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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1768 By: Thompson (Kristen), Paxton,
and Daniels of the Senate
and
Baker, Moore, and Caldwell
(Chad) of the House
COMMITTEE SUBSTITUTE
[ schools - length of school year - emergency virtual
days - State Board of Education - virtual
instruction - notification - State Department of
Education - determination - in-person instruction –
appeal - audit of records - effective date –
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 school s 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 educat ion adopts a school-hours
policy and notifies the 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 est ablished 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) da ys or one thousand
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eighty (1,080) hours of classroom 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 compensat ion 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 au thorize 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) hours 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 t he
State Board of Education has been appris ed 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 d ay within 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 subje ct 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 eq uivalent 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 instru ction shall equal or
exceed one hundred eig hty (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 l ess
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 docume nt the 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. I f the district does
not revoke authorizatio n after 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 schoo l district
board of education may adopt a s chool-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 Stat e Board of Education.
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The State Board of E ducation 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 educat ion 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 coun ted 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 up to ten (10) scheduled or
unscheduled virtual days in each school year during which
instruction shall be delivere d to students virtually. For the
purposes of this subsection, reasons for a virtual day shall only
include inclement weather, unavailability of teachers and s upport
staff due to illness or professional development or training, 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 Stat e 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.
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2. a. If a school district administrator determines it
necessary to use a scheduled or unscheduled virtual
day, he or she shall notify the State Depart ment 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 com plied with the
provisions of this subsectio n. 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 may include synchronous
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instruction, asynchronous instruction, or a
combination of both in accordance with the policy
adopted by the school district board of education.
Synchronous instruction delivered virtually shall be
research-based and age-appropriate for the lengt h of
time for elementary and secondary students.
b. Policy adopted by the school district board of
education shall also specify how students who do not
have Internet access at home will receive instruction
virtually.
c. Upon receiving the notification requ ired 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 complied with the virtual
policy adopted by the school district board of
education. If the Department determines less than a
majority of students enrolled in the school district
or charter school complied with the virtual policy
adopted by the school district board of edu cation, the
school district or charter school shall be required to
provide an additional day of in -person instruction.
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d. If the State Department of Education determines less
than a majority of students enrolled in th e school
district or charter school comp lied with the virtual
policy adopted by the school district board of
education, the school district or charter school may
appeal the decision to the State Board of Education .
For the purposes of this subsection, “syn chronous 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 d istrict 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 B lind 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 De af notifies
and receives approval from t he State Board of Education pr ior to
October 15 of the applicable school year .
SECTION 2. This act shall become effective July 1, 2024.
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SECTION 3. It being immediately necessary for the preservation
of the public peace, he alth, 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.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/09/2024
- DO PASS, As Amended and Coauthored.