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SENATE FLOOR VERSION
April 11, 2023
ENGROSSED HOUSE
BILL NO. 2180 By: Lowe (Dick) of the House
and
Thompson (Kristen) of the
Senate
An Act relating to virtual charter schools; amending
70 O.S. 2021, Section 3 -145.8, which relates to
virtual charter school attendance; modifying
attendance requirements for virtual charter school
alternative education programs; defining term;
clarifying timing requirement for completion of
instructional activities; authorizing virtual charter
school alternative education program to request a
certain student waiver; directing office of
accreditation to review the request and make a
determination; requiring co ntinued attendance while
waiver is being reviewed; updating internal
references; and providing an e ffective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -145.8, is
amended to read as follow s:
Section 3-145.8 A. It shall be the duty of each virtual
charter school approved and sponsored by the Statewide Virtual
Charter School Board pursuant to the provisions of Section 3 -145.3
of Title 70 of the Oklahoma Sta tutes this title to keep a full and
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complete record of the attendance of all students enrolled in the
virtual charter school in one of 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 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 provisions based upon the date of enrollmen t of the student.
The attendance policy shall include the following provisions:
1. The first date of attendance and membership shall be the
first date the student completes an instructional activity.
2. A student who attends a virtual charter school sha ll be
considered in attendance for a quarter if the student:
a. completes instructional ac tivities 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 of this subsection, the amount of
attendance recorded shal l be the greater of:
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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 num ber 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
assignment is completed, testing and school -sanctioned field trips,
and orientation.
D. A student enrolled in a virtual charter school alternative
education program designated by the Stat e Department of Education
who attends a full abbreviated school day shall be counted in full
attendance for purposes of computing the average daily attendance
and average daily membership o f the virtual charter school. For
purposes of this subsection, "fu ll abbreviated school day" shall
mean one hundred eighty-nine (189) hours per quarter or seven
hundred fifty-six (756) hours per school year.
E. Each statewide virtual charter school appro ved and sponsored
by the Statewide Virtual Charter School Board pur suant to the
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provisions of Section 3-145.3 of this title shall offer a student
orientation, notify the parent or legal guardian and each student
who enrolls in that school of the requiremen t to participate in the
student orientation, and require all studen ts enrolled to complete
the student orientation prior to completing any other instructional
activity. The Statewide Virtual Charter School Board shall
promulgate rules to develop materials for orientation.
E. F. Any student that who is behind pace and do es not complete
an instructional activity for a fifteen-school-day period fifteen
(15) consecutive days, including weekends, shall be withdrawn for
truancy. The virtual charter school shal l submit a notification to
the parent or legal guardian of a studen t who has been withdrawn for
truancy or is approaching truancy.
F. A
G. 1. Except as provided in paragraph 2 of this s ubsection, a
student who is reported for truancy two times in the sa me school
year shall be withdrawn and prohibited from enrolling in the same
virtual charter school for the remainder of the school year.
2. If a student is enrolled in a virtual charter school
alternative education program designated by the State Departme nt of
Education, the virtual charter school may request a waiver of the
enrollment prohibition from the Department on behalf of a student
enrolled at the virtual charter school who is reported for truancy
two times in the same school year. The office of accreditation
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shall review the waiver request and determine whether the student
should be allowed to continue attending the virtual charter school.
The student shall continue attending the virtual charter school
while the waiver is being reviewed and until a final determination
is made.
G. H. The governing body of each s tatewide virtual charter
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 ins tructional activities. The policy shall
state, at a minimum, that if a student f ails to consistently attend
school and complete instructional activities after receiving a
notification pursuant to subsection E F of this section and
reasonable intervention st rategies have been implemented, a student
shall be subject to certain consequen ces including withdrawal from
the school for truancy.
H. I. If a statewide virtual charter school withdraws a student
pursuant to subsections F and G and H of this section, the virtual
charter school shall immediately notify the student's resident
district in writing of the student's disenrollment.
I. J. The provisions of subsections F, G, H, and H I of this
section shall not be in effect until the implementation of
subsection H of Section 3-145.3 of this title.
J. K. The Statewide Virtual Charter School Board may promulgate
rules to implement the provisions of this section.
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SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
April 11, 2023 - DO PASS