Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1768 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SB1768 HFLR Page 1
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	3	+	ENGR. S. B. NO. 1768 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	2nd Session of the 59th Legislature (2024)
34		-
35		-	COMMITTEE SUBSTITUTE
36		-	FOR ENGROSSED
37		-	SENATE BILL NO. 1768 By: Thompson (Kristen), Paxton,
	28	+	ENGROSSED SENATE
	29	+	BILL NO. 1768 By: Thompson (Kristen), Paxton,
38	30		and Daniels of the Senate
39	31
40	32		and
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42		-	Baker~~, Moore,~~ and ~~Caldwell~~
43		-	~~(Chad) of the~~ House
	34	+	Baker and Moore of the
	35	+	House
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48		-
49		-	COMMITTEE SUBSTITUTE
50		-
51		-	[ schools - length of school year - emergency virtual
52		-	days - State Board of Education - virtual
53		-	instruction - notification - State Department of
54		-	Education - determination - in-person instruction –
55		-	appeal - audit of records - effective date –
56		-	emergency ]
	40	+	An Act relating to schools; amending 70 O.S. 2021,
	41	+	Section 1-109, which relates to length of the school
	42	+	year; allowing a school district or certain charter
	43	+	school to include emergency virtual days in certain
	44	+	policy; providing reasons for which emergency virtual
	45	+	days may be used; allowing the State Board of
	46	+	Education to approve use of virtual instruction;
	47	+	defining term; requiri ng notification within certain
	48	+	time period; providing for contents of notification;
	49	+	requiring the State Department of Education to ma ke
	50	+	certain determination within certain time period;
	51	+	requiring a school district or charter school to
	52	+	provide certain in-person instruction if certain
	53	+	determination is made; providing process for appeal;
	54	+	directing virtual instruction to consist of certain
	55	+	number of hours; allowing the Department to audit
	56	+	certain records and make certain determination;
	57	+	requiring certain in -person instruction if certain
	58	+	determination is made; providing process for appeal;
	59	+	defining term; updating statutory language; updating
	60	+	statutory reference; providing an effective date; and
	61	+	declaring an emergency .
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61	66		BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
62	67		SECTION 1. AMENDATORY 70 O.S. 2021, Section 1 -109, is
63	68		amended to read as follows:
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65		-	SB1768 HFLR Page 2
66		-	BOLD FACE denotes Committee Amendments. 1
	70	+	ENGR. S. B. NO. 1768 Page 2 1
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91	95		Section 1-109. A. For all public schools in Oklahoma this
92	96		state, school shall actually be in session and classroom instruction
93	97		offered:
94	98		1. For not less than one hundred eighty (180) days; or
95	99		2. For not less than one thousand eighty (1,080) hours each
96	100		school year, if a district board of education adopts a school -hours
97	101		policy and notifies th e State Board of Education prior to October 15
98	102		of the applicable school year; or
99	103		3. Beginning with the 2021 -2022 school year, for not less than
100	104		one thousand eighty (1,080) hours with a minimum of one hundred
101	105		sixty-five (165) days of instruction each school year, if a district
102	106		board of education adopts a school-hours policy and notifies the
103	107		State Board of Education prior to October 15 of the applicable
104	108		school year; or
105	109		4. Beginning with the 2021 -2022 school year, for not less than
106	110		one thousand eighty (1,080 ) hours each school year, if a district
107	111		board of education adopts a school -hours policy, notifies the State
108	112		Board of Education prior to October 15 of the applicable school
109	113		year, and meets the requirements established by the State Board of
110	114		Education pursuant to subsection H of this section.
111	115		B. A school district may not count more than thirty (30) hours
112	116		each school year that are used for attendance of professional
113	117		meetings toward the one hundred eighty (180) days or one thousand
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115		-	SB1768 HFLR Page 3
116		-	BOLD FACE denotes Committee Amendments. 1
	119	+	ENGR. S. B. NO. 1768 Page 3 1
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141	144		eighty (1,080) hours of class room instruction time required in
142	145		subsection A of this section.
143	146		C. Teachers off contract with an employing district shall not
144	147		be required by the employing school district to attend professional
145	148		meetings unless the teacher is paid additional compensation for the
146	149		additional time. Teachers may be paid a dditional compensation for
147	150		attending professional meetings in excess of their contract term.
148	151		Subject to district board of education policy or collective
149	152		bargaining agreement, additional paid professional days may be
150	153		granted for individual teachers to atte nd or participate in
151	154		professional meetings, staff development training, or National Board
152	155		certification portfolio development as provided for in Section 6 -
153	156		204.2 of this title.
154	157		D. A school district may authorize parent -teacher conferences
155	158		to be held during a regular school day. If authorized by the school
156	159		district, parent-teacher conferences shall be counted as classroom
157	160		instruction time for no more than six (6) hours per semester, for a
158	161		total of twelve (12) h ours per school year.
159	162		E. A school district may maintain school for less than a full
160	163		school year only when conditions beyond the control of school
161	164		authorities make the maintenance of the term impossible and the
162	165		State Board of Education has been apprised and has expressed
163	166		concurrence in writing.
164	167
165		-	SB1768 HFLR Page 4
166		-	BOLD FACE denotes Committee Amendments. 1
	168	+	ENGR. S. B. NO. 1768 Page 4 1
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191	193		F. The State Board of Education shall establish criteria for an
192	194		extended-day schedule for schools subject to paragraph 1 of
193	195		subsection A of this section. The criteria shall:
194	196		1. Prescribe a lengthened school day wi thin limits determined
195	197		not to be detrimental to quality instruction;
196	198		2. Ensure that the schedule is equivalent in annual hours of
197	199		instruction to the one -hundred-eighty-day school year specified in
198	200		paragraph 1 of subsection A of this section; and
199	201		3. Be consistent with the provisions of this section an d
200	202		Sections 1-111 and 1-112 of this title, but may result in fewer
201	203		annual days of instruction.
202	204		G. Notwithstanding the provisions of subsection F of this
203	205		section, a school district board of education subject to paragraph 1
204	206		of subsection A of this section ma y adopt and implement an extended -
205	207		day schedule subject to the following requirements:
206	208		1. The annual number of hours of instruction shall equal or
207	209		exceed one thousand eighty (1,080) hours, which is the equivalent of
208	210		one hundred eighty (180) days of instruc tion as specified in
209	211		subsection A of this section for six (6) hours each day as specified
210	212		in Section 1-111 of this title;
211	213		2. The annual number of days of instruction shall equal or
212	214		exceed one hundred eighty ( 180) days as specified in subsection A of
213	215		this section;
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215		-	SB1768 HFLR Page 5
216		-	BOLD FACE denotes Committee Amendments. 1
	217	+	ENGR. S. B. NO. 1768 Page 5 1
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241	242		3. The schedule adopted shall be consistent with the provisions
242	243		of Sections 1-111 and 1-112 of this title, except that for not more
243	244		than one (1) day per week, a school day shall consist of not less
244	245		than five (5) hours devoted to academic instruct ion in a regular
245	246		classroom setting;
246	247		4. The district shall hold a public hearing prior to the
247	248		adoption of an extended -day schedule authorized pursuant to this
248	249		subsection; and
249	250		5. The district shall document th e impact on student
250	251		achievement as determined b y the academic performance data score and
251	252		any other relevant factors that are a result of implementation of an
252	253		extended-day schedule authorized pursuant to this subsection and
253	254		provide an annual report to the State Board of Education of the
254	255		results. If improvement in student achievement cannot be documented
255	256		in the report, the district board of education shall revoke
256	257		authorization as provided by this subsection. If the district does
257	258		not revoke authorization aft er student achievement is not documented
258	259		in the report, the State Board of Education may deny accreditation
259	260		of any school in violation of this subsection.
260	261		H. Beginning with the 2021 -2022 school year, a school district
261	262		board of education may adopt a school -hours policy as provided for
262	263		by paragraph 4 of subsection A of this section only if it meets or
263	264		exceeds the minimum guidelines for student performance and school
264	265		district cost savings established by the State Board of Education.
265	266
266		-	SB1768 HFLR Page 6
267		-	BOLD FACE denotes Committee Amendments. 1
	267	+	ENGR. S. B. NO. 1768 Page 6 1
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292	292		The State Board of Educat ion shall promulgate rules, subject to
293	293		approval by the Legislature, establishing the minimum guidelines for
294	294		student performance and school district cost savings.
295	295		I. If subject to paragraph 2 of subsection A of this section, a
296	296		district board of education or designee may elect to close a school
297	297		during the school day for inclement weather purposes. In such an
298	298		event, the number of hours incurred in classroom instruction time
299	299		prior to school closure shall be counted toward the one thousand
300	300		eighty (1,080) hours per year requirement.
301	301		J. 1. A school district or charter school created pursuant to
302	302		Section 3-132 of this title may include in its policy adopted
303		-	pursuant to subsection A of this section up to ten (10) scheduled or
304		-	unscheduled virtual days in each school year during which
305		-	instruction shall be delivere d to students virtually. For the
306		-	purposes of this subsection, reasons for a virtual day shall only
307		-	include inclement weather, unavailability of teachers and s upport
308		-	staff due to illness or professional development or training, and
	303	+	pursuant to subsection A of this section one or more emergency
	304	+	virtual days during which instruction shall be delivered to students
	305	+	virtually. For the purposes of this subsection, reasons for an
	306	+	emergency virtual day shall only include inclement weather,
	307	+	unavailability of teachers and support staff due to illness, and
309	308		building maintenance issues. No school district or charter school
310	309		may close school to pr ovide virtual instruction except as provided
311	310		for in this subsection or as approved by the State Board of
312	311		Education. For the purposes of this subsection, “virtual
313	312		instruction” means the use of the internet or other digital
314	313		information transmission systems as a form of instruction.
	314	+	2. a. If a school district administrator determines it
	315	+	necessary to use an emergency virtual day, he or she
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316		-	SB1768 HFLR Page 7
317		-	BOLD FACE denotes Committee Amendments. 1
	317	+	ENGR. S. B. NO. 1768 Page 7 1
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342		-	2. a. If a school district administrator determines it
343		-	necessary to use a scheduled or unscheduled virtual
344		-	day, he or she shall notify the State Depart ment of
345		-	Education within seventy -two (72) hours of the
346		-	determination being made . The notification shall
347		-	include the date or dates during which virtual
348		-	instruction was to be provided and the reason for
349		-	providing virtual instruction.
	342	+	shall notify the State Department of Education within
	343	+	seventy-two (72) hours of the determination being
	344	+	made. The notification shall include the date or
	345	+	dates during which virtual instruction was to be
	346	+	provided and the reason for providing virtual
	347	+	instruction.
350	348		b. Within one calendar week of receiving the notification
351	349		required by subparagraph a of this paragraph , the
352	350		State Department of Education shall determine whether
353	351		the use of virtual instruction complied with the
354	352		provisions of this subsection. If the Department
355	353		determines use of virtual instruction did not comply
356	354		with the provisions of this subsection, the school
357	355		district or charter school shall be required to
358	356		provide an additional day of in -person instruction.
359	357		c. If the State Department of Education determines use of
360	358		virtual instruction did not comply with the provisions
361	359		of this subsection, the school district or charter
362	360		school may appeal the decision to the State Board of
363	361		Education.
364	362		3. a. Instruction delivered virtually pursuant to the
365		-	provisions of this subsection may include synchronous
	363	+	provisions of this subsection shall consist of:
	364	+	(1) a minimum of five and one -half (5 1/2) hours for
	365	+	grades kindergarten through eight in cluding at
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367		-	SB1768 HFLR Page 8
368		-	BOLD FACE denotes Committee Amendments. 1
	367	+	ENGR. S. B. NO. 1768 Page 8 1
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393		-	instruction, asynchronous instruction, or a
394		-	combination of both in accordance with the policy
395		-	adopted by the school district board of education.
396		-	Synchronous instruction delivered virtually shall be
397		-	research-based and age-appropriate for the lengt h of
398		-	time for elementary and secondary students.
399		-	b. Policy adopted by the school district board of
400		-	education shall also specify how students who do not
401		-	have Internet access at home will receive instruction
402		-	virtually.
403		-	c. Upon receiving the notification requ ired by
	392	+	least three (3) hours of synchronous instruction,
	393	+	and
	394	+	(2) a minimum of six hours for grades nine through
	395	+	twelve including at least four (4) hours of
	396	+	synchronous instruction.
	397	+	b. Upon receiving the notification required by
404	398		subparagraph a of paragr aph 2 of this subsection, the
405	399		State Department of Education may audit school
406	400		district or charter school records to determine
407	401		whether a majority of students enrolled in the school
408		-	district or charter school ~~complied~~ with the ~~virtual~~
409		-	~~policy adopted~~ by ~~the school district board of~~
410		-	~~education~~. If the Department determines less than a
	402	+	district or charter school com plied with the minimum
	403	+	hours of synchronous ins truction required by this
	404	+	paragraph. If the Department determines less than a
411	405		majority of students enrolled in the school district
412		-	or charter school complied with the virtual policy
413		-	adopted by the school district board of edu cation, the
414		-	school district or charter school shall be required to
415		-	provide an additional day of in -person instruction.
	406	+	or charter school complied with the minimum hours
	407	+	required by this paragraph, the school district or
	408	+	charter school shall be required to provide an
	409	+	additional day of in -person instruction.
	410	+	c. If the State Department of Education determines less
	411	+	than a majority of students enrolled in the school
	412	+	district or charter school complied w ith the minimum
	413	+	hours required by this paragrap h, the school district
	414	+	or charter school may appeal the decision to the State
	415	+	Board of Education.
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417		-	SB1768 HFLR Page 9
418		-	BOLD FACE denotes Committee Amendments. 1
	417	+	ENGR. S. B. NO. 1768 Page 9 1
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443		-	d. If the State Department of Education determines less
444		-	than a majority of students enrolled in th e school
445		-	district or charter school comp lied with the virtual
446		-	policy adopted by the school district board of
447		-	education, the school district or charter school may
448		-	appeal the decision to the State Board of Education .
449	442		For the purposes of this subsection, “synchronous instruction” means
450	443		real-time interaction between a teacher and students as the primary
451	444		format of instruction .
452	445		K. Nothing in this section shall be construed as affecting the
453	446		right of an employing school district to require teachers as defined
454	447		in Section 6-101.3 of this title to work in excess of the one
455	448		thousand eighty (1,080) hours required for student instruct ion. In
456	449		addition, nothing in this section shall be construed to affect the
457	450		Fair Labor Standards Act of 1938 status of any school district
458	451		employee.
459	452		K. L. The provisions of this section shall not prohibit the
460	453		Oklahoma School for the Blind or the Oklahoma School for the Deaf
461	454		from adopting an alternative school -hours policy if the Oklahoma
462	455		School for the Blind or the Oklahoma School for the Deaf notifies
463	456		and receives approval from the State Board of Education pr ior to
464	457		October 15 of the applicable school year .
465	458		SECTION 2. This act shall become effective July 1, 2024.
	459	+	SECTION 3. It being immediately necessary for the preservation
	460	+	of the public peace, health, or safety, an emergency is hereby
	461	+	declared to exist, by reason whereof this act shall take effect and
	462	+	be in full force from and after its passage and approval.
466	463
467		-	SB1768 HFLR Page 10
468		-	BOLD FACE denotes Committee Amendments. 1
	464	+	ENGR. S. B. NO. 1768 Page 10 1
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493		-	SECTION 3. It being immediately necessary for the preservation
494		-	of the public peace, he alth, or safety, an emergency is hereby
495		-	declared to exist, by reason whereof this act shall take effect and
496		-	be in full force from and after its passage and approval.
	489	+	Passed the Senate the 12th day of March, 2024.
497	490
498		-	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/09/2024
499		-	- DO PASS, As Amended and Coauthored.
	491	+
	492	+
	493	+	Presiding Officer of the Senate
	494	+
	495	+
	496	+	Passed the House of Representative s the ____ day of __________,
	497	+	2024.
	498	+
	499	+
	500	+
	501	+	Presiding Officer of the House
	502	+	of Representatives
	503	+