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STATE OF OKLAHOMA
1st Session of the 59th Le gislature (2023)
HOUSE BILL 2413 By: Johns
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 5-200, which relates to educational
management organizations ; modifying definition;
requiring new contracts only be executed with certain
educational management organization s; authorizing
certain contracts to remain effective until
expiration, termination, or renewal ; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 an
organization that receives public funds to provide administration
and management services for a charter school, statewide virtual
charter school or traditional public schoo l.
B. Beginning November 1, 2023, a charter school or virtual
charter school that executes a new contract or renews a contract
with an educational management orga nization shall only contract with
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an educational management organization that is a nonprofit
organization or a benefit corporation organized pursuant to the
Oklahoma Benefit Corporation Act. If a charter school or virtual
charter school has an existing contract with an educational
management organization that is not a nonprofit organization or
benefit corporation on or before October 1, 2023 , the contract may
remain in effect until the contract term expires , terminates, or is
eligible for renewal.
C. A charter school that contracts with an educational
management organizati on shall use the Oklahoma Cost Accounting
System (OCAS) to report the total am ount paid to an educa tional
management organization as well as itemized expenditure information
for the goods or services provided by the management organization as
defined by OCAS expenditure codes, including the total compensation
package of the superint endent including the base salary, insurance,
retirement and other fringe benefits.
C. D. Any owner of an educational management organization shall
be required to disclose to the go verning board of the school in a
public meeting any ownership position in a ny business that cont racts
or proposes to contract with the same public school that the
educational management organization is managing.
D. E. Whenever any person shall enter into a c ontract 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
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binding on the teacher and on the board of education until the
teacher legally has been discharged from t he 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,
until such teacher has been thus discharged or released, the teacher
shall not have authority to enter into a contract with any other
board of education in Oklahoma for the s ame time covered by t he
original contract. If upon written complaint by the board of
education in a district any teacher is reported to have failed to
obey the terms of the contract p reviously made and to have entered
into a contract with another board of education, including a public
charter school board of education, without having been released from
the former contract except as provided in Section 5 -106A of Title 70
of the Oklahoma Statutes, the teacher, upon being found to be
employed full-time for another public school, including a public
charter school in the state, at a hearing held before the State
Board of Education, shall have such teacher 's certificate suspended
for the remainder of the term for which the contract was made.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6165 EK 01/13/23