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ENGROSSED SENATE
BILL NO. 1895 By: Thompson (Kristen) of the
Senate
and
Lowe (Dick) of the House
An Act relating to alternative education; amending 70
O.S. 2021, Section 1210.568, which relates to a
statewide system of alternative education progr ams;
removing outdated language; directing certain
statewide system to include certain designated
schools; allowing a school district to implement
certain program using full -time virtual or blended
instruction; subjecting certain charter schools and
virtual charter schools to certain provisions;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.568, is
amended to read as follows:
Section 1210.568. A. 1. Beginning with the first semester of
the 1996-1997 school year, the State Board of Education shall
implement a statewide system of alternative education programs which
shall be phased-in within seven (7) years. The s tatewide system
shall include but not be limited to Alternative Approaches grant
programs, funded pursuant to Section 1210.561 of this title, and
alternative academies or alternative programs implemented pursuant
to this section.
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2. Beginning with the fir st semester of the 2020 -2021 school
year, the State Board of Education shall implement a statewide
system of alternative education. The statewide system shall include
alternative education programs implemented pursuant to this section
and charter schools and virtual charter schools that have been
designated by the State Department of Education as imp lementing an
alternative education program .
B. All school districts of this state serving students in
grades seven through twelve shall provide alternative ed ucation
programs that conform to the requirements of statutes and rules
applicable to alternative education. A program shall:
1. Allow class sizes and student/teacher ratios which are
conducive to effective learning for at -risk students;
2. Incorporate appropriate structure, curriculum, and
interaction and reinforcement strategies designed to provi de
effective instruction;
3. Include an intake and screening process to determine
eligibility of students;
4. Demonstrate that teaching faculty are appropria tely
certified teachers;
5. Demonstrate that teaching faculty have been selected on the
basis of a record of successful work with at -risk students or
personal and educational factors that qualify them for work with at -
risk students;
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6. Reflect appropriat e collaborative efforts with state
agencies and local agencies serving youth;
7. Provide courses that meet the academic curricula standards
adopted by the State Board of Education and additional remedial
courses;
8. Offer individualized instruction;
9. State clear and measurable program goals and objectives;
10. Include counseling and social services components;
11. Require a plan leading to graduation be developed for each
student in the program which will allow the student to participate
in graduation exercises at the sending school or district after
meeting the requirements of the school distri ct as specified in the
individual graduation plan for that student; provided, the
graduation plan required by this paragraph shall not be separate
from the plan required by Section 1210.508 -4 of this title;
12. Offer life skills instruction;
13. Provide opportunities for hands -on arts education to
students, including artist residency programs coordinated with the
Oklahoma Arts Council;
14. Provide a proposed annual budget;
15. Be appropriately designed to serve middle school, junior
high school, and high school students in grades seven through twelve
who are most at risk of not completing a high school education for a
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reason other than that identified in Sect ion 13-101 of this title;
and
16. Allow students in the alternative education program, who
otherwise meet all of the participation requirements, to participate
in vocational programs and extracurricular activities at the sending
school or district, including, but not limited to athletics, band,
and clubs.
C. The alternative education program of a sc hool district shall
be operational and serving students by September 1 of each school
year.
D. A school district may implement an alternative education
program using a full-time virtual education program or blended
instruction, as defined by Section 1 -111 of this title.
E. Charter schools and virtual charter schools that have been
designated by the State Department of Education as implementing an
alternative education program shall be subject to:
1. A separate performance framework as provided for in
paragraph 18 of subsection A of Section 3 -136 of this title; and
2. The attendance policies outlined in Section 3 -145.8 of this
title.
F. 1. Each alternative e ducation program of a school district
shall receive funding based on the average daily membership (ADM) of
students served by an alternative education program in the prior
school year according to the annual statistical report conducted by
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the State Department of Education. The per -student funding amount
shall be based on the funding available for th e program each fiscal
year.
2. Of the funding available for alternative education programs
each fiscal year, the State Department of Education shall designate
up to fifteen percent (15%) for districts participating in
cooperative agreements for alternative education services, which
shall be allocated on a pro rata basis as an incentive to each
participating district. The incentive amount received by each
district for participating in a cooperative agreement shall not
exceed Six Thousand Dollars ($6,000.00 ) per fiscal year and shall be
in addition to the per -student funding amount required by paragraph
1 of this subsection. Any funds remaining after allocations
required by this paragraph are made shall be distributed to
districts in accordance with paragraph 1 of this subsection.
3. Statewide alternative education funding shall not be used to
supplant existing school district resources or to support programs
that do not meet all the criteria for the statewide alternative
education system.
E. G. All statewide alternative education funds received and
expended for students participating in an alternative education
program shall be reported to the State Department of Education by
major object codes and by program classifications pursuant to the
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Oklahoma Cost Accounting System as adopted by the State Board of
Education pursuant to Section 5 -135 of this title.
F. H. Elementary school districts, as defined in Section 5-103
of this title, may request a waiver by May 15 of each year from the
State Board of Educatio n from the requirements of this section to
implement and provide an alternative education program. Any request
for a waiver shall be accompanied by an assuran ce that the school
district does not have students in need of alternative education
services. If a school district is granted a waiver, no statewide
alternative education funding shall be allocated to the district.
G. I. 1. The State Board of Education shall:
a. provide initial and ongoing training of personnel who
will educate at-risk populations through alternative
education programs,
b. provide technical assistance to school districts to
enhance the probability of success of their
alternative educatio n programs,
c. evaluate state-funded alternative education programs,
d. report the evaluation results of state -funded
alternative education programs, and
e. provide in-depth program analysis and evaluation of
state-funded alternative education programs.
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2. The State Board of Education may create an evaluation
schedule for effective and highly effecti ve programs, requiring them
to be evaluated not less than once every three (3) years.
3. The State Board of Education may contract with a technical
assistance provider in order to meet the requirements of this
subsection.
4. The State Board of Education shall have the authority to
suspend funds for an alternative education program that does not
meet the requirements of subsection B of this section. Provided,
any school district under consideration for suspension of funds may
request a hearing before the Board with a review of the evaluation
prior to the Board’s final determination.
H. J. All alternative education programs shall be subject to
statutes and rules applicable to alternative education, including
any exemptions from statutory or regulatory requirements authorized
by statutes or rule.
I. K. An alternative education program may be offered by an
individual school district or may be offered jointly by s chool
districts that have formed interlocal cooperative agreements
pursuant to Section 5 -117b of this title. Any school district
submitting a plan for an alternative education program serving fewer
than ten students shall enter into a cooperative agreemen t with
another school district to jointly provide the program unless the
program has been granted a waiver from this requirement by the State
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Board of Education. A school district participating in a
cooperative agreement shall be required to send its alte rnative
education funding allocation to the cooperative.
J. L. Any materials or equipment purcha sed by a school district
with revenue received for students participating in an alternative
education program shall be used only in or directly for the
alternative education program offered by the district or any
subsequent alternative education program offered to students
enrolled in that district. Such materials and equipment shall be
made available exclusively to alternative education students during
the hours that the alternative education program is operating;
provided, the material or equipment may b e used for other purposes
when the alternative education program is not operating.
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 5th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives