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ENGROSSED SENATE
BILL NO. 1768 By: Thompson (Kristen), Paxton,
and Daniels of the Senate
and
Baker and Moore of the
House
An Act relating to schools; amending 70 O.S. 2021,
Section 1-109, which relates to length of the school
year; allowing a school district or certain charter
school to include emergency virtual days in certain
policy; providing reasons for which emergency virtual
days may be used; allowing the State Board of
Education to approve use of virtual instruction;
defining term; requiri ng notification within certain
time period; providing for contents of notification;
requiring the State Department of Education to ma ke
certain determination within certain time period;
requiring a school district or charter school to
provide certain in-person instruction if certain
determination is made; providing process for appeal;
directing virtual instruction to consist of certain
number of hours; allowing the Department to audit
certain records and make certain determination;
requiring certain in -person instruction if certain
determination is made; providing process for appeal;
defining term; updating statutory language; updating
statutory reference; providing an effective date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1 -109, is
amended to read as follows:
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Section 1-109. A. For all public schools in Oklahoma this
state, school shall actually be in session and classroom instruction
offered:
1. For not less than one hundred eighty (180) days; or
2. For not less than one thousand eighty (1,080) hours each
school year, if a district board of education adopts a school -hours
policy and notifies th e State Board of Education prior to October 15
of the applicable school year; or
3. Beginning with the 2021 -2022 school year, for not less than
one thousand eighty (1,080) hours with a minimum of one hundred
sixty-five (165) days of instruction each school year, if a district
board of education adopts a school-hours policy and notifies the
State Board of Education prior to October 15 of the applicable
school year; or
4. Beginning with the 2021 -2022 school year, for not less than
one thousand eighty (1,080 ) hours each school year, if a district
board of education adopts a school -hours policy, notifies the State
Board of Education prior to October 15 of the applicable school
year, and meets the requirements established by the State Board of
Education pursuant to subsection H of this section.
B. A school district may not count more than thirty (30) hours
each school year that are used for attendance of professional
meetings toward the one hundred eighty (180) days or one thousand
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eighty (1,080) hours of class room instruction time required in
subsection A of this section.
C. Teachers off contract with an employing district shall not
be required by the employing school district to attend professional
meetings unless the teacher is paid additional compensation for the
additional time. Teachers may be paid a dditional compensation for
attending professional meetings in excess of their contract term.
Subject to district board of education policy or collective
bargaining agreement, additional paid professional days may be
granted for individual teachers to atte nd or participate in
professional meetings, staff development training, or National Board
certification portfolio development as provided for in Section 6 -
204.2 of this title.
D. A school district may authorize parent -teacher conferences
to be held during a regular school day. If authorized by the school
district, parent-teacher conferences shall be counted as classroom
instruction time for no more than six (6) hours per semester, for a
total of twelve (12) h ours per school year.
E. A school district may maintain school for less than a full
school year only when conditions beyond the control of school
authorities make the maintenance of the term impossible and the
State Board of Education has been apprised and has expressed
concurrence in writing.
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F. The State Board of Education shall establish criteria for an
extended-day schedule for schools subject to paragraph 1 of
subsection A of this section. The criteria shall:
1. Prescribe a lengthened school day wi thin limits determined
not to be detrimental to quality instruction;
2. Ensure that the schedule is equivalent in annual hours of
instruction to the one -hundred-eighty-day school year specified in
paragraph 1 of subsection A of this section; and
3. Be consistent with the provisions of this section an d
Sections 1-111 and 1-112 of this title, but may result in fewer
annual days of instruction.
G. Notwithstanding the provisions of subsection F of this
section, a school district board of education subject to paragraph 1
of subsection A of this section ma y adopt and implement an extended -
day schedule subject to the following requirements:
1. The annual number of hours of instruction shall equal or
exceed one thousand eighty (1,080) hours, which is the equivalent of
one hundred eighty (180) days of instruc tion as specified in
subsection A of this section for six (6) hours each day as specified
in Section 1-111 of this title;
2. The annual number of days of instruction shall equal or
exceed one hundred eighty ( 180) days as specified in subsection A of
this section;
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3. The schedule adopted shall be consistent with the provisions
of Sections 1-111 and 1-112 of this title, except that for not more
than one (1) day per week, a school day shall consist of not less
than five (5) hours devoted to academic instruct ion in a regular
classroom setting;
4. The district shall hold a public hearing prior to the
adoption of an extended -day schedule authorized pursuant to this
subsection; and
5. The district shall document th e impact on student
achievement as determined b y the academic performance data score and
any other relevant factors that are a result of implementation of an
extended-day schedule authorized pursuant to this subsection and
provide an annual report to the State Board of Education of the
results. If improvement in student achievement cannot be documented
in the report, the district board of education shall revoke
authorization as provided by this subsection. If the district does
not revoke authorization aft er student achievement is not documented
in the report, the State Board of Education may deny accreditation
of any school in violation of this subsection.
H. Beginning with the 2021 -2022 school year, a school district
board of education may adopt a school -hours policy as provided for
by paragraph 4 of subsection A of this section only if it meets or
exceeds the minimum guidelines for student performance and school
district cost savings established by the State Board of Education.
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The State Board of Educat ion shall promulgate rules, subject to
approval by the Legislature, establishing the minimum guidelines for
student performance and school district cost savings.
I. If subject to paragraph 2 of subsection A of this section, a
district board of education or designee may elect to close a school
during the school day for inclement weather purposes. In such an
event, the number of hours incurred in classroom instruction time
prior to school closure shall be counted toward the one thousand
eighty (1,080) hours per year requirement.
J. 1. A school district or charter school created pursuant to
Section 3-132 of this title may include in its policy adopted
pursuant to subsection A of this section one or more emergency
virtual days during which instruction shall be delivered to students
virtually. For the purposes of this subsection, reasons for an
emergency virtual day shall only include inclement weather,
unavailability of teachers and support staff due to illness, and
building maintenance issues. No school district or charter school
may close school to pr ovide virtual instruction except as provided
for in this subsection or as approved by the State Board of
Education. For the purposes of this subsection, “virtual
instruction” means the use of the internet or other digital
information transmission systems as a form of instruction.
2. a. If a school district administrator determines it
necessary to use an emergency virtual day, he or she
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shall notify the State Department of Education within
seventy-two (72) hours of the determination being
made. The notification shall include the date or
dates during which virtual instruction was to be
provided and the reason for providing virtual
instruction.
b. Within one calendar week of receiving the notification
required by subparagraph a of this paragraph , the
State Department of Education shall determine whether
the use of virtual instruction complied with the
provisions of this subsection. If the Department
determines use of virtual instruction did not comply
with the provisions of this subsection, the school
district or charter school shall be required to
provide an additional day of in -person instruction.
c. If the State Department of Education determines use of
virtual instruction did not comply with the provisions
of this subsection, the school district or charter
school may appeal the decision to the State Board of
Education.
3. a. Instruction delivered virtually pursuant to the
provisions of this subsection shall consist of:
(1) a minimum of five and one -half (5 1/2) hours for
grades kindergarten through eight in cluding at
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least three (3) hours of synchronous instruction,
and
(2) a minimum of six hours for grades nine through
twelve including at least four (4) hours of
synchronous instruction.
b. Upon receiving the notification required by
subparagraph a of paragr aph 2 of this subsection, the
State Department of Education may audit school
district or charter school records to determine
whether a majority of students enrolled in the school
district or charter school com plied with the minimum
hours of synchronous ins truction required by this
paragraph. If the Department determines less than a
majority of students enrolled in the school district
or charter school complied with the minimum hours
required by this paragraph, the school district or
charter school shall be required to provide an
additional day of in -person instruction.
c. If the State Department of Education determines less
than a majority of students enrolled in the school
district or charter school complied w ith the minimum
hours required by this paragrap h, the school district
or charter school may appeal the decision to the State
Board of Education.
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For the purposes of this subsection, “synchronous instruction” means
real-time interaction between a teacher and students as the primary
format of instruction .
K. Nothing in this section shall be construed as affecting the
right of an employing school district to require teachers as defined
in Section 6-101.3 of this title to work in excess of the one
thousand eighty (1,080) hours required for student instruct ion. In
addition, nothing in this section shall be construed to affect the
Fair Labor Standards Act of 1938 status of any school district
employee.
K. L. The provisions of this section shall not prohibit the
Oklahoma School for the Blind or the Oklahoma School for the Deaf
from adopting an alternative school -hours policy if the Oklahoma
School for the Blind or the Oklahoma School for the Deaf notifies
and receives approval from the State Board of Education pr ior to
October 15 of the applicable school year .
SECTION 2. This act shall become effective July 1, 2024.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health, 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.
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Passed the Senate the 12th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representative s the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives