Req. No. 7065 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature ( 2023)
HOUSE BILL 2076 By: Caldwell (Chad)
AS INTRODUCED
An Act relating to charter schools; creating the
Statewide Charter School Board; providing authority
of board beginning on certa in date; providing for
membership; requiring initial appointments by certain
date; providing terms of members; providing for
annual election of chair and vice-chair; allowing a
member to be removed for certain reasons; providing
for filling of vacancies; prohibiting certain
legislators from serving as members; providing for
travel reimbursement; requiring first mee ting of
Board to be held by certain date; providing for
frequency of meetings; specifying quorum
requirements; requiring virtual charter schools to
only be sponsored by the Statewide Charter School
Board beginning on certain date; abolishing the
Statewide Virtual Charter School Board upon certain
date; providing for succession to certain rights,
responsibilities, and agreements executed prior to
certain date; providing for transfer of powers,
duties, personnel, property, and other items ;
directing the Director of the Office of Management
and Enterprise Services to co ordinate certain
transfers; providing for succession of certain
contracts; providing for virtual charter school
sponsorship contract renewal; providing for
enforceability of certain ad ministrative rules;
granting rulemaking authority; providing for
succession to certain rights, responsibilities, and
agreements executed by the State Board of Education
prior to certain date; directing Statewide Charter
School Board to assume certain sponsorships;
providing for certain sponsorship renewal; permitting
certain charter schools to apply for sponsorship
renewal with the Statewide Charter School Bo ard;
establishing powers and duties of the Statewide
Req. No. 7065 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Charter School Board; reserving certain powers and
duties for the State Boa rd of Education; defining
terms; providing for preparation of a conversion
plan; requiring certain items to be included in plan;
mandating conversion to school to comply with certain
laws; exempting application of certain laws;
providing for funding of con version schools;
describing process for conv ersion school reversion;
requiring Board to make publicly available a list of
certain courses beginning on certain date; directing
the Board, in certain conjunction, to negotiate and
enter into contracts with certain providers; creating
the Statewide Charter School Board Revolving Fund;
specifying sources of fund; providing for
expenditures; providing purpose of fund; amending 70
O.S. 2021, Section 3 -104, which relates to powers and
duties of the State Board of Ed ucation; updating
statutory references; modi fying reference from the
Statewide Virtual Char ter School Board to the
Statewide Charter School Board; amending 70 O.S.
2021, Sections 3-132, as amended by Section 1,
Chapter 222, O.S.L. 2022 , 3-134, as amended by
Section 2, Chapter 222, O.S.L. 2022 , 3-136, 3-137, 3-
139, 3-140, 3-142, 3-143, and 3-144 (70 O.S. Supp.
2022, Sections 3-132 and 3-134), which relate to
implementation of the Oklahoma Charter Schools Act;
modifying eligibility of certain entities to sponsor
charter schools; updating entity reference; excepting
existing charter schools from certain limitation;
striking duplicative language; transferring certain
training duty from the State Department of Education
to the Statewide Charter School Board ; requiring
training after certain date for certain sponsors;
establishing deadline for training development and
implementation; modifying application process and
contents for certain schools; requiring certain
governing boards to meet monthly at a minimum;
including copies of certain contracts in application;
prohibiting certain entities from contracting with a
private school; removing references to charter
schools sponsored by certain entities; deleting
limitation of physical locations for certain c harter
schools; striking appeals process for certain sponsor
rejections; prohibiting delegation of certain
responsibilities to a school district; providing for
powers and duties of charter school and virtu al
charter school sponsors; requiring Statewide Charter
Req. No. 7065 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
School Board to post certain in formation on its
website; modifying contents of certain written
contracts beginning on certain date; providing
exemption from certain statutes and rules for charter
schools and virtual charter schools; re quiring
charter contract to describe educational pro gram
being offered; subjecting charter schools and virtual
charter schools to certain limitations on spe nding;
prescribing requirements for governing board members;
subjecting governing board to certain conflict of
interest requirements; requiring governing board to
comply with certain instruction and continuing
education requirements; requiring notification to
sponsor of certain significant actions; requiring
charter contracts to include certain performance
provisions; authorizing sponsor to develop a separate
performance framework; requiring submission of da ta
in certain identical format; prescribing minimum
framework for performance evaluation; including
certain indicators of evaluation; requiring annual
evaluation of performance framework; mandating
presentation of evaluation results in certain open
meeting; limiting provisions of charter contracts;
permitting an applicant to hold multiple charter
contracts; defining term; prohibiting certain schools
from entering into certain employment contract under
certain circumstances; providing for contents of
employment contract; requiring disclosure of
employment rights; prohibiting certain schools from
serving certain students without certain contract;
authorizing sponsor to establish certain requirements
or conditions for certain schools; updating
references; requiring certain school district to
include charter school in bond issue planning;
providing for increase in length of certain charter
contracts; prescribing a performanc e report prior to
the final year of a charter contract renewal;
including certain information in report; permitting
sponsor to require char ter school to develop a
corrective action plan; authorizing non renewal of
contract in certain cases; deleting requirement of
sponsor to appear before the State Board of Education
in certain circumstances; requiring certain school to
disclose revocation or nonrenewal in a subsequent
application; including virtual charter schools in
teacher salary and hiring provisions ; updating
statutory language; requirin g certain school district
Req. No. 7065 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to provide directory information for students
residing in the district upon re quest; prescribing
geographic boundaries for virtual charter schools;
prohibiting certain students from participating in
certain activities; permitting participation in
intramural activities; designating certain students
as transfer students ; prescribing process for
enrollment in virtual charter school; req uiring
transmission of student records within certain time;
directing certain notification if technology
infrastructure is inadequate; pre scribing limitation
of student transfers; defining term; prohibi ting
additional transfer without certain concurrence;
providing a grace period for withdrawal; requiring
certain notification; providing for transfer for
students who have a parent or guardian in the
military; prescribing process for transfer; defin ing
terms; prohibiting the Statewide Charter School Board
from charging a fee for administrative or other
services; specifying how sponsor fee should be used;
directing development of certain data codes for
reporting expenditures; requiring sponsor to publish
certain report on its website; mandating sponsor to
present report in public meeting; providing content
for report; updating statutory language; transferring
oversight authority of the Charter School Closure
Reimbursement Revolving Fund; reassigning duty to
submit certain annual report; modifying authority
over the Charter Schools Incentive Fund; amending 70
O.S. 2021, Sections 3 -145.5, as amended by Section 2,
Chapter 153, O.S.L. 2022 (70 O.S. Supp. 2022, Section
3-145.5), 3-145.7, and 3-145.8, which relate to
virtual charter schools; deleting outdated language;
granting Statewide Virtual Charter School Board
authority over certain revolving fund until certain
date; transferring funds to certain revolving fund on
certain date; updating statutory references to
Statewide Charter School Board; requiring sponsor
governing board to designate representative to
complete annual sponsor workshop requirement;
including specified topics in workshop; amending 70
O.S. 2021, Section 5 -200, which relates to management
organizations; requiring amounts paid to certain
organizations be pursuant to contract terms;
mandating disclosure pu rsuant to certain guideline s;
updating statutory citations; amending 70 O.S. 2021,
Section 18-124, which relates to limitations on
Req. No. 7065 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
administrative services expenditures; providing
applicability of limitation to certain schools;
clarifying calculation for sp ecified schools;
modifying definition; amending 70 O.S. 2021, Section
1210.704, which relates to the provision of advanced
placement courses; updating references to the
Statewide Charter School Board ; repealing 70 O.S.
2021, Sections 3-135, 3-145.1, 3-145.2, 3-145.3, and
3-145.4, which relate to sponsor contract guidelines
and meetings and rule promulgation of the Statewide
Virtual Charter School Board; providing for
codification; providing effective dates; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-132.1 of Title 70, unless
there is created a duplication in n umbering, reads as follows:
A. There is hereby created the Statewide Charter Schoo l Board.
Beginning July 1, 2024, the Board shall have the sole authority t o
sponsor statewide virtual charter schools in this state and may
sponsor charter schools in this state. The Board shall be composed
of nine (9) voting members as follows:
1. Three members appointed by the Governor, one of whom shall
initially be a person appointed by the Governor and currently
serving as a member of the Statewide Virtual Charter School Board
and one of whom shall possess strong experience and expertise in
virtual charter schools;
Req. No. 7065 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Two members appointed by t he President Pro Tempore of the
Senate, one of whom shall initially be a person appointed by the
President Pro Tempore and cu rrently serving as a member of the
Statewide Virtual Charter School Board;
3. Two members appointed by the Speaker of the House of
Representatives, one of whom shall initially be a person appointed
by the Speaker and currently serving a s a member of the Statewide
Virtual Charter School Board ;
4. The State Superintendent of Public Instruct ion or his or her
designee; and
5. The State Auditor and Inspector or his or her designee.
B. Initial appointments shall be made by August 31, 2023. The
President Pro Tempore of the Senate and the Speaker of the House of
Representatives shall each appoi nt one member for one (1) year and
one member for two (2) years. The Governor shall appoint one member
for one (1) year and two members for two (2) years. Members shall
serve until their successors are duly appointed for a term of three
(3) years. Appointments shall be made by and take effect on July 31
of the year in which the appointment is made. Annually by December
30, the Board shall elect from its membership a chair and vice-
chair. Members appointed to the Statewide Charter School Board
shall collectively possess strong experience and expertise in public
and nonprofit governance, management and finance, assessment,
curriculum and instruction, pub lic charter schools, and public
Req. No. 7065 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
education law. All appointed members of the Statewide Charter
School Board shall have demonstrated an understanding of and a
commitment to charter schools as a strategy for strengthening public
education.
C. A member may be removed from the Board by the appointing
authority for cause which shall include, but not be lim ited to:
1. Being found guilty by a court of competent j urisdiction of a
felony or any offense involving moral turpitude;
2. Being found guilty of malfeasance, misfeasance, or
nonfeasance in relation to Board dutie s;
3. Being found mentally incompetent b y a court of competent
jurisdiction; or
4. Failing to attend three successive meetings of the Board
without just cause, as determined by the Board.
D. Vacancies shall be filled by the appointing authority.
E. No member of the Senate or House of Represen tatives may be
appointed to the Board while serving as a member of the Legislature.
F. Members of the Statewide Charter School Board shall n ot
receive compensation but shall be reimbursed for nec essary travel
expenses pursuant to the provisions of the State Travel
Reimbursement Act.
G. The Statewide Charter School Board shall meet at the call of
the chair. The first meeting of the Board shall be held no later
than sixty (60) days after the effective date o f this act.
Req. No. 7065 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
H. Five members of the Board s hall constitute a quorum, and an
affirmative vote of at l east five members shall be required for the
Board to take any final action.
I. Beginning July 1, 202 4, statewide virtual charter schools
shall be sponsored only by the Statewide Charter School Board
created pursuant to this section. Effective July 1, 202 4, the
Statewide Virtual Charter School Board shall be abolished and the
Statewide Charter School Board shall succeed to any contractual
rights and responsibilities and settlement agreements incurred by
the Statewide Virtual Charter School Board in a virtual charter
school sponsorship contract executed prior to July 1, 2024.
1. All powers, duties, responsibilities, polic ies, personnel,
property, equipment, supplies, records, assets, funds, current and
future liabilities, encumbrances, o bligations, and indebtedness of
the Statewide Virtual Charter School Board or associated with a
virtual charter school sponsorship c ontract entered into by the
Statewide Virtual Charter School Board prior to July 1, 202 4, shall
be transferred to the Statewide Charter School Board. No items
shall be expended or used for any purpose other than the performance
of duties and responsibilities as directed and required in this act.
Appropriate conveyances and other documents shall be executed to
effectuate the transfer of property associated with a sponsorship
contract. The Statewide Charter School Board may contract fo r
Req. No. 7065 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
additional legal and administrative services as necessary to
effectuate the transfers pr ovided in this subsection.
2. The Director of the Office of Management and Enterprise
Services shall coordinate the transfer of funds, allotments,
purchase orders, and outstanding financ ial obligations and
encumbrances relating to the regulation of virtual charter schools
as transferred pursuant to the provisions of this act.
3. Upon succession of sponsors hip contracts, the Statewide
Charter School Board shall assume sponsorship of the v irtual charter
schools for the remainder of the term of the contracts. Prior to
the end of the current term of the contract, the Statewide Charter
School Board shall allow a virtual charter school to apply for
renewal of the sponsorsh ip contract in accord ance with the renewal
procedures established pursuant to Section 3 -137 of Title 70 of t he
Oklahoma Statutes.
4. Effective July 1, 202 4, all administrative rules promulgate d
by the Statewide Virtual Charter School Board relating to th e
implementation and enforcement of the Oklahoma Charter Schools Act
shall be enforceable by the Statewide Charter School Board. The
rules shall continue in force and effect and the Executive Director
of the Statewide Charter School Board shall ha ve authority to amend ,
repeal, recodify, or make additions to the rules pursuant to the
Administrative Procedures Ac t.
Req. No. 7065 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
J. Effective July 1, 2024, the Statewide Charter School Board
shall succeed to any contractual rights and responsibilities and
settlement agreements incurred by the State Board of Education in a
charter school sponsorship contract ex ecuted prior to July 1, 2024.
All property, equipment, supplies, record s, assets, funds, current
and future liabilities, encumbrances, obligations, and indebtedness
associated with a charter school sponsorship contract entered into
by the State Board of Education prior to J uly 1, 2024, shall be
transferred to the Statewide Charter School Board. Appropriate
conveyances and other documents shall be executed to effectuate the
transfer of property associated with a sponsorship contract. Upon
succession of sponsorship contracts, the Statewide Charter School
Board shall assume sponsors hip of the charter schools for the
remainder of the term of the contracts. Prior to the end of the
current term of the contract, the Statewide Charter School Board
shall allow a charter school to apply for renewal of the sponsorship
contract in accordance with the renewa l procedures established
pursuant to Section 3-137 of Title 70 of the Oklahoma Statutes.
K. Beginning July 1, 2024, at the end of the current te rm of a
charter school sponsorship contract with a school district, an
accredited comprehensive or regiona l institution that is a member of
The Oklahoma State System of Higher Education, a community college,
or a federally recognized Indian tribe , a charter school may apply
Req. No. 7065 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
for contract renewal with the Statewide Charter School Board for
sponsorship.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 3-132.2 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Beginning July 1, 2024, and subject to the requirements of
the Oklahoma Charter Schools Act, the Statewide Charter School Board
shall:
1. Provide supervision and oversight of the operations of
statewide virtual charter schools in this state and charter schools
for which the Statewide Charter School Board is the sponsor ,
recommend legislation pertaining to charter schools to the
Legislature, and promulgate rules and policies that the Board deems
necessary to accomplish the purposes prescribed in this section;
2. Ensure compliance with state law s and training requirements
for all charter schools, virtual charter schools, and sponsors ;
3. Establish a procedure for accepting, approving, and
disapproving charter school and statewide virtual charter school
applications and a process for renewal or revocation of approved
charter school contracts which meet the procedures set forth in the
Oklahoma Charter Schools Act;
4. Hire an executive director an d other staff for its
operation;
Req. No. 7065 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. Prepare a budget for expenditur es necessary for the proper
maintenance of the Board and accomplishment of its purpose;
6. Comply with the requirements of the Oklahoma Open Meeting
Act and Oklahoma Open Records Act ; and
7. Give priority to opening charter schools and virtual charter
schools that serve at-risk student populations or students from low-
performing traditional public schools.
B. The State Board of Education shall be responsible for
accreditation of charter schools and virtual charter schools and
ensure compliance with speci al education laws and federal laws and
programs administered by the State B oard of Education.
C. 1. For purposes of the Oklahoma Charter Schools Act,
"charter school" means:
a. prior to July 1, 202 4, a public school established by
contract with a school district board of education, a
technology center school district , a higher education
institution, a federally recognized Indian tribe, or
the State Board of Education, and
b. on July 1, 2024, and after, a public school
established by contract with a school district board
of education, a higher education institution, a
federally recognized Indian tribe, or the Statewide
Charter School Board,
Req. No. 7065 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to provide learning that will improve student achievement and as
defined in the Elementary and Secondary Edu cation Act of 1965, 20
U.S.C. 8065.
2. A charter school may consist of a new school site, new
school sites, or all or any portion of an existing school site. An
entire school district may not become a charter school site.
D. 1. For purposes of the Oklahoma Charter Schools Act,
"conversion school" means a school created by converting all or any
part of a traditional public school to access any or all
flexibilities afforded to a charter school ; provided, however, all
or any part of a traditio nal public school may not be converte d to a
virtual charter school .
2. Prior to the board of education of a school district
converting all or any part of a traditional public school to a
conversion school, the board shall prepare a conversion plan. The
conversion plan shall include document ation that demonstrates and
complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134
of Title 70 of the Oklahoma Statutes. The conversion plan and all
documents shall be in writ ing and shall be available to the pub lic
pursuant to the requirements of the Oklahoma Open Records Act. All
votes by the board of education of a school district to approve a
conversion plan shall be held in an open public session. If the
board of education of a school district votes to appr ove a
Req. No. 7065 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
conversion plan, the board shall notify the State Board of Education
within sixty (60) days after the vote. The notification shal l
include a copy of the minutes for the board meeting at which the
conversion plan was approved.
3. A conversion school shall comply with all the same
accountability measures as are required of a charter school as
defined in subsection B of this section. The provisions of Sections
3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply
to a conversion school. Conversion schools shall comply with the
same laws and State Board of Education rules relating to student
enrollment which apply to tr aditional public schools. Conversion
schools shall be funded by the board of educa tion of the school
district as a school site within the school district and funding
shall not be affected by the conversion of the school.
4. The board of education of a sc hool district may vote to
revert a conversion school back to a traditional public s chool at
any time; provided, the chan ge shall only occur during a break
between school years.
5. Unless otherwise provided for in this subsection, a
conversion school shall retain the characteristics of a traditional
public school.
E. 1. Beginning July 1, 2024, the Statewide Charter School
Board shall make publicly available a list of supplemental online
courses which have been reviewed and certified by the Board to
Req. No. 7065 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ensure that the courses are high quality options and are aligned
with the subject matter standards adopted by the State Board of
Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma
Statutes. The Statewide Charter School Board shall give special
emphasis on listing supplemental online courses in science,
technology, engineering, and math (STEM), foreign language, and
advanced placement courses. School districts shall not be limited
to selecting supplemental online courses that have been reviewed a nd
certified by the Statewide Charter School Board and listed as
provided for in this paragraph.
2. In conjunction with the Office of Management and Enterprise
Services, the Board shall negotiate and enter into contracts with
supplemental online course pr oviders to offer a state rate price to
school districts for supplemental online cou rses that have been
reviewed and certified by the Statewide Charter School Board and
listed as provided for in this subsection.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-132.3 of Title 70, unless
there is created a dup lication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Statewide Charter School Board to be designated the
"Statewide Charter School Board Revolving Fund". The fund shall be
a continuing fund, not s ubject to fiscal year limitations, and shall
consist of all monies received by the Statewide Charter School Board
Req. No. 7065 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
from state appropriations. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Statewide Charter School Board for the purposes set forth in Section
2 of this act. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims f iled as
prescribed by law with the Director of the Office of Management an d
Enterprise Services for approval and payment.
SECTION 4. AMENDATORY 70 O.S. 2021, Section 3 -104, is
amended to read as follows:
Section 3-104. A. The supervision of the public school system
of Oklahoma shall be vested in the State Board of Education and,
subject to limitations otherwise provided by law, the State Board of
Education shall:
1. Adopt policies and make rules for the operation of the
public school system of the state;
2. Appoint, prescribe the duties, and fix the compensation of a
secretary, an attorney, and all other personnel necessary for the
proper performance of the funct ions of the State Board of Education.
The secretary shall not be a member of the Board;
3. Submit to the Governor a departmental bud get based upon
major functions of the Department as prepared by the State
Superintendent of Public Instruction and support ed by detailed data
on needs and proposed operations as partially determined by the
budgetary needs of local school districts filed wi th the State Board
Req. No. 7065 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of Education for the ensuing fiscal year. Appropriations therefor
shall be made in lump-sum form for each major item in the budget as
follows:
a. State Aid to schools,
b. the supervision of all other functions of general and
special education including general control, free
textbooks, school lunch, Indian education, and all
other functions of the Board and an amount sufficient
to adequately staff and administer these services, and
c. the Board shall determine the details by which the
budget and the appropriations are administered.
Annually, the Board shall make preparations to
consolidate all of the functio ns of the Department in
such a way that the budget can be based on two items,
administration and aid to schools. A maximum amount
for administration shall be designated as a part of
the total appropriation;
4. On the first day of December preceding each regular session
of the Legislature, prepare and deliver to the Governor and the
Legislature a report for the year ending June 30 immed iately
preceding the regular session of the Legislature. The report shall
contain:
a. detailed statistics and other infor mation concerning
enrollment, attendance, expenditures including State
Req. No. 7065 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Aid, and other pertinent data for all public schools
in this state,
b. reports from each and every division within the State
Department of Education as submitted by the State
Superintendent of Public Instruction and any other
division, department, institution, or other agency
under the supervision of the Board,
c. recommendations for the improvement of the public
school system of the state,
d. a statement of the receipts and expenditures of the
State Board of Education for the past year, and
e. a statement of plans and recommendations for the
management and improvement of public schools and such
other information relating to the educational
interests of the state as may be deemed necessary and
desirable;
5. Provide for the formulation and adoption of curricula,
courses of study, and other instructional aids necessary for the
adequate instruction of pupils in the public schools;
6. Have authority in matters pertaining to the licensure and
certification of persons for instructional, supervisory, and
administrative positions and services in the public schools of the
state subject to the provisions of Section 6-184 of this title, and
shall formulate rules governing the issuance and revocation of
Req. No. 7065 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
certificates for superintendents of schools, principals,
supervisors, librarians, clerical employees, school nurses, school
bus drivers, visiting teachers, classroom teachers, and for other
personnel performing instructional, administrative, and supervisory
services, but not including members of boards of education and other
employees who do not work directly with pupils, and may charge a nd
collect reasonable fees for the issuance of such certificates:
a. the State Department of Education shall not issue a
certificate to and shall revoke the certificate of any
person who has been convicted, whether upon a verdict
or plea of guilty or upon a plea of nolo contendere,
or received a suspended sentence or any probationary
term for a crime or an attempt to comm it a crime
provided for in Section 843.5 of Title 21 of the
Oklahoma Statutes if the offense involved sexual abuse
or sexual exploitation as those terms are defined in
Section 1-1-105 of Title 10A of the Oklahoma Statutes,
Section 741, 843.1, if the offens e included sexual
abuse or sexual exploitation, 865 et seq., 885, 888,
891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
1111.1, 1114 or 1123 of Title 21 of the Oklahoma
Statutes or who enters this state and who has been
convicted, received a suspended sent ence, or received
a deferred judgment for a crime or attempted crime
Req. No. 7065 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
which, if committed or attempted in this state, would
be a crime or an attempt to commit a crime provided
for in any of said the laws,
b. all funds collected by the State Department of
Education for the issuance of certificates to
instructional, supervisory, and administrative
personnel in the public schools of the state shall be
deposited in the "Teachers' Certificate Fund" in the
State Treasury and may be expended by the State Board
of Education to finance the activities of the State
Department of Education necessary to administer the
program, for consultative services, publication costs,
actual and necessary travel expenses as provided in
the State Travel Reimbursement Act incurred by pe rsons
performing research work, and other expenses found
necessary by the State Board of Education for the
improvement of the preparati on and certification of
teachers in Oklahoma. Provided, any unobligated
balance in the Teachers' Certificate Fund in exc ess of
Ten Thousand Dollars ($10,000.00) on June 30 of any
fiscal year shall be transferred to the General
Revenue Fund of the State of Oklahoma this state.
Until July 1, 1997, the State Board of Education shall
have authority for approval of teacher education
Req. No. 7065 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
programs. The State Board of Education shall also
have authority for the administration of te acher
residency and professional develo pment, subject to the
provisions of the Oklahoma Teacher Preparation Act;
7. Promulgate rules governing the classification, inspection,
supervision, and accrediting of all public nursery, kindergarten,
elementary and secondary schools, and on-site educational services
provided by public school districts or state-accredited private
schools in partial hospitalization programs, day treatment programs,
and day hospital programs as defined in this act for persons between
the ages of three (3) and twenty-one (21) years of age in the state.
However, no school shall be denied accreditation solely on the basis
of average daily attendance.
Any school district which maintains an elementary school and
faces the necessity of reloc ating its school facilities because of
construction of a lake, either by state or federal authority, which
will inundate the school facilities, shall be entitled to receive
probationary accreditation from the State Board of Education for a
period of five (5) years after the effective date of th is act June
12, 1975, and any school district, otherwise qualified, shall be
entitled to receive probationary accreditation from the State Board
of Education for a period of two (2) consecutive years to attain the
minimum average daily attendance. The Head Start and public
nurseries or kindergartens operated from Community Action Program
Req. No. 7065 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
funds shall not be subjected to the accrediting rules of the State
Board of Education. Neither will the State Board of Education make
rules affecting the operation of the public nurseries and
kindergartens operated from federal funds secured through Community
Action Programs even though they may be operating in the public
schools of the state. However, any of the Head Start or, public
nurseries, or kindergartens operated under federal regulations may
make application for accrediting from the State Board of Education
but will be accredited only if application for the approval of the
programs is made. The status of no school district shall be changed
which will reduce it to a lower classification until due notice has
been given to the proper authorities thereof and an opportunity
given to correct the conditions which otherwise would be the cause
of such reduction.
Private and parochial schools may be accredited and classified
in like manner as public schools or, if an accrediting association
is approved by the State Board of Education, by procedures
established by the State Board of Education to acce pt accreditation
by such accrediting association, if application is made to the State
Board of Education for such accrediting;
8. Be the legal agent of the State of Oklahoma this state to
accept, in its discretion, the provisions of any Act of Congress
appropriating or apportioning funds which are now, or may hereafter
be, provided for use in connection with any phase of the system of
Req. No. 7065 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
public education in Oklahoma. It shall prescribe such rules as it
finds necessary to provide for the proper distribution of such funds
in accordance with the state and federal laws;
9. Be and is specifically hereby designated as the agency of
this state to cooperate and deal with any officer, board, or
authority of the United St ates Government under any law of the
United States which may require or recommend cooperation with any
state board having charge of the administration of public schools
unless otherwise provided by law;
10. Be and is hereby designated as the "State Educational
Agency" referred to in Public Law 396 of the 79th Congress of the
United States, which law states that said the act may be cited as
the "National School Lunch Act", and said the State Board of
Education is hereby authorized and directed to accept the terms and
provisions of said the act and to enter into such agreements, not in
conflict with the Constitution of Oklahoma or the Constitution and
Statutes of the United States, as may be necessary or appropriate to
secure for the State of Oklahoma this state the benefits of the
school lunch program es tablished and referred to in said the act;
11. Have authority to secure and administer the benefits of the
National School Lunch Act, Public Law 396 of the 79th Congress of
the United States, in the State of Oklahoma this state and is hereby
authorized to employ or appoint and fix the compensation of such
additional officers or employees and to incur such expenses as may
Req. No. 7065 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
be necessary for the accomplishment of the above purpose, administer
the distribution of any sta te funds appropriated by the Legislature
required as federal matching to reimburse on children's meals;
12. Accept and provide for the administration of any land,
money, buildings, gifts, donation, or other things of value which
may be offered or bequeath ed to the schools under the supervision or
control of said the Board;
13. Have authority to require persons having administrative
control of all school districts in Oklahoma to make such regular and
special reports regarding the activities of the schools in said the
districts as the Board may deem needful for the proper exercise of
its duties and functions. Such authority shall include the right of
the State Board of Education to withhold all state funds under its
control, to withhold official recognition , including accrediting,
until such required reports have been filed and accep ted in the
office of said the Board and to revoke the certificates of persons
failing or refusing to make such reports;
14. Have general supervision of the school lunch program. The
State Board of Education may sponso r workshops for personnel and
participants in the school lunch program and may develop, print, and
distribute free of charge or sell any materials, books, and
bulletins to be used in such the school lunch programs. There is
hereby created in the State Tre asury a revolving fund for the Board,
to be designated the School Lunch Workshop Revolving Fund. The fund
Req. No. 7065 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall consist of all fees derived from or on behalf of any
participant in any such workshop sponsored by the State Board of
Education, or from the sa le of any materials, books, and bulletins,
and such funds shall be disbursed for expenses of such workshops and
for developing, printing, and distributing of such materials, books,
and bulletins relating to the school lunch program. The fund shall
be administered in accordance with Section 15 5 of Title 62 of the
Oklahoma Statutes;
15. Prescribe all forms for school district and county officers
to report to the State Board of Education where required. The State
Board of Education shall also prescribe a list of appropriation
accounts by which the funds of school districts shall be budgeted,
accounted for, and expended; and it shall be the duty of the State
Auditor and Inspector in prescribing all budgeting, accounting, and
reporting forms for school fun ds to conform to such lists;
16. Provide for the establishment of a uniform system of pupil
and personnel accounting, records, and reports;
17. Have authority to provide for the health and safety of
school children schoolchildren and school personnel while under the
jurisdiction of school authorities;
18. Provide for the supervision of the transportation of
pupils;
Req. No. 7065 Page 26 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
19. Have authority, upon request of the local school board, to
act in behalf of the public schools of the state in the purchase of
transportation equipment ;
20. Have authority and is hereby requir ed to perform all duties
necessary to the administration of the public school system in
Oklahoma as specified in the Oklahoma School Code; and, in addition
thereto, those duties not specifically mentioned herein if not
delegated by law to any other agency or official;
21. Administer the State Public Common School Building
Equalization Fund established by Section 32 of Article X of the
Oklahoma Constitution. Any monies as may be appropriated or
designated by the Le gislature, other than ad valorem taxes, an y
other funds identified by the State Department of Education, which
may include, but not be limited to, grants-in-aid from the federal
government for building purposes, the proceeds of all property that
shall fall to the state by escheat, penalties for un lawful holding
of real estate by corporations, and capital gains on assets of the
permanent school funds, shall be deposited in the State Public
Common School Building Equalization Fund. The fund shall be used to
aid school districts and charter schools i n acquiring buildings,
subject to the limitations fixed by Section 32 of Article X of the
Oklahoma Constitution. It is hereby declared that the term
"acquiring buildings" as used in Section 32 of Article X of the
Oklahoma Constitution shall mean acquiring or improving school
Req. No. 7065 Page 27 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
sites, constructing, repairing, remodeling, or equipping buildings,
or acquiring school furniture, fixtures, or equipment. It is hereby
declared that the term "school districts" as used in Section 32 of
Article X of the Oklahoma Const itution shall mean school districts
and eligible charter schools as defined in subsection B of this
section. The State Board of Education shall disburse redbud school
grants annually from the State Public Common School Building
Equalization Fund to public schools and eligible charter schools
pursuant to subsection B of this section. The Board shall
promulgate rules for the implementation of disbursing redbud school
grants pursuant to this section. The State Board of Education shall
prescribe rules for ma king grants of aid from, and for otherwise
administering, the fund pursuant to the provisions of this
paragraph, and may employ and fix the duties and compensation of
technicians, aides, clerks, stenographers, attorneys, and other
personnel deemed necessar y to carry out the provisions of this
paragraph. The cost of administering the fund shall be paid from
monies appropriated to the State Board of Education for the
operation of the State Department of Education. From monies
apportioned to the fund, the St ate Department of Education may
reserve not more than one-half of one percent (1/2 of 1%) for
purposes of administering the fund;
22. Recognize that the Director of the Oklahoma Department of
Corrections shall be the administrative authority for the schoo ls
Req. No. 7065 Page 28 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
which are maintained in the state reformatories and shall appoint
the principals and teachers in such schools. Provided, that rules
of the State Board of Education for the classification, inspection,
and accreditation of public schools shall be applica ble to such
schools; and such schools shall comply with standards set by the
State Board of Education; and
23. Have authority to administer a revolving fund which is
hereby created in the State Treasury, to be designated the
Statistical Services Revolving Fund. The fund shall consist of all
monies received from the various school districts of the state, the
United States Government, and other sources for the purpose of
furnishing or financing statistical services and for any other
purpose as designated by the Legislature. The State Board of
Education is hereby authorized to enter into agreements with school
districts, municipalities, the United States Government,
foundations, and other agencies or individuals for services,
programs, or research projects. The Statistical Services Revolving
Fund shall be administered in accordance with Section 155 of Title
62 of the Oklahoma Statutes.
B. 1. The redbud Redbud school grants shall be determined by
the State Department of Education as follows:
a. divide the county four-mill levy revenue by four to
determine the nonchargeable county four-mill revenue
for each school district,
Req. No. 7065 Page 29 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
b. determine the amount of new revenue generated by the
five-mill building fund levy as authorized by Section
10 of Article X of the Oklahoma Co nstitution for each
school district as reported in the Oklahoma Cost
Accounting System for the preceding fiscal year,
c. add the amounts calculated in subparagraphs a and b of
this paragraph to determine the nonchargeable millage
for each school district,
d. add the nonchargeable millage in each district
statewide as calculated in subparagraph c of this
paragraph and divide the total by the average daily
membership in public schools statewide based on the
preceding school year's average daily membership,
according to the provisions of Section 18-107 of this
title. This amount is the statewide nonchargeable
millage per student, known as the baseline local
funding per student,
e. all eligible charter schools shall be included in
these calculations as unique s chool districts,
separate from the school district that may sponsor the
eligible charter school, and the total number of
districts shall be used to determine the statewide
average baseline local funding per student,
Req. No. 7065 Page 30 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
f. for each school district or eligible charter school
which is below the baseline local funding per student,
the Department shall subtract the baseline local
funding per student from the average nonchargeable
millage per student of the school district or eligible
charter school to determine the nonchargeable millage
per student shortfall for each district, and
g. the nonchargeable millage per student shortfall for a
school district or eligible charter school shall be
multiplied by the average daily membership of the
preceding school year of the eligible school district
or eligible charter school. This amount shall be the
redbud school grant amount for the school district or
eligible charter school.
2. For fiscal year 2022, monies for the redbud school grants
shall be expended from the funds apportioned pursuant to Section 2
Section 426 of this act Title 63 of the Oklahoma Statutes. For
fiscal year 2023 and each subsequent fiscal year, monies for the
redbud school grants shall be appropriated pursuant to Section 2
Section 426 of this act Title 63 of the Oklahoma Statutes, not to
exceed three-fourths (3/4) of the tax collected in the preceding
fiscal year pursuant to Section 426 of Title 63 of the Okla homa
Statutes as determined by the Oklahoma Tax Commission. For fiscal
year 2023 and each subseq uent fiscal year, if such appropriated
Req. No. 7065 Page 31 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
funds are insufficient to fund the redbud school grants, then an
additional apportionment of funds shall be made from sales tax
collections as provided by subsection D of Section 3 Section 1353 of
this act Title 68 of the Oklahoma Statutes. If both funds are
insufficient, the Department shall promulgate rules to permit a
decrease to the baseline local funding per student to the highest
amount allowed with the funding available.
3. As used in this section, "eligible charter school" shall
mean a charter school which is sponsored pursuant to the provisions
of the Oklahoma Charter School Schools Act. Provided, however,
"eligible charter school" shall not include a statewide virtual
charter school sponsored by the Statewide Virtual Charter School
Board Statewide Charter School Board but shall only include those
which provide in-person or blended instruction, as provided by
Section 1-111 of this title, to not less than two-thirds (2/3) of
students as the primary means of instructional service delivery.
4. The Department shall develop a program to acknowledge the
redbud school grant recipients and shall include elected members of
the Oklahoma House of Representatives and Oklahoma State Senate who
represent the school districts and eligible charter schools.
5. The Department shall create a dedicated page on its website
listing annual redbud school grant recipients, amount awarded to
each recipient, and other pertinent information about the Redbud
School Funding Act.
Req. No. 7065 Page 32 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. The Department shall provide the Chair of the House
Appropriations and Budget Committee and the Chair of the Senate
Appropriations Committee, no later than February 1 of each year,
with an estimate of the upcoming year's redbud school grant
allocation as prescribed by this section.
SECTION 5. AMENDATORY 70 O.S. 2021, Section 3-132, as
amended by Section 1, Chapter 222, O.S.L. 2022 (70 O.S. Supp. 2022,
Section 3-132), is amended to read as follows:
Section 3-132. A. The Oklahoma Charter Schools Act shall apply
only to charter schools formed and operated under the provisions of
the act. Charter schools shall be sponsored only as follows:
1. By any school district located in the State of Oklahoma this
state, provided such charter school shall only be located within the
geographical boundarie s of the sponsoring district and subject to
the restrictions of Section 3-145.6 of this title;
2. By a technology center school district if the charter school
is located in a school dis trict served by the technology center
school district in which all or part of the school district is
located in a county having more than five hundred thousand (500,000)
population according to the latest Federal Decennial Census;
3. By a technology cente r school district if the charter school
is located in a school distric t served by the technology center
school district and the school district has a school site that has
been identified as in need of improvement by the State Boar d of
Req. No. 7065 Page 33 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Education pursuant to the Elementary and Secondary Education Act of
1965, as amended or rea uthorized;
4. By an accredited comprehensive or regional institution that
is a member of The Oklahoma State System of Higher Education or a
community college if the charter school is lo cated in a school
district in which all or part of the school district is located in a
county having more than five hundred tho usand (500,000) population
according to the latest Federal Decennial Census;
5. 3. By a comprehensive or regional institution that is a
member of The Oklahoma State System of Higher Education if the
charter school is located in a school district that has a s chool
site that has been identified as in need of improvement by the State
Board of Education pursua nt to the Elementary and Seco ndary
Education Act of 1965, as amended or reauthorized . In addition, the
institution shall have a teacher education program a ccredited by the
Oklahoma Commission for Teacher Preparation Commission for
Educational Quality and Accountability and have a branch campus or
constituent agency physically located wi thin the school district in
which the charter school is located in the State of Oklaho ma;
6. 4. By a federally recognized Indian tribe, operating a high
school under the authority of the Bureau of Indian Affairs as of
November 1, 2010, if the charter school is for the purpose of
demonstrating native language immersion instruction, and is loca ted
within its former reservation or trea ty area boundaries. For
Req. No. 7065 Page 34 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
purposes of this paragraph, native language immersion instruction
shall require that educational instruc tion and other activities
conducted at the school site are primarily conducted in the native
language;
7. By 5. Until June 30, 2024, the State Board of Education and
beginning July 1, 2024, the Statewide Charte r School Board when the
applicant of the charter school is the Office of Juvenile Affairs or
the applicant has a contract with the O ffice of Juvenile Affairs and
the charter school is for the purpose of providing education
services to youth in the custody or supervision of the state . Not
more than two charte r schools shall be sponsored by the Board as
provided for in this paragraph du ring the period of time b eginning
July 1, 2010, through July 1, 201 6;
8. 6. By a federally recognized Indian tribe only when the
charter school is located within the former rese rvation or treaty
area boundaries of the tribe on property held in trust by the B ureau
of Indian Affairs of the United States Department of the Inte rior
for the benefit of the tribe; or
9. 7. By the State Board of Education when the applicant has
first been denied a charter by the local school district in which it
seeks to operate Statewide Charter School Board . In counties with
fewer than five hundred thousand (500,000) population, according to
the latest Federal Decennial Census, the State Board of Education
Statewide Charter School Board shall not sponsor more than five new
Req. No. 7065 Page 35 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
charter schools per year each year for the first five (5) years
after the effective d ate of this act, with and shall not sponsor
more than one charter school sponsored in a single school district
per year. In order to authorize a charter sc hool under this
section, the State B oard of Education shall find evidence o f all of
the following:
a. a thorough and high-quality charter scho ol application
from the applicant based on the authorizing standards
in subsection B of Section 3-134 of this title,
b. a clear demonstration of commu nity support for the
charter school, and
c. the grounds and basis of objection by the school
district for denying the operation of the charter are
not supported by the greater weight of evidence and
the strength of the a pplication Existing charter
schools which are sponsored by the Statewide Charter
School Board shall not apply to the limits prescribed
in this paragraph.
B. An eligible non-school-district sponsor shall give priority
to opening charter schools that s erve at-risk student populations or
students from low-performing traditional public schools.
C. An eligible non-school-district sponsor shall give priority
to applicants that have demonstrated a reco rd of operating at least
one school or similar program t hat demonstrates academic success and
Req. No. 7065 Page 36 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
organizational viability an d serves student populations similar to
those the proposed cha rter school seeks to serve . In assessing the
potential for quality repli cation of a charter school, a sponsor
shall consider the following factors before approving a new site or
school:
1. Evidence of a strong and reliable record of academic success
based primarily on student performance data, as well as other viable
indicators, including financial and operational success;
2. A sound, detailed, and well -supported growth plan;
3. Evidence of the ability to transfer successful practices to
a potentially different context that includes reproducing critical
cultural, organizatio nal and instructional characteristics;
4. Any management organization involved i n a potential
replication is fully vetted, and the academic, financial and
operational records of the schools it operates are found to be
satisfactory;
5. Evidence the program seeking to be replicated has the
capacity to do so suc cessfully without diminis hing or putting at
risk its current operations; and
6. A financial structure that ensures that funds attributable
to each charter school within a network and required by law to be
utilized by a school remain with and are used to b enefit that
school.
Req. No. 7065 Page 37 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. For purposes of the Oklahoma Charter Schools Act, "charter
school" means a public school established by contract with a board
of education of a school district, an area vocatio nal-technical
school district, a higher education instit ution, a federally
recognized Indian tribe, or the State Board of Education pursuant to
the Oklahoma Charter Schools Act to pro vide learning that will
improve student achievement and as defined in the Elementary and
Secondary Education Act of 1965, 20 U.S. C. 8065.
E. 1. For the purposes of the Oklahoma Charter Schools Act,
"conversion school" means a school created by converting all or any
part of a traditional public school in order to access any or all
flexibilities afforded to a charter school.
2. Prior to the board of educat ion of a school district
converting all or any part of a traditional public school to a
conversion school, the board shall prepare a conversion plan . The
conversion plan shal l include documentation that demonstrates and
complies with paragraphs 1, 2, 6, 7 , 8, 9, 10, 13, 14, 15, 16, 17,
19, 20, 21, 22, 23, 24, 34 and 35 of subsection B of Section 3-134
of this title. The conversion plan and all documents shall be in
writing and shall be available to the public pursuant to the
requirements of the Oklahoma O pen Records Act. All votes by the
board of education of a school district to approve a conversion pla n
shall be held in an open public session . If the board of education
of a school district votes to approve a conversion plan, th e board
Req. No. 7065 Page 38 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall notify the State Board of Education within sixty (60) days
after the vote. The notification shall include a copy of the
minutes for the board meeting at which the conversion plan was
approved.
3. A conversion school shall comply with all th e same
accountability measures as are required of a charter school as
defined in subsection D of th is section. The provisions of Sections
3-140 and 3-142 of this title shall not apply to a conversion
school. Conversion schools shall comply with the same laws and
State Board of Education rules relating to student enrollment which
apply to traditional p ublic schools. Conversion schools shall be
funded by the board of education of the school district a s a school
site within the school district and funding s hall not be affected by
the conversion of the school.
4. The board of education of a school distri ct may vote to
revert a conversion school back to a traditional public school at
any time; provided, the change shall only occur during a break
between school years.
5. Unless otherwise provided for in this subsection, a
conversion school shall retain the characteristics of a tradit ional
public school.
F. A charter school may consist of a new school sit e, new
school sites or all or any portion of an existing school site. An
entire school district may not become a charter school site.
Req. No. 7065 Page 39 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 6. AMENDATORY 70 O.S. 2021, Se ction 3-134, as
amended by Section 2, Chapter 222, O.S.L. 2 022 (70 O.S. Supp. 2022,
Section 3-134), is amended to read as follows:
Section 3-134. A. For written applications filed after January
1, 2008 July 1, 2024, prior to submission of the application to a
proposed sponsor seeking to establish a charter school or to the
Statewide Charter School Board to establish a virtual charter
school, the applicant shall be required to complete training which
shall not exceed ten (10) hours provid ed by the State Department of
Education Statewide Charter School Board on the process and
requirements for establishing a charter school or virtual charter
school. The sponsor of a charter school that enters into a new or
renewed sponsorship contract on or after July 1, 2024, shall be
required to complete training provided by the Statewide Charter
School Board on the oversight duties of the sponsor. The Department
Board shall develop and implement the training by January 1, 2008
July 1, 2024. The Department Board may provide the trai ning in any
format and manner that the Department it determines to be efficient
and effective including , but not limited to, web-based training.
B. Except as otherwise provided for in Secti on 3-137 of this
title, an applicant seeking to establish a virtual charter school
shall submit a written applica tion to the Statewide Charter School
Board, and an applicant seeking to establis h a charter school shall
Req. No. 7065 Page 40 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
submit a written applica tion to the proposed sponsor as prescribed
in subsection E of this section . The application shall include:
1. A mission statement for the charter school or virtual
charter school;
2. A description includ ing, but not limited to, background
information of the organizational struct ure and the governing body
board of the charter school or virtual charter school ;
3. A financial plan for the first five (5) years of operation
of the charter school or virtual charter school and a description of
the treasurer or other o fficers or persons who shall have primary
responsibility for the finance s of the charter school or virtual
charter school. Such person shall have demonstrated experience in
school finance or the equivalent thereof;
4. A description of the hiring poli cy of the charter school or
virtual charter school ;
5. The name of the applicant or applicants and requested
sponsor;
6. A description of the facility and location of the charter
school;
7. A description of the grades being served;
8. An outline of criteria designed to measure the effectiveness
of the charter school or virtual charter school;
9. A demonstration of support for the charter school from
residents of the school district in which the charter school is to
Req. No. 7065 Page 41 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
be located which may include but is not limited to a survey of t he
school district residents or a petition signed by residents of the
school district;
10. Documentation that the applicants completed charter school
training as set forth in subsection A of this section;
11. A description of the minimum and maximum enro llment planned
per year for each term of the charter contract;
12. The proposed calendar for th e charter school or virtual
charter school and sample daily schedule;
13. Unless otherwise authorized by law or regulation, a
description of the academic program aligned with state stan dards;
14. A description of the instructional design of the charter
school, or virtual charter school including the type of l earning
environment, class size and structure, curriculum overview and
teaching methods;
15. The plan for using internal and external assessments to
measure and report student progress on the performance framework
developed by the applicant in accordance with subsection C of
Section 3-135 3-136 of this title;
16. The plans for identif ying and successfully serving students
with disabilities, students who are English language learners and
students who are academically behind;
17. A description of cocurricular or extracurricular programs
and how they will be funded and delivered;
Req. No. 7065 Page 42 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
18. Plans and time lines timelines for student recruitment and
enrollment, including lottery procedures;
19. The student discipline policies for the charter school, or
virtual charter school including those for special ed ucation
students;
20. An organizational chart that clearly presents the
organizational structure of the charter school , or virtual charter
school including lines of authority and reporting between the
governing board, staff, any related bodies such as advisory bodies
or parent and teacher councils and any external organizations that
will play a role in ma naging the school;
21. A clear description of the roles and responsibilities for
the governing board, the leadership and management team for the
charter school or virtual charter school, and any other entities
shown in the organizational chart;
22. The leadership and teach er employment policies for the
charter school or virtual charter sch ool;
23. Proposed governing bylaws;
24. Explanations of any partnerships or contractual
partnerships central to t he operations or mission of th e charter
school or virtual charter school ;
25. The plans for providing transp ortation, food service and
all other significant operational or ancillary services;
26. Opportunities and expectations for parental involvement;
Req. No. 7065 Page 43 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
27. A detailed school star t-up plan that identifies task s, time
lines timelines and responsible individuals;
28. A description of the financi al plan and policies for the
charter school, or virtual charter school including financial
controls and audit requirements;
29. A description of the insurance coverage the cha rter school
or virtual charter school will obtain;
30. Start-up and five-year budgets with clearly stated
assumptions;
31. Start-up and first-year cash-flow projections with clearly
stated assumptions;
32. Evidence of anticipated fundraising contribu tions, if
claimed in the application;
33. A sound facilities plan, including backup or cont ingency
plans if appropriate;
34. A requirement that the charter school or virtual charter
school governing board meet at a minimum quarterly monthly in the
state and that for those charter schools outside of counties with a
population of five hundred tho usand (500,000) or more, that a
majority of members are residents within the geographic boundary of
the sponsoring entity charter school; and
35. A requirement that the charter school follow the
requirements of the Oklahoma Open Meeting Act and Oklahoma Open
Records Act; and
Req. No. 7065 Page 44 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
36. A copy of proposed contracts between the governing board of
a charter school or virtual charter school and an educational
management organization, as defined by Section 5-200 of this title,
which meet the requirements of the Oklah oma Charter Schools Act .
C. A board of education of a public school district, public
body, public or private college or university, private person, or
private organization may contract with a sponsor to establish a
charter school. A private school shall not be eligible to contr act
for a charter school or virtual charter school under the provisions
of the Oklahoma Charter School s Act.
D. The sponsor of a charter school is the board of ed ucation of
a school district, the board of education of a te chnology center
school district, a higher education institu tion, the State Board of
Education, or a federally recognized Indian tribe w hich meets the
criteria established in Section 3 -132 of this title, or beginning
July 1, 2024, the Statewide Charter School Board. Any board of
education of a school district in the s tate may sponsor one or more
charter schools. The physical location of a charter school
sponsored by a board of education of a schoo l district or a
technology center school district shall be within the boundaries of
the sponsoring school district. The physical location of a charter
school otherwise spo nsored by the State Board of Education pursuant
to paragraph 8 of subsection A of Se ction 3-132 of this title shall
be in the school district in which th e application originated.
Req. No. 7065 Page 45 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. An applicant for a charter school may submit an application
to a proposed sponsor which shall either accept or reject
sponsorship of the charter school withi n ninety (90) days of receipt
of the application. If the proposed sponsor rejects the
application, it shall notify the applicant in writing of the reasons
for the rejection. The applicant may submit a revised application
for reconsideration to the propos ed sponsor within thir ty (30) days
after receiving notification of th e rejection. The proposed sponsor
shall accept or reject the revised application within thirty (30)
days of its receipt. Should the sponsor reject the application on
reconsideration, the applicant may appeal the decision to the State
Board of Education w ith the revised application for review pursuant
to paragraph 8 of subsection A of Section 3 -132 of this title. The
State Board of Education shall hear the appeal no later than sixty
(60) days from the date re ceived by the Board.
F. A board of education o f a school district, board of
education of a technology center school district, a higher education
institution, or a federally recognized Indian tribe sponsor of a
charter school shall notify the State Board of Ed ucation and the
Statewide Charter School Bo ard when it accepts sponsorship of a
charter school. The notification shall include a copy of the
charter of the charter school.
G. Applicants for charter schools proposed to be sponsored by
an entity other than a school district pursuant to paragraph 1 of
Req. No. 7065 Page 46 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
subsection A of Section 3 -132 of this title may, upon rej ection of
the revised application, proceed to binding arbitration under the
commercial rules of the American Arbitration Association with costs
of the arbitration to be borne by the proposed sponsor. Applicants
for charter schools proposed to be sponsored by school districts
pursuant to paragraph 1 of subsection A of Section 3 -132 of this
title may not proceed to binding arbitration but may be sponsored by
the State Statewide Charter School Board of Education as provided in
paragraph 8 7 of subsection A of Section 3 -132 of this title.
H. If a board of education of a technology center school
district, a higher educa tion institution, the State Board of
Education, or a federally recognized Indian tri be accepts
sponsorship of a charter school, the administrative, fiscal , and
oversight responsibilities of the technology center school district,
the higher education institu tion, or the federally recognized Indian
tribe shall be listed in the contract . No administrative, fiscal,
or oversight responsibilities of a charter school shall be delegated
to a school district unless the local school district agrees to
enter into a contract to assume the responsibilities.
I. A sponsor of a public charter school sh all have the
following powers and duties over charter schools it sponsors, and
the Statewide Charter School Board shall have the following powers
and duties over the charter schools and st atewide virtual charter
schools it sponsors:
Req. No. 7065 Page 47 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Provide oversight of the operations of charter schools in
the state through annual performance reviews of charter schools and
reauthorization of charter schools for which it is a sponsor ;
2. Solicit and evaluate charter applications;
3. Approve quality charter applications that meet identified
educational needs and promote a diversity of educational choices;
4. Decline to approve weak or inadequate charter applications;
5. Negotiate and execute sound char ter contracts with each
approved public charter school or virtual charter school;
6. Monitor, in accordance with charter contract term s, the
performance and legal compliance of charter school s and virtual
charter schools; and
7. Determine whether each charter contract merits renewal,
nonrenewal, or revocation.
J. Sponsors shall establish a procedure for accepting,
approving, and disapproving charter school applicat ions in
accordance with subsection E of this section. The Statewide Charter
School Board shall post its application, application process, and
application timelines on the Board's website.
K. Sponsors, including the Statewide Charter School Board,
shall be required to develop and maintain chartering policies and
practices consistent with recognized principles and standards for
quality charter authorizing as established by the State D epartment
of Education sponsoring in all major areas of authorizing sponsoring
Req. No. 7065 Page 48 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
responsibility, including organizational capacity and
infrastructure, soliciting and evaluating charter school and virtual
charter school applications, performance contracting, ongoing
charter school and virtual charter school oversight and evaluation
and charter contract renewal decision-making.
L. Sponsors acting in t heir official capacity shall be immune
from civil and criminal liability with respect to all activities
related to a charter school with which they contract.
SECTION 7. AMENDATORY 70 O.S. 2021, Section 3 -136, is
amended to read as follows:
Section 3-136. A. A Beginning July 1, 2024, a written contract
entered into between the Statewide Charter School Board and the
governing board of a charter school or statewide virtual charter
school or a written contract entered into between a sponsor and the
governing board of a charter school shall adopt a charter which will
ensure compliance with the following:
1. A Except as provided for in the Oklahoma Charter Schools
Act, a charter school and virtual charter school shall be exempt
from all statutes and rules relating to schools, boards of
education, and school districts; provided, however, a charter school
or virtual charter school shall comply with all f ederal regulations
and state and local rules and statutes relating to health, safety,
civil rights, and insurance. By January 1, 2000, the State
Department of Education shall prepare a list of relevant rules and
Req. No. 7065 Page 49 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
statutes which a charter school and virtual charter school must
comply with as required by this paragraph and shall annually provide
an update to the list;
2. A charter school and virtual charter school shall be
nonsectarian in its programs, admission policies, employment
practices, and all other operations. A sponsor including the
Statewide Charter School Board, may not authorize sponsor a charter
school, virtual charter school, or program that is affiliated with a
nonpublic sectarian school or religious institution;
3. The charter contract shall provide a description of the
educational program to be offered. A charter school or virtual
charter school may provide a comprehensive program of instruction
for a prekindergarten program, a kindergarten program, or any grade
between grades one and twelve. Instruction may be provided to all
persons between the ages of four (4) and twenty-one (21) years of
age. A charter school or virtual charter school may offer a
curriculum which emphasizes a specific learning philosophy or style
or certain subject areas such as mathematics, science, fine arts,
performance arts, or foreign language. The charter of a charter
school or virtual charter school which offers grades nine through
twelve shall specifically address whether the charter school or
virtual charter school will comply with the graduation require ments
established in Section 11-103.6 of this title. No charter sc hool or
virtual charter school shall be chartered for the purpose of
Req. No. 7065 Page 50 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
offering a curriculum for deaf or blind students that is the same or
similar to the curriculum being provided by or for educating deaf or
blind students that are being served by the Oklah oma School for the
Blind or the Oklahoma School for the Deaf;
4. A charter school or virtual charter school shall participate
in the testing as required by the Oklahoma School Testing Prog ram
Act and the reporting of test results as is required of a schoo l
district. A charter school or virtual charter school shall also
provide any necessary data to the Office of Accountability within
the State Department of Education;
5. Except as provided for in the Oklahoma Charter Schools Act
and its charter, a charte r school shall be exempt from all statutes
and rules relating to schools, boards of education, and school
districts;
6. A charter school or virtual charter school, to the extent
possible, shall be subject to the same reporting requirements,
financial audits, audit procedures, and audit requirements as a
school district. The State Department of Education or State Auditor
and Inspector may conduct financial, program, or compliance audits.
A charter school or virtual charter school shall use the Oklahoma
Cost Accounting System to report financial transactions to t he
sponsoring school district State Department of Education. The
charter school or virtual charter school shall be subject to the
limitations on spending, including provisions of the Oklahoma
Req. No. 7065 Page 51 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Constitution, for any funds received from the state, either thr ough
the State Department of Education or other sources;
7. 6. A charter school or virtual charter school shall comply
with all federal and state laws relating to the education of
children with disabilities in the same manner as a school district;
8. 7. A charter school or virtual charter school shall provide
for a governing body board for the school which shall be responsible
for the policies and operational decisions of the charter school or
virtual charter school. A majority of the charter school or virtual
charter school governing board members shall be residents of this
state and shall meet n o less than monthly in a public meeting within
the boundaries of the school district in which the charte r school is
located or within this state if the governing board oversees
multiple charter schools in this state or oversees a virtual charter
school. The governing board of a charter school or virtual charter
school shall be subject to the same conflict of interest
requirements as a member of a school district board of education,
including but not limited to Sections 5-113 and 5-124 of this title.
Members appointed to the governing board of a charter school or
virtual charter school shall be subject to th e same instruction and
continuing education requirements as a member of a school district
board of education and pursuant to Section 5-110 of this title,
complete twelve (12) hours of instruction within fifteen (15) months
Req. No. 7065 Page 52 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of appointment to th e governing board, and pursuant to Section 5-
110.1 of this title, atten d continuing education;
9. 8. A charter school or virtual charter school shall not be
used as a method of generating revenue for students who are being
home schooled and are not being educated at an org anized charter
school site or by a virtual charter sc hool;
10. 9. A charter school may or virtual charter school shall be
as equally free and open to all s tudents as traditional public
schools and shall not charge tuition or fees;
11. 10. A charter school or virtual charter school shall
provide instruction each year for at least the number of days or
hours required in Section 1-109 of this title;
12. 11. A charter school or virtual charter school shall comply
with the student suspension requirements provi ded for in Section 24-
101.3 of this title;
13. 12. A charter school or virtual charter school shall be
considered a school district for purposes of tort liability under
The Governmental Tort Claims Act;
14. 13. Employees of a charter school or virtual charter school
may participate as members of the Teach ers' Retirement System of
Oklahoma in accordance with applicable statutes and rules if
otherwise allowed pur suant to law;
15. 14. A charter school or virtual charter school may
participate in all health and related insurance programs available
Req. No. 7065 Page 53 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to the employees of the sponsor of the charter school a public
school district;
16. 15. A charter school or virtual charter school and their
respective governing board s shall comply with the Oklahoma Open
Meeting Act and the Oklahoma Open Records Act;
17. 16. The governing body board of a charter school or virtual
charter school shall be subject to the same conflict of in terest
requirements as a member of a local school board promptly notify the
sponsor in the instance of any significant adverse actions, material
findings of noncompliance, o r pending actions, claims, or
proceedings in this state relating to the charter school or an
educational management organization with which the charter school
has a contract; and
18. 17. No later than September 1 each year, the governing
board of each charter school or virtual charter school formed
pursuant to the Oklahoma Charter Schools Act shall prepare a
statement of actual income and expenditures for the charter school
or virtual charter school for the fiscal year that ended on the
preceding June 30, in a manner compliant with Section 5-135 of this
title. The statement of expenditures shall include functional
categories as defined in rules adopted by the State Board of
Education to implement the Oklahoma Cost Accounting System pursuant
to Section 5-145 of this title. Charter schools and virtual charter
schools shall not be permitted to submit estimates of expenditures
Req. No. 7065 Page 54 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or prorated amounts to fulfill the requirements of this paragr aph;
and
18. A charter school or virtual charter school contract shall
include performance provisions based on a performance framework that
clearly sets forth the academic and operational pe rformance
indicators that shall be used by charter school and virtual charter
school sponsors to evaluate their res pective schools. The sponsor
may develop a separate performance framewor k to evaluate a charter
school or virtual charter school that the State Department of
Education has designated as implementing an alternative education
program throughout the school. The sponsor shall require a charter
school or virtual charter school to submit the data required in this
subsection in the identical format that is required by the State
Department of Education of all public schools in order to avoid
duplicative administrative efforts or allow a charter school or
virtual charter school to provide permission to the Dep artment to
share all required data with the Board. The performance framework
shall serve as the minimum requirement for charter school and
virtual charter school performance evaluation and shall include, but
not be limited to, the following indicators :
a. student academic proficiency,
b. student academic growth,
c. achievement gaps in both proficienc y and growth
between major student subgroups,
Req. No. 7065 Page 55 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
d. student attendance,
e. recurrent enrollment from year to year as determined
by the methodology used for publi c schools in
Oklahoma,
f. in the case of high schools, graduation rates as
determined by the me thodology used for public schools
in Oklahoma,
g. in the case of high schools, postsecondary readiness,
h. financial performance and sustainability and
compliance with state and Internal Revenue Service
financial reporting requirements,
i. audit findings or deficiencies,
j. accreditation and timely reporting, and
k. governing board performance and stewardship, including
compliance with all applicable laws, regulations, and
terms of the charter contract.
The sponsor shall annually evaluate its charter schools
according to the performance framework. The results of the
evaluation shall be presented to the governing board of the charter
school and the governin g board of the charter school sponsor in an
open meeting.
B. A charter contract shall provide for one charter district
that may include multiple charter sites to the extent approved by
the sponsor and consistent with applicable law. An applicant or the
Req. No. 7065 Page 56 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
governing board of an applicant may hold one or more charter
contracts. Each charter district that is part of a charter contract
shall be considered a local educational agency, as def ined in 20
U.S.C. Section 7801, and shall be separate and distinct from a ny
other charter district. For the purposes of this subsectio n,
"separate and distinct " shall mean that a charter school governing
board with oversight of more than one charter distr ict shall not
combine accounting, budgeting, recordkeeping, admissions,
employment, or policies and operational decisions of the charte r
schools it oversees.
C. The charter contract of a charter school or virtual charter
school shall include a description of the personnel policies,
personnel qualifications, and method of school governance, and the
specific role and duties of the sponsor of the charter school. A
charter school or virtual charter school shall not enter into an
employment contract with any teacher or other personnel until a
contract has been executed with its sponsor. The employment
contract shall set forth the personnel policies of the charter
school or virtual charter school including, but not limited to,
policies related to certification, professional development
evaluation, suspension, dismissal and nonreempl oyment, sick leave,
personal business leave, emergency leave, and family and medical
leave. The contract shall also specifically set forth the salary,
hours, fringe benefits, and wor k conditions. The contract may
Req. No. 7065 Page 57 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
provide for employer-employee bargaining, but the charter school or
virtual charter school shall not be required to comply with the
provisions of Sections 509.1 through 509.10 of this title.
Upon contracting with any teache r or other personnel, the
governing board of a charter school or virtual charter school shall,
in writing, disclose employment rights of the employees in the event
the charter school or virtual charter school closes or the charter
contract is not renewed.
No charter school or virtual charter school may begin serving
students without a contract executed in accordance w ith the
provisions of the Oklahoma Charter Schools Act and approved in an
open meeting of the governing board of the sponsor or the Statewide
Charter School Board. The governing board of the sponsor or the
Statewide Charter School Board may establish reasonable preopening
requirements or conditions to monitor t he start-up progress of newly
approved charter schools or virtual charter schools and ensure that
each brick-and-mortar school is prepared to open smoothly on the
date agreed and to ensure that each school meets all build ing,
health, safety, insurance , and other legal requirements for the
opening of a school.
C. D. The charter of a charter school or virtual charter school
may be amended at the request of the go verning body board of the
charter school or virtual charter sc hool and upon the approval of
the sponsor.
Req. No. 7065 Page 58 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. E. A charter school or virtual charter school may enter into
contracts and sue and be sued.
E. F. The governing body board of a charter school may or
virtual charter school shall not levy taxes or issue bond s. If a
school district proposes a bond where a charter school is located,
the school district shall include charter scho ols in all planning
conversations regarding the bond.
F. G. The charter of a charter school or virtual charter school
shall include a provision specifying the method or methods to be
employed for disposing of real and personal property acquired by the
charter school or virtual charter school upon expiration or
termination of the charter or failure of the charter school or
virtual charter school to continue operations. Except as otherwise
provided, any real or personal property purchased with state or
local funds shall be retained by the sponsoring school district
sponsor. If a charter school that was previous ly sponsored by the
board of education of a school district continues operation within
the school district under a new charter sponsored by an entity
authorized pursuant to Section 3-132 of this title, the charter
school may retain any personal property purchased with state or
local funds for use in the operation of the charter school until
termination of the new charter or failure of the charter school to
continue operations.
Req. No. 7065 Page 59 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 8. AMENDATORY 70 O.S. 2021, Section 3 -137, is
amended to read as follows:
Section 3-137. A. An approved An initial contract for between
a charter school or virtual charter school and its sponsor approved
on or after July 1, 2023, shall be effective for five (5) years from
the first day of operation. A After completing an initial f ive-year
term, a charter contract may be renewed for up to successive five-
year ten-year terms of duration, although the sponsor may vary the
term based on the performance, demonstrated cap acities, and
particular circumstances of each charter school. A sponsor may
grant renewal with sp ecific conditions for necessary improvements to
a charter school.
B. Prior to the beginning of the fourth year before the final
year of operation a charter contract renewal of a charter school or
virtual charter school, the sponsor shall issue a charter school
performance report and charter renewal application guidance to the
charter school and the charter school its governing board or the
virtual charter school and its governing board . The performance
report shall summarize the performance record to date of the charter
school or virtual charter school, based on the data required by the
Oklahoma Charter Schools Act, the annual performance framework
evaluation, the operating agreement review if the charter school or
virtual charter school contracts with an educational management
organization, and the charter contract and taking into consider ation
Req. No. 7065 Page 60 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the percentage of at-risk students enrolled in the school, and. The
performance report shall provide notice of any weaknesses or,
concerns, violations, or deficiencies perceived by the sponsor
concerning the charter school or virtual charter school that may
jeopardize its position in seeking renewal if not timely rectified.
The If there are weaknesses, concerns, violations, or deficie ncies
the sponsor may require a charter school or virtual charter school
to develop a corrective action plan and corr esponding timeline to
remedy any weaknesses, concerns, violations, o r deficiencies. If
the sponsor requires a corrective action plan, the charter school or
virtual charter school shall have forty-five (45) days to respond to
the performance report and submit any corrections or clarifications
for the report. If the charter school or virtual charter school
does not substantially complete the c orrective action plan, the
sponsor may choose not to renew the charter contract pursuant to the
requirements of this section.
C. 1. Prior to the beginning of the fifth final year of
operation, the charter school or virtual charter school may apply
for renewal of the contract with the sponsor, including the
Statewide Charter School Board. The renewal application guidance
shall, at a minimum, provide an opportunity for the charter school
or virtual charter school to:
Req. No. 7065 Page 61 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a. present additional evidence, beyond the data contained
in the performance report, supporting its case for
charter renewal,
b. describe improvements undertaken or planned for the
school, and
c. detail the plan for the next charter term for the
school.
2. The renewal application guidance shall include or refer
explicitly to the criteria that will guide the renewal decisions of
the sponsor, which shall be bas ed on the performance framework set
forth in the charter contract and consistent with the Oklahoma
Charter Schools Act.
D. The sponsor may deny the request for renewal if it
determines the charter school or virtual charter school has failed
to complete the obligations of the contract or comply with the
provisions of the Oklahoma Chart er Schools Act. A sponsor shall
give written notice of its intent to deny the request for renewal at
least eight (8) months prior to expiration of the contract. In
making charter renewal decisions, a sponsor shall:
1. Ground decisions on evidence of the performance of the
charter school or virtual charter school over the term of the
charter contract in accordance with the performance framework set
forth in the charter contract and shall take into consideration the
percentage of at-risk students enrolled in the school;
Req. No. 7065 Page 62 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Grant renewal to charter schools or virtual charter schools
that have achieved the standards, targets, and performance
expectations as stated in the charter contract and are
organizationally and fiscally viable and have been faithful to the
terms of the contract and applicable law;
3. Ensure that data used in making renewal decisions are
available to the school and the public; and
4. Provide a public report summarizing the evidence used as the
basis for each decision.
E. If a sponsor denies a request for renewal, the governing
board of the sponsor may, if requested by the charter school,
proceed to binding arbitration as provided for in subsection G of
Section 3-134 of this title.
F. A sponsor may terminate a contract during the term of the
contract for failure to meet the requirements for student
performance contained in the contract and performance framework,
failure to meet the standards of fiscal management, violations of
the law, or other good cause. The sponsor shall give at least
ninety (90) days' written notice to the governing board of the
charter school or virtual charter school prior to terminating the
contract. The governing board may request, in writing, an informal
hearing before the sponsor within fourteen (14) days of receiving
notice. The sponsor shall conduct an informal hearing before taking
action. If a sponsor decides to terminate a contract, the governing
Req. No. 7065 Page 63 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
board may, if requested by t he charter school, proceed to binding
arbitration as provided for in su bsection G of Section 3-134 of this
title.
G. 1. Beginning in the 2016-2017 school year, the Stat e Board
of Education shall identify charter schools and virtual charter
schools in the state that are ranked in the bottom five percent (5%)
of all public schools as determined pursuant to Section 1210.545 of
this title.
2. At the time of its charter rene wal, based on an average of
the current year and the two (2) prior operating years, a sponsor
may close a charter school site or virtual charter school site
identified as being amon g the bottom five percent (5%) of publi c
schools in the state. The average of the current year and two (2)
prior operating years shall be calculated by using the percentage
ranking for each year divided by three, as determined by this
subsection.
3. If there is a change to the calculation des cribed in Section
1210.545 of this title that results in a charter school site or
virtual charter school site that was not ranked in the bottom five
percent (5%) being ranked in the bottom five percent (5%), then the
sponsor shall use the higher of the two rankings to calculate the
ranking of the charter school site or virtual charter school site.
4. In the event that a sponsor fails to close a charter school
site consistent with this subsection, the sponsor shall appear
Req. No. 7065 Page 64 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
before the State Board of Education to provide support for its
decision. The State Board of Education may, by majority vote,
uphold or overturn the decision of the sponsor. If the decision of
the sponsor is overturned by the State Board of Education, the Board
may implement one of the foll owing actions:
a. transfer the sponsorship of the charter school
identified in this paragraph to another sponsor,
b. order the closure of the charter school identified in
this paragraph at the end of the current school year,
or
c. order the reduction of an y administrative fee
collected by the sponsor that is applicable to the
charter school identified in this paragraph. The
reduction shall become effective at the beginning of
the month following the month the hearing of the
sponsor is held by the State Boa rd of Education.
5. A charter school or virtual charter school that is closed by
the State Board of Education its sponsor pursuant to paragraph 4 of
this subsection shall not be granted a subsequent charter by any
other sponsor contract.
6. 5. The requirements of this subsection shall not apply to a
charter school or virtual charter school that has been designated by
the State Department of Education as implementing an alternative
education program throughout the charter school.
Req. No. 7065 Page 65 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
7. 6. In making a charter school site or virtual charter school
closure decision, the State Board of Education sponsor shall
consider the following:
a. enrollment of students with special challenges such as
drug or alcohol addicti on, prior withdrawal from
school, prior incarceration , or other special
circumstances,
b. high mobility of the student population resulting from
the specific purpose of the charter school or virtual
charter school,
c. annual improvement in the performance of students
enrolled in the charter sch ool or virtual charter
school compared with the performance of students
enrolled in the charter school or virtual charter
school in the immediately preceding school year, and
d. whether a majority of students attendin g the charter
school or virtual charter school under consideration
for closure would likely revert to attending public
schools with lower academic achievement, as
demonstrated pursuant to Section 1210.545 of this
title.
8. 7. If the State Board of Educati on has closed or transferred
authorization of at least twenty-five percent (25%) of the charter
schools chartered by one sponsor are closed within a five-year
Req. No. 7065 Page 66 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
period pursuant to paragraph 4 of this subsection, the authority of
the sponsor to authorize sponsor new charter schools may be
suspended by the Board Statewide Charter School Board until the
Board approves the sponsor to authorize sponsor new charter schools.
A determination under made pursuant to this paragraph to suspend the
authority of a sponsor to authorize new charter schools shall
identify the deficiencies that, if corrected, will result in the
approval of the sponsor to authorize sponsor new charter schools.
H. If a sponsor terminates a contract or the chart er school or
virtual charter school is closed, the closure shall be conducted in
accordance with the following pr otocol:
1. Within two (2) calendar weeks of a final closure
determination, the sponsor shall meet with the governing board and
leadership of the charter school or virtual charter school to
establish a transition team compos ed of school staff, applicant
staff, and others designated by the applicant that will attend to
the closure, including the transfer of students, student records,
and school funds;
2. The sponsor and transition team sh all communicate regularly
and effectively with families of students en rolled in the charter
school or virtual charter school, as well as with school staff and
other stakeholders, to keep them apprised of key information
regarding the closure of the school and their options and risks;
Req. No. 7065 Page 67 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. The sponsor and transition team shall ensure that current
instruction of students enrolled in the charter school or virtual
charter school continues per the charter agreement contract for the
remainder of the school year;
4. The sponsor and transition team shall ensure that all
necessary and prudent notifications are issued to agencies,
employees, insurers, contractors, creditors, debtors, and management
organizations; and
5. The governing board of the charter school or virtual charter
school shall continue to meet as necessary to take actions needed to
wind down school operations, manage school finances, allocate
resources, and facilitate all aspects of closure.
I. A sponsor including the Statewide Charter School Board ,
shall develop revocation and nonren ewal processes that are
consistent with the Oklahoma Charter Schools Act and that:
1. Provide the charter school or virtual charter school with a
timely notification of the prospe ct of revocation or nonrenewal and
of the reasons for possible closure;
2. Allow the charter school or virtual charter school a
reasonable amount of time in which to prepare a response;
3. Provide the charter school or virtual charter school with an
opportunity to submit documents and give te stimony in a public
hearing challenging the rationale for closure and in support of the
continuation of the school at an orderly proceeding held for that
Req. No. 7065 Page 68 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
purpose and prior to taking any final nonrenewal or revocation
decision related to the school;
4. Allow the charter school or virtual charter school access to
representation by counsel to call witnesses on its behalf;
5. Permit the recording of the proceedings; and
6. After a reasonable period for deliberation, require a final
determination be made and conveyed in writing to the charter sc hool
or virtual charter school .
J. If a sponsor revokes or does not renew a charter contract,
the sponsor shall clearly state in a resolution the reasons for the
revocation or nonrenewal. If a charter is revoked or nonrenewed,
the charter school or virtual charter school shall disclose the
revocation or nonrenewal in any subsequent application.
K. 1. Before a sponsor may issue a charter to a charter school
governing body that has had its charte r terminated or has been
informed that its charter will not be r enewed by the current
sponsor, the sponsor shall request to have the proposal reviewed by
the State Board of Education at a hearing. The State Board of
Education shall conduct a hearing in wh ich the sponsor shall present
information indicating that the pr oposal of the organizer is
substantively different in the areas of deficiency identified by the
current sponsor from the current proposal as set forth within the
charter with its current spons or.
Req. No. 7065 Page 69 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. After the State Board of Education conducts a hearing
pursuant to this subsection, the Board sh all either approve or deny
the proposal.
3. If the proposal is denied, no sponsor may issue a charter to
the charter school governing body.
L. If a charter contract is not renewed, the governing board of
the charter school may submit an application to a proposed new
sponsor as provided for in Section 3-134 of this title.
M. L. If a charter contract is not renewed or is terminated
according to this section, a student who a ttended the charter school
or virtual charter school may enroll in the resident school district
of the student or may apply for a transfer in accordance with
Section 8-103 of this title.
SECTION 9. AMENDATORY 70 O.S. 2021, Section 3 -139, is
amended to read as follows:
Section 3-139. A. A sponsoring school district shall determine
whether a teacher who is employed by or teaching at a charter school
or virtual charter school and who was previously employed as a
teacher at the sponsoring public school district shall not lose any
right of salary status or any other benefit provided by law due to
teaching at a charter school or virtual charter school upon
returning to the sponsoring public school district to teach.
B. A teacher who is employed by or teaching at a charter school
or virtual charter school and who submits an employment application
Req. No. 7065 Page 70 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to the school district where the teacher was employed immediately
before employment by or at a charter school or virtual charter
school shall be given employment preference by the school district
if:
1. The teacher submits an employment application to the school
district no later than three (3) years after ceasing employment with
the school district; and
2. A suitable position is available at t he school district.
SECTION 10. AMENDATORY 70 O.S. 2021, Section 3 -140, is
amended to read as follows:
Section 3-140. A. Except for a charter school sponsored by the
State Board of Education, a A charter school with a brick-and-mortar
school site or sites shall enroll those students whose legal
residence is within the boundaries of the school district in which
the charter school is located and who submit a timely application,
or those students who transfer to the district in which the charter
school is located in accordance with Secti on 8-103 or 8-104 of this
title, unless the number of applications exceeds the capacity of a
program, class, grade level, or building. Students who reside in a
school district where a charter school i s located shall not be
required to obtain a transfer in order to attend a charter school in
the school district of residence. If capacity is insufficient to
enroll all eligible students, the charter school shall select
students through a lottery selection process. Except for a charter
Req. No. 7065 Page 71 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
school sponsored by the State Board of Education, a A charter school
shall give enrollment preference to eligible students who reside
within the boundaries of the school district in which the charter
school is located. Except for a charter school sponsored by the
State Board of Education, a charter school created after November 1,
2010, shall give enrollment preference to eligible students who
reside within the boundaries of the school district in which the
charter school is located and who attend a school site that has been
identified as in need of improvement by the State Board of Education
pursuant to the Elementary and Secondary Education Act of 1965, as
amended or reauthorized. A charter school may limit admission to
students within a given age group or grade level. A char ter school
sponsored by the State Board of Education Statewide Charter School
Board when the applicant of the charter school is the Office of
Juvenile Affairs shall limit admission to youth that are in the
custody or supervision of the Office of Juvenile A ffairs.
B. Except for a charter school sponsored by the State Board of
Education, a A charter school shall admit students who reside in the
attendance area of a school or in a school district that is under a
court order of desegregation or that is a party to an agreement with
the United States Department of Education Office for Civil Rights
directed towards mediating alleged or proven racial discrimination
unless notice is received from the resident sc hool district that
admission of the student would viola te the court order or agreement.
Req. No. 7065 Page 72 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. A charter school may designate a specific geographic area
within the school district in which the charter school is located as
an academic enterprise zone and may l imit admissions to students who
reside within that area . An academic enterprise zone shall be a
geographic area in which sixty percent (60%) or more of the children
who reside in the area qualify for the free or reduced school lunch
program.
D. Except as provided in subsections B and C of this section, a
charter school or virtual charter school shall not limit admission
based on ethnicity, national origin, gender, income level, disabling
condition, proficiency in the English language, measures of
achievement, aptitude, or athletic ability.
E. A sponsor of a charter school shall not restrict the number
of students a charter school or virtual charter school may enroll.
The capacity of the a charter school or virtual charter school shall
be determined annually quarterly by the governing board of the
charter school or virtual charter sch ool based on the ability of the
charter school to facilitate the academic success of the students,
to achieve the other objectives specified in the charter contract,
and to ensure that the student enrollment does not exceed the
capacity of its facility or site pursuant to the provisions of
Section 8-101.2 of this title.
F. Upon request of the charter school, the school district in
which the charter school is located shall provide directory
Req. No. 7065 Page 73 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
information for students residing in the s chool district pursuant to
Section 24A.16 of Title 51 of the Oklahoma Statutes.
G. Beginning July 1, 2024, each statewide virtual charter
school which has been approved and spons ored by the Statewide
Charter School Board or any virtual charter school for which the
Board has assumed sponsorship as provided for in Section 1 of this
act shall be considered a statewide virtual charter school and the
geographic boundaries of each state wide virtual charter school shall
be the borders of the state.
H. Beginning July 1, 2024, students enrolled full-time in a
statewide virtual charter school sponsored by the Statewide Charter
School Board shall not be authorized to participate in any
activities administered by the Oklahoma Secondary Schools Activities
Association. However, the students may participate in intramural
activities sponsored by a statewide virtual charter school, an
online provider for the charter school, or any other outside
organization.
I. 1. Beginning July 1, 2024, a public school student who
wishes to enroll in a virtual c harter school shall be considered a
transfer student from his or her resident school district. A
virtual charter school shall pre-enroll any public school student
whose parent or legal guardian expresses intent to enroll in the
district. Upon pre-enrollment, the State Department of Education
shall initiate a transfer on a form to be completed by the receiving
Req. No. 7065 Page 74 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
virtual charter school. Upon approval of the receiving virtual
charter school, the student may begin instructional activities.
Upon notice that a public school student has transferred to a
virtual charter school, the resident school district shall transmit
the student's records within three (3) school days.
2. The State Department of Education shall notify the
Legislature and Governor if it determi nes that the information
technology infrastructure necessary to process the transfer of
students to a virtual charter school is inadequate and additional
time is needed for implementation.
3. A public school student may transfer to one statewide
virtual charter school at any time during a school year. For
purposes of this subsection, "school year" shall mean July 1 through
the following June 30. After one statewide virtual charter school
transfer during a school year, no public school student shall be
permitted to transfer to any other statewide virtual charter school
without the concurrence of both the resident school district and the
receiving virtual charter school. A student shall have a grace
period of fifteen (15) school days from the first day of enrollment
in a statewide virtual charter school to withdraw without academic
penalty and shall continue to have the option of one virtual charter
school transfer without the concurrence of both districts during
that same school year. A statewide virtual charter school student
that has utilized the allowable one transfer pursuant to this
Req. No. 7065 Page 75 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
subsection shall not be permitted to transfer to another district or
other statewide virtual charter school without first notifying his
or her resident district and initia ting a new transfer. Upon
cancellation of a transfer, the virtual charter school shall
transmit the student's records to the student's new school district
within three (3) school days. Students enrolled in a statewide
virtual charter school shall not be r equired to submit a virtual
charter transfer for consecutive years of enrollment. Any student
enrolled in a statewide virtual charter school the year prior to the
implementation of this section shall not be required to submit a
transfer in order to remain enrolled.
J. 1. Beginning July 1, 2024, a student shall be eligible to
enroll in a statewide virtual charter school sponsored by the
Statewide Charter School Board pursuant to Section 1 of this act if
he or she is a student whose parent or legal guardia n is transferred
or is pending transfer to a military installation within this state
while on active military duty pursuant to an official military
order.
2. A statewide virtual charter school shall accept applications
by electronic means for enrollment a nd course registration for
students described in paragraph 1 of this subsection.
3. The parent or legal guardian of a student described in
paragraph 1 of this subsection shall provide proof of residence in
this state within ten (10) days after the publish ed arrival date
Req. No. 7065 Page 76 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
provided on official documentation. A parent or legal guardian may
use the following addresses as proof of residence:
a. a temporary on-base billeting facility,
b. a purchased or leased home or apartment, or
c. federal government or p ublic-private venture off-base
military housing.
4. The provisions of paragraph 3 of subsection H shall apply to
students described in paragraph 1 o f this subsection.
5. For purposes of this subsection:
a. "active military duty" means full-time military duty
status in the active uniformed service of the United
States, including members of the National Guard and
Military Reserve on active duty orders , and
b. "military installation" means a base, camp, post,
station, yard, center, homeport facility for any ship ,
or other installation under the jurisdiction of the
Department of Defense or the United States Coast
Guard.
SECTION 11. AMENDATORY 70 O.S. 2021, Section 3 -142, is
amended to read as follows:
Section 3-142. A. The student membership and attendance of the
a charter school shall be considered separate from the student
membership and attendance of the sponsor for the purpose of
calculating enrollment and funding including weighted average daily
Req. No. 7065 Page 77 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
membership pursuant to Section 18-201.1 of this title and State Aid
pursuant to Section 18-200.1 of this title. A charter school shall
receive the State Aid allocation, federal funds to which it is
eligible and qualifies for, and any other state-appropriated revenue
generated by its students for the applicable year. Not more than
three percent (3%) of the State Aid allocation may be charged by the
sponsor as a fee for administrative services r endered if the sponsor
is a school district, a comprehensive or regional inst itution of
higher education, a community college, or a federally recognized
Indian tribe pursuant to Section 3-132 of this title. The Statewide
Charter School Board shall not charge any charter school or virtual
charter school a fee for administrative or other services. The
State Board of Education State Department of Education shall
determine the policy and procedure for making payments to a charter
school. The fee for administrative services as authorized in this
subsection shall only be assessed on th e State Aid allocation amo unt
and shall not be assessed on any other appropriated amounts. A
sponsor of a charter school shall not charge any additional State
Aid allocation or charge the charter school any additional fee above
the amounts allowed by this subsection unless the add itional fees
are for additional services rendered. The charter school sponsor
shall provide to the State Department of Education financial records
documenting any state funds charged by the sponsor for
administrative services ren dered for the previous yea r.
Req. No. 7065 Page 78 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. The fee for administrative services authorized by subsection
A of this section shall be used by the sponsor to provide oversight
and services to the charter schools it sponsors. The State
Department of Education shall deve lop data codes for the Okl ahoma
Cost Accounting System, which shall be used to comply with the
administrative services reporting required by this section. A
charter school sponsor shall publish a detailed report on its
website and present the report in a p ublic meeting of the chart er
school governing board and the charter school sponsor governing
board. The report shall provide sponsor performance and
stewardship, including compliance with all applicable laws,
regulations, and terms of the charter contract and listing expenses
related to oversight and services provided by the sponsor to the
charter schools it sponsors.
1. The weighted average daily membership for the first year of
operation of a charter school shall be deter mined initially by
multiplying the actual enroll ment of students as of August 1 by
1.333. The charter school shall receive revenue equal to that which
would be generated by the estimated weighted average daily
membership calculated pursuant to this paragr aph. At midyear, the
allocation for the charter school shall be adjusted using the first
quarter weighted average daily membership for the chart er school
calculated pursuant to subsection A of this section.
Req. No. 7065 Page 79 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. For the purpose of calculating weighted aver age daily
membership pursuant to Section 18-201.1 of this title and State Aid
pursuant to Section 18-200.1 of this title, the weighted average
daily membership for the first year of operation and each year
thereafter of a charter school or full-time statewide virtual
charter school sponsored by the State wide Virtual Charter School
Board shall be determined by multiplying the actual enrollment of
students as of August 1 by 1.333. The charter school or full-time
virtual charter school shall receive revenue equal to that which
would be generated by the estimated weig hted average daily
membership calculated pursuant to this paragraph. At midyear, the
allocation for the charter school or full-time statewide virtual
charter school shall be adjusted using the first quarter weighted
average daily membership for the charter school or virtual charter
school calculated pursuant to subsection A of this section .
C. Except as explicitly authorized by state law, a charter
school or virtual charter school shall not be eligible to receive
state-dedicated, local, or county revenue; provided, a charter
school or virtual charter school may be eligible to receive any
other aid, grants, or revenues allowed to other schools. A charter
school or virtual charter school shall be considered a local
education agency for purposes of funding.
D. Any unexpended funds received by a charter school or virtual
charter school may be reserved and used for future purposes. The
Req. No. 7065 Page 80 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
governing body board of a charter school or virtual charter s chool
shall not levy taxes or issue bonds. If otherwise allowed by law,
the governing body board of a charter school or virtual charter
school may enter into private contracts for the purposes of
borrowing money from lenders. If the governing body board of the
charter school or virtual charter school borrows money, the charter
school or virtual charter school shall be solely responsible for
repaying the debt, and the state or the sponsor shall not in any way
be responsible or obligated to repay the debt.
E. Any charter school or virtual charter school which chooses
to lease property shall be eligible to receive current government
lease rates.
F. Except as otherwise provided in this subsection, each
charter school shall pay to the Charter School Closure Reimbursement
Revolving Fund created in subsection G of this section an amount
equal to Five Dollars ($5.00) per student based on average daily
membership, as defined by paragraph 2 of Section 18-107 of this
title, during the first nine (9) weeks of the school year. Each
charter school shall complete the payment every school year within
thirty (30) days after the first nine (9) weeks of the school year.
If the Charter School Closure Reimbursement Revolving Fund has a
balance of One Million Dollars ($1,000,000.00) or more on July 1, no
payment shall be required the following school year.
Req. No. 7065 Page 81 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
G. There is hereby created in the State Treasury a revolving
fund for the State Department of Education Statewide Charter School
Board to be designated the "Charter School Closure Reimbursement
Revolving Fund". The fund shall be a cont inuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the State Department of Education Statewide Charter School Board
from charter schools as provided in subsection F of this section.
All monies accruing to the credit of said the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Education Statewide Charter School Board for the
purpose of reimbursing charter school sponsors for costs paying for
expenditures incurred due to the closure of a charter school.
Expenditures from said the fund shall be made upon war rants issued
by the State Treasurer against claims filed as prescribed by law
with the Director of the Office of Management and Enterprise
Services for approval and payment. The State Department of
Education may promulgate rules regarding sponsor eligibil ity for
reimbursement.
SECTION 12. AMENDATORY 70 O.S. 2021, Section 3 -143, is
amended to read as follows:
Section 3-143. The State Board of Education Statewide Charter
School Board shall issue an annual report to the Legislature a nd the
Governor outlining the status of charter schools and virtual charter
schools in the state. Each charter school and virtual charter
Req. No. 7065 Page 82 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
school shall annually file a report with the Office of
Accountability. The report Statewide Charter School Board that
shall include such information as requested by the Office of
Accountability, Board including, but not limited to, information on
enrollment, testing, curricu lum, finances, and employees.
SECTION 13. AMENDATORY 70 O.S. 2021, Section 3-144, is
amended to read as follows:
Section 3-144. A. There is hereby created in the State
Treasury a fund to be designated the "Charter Schools Incenti ve
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall c onsist of all monies appropriated by
the Legislature, gifts, grants, devises, and donations from any
public or private source. The State Department of Educa tion
Statewide Charter School Board shall administer the fund for the
purpose of providing financia l support to charter school and virtual
charter school applicants and charter schools and virtual charter
schools for start-up costs and costs associated wit h renovating or
remodeling existing buildings and structures for use by a charter
school. The State Department of Education Statewide Charter School
Board is authorized to allocate funds on a per-pupil basis for
purposes of providing matching funds for th e federal State Charter
School Facilities Incentive Grants Program created pursuant to the
No Child Left Behind Act, 20 USCA, Section 7221d.
Req. No. 7065 Page 83 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. The State Board of Education shall adopt rules to implement
the provisions of this section, including application and
notification requirements.
SECTION 14. AMENDATORY 70 O.S. 2021, Section 3 -145.5, as
amended by Section 2, Chapter 153, O.S.L. 2022 (7 0 O.S. Supp. 2022,
Section 3-145.5), is amended to read as follows:
Section 3-145.5 A. Notwithstanding any other provision o f law,
beginning July 1, 2014, no school district shall enter into a
virtual charter school contract with a provider to provide full-time
virtual education to students who do not reside wi thin the school
district boundaries.
B. Effective July 1, 2014, the Statewide Virtual Charter School
Board shall succeed to any contractual rights and responsibilities
incurred by a school dist rict in a virtual charter school contract
executed prior to Ja nuary 1, 2014, with a pro vider to provide full -
time virtual educatio n to students who do not reside within the
school district boundaries. All property, equipment, supplies,
records, assets, current and future liability, encumbrances,
obligations, and indebtedness associated with the contract shall be
transferred to the S tatewide Virtual Charter School Board.
Appropriate conveyances and other documents shall be executed to
effectuate the transf er of any property associated with the
contract. Upon success ion of the contract, the Board shall assume
sponsorship of the virtu al charter school for the remainder of the
Req. No. 7065 Page 84 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
term of the contract. Prior to the end of the current term of the
contract, the Board shall allow the provider of the virtual charter
school to apply for renewal of the contract with the Boar d in
accordance with the renewal procedures established pursuant to
Section 3-145.3 of this title.
SECTION 15. AMENDATORY 70 O.S. 2021, Section 3 -145.7, is
amended to read as follows:
Section 3-145.7 There A. Until July 1, 2024, there is hereby
created in the State Treasury a revolving fund for the Statewide
Virtual Charter School Board to be designated the "Statewide Virtual
Charter School Board Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Statewide Virtual Charter
School Board from State Aid pursuant to Section 3 -145.3 of Title 70
of the Oklahoma Statutes this title or any other state
appropriation. All monies accruing to the credit of the fu nd are
hereby appropriated and may be budgeted and expended by the
Statewide Virtual Charter School Bo ard for the purpose of supporting
the mission of the Statewide Virtual Charter School Board.
Expenditures from the fund shall be made upon warrants issue d by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
Req. No. 7065 Page 85 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. On July 1, 2024, the Statewide Virtual Charter School Board
shall transfer any unencumber ed funds in the Statewide Virtual
Charter School Board Revolving Fund to the Statewide Charter School
Board Revolving Fund created pursuant t o Section 3 of this act. Any
funds which are unexpended o n January 1, 2025 shall be transferred
to the Statewide Charter School Board Revolving Fund.
SECTION 16. AMENDATORY 70 O.S. 2021, Section 3 -145.8, is
amended to read as follows:
Section 3-145.8 A. It shall be the duty of each vir tual
charter school approved and sponsored by the Statewide Virtual
School Board pursuant to the provisions of Section 3-145.3 of Title
70 of the Oklahoma Statutes Statewide Charter School Board to keep a
full and complete record of the attendance of all s tudents enrolled
in the virtual charter school in one o f the student information
systems approved by the State Department of Education and locally
selected by the virtual school from the ap proved list.
B. By July 1, 2020, the governing body board of each virtual
charter school shall adopt an attendance policy . The policy may
allow attendance to be a proportional amount of the required
attendance policy provision s based upon the date of enrollmen t of
the student. The attendance policy shall include the following
provisions:
1. The first date of attendance an d membership shall be the
first date the student comple tes an instructional activity.
Req. No. 7065 Page 86 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. A student who at tends a virtual charter school sha ll be
considered in attendance for a quarter if the student:
a. completes instructional activities on no less than
ninety percent (90%) of the days within the quarter,
b. is on pace for on-time completion of the course as
defined by the governing board of the virtual charter
school, or
c. completes no less than seventy-two instructional
activities within the quarter of the academic year.
3. For a student who does not meet any of the criteria set
forth in paragraph 1 or 2 o f this subsection, the amount of
attendance recorded shall be the greater of:
a. the number of school days during which the student
completed the instructional activities during the
quarter,
b. the number of school days proportional to the
percentage of the course that has been completed, or
c. the number of school days proportional to the
percentage of the required minimum number of completed
instructional activities during the quarter.
C. For the purposes of this section, "instructional activities"
shall include instructional meetings wi th a teacher, completed
assignments that are used to record a grade for a student that is
factored into the student 's grade for the semester during which the
Req. No. 7065 Page 87 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
assignment is completed, testing, and school-sanctioned field trips,
and orientation.
D. Each statewide virtual charter school approved and sponsored
by the Statewide Virtual Charter School Board pursuant to the
provisions of Section 3-145.3 of this title Statewide Charter School
Board shall offer a student orientatio n, notify the parent or legal
guardian and each student who enrolls in that school of the
requirement to participate in the student orientation, and r equire
all students enrolled to complete the student or ientation prior to
completing any other instruction al activity. The Statewide Virtual
Charter School Board Statewide Charter School Board shall promulgate
rules to develop materials for orientation.
E. Any student that is behind pace and does not complet e an
instructional activity for a fifteen-school-day period shall be
withdrawn for truancy. The virtual charter school shall submit a
notification to the parent or legal guardian of a student who has
been withdrawn for truancy or is approaching truancy.
F. A student who is reported for truancy two times in the same
school year shall be withdraw n and prohibited from enrolling in the
same virtual charter school for the remainder of the school year.
G. The governing body board of each statewide virtual char ter
school shall develop, adopt, and post on the school 's website a
policy regarding consequences for a student's failure to attend
school and complete instructional activities. The policy shall
Req. No. 7065 Page 88 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
state, at a minimum, that if a student fails to consistently attend
school and complete instructional activities afte r receiving a
notification pursuant to su bsection E of this section and reasonable
intervention strategies have been implemented, a student shal l be
subject to certain consequences including withdraw al from the school
for truancy.
H. If a statewide virtua l charter school withdraws a student
pursuant to subsections F and G of this section, the virtual charter
school shall immediately notify the st udent's resident district in
writing of the student 's disenrollment.
I. The provisions of subsections F, G, and H of this section
shall not be in effect until the implementation of subsection H D of
Section 3-145.3 of this title.
J. The Statewide Virtual Charter School Board Statewide Charter
School Board may promulgate rules to implement the provisions of
this section.
SECTION 17. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-145.9 of Title 70, unless
there is created a duplication in numbering, reads as follows:
Beginning with the 2024-2025 school year, members of a charter
school sponsor governing board shall designate a representative from
the board to complete an annual sponsor workshop requ irement
provided by the Statewide Charter School Board for a minimum of two
(2) hours but not to exceed twelve (12) hours . The sponsor workshop
Req. No. 7065 Page 89 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall include, but not be limited to, information regardin g the
Charter Schools Act, charter governance , Internal Revenue Services
rules for nonprofits, and school finance laws.
SECTION 18. AMENDATORY 70 O.S. 2021, Section 5 -200, is
amended to read as follows:
Section 5-200. A. As used in this section, "educational
management organization" means a for-profit or nonprofit
organization that recei ves public funds to provide administration
and management services for a charter school, statewide virtual
charter school or traditional public school.
B. A charter school that contracts with an educational
management organization shall use the Oklahoma C ost Accounting
System (OCAS) to report the total amount paid to an educational
management organization pursuant to the terms of the contract as
well as actual itemized expenditure information for the goods or
services provided by the management organizatio n as defined by OCAS
expenditure codes, inc luding the total compensation package of the
superintendent including the base salary, insurance, re tirement and
other fringe benefits.
C. Any Pursuant to Internal Revenue Service guidelines, any
owner of an educational management organization shall be re quired to
disclose to the governing board of the school in a public meeting
any ownership position i n any business that contracts or proposes to
Req. No. 7065 Page 90 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
contract with the same public school that the educational management
organization is managing.
D. Whenever any person shall enter into a contract with any
school district or public charter school in the state t o teach in
such school district or public charter school the contract shall be
binding on the teacher and on the board of education until the
teacher legally has been discharged from the teaching position or
released by the board of education from the cont ract. Except as
provided in Section 5-106A of Title 70 of the Oklahoma Statutes this
title, until such teacher h as been thus discharged or released, the
teacher shall not have authority to enter into a contract with any
other board of education in Oklahom a for the same time covered by
the original contract. If upon written complaint by the board of
education in a district any teacher is reported to have fai led to
obey the terms of the contract p reviously made and to have entered
into a contract with anoth er board of education, including a public
charter school board of education, without having been released from
the former contract except as provided in Sec tion 5-106A of Title 70
of the Oklahoma Statutes this title, the teacher, upon being found
to be employed full-time for another public school, including a
public charter school in the state, at a hearing held befo re the
State Board of Education, shall have such teacher's certificate
suspended for the rema inder of the term for which the contract was
made.
Req. No. 7065 Page 91 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 19. AMENDATORY 70 O.S. 2021, Section 18-124, is
amended to read as follows:
Section 18-124. A. Any school district with an average daily
attendance (ADA) of more than one thousand five hundred (1,500)
students for the preceding year which expends for administrative
services in the 2005-06 school year or any school year thereafter,
less expenditures for legal services, more than five percent (5%) of
the amount it expends for total expenditures, less expenditures for
legal services, shall have the amount which exceeds the five percent
(5%) withheld the following year from the Foundati on and Salary
Incentive Aid for the school district.
B. Any school distric t with an average daily attendance (ADA)
of more than five hundred ( 500) students but not more than one
thousand five hundred (1,500) students for the preceding year which
expends for administrative services in the 2005 -06 school year or
any school year thereafter, less expenditures for legal services,
more than seven percent (7%) of the amount it expends for total
expenditures, less expenditures for legal services, shall have the
amount which exceeds the seven percent (7%) withheld the following
year from the Foundation and Salary Incentive Aid for the school
district.
C. Any school district with an average daily attendance (ADA)
of five hundred (500) or fewer students for the prece ding year which
expends for administrative services in the 2005-06 school year or
Req. No. 7065 Page 92 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
any school year thereafter, less expenditures for legal servi ces,
more than eight percent (8%) of the amount it expends for total
expenditures, less expenditures for legal se rvices, shall have the
amount which exceeds the eight percent (8%) withheld the following
year from the Foundation and Salary Incentive Aid for the school
district.
D. The provisions of this section shall apply to charter
schools and virtual charter schoo ls which contract with an
educational management organization as defined in Section 5-200 of
this title. The expenditure limits shall not exce ed the percentages
prescribed in subsections A, B, and C of this section, and the
calculation of administrative s ervices for schools which contract
with an educational management organizat ion shall be the combined
amount of administrative services expended by the school and the
educational management organization.
E. For purposes of this section, "administrative services"
means costs associated with:
1. Staff for the board of education;
2. The secretary/clerk for the board of education;
3. Staff relations;
4. Negotiations staff;
5. Immediate staff of the superintendent, any elementary
superintendent or any assis tant superintendent;
Req. No. 7065 Page 93 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. Any superintendent , elementary superintendent, or assistant
superintendent;
7. Any employee of a school district empl oyed as a director,
coordinator, supervisor, or who has responsibility for
administrative functions of a school d istrict; and
8. Any consultant hired by th e school district; and
9. Administrative services paid to an educational management
organization as defined in Section 5-200 of this title.
E. F. If an employee of a school district is employed in a
position where part of the employee's time is spent as an
administrator and part of the time is spent in nonadministrative
functions, the percentage of time spent as an administrator shall be
included as administrative services. A superintendent who spends
part of the time performing exempted nonadministrativ e services such
as teaching in the classroom, serving as a principal, counselor, or
library media specialist, can code up to forty percent (40%) of
their salary to other nonadministrative functions. The total amount
of time a superintendent of a school di strict spends performing
services for a school district shall be included as administrative
services even if part of the time the superintendent is performing
nonexempted nonadministrative service functions . The total amount
received by a superintendent from the school district as salary, for
the performance of administrative and nonexempted nonadminist rative
Req. No. 7065 Page 94 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
services, shall be recorded under the code for superintendent salary
as provided for in the Oklahoma Cost Accounting System.
F. G. Each school site within a school district shall t ake
steps to ensure that the administrative costs for the school com ply
with the expenditure limits established for school districts in this
section.
G. H. Funds withheld pursuant to the provisions of this section
shall be distributed through the State Ai d formula to the districts
not so penalized.
H. I. For the 2003-04 and 2004-05 school year, school districts
shall report to the State Department of Education the costs
associated with administrative services for the school district as
defined in subsection D of this section.
SECTION 20. AMENDATORY 70 O.S. 2021, Section 1210.704,
is amended to read as follows:
Section 1210.704 A. Beginning with the 2024 –2025 school year,
all public high schools in this state shall make a minimum of four
advanced placement courses available to student s.
B. Local School district boards of education in each district
shall be responsible for ensuring annually that all high sch ool
students have access to advanced place ment courses beginning in the
2024-2025 school year. Such access may be provided through
enrollment in courses offered through:
1. A school site or sites within the district;
Req. No. 7065 Page 95 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. A career and technology instituti on technology center school
within the district;
3. A An online learning program offered by the Statewide
Virtual Charter School Board Statewide Charter School Board or one
of its vendors; or
4. A school site or sites in another school district.
C. The Statewide Virtual Charter School Board Statewide Charter
School Board shall maintain an online learning platform to provide
high quality online learning opportunities for Oklahoma students
that are aligned with the subject matter standards adopted by the
State Board of Education pursuant to Sectio n 11-103.6 of Title 70 of
the Oklahoma Statutes this title. The Board shall implement o nline
courses, with an emphasis on science, technology, engineering, and
math (STEM) courses, foreign language courses, and advanced
placement courses. The online plat form shall be available to all
Oklahoma school districts.
D. The State Department of Ed ucation shall provide information
to all local boards of education, to be distributed to their
students and parents, on available opportunities and the enrollment
process for students to take advanced placement cour ses. The
information shall explain the v alue of advanced placement courses in
preparing students for postsecondary-level coursework, enabling
students to gain access to postsecondary opportunities, and
qualifying for scholarships and other financial aid o pportunities.
Req. No. 7065 Page 96 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. The State Department of Education shall retain records of
which options outlined in subsection B of this section local boards
of education selected for their students and make the information
available on the Department's website.
F. As used in this section, "advanced placement course" shall
have the same meaning as provided in paragraph 1 of Section 1210.702
of Title 70 of the Oklahoma Statutes this title.
SECTION 21. REPEALER 70 O.S. 2021, Sections 3-135, 3-
145.1, 3-145.2, 3-145.3, and 3-145.4, are hereby repealed.
SECTION 22. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, 17, 18, 19, 20, and 21 of this act shall become effective July
1, 2024.
SECTION 23. Sections 1, 2, and 3 of this act shall become
effective July 1, 2023.
SECTION 24. It being immediately necessary for the preservation
of the public peace, he alth or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-7065 EK 01/10/23