virtual charter school shall be considered a local
40324032 education agency for purposes of funding.
40334033 D. Any unexpended funds received by a charter school or virtual
40344034 charter school may be reserved and used for future purposes. The
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40614061 governing body board of a charter school or virtual charter s chool
40624062 shall not levy taxes or issue bonds. If otherwise allowed by law,
40634063 the governing body board of a charter school or virtual charter
40644064 school may enter into private contracts for the purposes of
40654065 borrowing money from lenders. If the governing body board of the
40664066 charter school or virtual charter school borrows money, the charter
40674067 school or virtual charter school shall be solely responsible for
40684068 repaying the debt, and the state or the sponsor shall not in any way
40694069 be responsible or obligated to repay the debt.
40704070 E. Any charter school or virtual charter school which chooses
40714071 to lease property shall be eligible to receive current government
40724072 lease rates.
40734073 F. Except as otherwise provided in this subsection, each
40744074 charter school shall pay to the Charter School Closure Reimbursement
40754075 Revolving Fund created in subsection G of this section an amount
40764076 equal to Five Dollars ($5.00) per student based on average daily
40774077 membership, as defined by paragraph 2 of Section 18-107 of this
40784078 title, during the first nine (9) weeks of the school year. Each
40794079 charter school shall complete the payment every school year within
40804080 thirty (30) days after the first nine (9) weeks of the school year.
40814081 If the Charter School Closure Reimbursement Revolving Fund has a
40824082 balance of One Million Dollars ($1,000,000.00) or more on July 1, no
40834083 payment shall be required the following school year.
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41104110 G. There is hereby created in the State Treasury a revolving
41114111 fund for the State Department of Education Statewide Charter School
41124112 Board to be designated the "Charter School Closure Reimbursement
41134113 Revolving Fund". The fund shall be a cont inuing fund, not subject
41144114 to fiscal year limitations, and shall consist of all monies received
41154115 by the State Department of Education Statewide Charter School Board
41164116 from charter schools as provided in subsection F of this section.
41174117 All monies accruing to the credit of said the fund are hereby
41184118 appropriated and may be budgeted and expended by the State
41194119 Department of Education Statewide Charter School Board for the
41204120 purpose of reimbursing charter school sponsors for costs paying for
41214121 expenditures incurred due to the closure of a charter school.
41224122 Expenditures from said the fund shall be made upon war rants issued
41234123 by the State Treasurer against claims filed as prescribed by law
41244124 with the Director of the Office of Management and Enterprise
41254125 Services for approval and payment. The State Department of
41264126 Education may promulgate rules regarding sponsor eligibil ity for
41274127 reimbursement.
41284128 SECTION 12. AMENDATORY 70 O.S. 2021, Section 3 -143, is
41294129 amended to read as follows:
41304130 Section 3-143. The State Board of Education Statewide Charter
41314131 School Board shall issue an annual report to the Legislature a nd the
41324132 Governor outlining the status of charter schools and virtual charter
41334133 schools in the state. Each charter school and virtual charter
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41604160 school shall annually file a report with the Office of
41614161 Accountability. The report Statewide Charter School Board that
41624162 shall include such information as requested by the Office of
41634163 Accountability, Board including, but not limited to, information on
41644164 enrollment, testing, curricu lum, finances, and employees.
41654165 SECTION 13. AMENDATORY 70 O.S. 2021, Section 3-144, is
41664166 amended to read as follows:
41674167 Section 3-144. A. There is hereby created in the State
41684168 Treasury a fund to be designated the "Charter Schools Incenti ve
41694169 Fund". The fund shall be a continuing fund, not subject to fiscal
41704170 year limitations, and shall c onsist of all monies appropriated by
41714171 the Legislature, gifts, grants, devises, and donations from any
41724172 public or private source. The State Department of Educa tion
41734173 Statewide Charter School Board shall administer the fund for the
41744174 purpose of providing financia l support to charter school and virtual
41754175 charter school applicants and charter schools and virtual charter
41764176 schools for start-up costs and costs associated wit h renovating or
41774177 remodeling existing buildings and structures for use by a charter
41784178 school. The State Department of Education Statewide Charter School
41794179 Board is authorized to allocate funds on a per-pupil basis for
41804180 purposes of providing matching funds for th e federal State Charter
41814181 School Facilities Incentive Grants Program created pursuant to the
41824182 No Child Left Behind Act, 20 USCA, Section 7221d.
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42094209 B. The State Board of Education shall adopt rules to implement
42104210 the provisions of this section, including application and
42114211 notification requirements.
42124212 SECTION 14. AMENDATORY 70 O.S. 2021, Section 3 -145.5, as
42134213 amended by Section 2, Chapter 153, O.S.L. 2022 (7 0 O.S. Supp. 2022,
42144214 Section 3-145.5), is amended to read as follows:
42154215 Section 3-145.5 A. Notwithstanding any other provision o f law,
42164216 beginning July 1, 2014, no school district shall enter into a
42174217 virtual charter school contract with a provider to provide full-time
42184218 virtual education to students who do not reside wi thin the school
42194219 district boundaries.
42204220 B. Effective July 1, 2014, the Statewide Virtual Charter School
42214221 Board shall succeed to any contractual rights and responsibilities
42224222 incurred by a school dist rict in a virtual charter school contract
42234223 executed prior to Ja nuary 1, 2014, with a pro vider to provide full -
42244224 time virtual educatio n to students who do not reside within the
42254225 school district boundaries. All property, equipment, supplies,
42264226 records, assets, current and future liability, encumbrances,
42274227 obligations, and indebtedness associated with the contract shall be
42284228 transferred to the S tatewide Virtual Charter School Board.
42294229 Appropriate conveyances and other documents shall be executed to
42304230 effectuate the transf er of any property associated with the
42314231 contract. Upon success ion of the contract, the Board shall assume
42324232 sponsorship of the virtu al charter school for the remainder of the
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42594259 term of the contract. Prior to the end of the current term of the
42604260 contract, the Board shall allow the provider of the virtual charter
42614261 school to apply for renewal of the contract with the Boar d in
42624262 accordance with the renewal procedures established pursuant to
42634263 Section 3-145.3 of this title.
42644264 SECTION 15. AMENDATORY 70 O.S. 2021, Section 3 -145.7, is
42654265 amended to read as follows:
42664266 Section 3-145.7 There A. Until July 1, 2024, there is hereby
42674267 created in the State Treasury a revolving fund for the Statewide
42684268 Virtual Charter School Board to be designated the "Statewide Virtual
42694269 Charter School Board Revolving Fund". The fund shall be a
42704270 continuing fund, not subject to fiscal year limitations, and shall
42714271 consist of all monies received by the Statewide Virtual Charter
42724272 School Board from State Aid pursuant to Section 3 -145.3 of Title 70
42734273 of the Oklahoma Statutes this title or any other state
42744274 appropriation. All monies accruing to the credit of the fu nd are
42754275 hereby appropriated and may be budgeted and expended by the
42764276 Statewide Virtual Charter School Bo ard for the purpose of supporting
42774277 the mission of the Statewide Virtual Charter School Board.
42784278 Expenditures from the fund shall be made upon warrants issue d by the
42794279 State Treasurer against claims filed as prescribed by law with the
42804280 Director of the Office of Management and Enterprise Services for
42814281 approval and payment.
42824282
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43084308 B. On July 1, 2024, the Statewide Virtual Charter School Board
43094309 shall transfer any unencumber ed funds in the Statewide Virtual
43104310 Charter School Board Revolving Fund to the Statewide Charter School
43114311 Board Revolving Fund created pursuant t o Section 3 of this act. Any
43124312 funds which are unexpended o n January 1, 2025 shall be transferred
43134313 to the Statewide Charter School Board Revolving Fund.
43144314 SECTION 16. AMENDATORY 70 O.S. 2021, Section 3 -145.8, is
43154315 amended to read as follows:
43164316 Section 3-145.8 A. It shall be the duty of each vir tual
43174317 charter school approved and sponsored by the Statewide Virtual
43184318 School Board pursuant to the provisions of Section 3-145.3 of Title
43194319 70 of the Oklahoma Statutes Statewide Charter School Board to keep a
43204320 full and complete record of the attendance of all s tudents enrolled
43214321 in the virtual charter school in one o f the student information
43224322 systems approved by the State Department of Education and locally
43234323 selected by the virtual school from the ap proved list.
43244324 B. By July 1, 2020, the governing body board of each virtual
43254325 charter school shall adopt an attendance policy . The policy may
43264326 allow attendance to be a proportional amount of the required
43274327 attendance policy provision s based upon the date of enrollmen t of
43284328 the student. The attendance policy shall include the following
43294329 provisions:
43304330 1. The first date of attendance an d membership shall be the
43314331 first date the student comple tes an instructional activity.
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43584358 2. A student who at tends a virtual charter school sha ll be
43594359 considered in attendance for a quarter if the student:
43604360 a. completes instructional activities on no less than
43614361 ninety percent (90%) of the days within the quarter,
43624362 b. is on pace for on-time completion of the course as
43634363 defined by the governing board of the virtual charter
43644364 school, or
43654365 c. completes no less than seventy-two instructional
43664366 activities within the quarter of the academic year.
43674367 3. For a student who does not meet any of the criteria set
43684368 forth in paragraph 1 or 2 o f this subsection, the amount of
43694369 attendance recorded shall be the greater of:
43704370 a. the number of school days during which the student
43714371 completed the instructional activities during the
43724372 quarter,
43734373 b. the number of school days proportional to the
43744374 percentage of the course that has been completed, or
43754375 c. the number of school days proportional to the
43764376 percentage of the required minimum number of completed
43774377 instructional activities during the quarter.
43784378 C. For the purposes of this section, "instructional activities"
43794379 shall include instructional meetings wi th a teacher, completed
43804380 assignments that are used to record a grade for a student that is
43814381 factored into the student 's grade for the semester during which the
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44084408 assignment is completed, testing, and school-sanctioned field trips,
44094409 and orientation.
44104410 D. Each statewide virtual charter school approved and sponsored
44114411 by the Statewide Virtual Charter School Board pursuant to the
44124412 provisions of Section 3-145.3 of this title Statewide Charter School
44134413 Board shall offer a student orientatio n, notify the parent or legal
44144414 guardian and each student who enrolls in that school of the
44154415 requirement to participate in the student orientation, and r equire
44164416 all students enrolled to complete the student or ientation prior to
44174417 completing any other instruction al activity. The Statewide Virtual
44184418 Charter School Board Statewide Charter School Board shall promulgate
44194419 rules to develop materials for orientation.
44204420 E. Any student that is behind pace and does not complet e an
44214421 instructional activity for a fifteen-school-day period shall be
44224422 withdrawn for truancy. The virtual charter school shall submit a
44234423 notification to the parent or legal guardian of a student who has
44244424 been withdrawn for truancy or is approaching truancy.
44254425 F. A student who is reported for truancy two times in the same
44264426 school year shall be withdraw n and prohibited from enrolling in the
44274427 same virtual charter school for the remainder of the school year.
44284428 G. The governing body board of each statewide virtual char ter
44294429 school shall develop, adopt, and post on the school 's website a
44304430 policy regarding consequences for a student's failure to attend
44314431 school and complete instructional activities. The policy shall
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44584458 state, at a minimum, that if a student fails to consistently attend
44594459 school and complete instructional activities afte r receiving a
44604460 notification pursuant to su bsection E of this section and reasonable
44614461 intervention strategies have been implemented, a student shal l be
44624462 subject to certain consequences including withdraw al from the school
44634463 for truancy.
44644464 H. If a statewide virtua l charter school withdraws a student
44654465 pursuant to subsections F and G of this section, the virtual charter
44664466 school shall immediately notify the st udent's resident district in
44674467 writing of the student 's disenrollment.
44684468 I. The provisions of subsections F, G, and H of this section
44694469 shall not be in effect until the implementation of subsection H D of
44704470 Section 3-145.3 of this title.
44714471 J. The Statewide Virtual Charter School Board Statewide Charter
44724472 School Board may promulgate rules to implement the provisions of
44734473 this section.
44744474 SECTION 17. NEW LAW A new section of law to be codified
44754475 in the Oklahoma Statutes as Section 3-145.9 of Title 70, unless
44764476 there is created a duplication in numbering, reads as follows:
44774477 Beginning with the 2024-2025 school year, members of a charter
44784478 school sponsor governing board shall designate a representative from
44794479 the board to complete an annual sponsor workshop requ irement
44804480 provided by the Statewide Charter School Board for a minimum of two
44814481 (2) hours but not to exceed twelve (12) hours . The sponsor workshop
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45084508 shall include, but not be limited to, information regardin g the
45094509 Charter Schools Act, charter governance , Internal Revenue Services
45104510 rules for nonprofits, and school finance laws.
45114511 SECTION 18. AMENDATORY 70 O.S. 2021, Section 5 -200, is
45124512 amended to read as follows:
45134513 Section 5-200. A. As used in this section, "educational
45144514 management organization" means a for-profit or nonprofit
45154515 organization that recei ves public funds to provide administration
45164516 and management services for a charter school, statewide virtual
45174517 charter school or traditional public school.
45184518 B. A charter school that contracts with an educational
45194519 management organization shall use the Oklahoma C ost Accounting
45204520 System (OCAS) to report the total amount paid to an educational
45214521 management organization pursuant to the terms of the contract as
45224522 well as actual itemized expenditure information for the goods or
45234523 services provided by the management organizatio n as defined by OCAS
45244524 expenditure codes, inc luding the total compensation package of the
45254525 superintendent including the base salary, insurance, re tirement and
45264526 other fringe benefits.
45274527 C. Any Pursuant to Internal Revenue Service guidelines, any
45284528 owner of an educational management organization shall be re quired to
45294529 disclose to the governing board of the school in a public meeting
45304530 any ownership position i n any business that contracts or proposes to
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45574557 contract with the same public school that the educational management
45584558 organization is managing.
45594559 D. Whenever any person shall enter into a contract with any
45604560 school district or public charter school in the state t o teach in
45614561 such school district or public charter school the contract shall be
45624562 binding on the teacher and on the board of education until the
45634563 teacher legally has been discharged from the teaching position or
45644564 released by the board of education from the cont ract. Except as
45654565 provided in Section 5-106A of Title 70 of the Oklahoma Statutes this
45664566 title, until such teacher h as been thus discharged or released, the
45674567 teacher shall not have authority to enter into a contract with any
45684568 other board of education in Oklahom a for the same time covered by
45694569 the original contract. If upon written complaint by the board of
45704570 education in a district any teacher is reported to have fai led to
45714571 obey the terms of the contract p reviously made and to have entered
45724572 into a contract with anoth er board of education, including a public
45734573 charter school board of education, without having been released from
45744574 the former contract except as provided in Sec tion 5-106A of Title 70
45754575 of the Oklahoma Statutes this title, the teacher, upon being found
45764576 to be employed full-time for another public school, including a
45774577 public charter school in the state, at a hearing held befo re the
45784578 State Board of Education, shall have such teacher's certificate
45794579 suspended for the rema inder of the term for which the contract was
45804580 made.
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46074607 SECTION 19. AMENDATORY 70 O.S. 2021, Section 18-124, is
46084608 amended to read as follows:
46094609 Section 18-124. A. Any school district with an average daily
46104610 attendance (ADA) of more than one thousand five hundred (1,500)
46114611 students for the preceding year which expends for administrative
46124612 services in the 2005-06 school year or any school year thereafter,
46134613 less expenditures for legal services, more than five percent (5%) of
46144614 the amount it expends for total expenditures, less expenditures for
46154615 legal services, shall have the amount which exceeds the five percent
46164616 (5%) withheld the following year from the Foundati on and Salary
46174617 Incentive Aid for the school district.
46184618 B. Any school distric t with an average daily attendance (ADA)
46194619 of more than five hundred ( 500) students but not more than one
46204620 thousand five hundred (1,500) students for the preceding year which
46214621 expends for administrative services in the 2005 -06 school year or
46224622 any school year thereafter, less expenditures for legal services,
46234623 more than seven percent (7%) of the amount it expends for total
46244624 expenditures, less expenditures for legal services, shall have the
46254625 amount which exceeds the seven percent (7%) withheld the following
46264626 year from the Foundation and Salary Incentive Aid for the school
46274627 district.
46284628 C. Any school district with an average daily attendance (ADA)
46294629 of five hundred (500) or fewer students for the prece ding year which
46304630 expends for administrative services in the 2005-06 school year or
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46574657 any school year thereafter, less expenditures for legal servi ces,
46584658 more than eight percent (8%) of the amount it expends for total
46594659 expenditures, less expenditures for legal se rvices, shall have the
46604660 amount which exceeds the eight percent (8%) withheld the following
46614661 year from the Foundation and Salary Incentive Aid for the school
46624662 district.
46634663 D. The provisions of this section shall apply to charter
46644664 schools and virtual charter schoo ls which contract with an
46654665 educational management organization as defined in Section 5-200 of
46664666 this title. The expenditure limits shall not exce ed the percentages
46674667 prescribed in subsections A, B, and C of this section, and the
46684668 calculation of administrative s ervices for schools which contract
46694669 with an educational management organizat ion shall be the combined
46704670 amount of administrative services expended by the school and the
46714671 educational management organization.
46724672 E. For purposes of this section, "administrative services"
46734673 means costs associated with:
46744674 1. Staff for the board of education;
46754675 2. The secretary/clerk for the board of education;
46764676 3. Staff relations;
46774677 4. Negotiations staff;
46784678 5. Immediate staff of the superintendent, any elementary
46794679 superintendent or any assis tant superintendent;
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47064706 6. Any superintendent , elementary superintendent, or assistant
47074707 superintendent;
47084708 7. Any employee of a school district empl oyed as a director,
47094709 coordinator, supervisor, or who has responsibility for
47104710 administrative functions of a school d istrict; and
47114711 8. Any consultant hired by th e school district; and
47124712 9. Administrative services paid to an educational management
47134713 organization as defined in Section 5-200 of this title.
47144714 E. F. If an employee of a school district is employed in a
47154715 position where part of the employee's time is spent as an
47164716 administrator and part of the time is spent in nonadministrative
47174717 functions, the percentage of time spent as an administrator shall be
47184718 included as administrative services. A superintendent who spends
47194719 part of the time performing exempted nonadministrativ e services such
47204720 as teaching in the classroom, serving as a principal, counselor, or
47214721 library media specialist, can code up to forty percent (40%) of
47224722 their salary to other nonadministrative functions. The total amount
47234723 of time a superintendent of a school di strict spends performing
47244724 services for a school district shall be included as administrative
47254725 services even if part of the time the superintendent is performing
47264726 nonexempted nonadministrative service functions . The total amount
47274727 received by a superintendent from the school district as salary, for
47284728 the performance of administrative and nonexempted nonadminist rative
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47554755 services, shall be recorded under the code for superintendent salary
47564756 as provided for in the Oklahoma Cost Accounting System.
47574757 F. G. Each school site within a school district shall t ake
47584758 steps to ensure that the administrative costs for the school com ply
47594759 with the expenditure limits established for school districts in this
47604760 section.
47614761 G. H. Funds withheld pursuant to the provisions of this section
47624762 shall be distributed through the State Ai d formula to the districts
47634763 not so penalized.
47644764 H. I. For the 2003-04 and 2004-05 school year, school districts
47654765 shall report to the State Department of Education the costs
47664766 associated with administrative services for the school district as
47674767 defined in subsection D of this section.
47684768 SECTION 20. AMENDATORY 70 O.S. 2021, Section 1210.704,
47694769 is amended to read as follows:
47704770 Section 1210.704 A. Beginning with the 2024 –2025 school year,
47714771 all public high schools in this state shall make a minimum of four
47724772 advanced placement courses available to student s.
47734773 B. Local School district boards of education in each district
47744774 shall be responsible for ensuring annually that all high sch ool
47754775 students have access to advanced place ment courses beginning in the
47764776 2024-2025 school year. Such access may be provided through
47774777 enrollment in courses offered through:
47784778 1. A school site or sites within the district;
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48054805 2. A career and technology instituti on technology center school
48064806 within the district;
48074807 3. A An online learning program offered by the Statewide
48084808 Virtual Charter School Board Statewide Charter School Board or one
48094809 of its vendors; or
48104810 4. A school site or sites in another school district.
48114811 C. The Statewide Virtual Charter School Board Statewide Charter
48124812 School Board shall maintain an online learning platform to provide
48134813 high quality online learning opportunities for Oklahoma students
48144814 that are aligned with the subject matter standards adopted by the
48154815 State Board of Education pursuant to Sectio n 11-103.6 of Title 70 of
48164816 the Oklahoma Statutes this title. The Board shall implement o nline
48174817 courses, with an emphasis on science, technology, engineering, and
48184818 math (STEM) courses, foreign language courses, and advanced
48194819 placement courses. The online plat form shall be available to all
48204820 Oklahoma school districts.
48214821 D. The State Department of Ed ucation shall provide information
48224822 to all local boards of education, to be distributed to their
48234823 students and parents, on available opportunities and the enrollment
48244824 process for students to take advanced placement cour ses. The
48254825 information shall explain the v alue of advanced placement courses in
48264826 preparing students for postsecondary-level coursework, enabling
48274827 students to gain access to postsecondary opportunities, and
48284828 qualifying for scholarships and other financial aid o pportunities.
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48554855 E. The State Department of Education shall retain records of
48564856 which options outlined in subsection B of this section local boards
48574857 of education selected for their students and make the information
48584858 available on the Department's website.
48594859 F. As used in this section, "advanced placement course" shall
48604860 have the same meaning as provided in paragraph 1 of Section 1210.702
48614861 of Title 70 of the Oklahoma Statutes this title.
48624862 SECTION 21. REPEALER 70 O.S. 2021, Sections 3-135, 3-
48634863 145.1, 3-145.2, 3-145.3, and 3-145.4, are hereby repealed.
48644864 SECTION 22. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
48654865 16, 17, 18, 19, 20, and 21 of this act shall become effective July
48664866 1, 2024.
48674867 SECTION 23. Sections 1, 2, and 3 of this act shall become
48684868 effective July 1, 2023.
48694869 SECTION 24. It being immediately necessary for the preservation
48704870 of the public peace, he alth or safety, an emergency is hereby
48714871 declared to exist, by reason whereof this act shall take effect and
48724872 be in full force from and after its passage and approval.
48734873
48744874 59-1-7065 EK 01/10/23