Oklahoma 2024 Regular Session

Oklahoma House Bill HB2180 Compare Versions

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28+ENGROSSED SENATE AMENDMENT
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331 BILL NO. 2180 By: Lowe (Dick) of the House
432
533 and
634
7- Thompson (Kristen),
8-Stanley, Coleman, Garvin,
9-Newhouse, Daniels, Pugh,
10-and Stewart of the Senate
35+ Thompson (Kristen) of the
36+Senate
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1642 An Act relating to virtual charter schools; amending
1743 70 O.S. 2021, Section 3 -145.8, which relates to
1844 virtual charter school attendance; modifying
1945 attendance requirements for virtual charter school
2046 alternative education programs; defining term;
2147 clarifying timing requirement for completion of
2248 instructional activities; authorizing virtual charter
2349 school alternative education program to request a
2450 certain student waiver; directing office of
2551 accreditation to review the request and make a
2652 determination; requiring co ntinued attendance while
2753 waiver is being reviewed; updating internal
2854 references; and providing an effective date .
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32-SUBJECT: Virtual charter schools
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60+AUTHOR: Add the following Senate Coauthors: Stanley, Coleman,
61+Garvin, Newhouse, Daniels, and Pugh
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64+AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
65+entire bill and insert
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68+“An Act relating to school employees; entitling full-
69+time public school district employees who have worked
70+for a certain amount of time to certain amount of
71+paid maternity leave; directing maternity leave be in
72+addition to certain sick leave; prohibiting employ ee
73+on maternity leave from being deprived of certa in
74+compensation or benefits; directing the Legislature
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101+to appropriate adequate funding to provide paid
102+maternity leave to certain school employees;
103+providing for allocation of funds if certain
104+appropriation is not made; providing for promulgation
105+of rules; amending 70 O.S. 2021, Section 6 -104.1,
106+which relates to leave without pay for teachers;
107+updating statutory reference; allowing maternity
108+leave in addition to certain sick leave and extended
109+leave; updating statutory language; amending 70 O.S.
110+2021, Section 6-104.5, which relates to pay
111+deductions for certain le ave; adding statutory
112+reference; allowing certain deductions after
113+exhausting certain sick leave and maternity leave;
114+amending 70 O.S. 2021, Section 6-104.6, which relates
115+to establishment of leave sharing programs; allowing
116+certain district employees to p articipate in certain
117+shared leave after exhausting maternity leave;
118+requiring maternity leave and sick leave to be used
119+prior to shared sick leave; making language gender
120+neutral; providing for cod ification; providing an
121+effective date; and declaring an e mergency.
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33124
34125 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
126+SECTION 1. NEW LAW A new section of law to be codified
127+in the Oklahoma Statutes as Section 6-104.8 of Title 70, unless
128+there is created a du plication in numbering, reads as follows:
129+A. A full-time employee of a public school district in this
130+state who has been employed by the school distric t for at least one
131+year and has worked at least one thousand two hundred fifty (1,250)
132+hours during the preceding twelve-month period shall be entitled to
133+eight (8) weeks of paid maternity leave following the birth of the
134+employee’s child. The eight (8) weeks of paid maternity leave shall
135+be used immediately following the birth of the school district
136+employee’s child.
35137
36-SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -145.8, is
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163+B. Paid maternity leave provided pursuant to this section shall
164+be in addition to and not in place of s ick leave due to pregnancy,
165+as provided for in Section 6-104 of Title 70 of the Oklahoma
166+Statutes.
167+C. A school district employee who takes maternity leave
168+pursuant to the provisions of this section shall not be deprive d of
169+any compensation or other benefi ts to which the employee is
170+otherwise entitled.
171+D. Each fiscal year, the Legislature shall appropr iate adequate
172+funding to the State Board of Education for the purpose of providing
173+paid maternity leave to eligible scho ol district employees pursuant
174+to this act. If the Legislature does not appropriate adequate
175+funding specifically for the purpose of pr oviding paid maternity
176+leave to school district employees , the State Board of Education
177+shall allocate from the funds ap propriated to the State Board of
178+Education for the support of public school activiti es an amount to
179+fully fund paid maternity leave.
180+E. The State Board of Education may promulgate rules to
181+implement the provisions of this section.
182+SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-104.1, is
37183 amended to read as follows :
184+Section 6-104.1. After exhausting sick leave and extended leave
185+pursuant to Sections 6 -104 and 6-104.5 of Title 70 of the Oklahoma
186+Statutes this title and maternity leav e pursuant to Section 1 of
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213+this act, a full-time teacher who, with the proper approv al of the
214+district board of education, takes not mor e than ninety (90) school
215+days of leave without pay to ca re for the teacher’s child during the
216+first year of the child ’s life, shall receive full credit for the
217+days on leave without pay as though the tea cher had been on leave
218+with pay for purposes of comp uting experience for the minimum
219+teacher salary schedule. A teacher on leave without pay pursuant to
220+this section who pays the actuarial cost, as determined by the Board
221+of Trustees of the Teachers ’ Retirement System of Oklahoma, shall
222+have the period during which such leave without pay is taken,
223+counted toward retirement service credit as though the teacher had
224+been on leave with pay. The teacher shall notify their his or her
225+employer and the System in writing w ithin thirty (30) days from the
226+date he or she returns to service that they he or she will pay such
227+actuarial cost. The teacher shall have up to twelve (12) months
228+from the date he or she returns to s ervice to pay such actuarial
229+cost.
230+SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-104.5, is
231+amended to read as follows:
232+Section 6-104.5. A. If, after exhausting all sick leave
233+pursuant to Section 6 -104 of this title and maternity leave pursuant
234+to Section 1 of this act, a teacher is absent from his or her duties
235+due to personal accidental injury, illness, or pregnancy, the
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262+teacher shall receive for a period of not to exceed twenty (20) days
263+his or her full contract salary less the amount:
264+1. actually Actually paid a certified substit ute teacher for
265+his or her position if a certified substitute teacher is hired; or
266+2. normally Normally paid a certified substitute teacher for
267+his or her position if a c ertified substitute teacher is not hired.
268+B. The district’s plan may provide that th e teacher is entitled
269+to payment for accrued but unused sick leave upon termination of
270+employment.
271+SECTION 4. AMENDATORY 70 O.S. 2021, Section 6 -104.6, is
272+amended to read as follows:
273+Section 6-104.6. A. The board of education of each school
274+district may establish a leave sharing program for all district
275+employees. The program shall permit district employees to donate
276+sick leave to a fellow distr ict employee who is pregnant or
277+recovering from childbirth or who is suffering from o r has a
278+relative or household member suffering from an extraordinary or
279+severe illness, injury, impa irment, or physical or mental condition
280+which has caused or is likely t o cause the employee to take leave
281+without pay or to terminate employment.
282+B. As used in this section:
283+1. “Relative of the employee” means a spouse, child, stepchild,
284+grandchild, grandparent, stepparent, or parent of the employee;
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311+2. “Household members” means those persons who reside in the
312+same home, who have reciprocal duties to and d o provide financial
313+support for one another. This term shall include foster children
314+and legal wards even if they do not live in the household. The term
315+does not include persons sharing the same general house, when the
316+living style is primarily that of a dormitory or commune;
317+3. “Severe” or “extraordinary” means serious, extreme, or life-
318+threatening including temporary disability resulting from pregnancy,
319+miscarriage, childbirth, and recovery therefrom; and
320+4. “District employee” means a teacher or any full-time
321+employee of the school district.
322+C. A district employee may be eligible to receive shared leave
323+pursuant to the following conditions:
324+1. The board of education determines that the employee meets
325+the criteria described in this section; and
326+2. The employee has abided by district policies regarding the
327+use of sick leave.
328+D. A district employee may donate annual leave to another
329+district employee only pursuant to the following conditions:
330+1. The receiving employee has exhausted, or will exhaust, only
331+maternity leave granted pursuant to Section 1 of this act or sick
332+leave earned pursuant to Sect ion 6-104 of this title due to
333+pregnancy, miscarriage, childbirth and r ecovery therefrom, an
334+illness, injury, impairment, or physical or mental condition, w hich
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361+is of an extraordinary or severe nature, and involves the employee,
362+a relative of the employee , or household member;
363+2. The condition has caused, or is likely to cau se, the
364+employee to go on leave without p ay or to terminate employment;
365+3. The board of education of the district permits the leave to
366+be shared with an eligible employee;
367+4. The amount of leave to be donated is within the limits set
368+by the board of educ ation of the district; and
369+5. District employees may not donate excess sick leave th at the
370+donor would not be able to otherwise take.
371+E. The board of education of each school district shall
372+determine the amount of donated leave an employee may receive.
373+F. The board of education shall require t he employee to submit,
374+prior to approval or disapproval, a medical certificate from a
375+licensed physician or health care practitioner verifying t he severe
376+or extraordinary nature and expected duration of the conditio n.
377+G. Donated sick leave is transferable between employees of
378+different school distr icts in the state with the agreement of both
379+boards of education of each school district.
380+H. The receiving employee shall be paid the regular rate of pay
381+of the employee. The sick leave received will be designa ted as
382+shared sick leave and be maintained s eparately from all other sick
383+leave balances.
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410+I. Any donated sick leave may only be used by the rec ipient for
411+the purposes specified in this section.
412+J. Only Maternity leave granted pursuant to Section 1 of thi s
413+act and sick leave earned pursuant to Sect ion 6-104 of this title
414+available for use by the recipient must shall be used prior to using
415+shared sick leave.
416+K. Any shared sick leave not used by the recipient during each
417+occurrence as determined by the boar d of education shall be returned
418+to the donor. The shared sick leave remaining will be divided among
419+the donors on a prorated basis based on th e original donated value
420+and returned at its original donor value and r einstated to the
421+annual leave balance of each donor.
422+L. All donated sick leave must shall be given voluntarily. No
423+employee shall be coerced, threatened, intimidated, or financially
424+induced into donating sick leave for purposes of the leave sharing
425+program.
426+M. In addition to the sick leave sha ring program provided for
427+in this section, the board of education of each school district may
428+establish a sick leave sharing bank for all distri ct employees. A
429+district employee may donate sick leave to a common fu nd which may
430+be used by any district empl oyee who is eligible to receive shared
431+leave as set forth in subsection A of this section. The terms and
432+conditions for donation and use of sic k leave to a leave sharing
433+bank shall be subject to the provisions of t his section, unless
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460+negotiations, entered into pursuant to Section 509.1 et seq. of t his
461+title, between district employees and the school district establish
462+terms and conditions for a s ick leave sharing bank in excess of
463+those provided for in this section.
464+SECTION 5. This act shall become effective July 1, 2023.
465+SECTION 6. It being immediately nece ssary for the preservation
466+of the public peace, health , or safety, an emergency is hereby
467+declared to exist, by reason whereof t his act shall take effect and
468+be in full force from and after its passage and approva l.”
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471+Passed the Senate the 27th day of April, 2023.
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475+ Presiding Officer of the Senate
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478+Passed the House of Representatives the ____ day of __________,
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483+ Presiding Officer of the House
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511+ENGROSSED HOUSE
512+BILL NO. 2180 By: Lowe (Dick) of the House
513+
514+ and
515+
516+ Thompson (Kristen) of the
517+Senate
518+
519+
520+
521+
522+
523+An Act relating to virtual charter schools; amending
524+70 O.S. 2021, Section 3 -145.8, which relates to
525+virtual charter school attendance; modifying
526+attendance requirements for virtual charter school
527+alternative education programs; defini ng term;
528+clarifying timing requirement for completion of
529+instructional activities; authorizing virtual charter
530+school alternative education program to request a
531+certain student waiver; directing office of
532+accreditation to review the request and make a
533+determination; requiring co ntinued attendance while
534+waiver is being reviewed; updating internal
535+references; and providing an effective date .
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540+
541+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
542+SECTION 7. AMENDATORY 70 O. S. 2021, Section 3-145.8, is
543+amended to read as follow s:
39544 Section 3-145.8 A. It shall be the duty of each virtual
40545 charter school approved and sponsored by the Statewide Virtual
41546 Charter School Board pursuant to the provisions of Section 3 -145.3
42547 of Title 70 of the Oklahoma Statutes this title to keep a full and
43548 complete record of the attendance of all students enrolled in the
44549 virtual charter school in one of the student information systems
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45576 approved by the State Department of Education and locally selected
46-by the virtual school from the ap proved list. ENR. H. B. NO. 2180 Page 2
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577+by the virtual school from the ap proved list.
48578 B. By July 1, 2020, the governing body of each virtual charter
49579 school shall adopt an attendanc e policy. The policy may allow
50580 attendance to be a proportional amount of the required attendance
51581 policy provisions based upon the date of enrollmen t of the student.
52582 The attendance policy shall include the following provisions:
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54583 1. The first date of atten dance and membership shall be the
55584 first date the student completes an instructional activity.
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57585 2. A student who atten ds a virtual charter school sha ll be
58586 considered in attendance for a quarter if the student:
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60587 a. completes instructional activities on no les s than
61588 ninety percent (90%) of the days within the quarter,
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63589 b. is on pace for on-time completion of the course as
64590 defined by the governing board of the virtual charter
65591 school, or
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67592 c. completes no less than seventy -two instructional
68593 activities within the qua rter of the academic year.
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70594 3. For a student who does not meet any of the criteria set
71595 forth in paragraph 1 or 2 of t his subsection, the amount of
72596 attendance recorded shal l be the greater of:
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74597 a. the number of school days during which the student
75598 completed the instructional activities during the
76599 quarter,
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78626 b. the number of school days proportional to the
79627 percentage of the course that has been completed, or
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81628 c. the number of school days proportional to the
82629 percentage of the required minimum number of completed
83630 instructional activities during the quarter.
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85631 C. For the purposes of this section, "instructional activities"
86632 shall include instructional meetings wi th a teacher, completed
87633 assignments that are used to record a grade for a student that is
88634 factored into the student's grade for the semester during which the
89635 assignment is completed, testing and school -sanctioned field trips,
90636 and orientation.
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92637 D. A student enrolled in a virtual charter school alternative
93638 education program designated by the State Department of Ed ucation
94639 who attends a full abbreviated school day shall be counted in full
95640 attendance for purposes of computing the a verage daily attendance
96641 and average daily membership o f the virtual charter school. For
97642 purposes of this subsection, "full abbreviated sch ool day" shall
98643 mean one hundred eighty-nine (189) hours per quarter or seven
99644 hundred fifty-six (756) hours per school year.
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101645 E. Each statewide virtual charter school appro ved and sponsored
102646 by the Statewide Virtual Charter School Board pursuant to the
103647 provisions of Section 3-145.3 of this title shall offer a student
104648 orientation, notify the parent or legal guardian and eac h student
105649 who enrolls in that school of the requiremen t to participate in the
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106676 student orientation, and require all students enrolled to com plete
107677 the student orientation prior to completing any other instructional
108678 activity. The Statewide Virtual Charter Sc hool Board shall
109679 promulgate rules to develop materials for orientation.
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111680 E. F. Any student that who is behind pace and does not complete
112681 an instructional activity for a fifteen-school-day period fifteen
113682 (15) consecutive days, including weekends, shall be withdrawn for
114683 truancy. The virtual charter school shal l submit a notification to
115684 the parent or legal guardian of a student who has been wit hdrawn for
116685 truancy or is approaching truancy.
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118686 F. A
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120687 G. 1. Except as provided in paragraph 2 of this s ubsection, a
121688 student who is reported for truancy two times in the sa me school
122689 year shall be withdrawn and prohibited from enrolling in the same
123690 virtual charter school for the remainder of the school year.
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125691 2. If a student is enrolled in a virtual charter school
126692 alternative education program designated by the State Departme nt of
127693 Education, the virtual charter school may request a waiver of the
128694 enrollment prohibition from the Department on behalf of a student
129695 enrolled at the virtual charter school who is reported for truan cy
130696 two times in the same school year. The office of accreditation
131697 shall review the waiver request and determine whether the student
132698 should be allowed to continue attending the virtual charter school.
133699 The student shall continue attending the virtual chart er school
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134726 while the waiver is being reviewed and until a final determination
135727 is made.
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137728 G. H. The governing body of each statewide virtual c harter
138729 school shall develop, adopt and post on the school's website a
139730 policy regarding consequences for a student's f ailure to attend
140731 school and complete ins tructional activities. The policy shall
141732 state, at a minimum, that if a student fails to consistent ly attend
142733 school and complete instructional activities after receiving a
143734 notification pursuant to subsection E F of this section and
144735 reasonable intervention st rategies have been implemented, a student
145736 shall be subject to certain consequences including with drawal from
146737 the school for truancy.
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148738 H. I. If a statewide virtual charter school withdraws a student
149739 pursuant to subsections F and G and H of this section, the virtual
150740 charter school shall immediately notify the student's resident
151741 district in writing of th e student's disenrollment.
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153742 I. J. The provisions of subsections F, G, H, and H I of this
154743 section shall not be in effe ct until the implementation of
155744 subsection H of Section 3-145.3 of this title.
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157745 J. K. The Statewide Virtual Charter School Board may promulg ate
158746 rules to implement the provisions of this section.
747+SECTION 8. This act shall become effective November 1, 2023.
159748
160-SECTION 2. This act shall become effective November 1, 2023. ENR. H. B. NO. 2180 Page 5
161-Passed the House of Rep resentatives the 22nd day of May, 2023.
749+ENGR. H. B. NO. 2180 Page 6 1
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774+Passed the House of Representatives the 8th day of March, 2023.
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164777
165778
166779 Presiding Officer of the House
167780 of Representatives
168781
169782
170783
171-Passed the Senate the 25th day of May, 2023.
784+Passed the Senate the ___ day of __________, 2023.
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176789 Presiding Officer of the Senate
177790
178791
179-OFFICE OF THE GOVERNOR
180-Received by the Office of the Governor this ___ _________________
181-day of ___________________, 20_______, a t _______ o'clock _______ M.
182-By: _________________________________
183-Approved by the Governor of the State of Oklahoma this _____ ____
184-day of ___________________, 20_______, at _______ o'clock _______ M.
185-
186-
187- _________________________________
188- Governor of the State of Oklahoma
189-
190-OFFICE OF THE SECRETARY OF STATE
191-Received by the Office of the Secretary of State this __________
192-day of ___________________, 20_______, at _______ o'clock _______ M.
193-By: _________________________________
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