Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB516 Compare Versions

Version 1 (Old)

Version 2 (New)

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2	2
3		-
4		-	An Act
5		-	ENROLLED SENATE
6		-	BILL NO. 516 By: Pugh and Brooks of the
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	27	+
	28	+	STATE OF OKLAHOMA
	29	+
	30	+	1st Session of the 59th Legislature (2023)
	31	+
	32	+	CONFERENCE COMMITTEE SUBSTITUTE
	33	+	FOR ENGROSSED
	34	+	SENATE BILL 516 By: Pugh and Brooks of the
7	35		Senate
8	36
9	37		and
10	38
11	39		Echols of the House
12	40
13	41
	42	+
	43	+
	44	+	CONFERENCE COMMITTEE SUBSTITUTE
14	45
15	46		An Act relating to charter schools; creating the
16	47		Statewide Charter School Board; providi ng authority
17	48		of board beginning on certain date; pr oviding for
18	49		membership; requiring initial appointments by certain
19	50		date; providing terms of members; providing for
20	51		annual election of chair and vice chair; providing
21	52		for removal of members ; providing for filling of
22	53		vacancies; prohibiting certain legislators from
23	54		serving as members; providing for travel
24	55		reimbursement; requiring first mee ting to be held by
25	56		certain date; providing f or frequency of meetings;
26	57		specifying quorum requirements; requiring virtual
27	58		charter schools to only be sponsored by the Statewide
28	59		Charter School Board beginning on certain date;
29	60		abolishing the Statewide Virtual Charter School Board
30	61		upon certain date; providing for succession to
31	62		certain rights, responsibilities, and agreements
32	63		executed prior to certain date; providing for
33	64		transfer of powers, duties, personnel, property, and
34	65		other items; directing the Director of the Office of
35	66		Management and Enterprise Servic es to coordinate
36	67		certain transfers; pro viding for succession of
37	68		certain contracts; providing for virtual charter
38	69		school sponsorship contract renewal; providing for
39	70		enforceability of certain ad ministrative rules;
40	71		granting rulemaking authority; providing for
41	72		succession to certain rights, responsi bilities, and
42	73		agreements executed by the State Board of Education
43	74		prior to certain date; dir ecting Statewide Charter
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44	101		School Board to assume certain sponsorships;
45	102		providing for certain sponsorship renewal; permitting
46	103		certain charter schools to apply for sponsorship
47		-
48		-	ENR. S. B. NO. 516 Page 2
49	104		renewal with the Statewide Chart er School Board;
50	105		establishing powers and duties of the Statewide
51	106		Charter School Board; reserving certain powers and
52	107		duties for the State Board of Education; defining
53	108		terms; providing for preparation of a conversion
54	109		plan; providing for contents of plan ; exempting
55	110		conversion schools from certain laws; provid ing for
56	111		funding of conversion schools; describing process for
57	112		conversion school reversion; requiring Board to make
58	113		publicly available a list of certain courses
59	114		beginning on certain date; directing the Board, in
60	115		certain conjunction, to negotiate and enter i nto
61	116		contracts with certain providers; creating the
62	117		Statewide Charter School Board Revolving Fund;
63	118		specifying sources of fund; providi ng for
64	119		expenditures; providing purpose of fund; amending 70
65	120		O.S. 2021, Section 3-104, which relates to powers and
66	121		duties of the State Board of Education; updating
67	122		statutory references; modifying reference from the
68	123		Statewide Virtual Charter School Board to the
69	124		Statewide Charter School Bo ard; amending 70 O.S.
70	125		2021, Sections 3-132, as amended by Section 1,
71	126		Chapter 222, O.S.L. 202 2 (70 O.S. Supp. 2022, Section
72	127		3-132), 3-134, as amended by Section 2, Chapter 222,
73	128		O.S.L. 2022 (70 O.S. Supp. 2022, Section 3 -134), 3-
74	129		136, 3-137, 3-139, 3-140, 3-142, 3-143, and 3-144,
75	130		which relate to implementation of the Oklahoma
76	131		Charter Schools Act; modifying eligibility of certain
77	132		entities to sponsor charter schools; updating
78	133		statutory language; exempting certain charter schools
79	134		from certain limitation; striking duplicative
80	135		language; transferring certain training duty from the
81	136		State Department of Education to the Statewide
82	137		Charter School Board ; requiring training after
83	138		certain date for certain spons ors; establishing
84	139		deadline for training development and implementation;
85	140		modifying application process and contents for
86	141		certain schools; removing references to charter
87	142		schools sponsored by certain entiti es; requiring
88	143		certain charter application to be submit ted first to
89	144		certain school district; removing certain appeals
90	145		process; prohibiting delegation of certain
91		-
92		-	ENR. S. B. NO. 516 Page 3
93	146		responsibilities to a school district without a
94	147		contract; providing for powers and duties of charter
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95	174		school and virtual charter school sponsors; requiring
96	175		Statewide Charter School Board to post certain
97	176		information on its website; modifying contents of
98	177		certain written contracts beginning on certain date;
99	178		directing certain charter schools to be separate and
100	179		distinct; defining term; modifying language rega rding
101	180		employment contracts; prohibiting certain schools
102	181		from serving certain students without certain
103	182		contract; authorizing sponsor to establish certain
104	183		requirements or conditions for certain schools;
105	184		updating references; directing certain charter
106	185		schools to be included in certain bond planning
107	186		conversations; providing for increase in length of
108	187		certain charter contracts; prescribing a performanc e
109	188		report prior to the final year of a charter contract
110	189		renewal; permitting sponsor to require charter sc hool
111	190		to develop certain corrective action pl an;
112	191		authorizing nonrenewal of contract in certain cases;
113	192		removing requirement of sponsor to appear before the
114	193		State Board of Education in certain circumstances;
115	194		requiring certain school to disclose revocation or
116	195		nonrenewal in a subsequent application; including
117	196		virtual charter schools in teacher salary and hiring
118	197		provisions; updating statutory language; prescribing
119	198		geographic boundaries for virtual charter schools;
120	199		prohibiting certain students from participating in
121	200		certain activities; designating certain students as
122	201		transfer students; prescribing process for enrollment
123	202		in virtual charter school; requiring transmission of
124	203		student records within certain time period; directing
125	204		certain notification if technology infrastructure i s
126	205		inadequate; prescribing limitation of student
127	206		transfers; defining term; prohibiting additional
128	207		transfer without certain concurrence; providing a
129	208		grace period for withdrawal; requiring certain
130	209		notification; providing for transfer for students who
131	210		have a parent or guardian in the military;
132	211		prescribing process for transfe r; defining terms;
133	212		prohibiting the Statewide Charter School Board from
134	213		charging a fee for administrative or other services;
135		-
136		-	ENR. S. B. NO. 516 Page 4
137	214		specifying how sponsor fee is to be used; directing
138	215		development of certain data codes for re porting
139	216		expenditures; requiring sponsor to publish certain
140	217		report on its website and present report in certain
141	218		meeting; modifying language regarding calculation of
142	219		certain weighted average daily membership; updating
143	220		statutory language; transferring oversight authority
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144	247		of the Charter School Closu re Reimbursement Revolving
145	248		Fund; reassigning duty to submit certain annual
146	249		report; modifying authority over the Charter Schools
147	250		Incentive Fund; amending 70 O.S. 2021, Section s 3-
148	251		145.5, as amended by Section 2, Chapter 153, O .S.L.
149	252		2022 (70 O.S. Supp. 2022, Section 3-145.5), 3-145.7,
150	253		and 3-145.8, which relate to virtual charter schools;
151	254		removing outdated language; granting Statewide
152	255		Virtual Charter School Board authority over certain
153	256		revolving fund until certain date; transferring funds
154	257		to certain revolving f und on certain date; updating
155	258		statutory references; requiring sponsor governing
156	259		board to designate representative to complete annual
157	260		sponsor workshop requirement; amending 70 O.S. 2021,
158	261		Section 5-200, which relates to management
159	262		organizations; updating statutory language; requiring
160	263		amounts paid to certain organizations be pursuant to
161	264		contract terms; mandating disclosure pursuant to
162	265		certain guidelines; updating statutory citations;
163	266		amending 70 O.S. 2021, Section 18 -124, which relates
164	267		to limitations on admini strative services
165	268		expenditures; providing applicability of limitation
166	269		to certain schools; clarifying calculation for
167	270		specified schools; modifying definition; amending 70
168	271		O.S. 2021, Section 1 210.704, which relates to the
169	272		provision of advanced placement courses; updating
170	273		statutory language; repealing 70 O.S. 2021, Sections
171	274		3-135, 3-145.1, 3-145.2, 3-145.3, and 3-145.4, which
172	275		relate to sponsor contract guidelines, meetings, and
173	276		rule promulgation of the Statewide Virtual Charter
174	277		School Board; providing for severability; providing
175	278		for codification; and providing effective dates.
176	279
177	280
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179	282
180		-	ENR. S. B. NO. 516 Page 5
181		-	SUBJECT: Charter schools
182		-
183	283		BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
184	284		SECTION 1. NEW LAW A new section of law to be codified
185	285		in the Oklahoma Statutes as Section 3-132.1 of Title 70, unless
186	286		there is created a duplication in n umbering, reads as follows:
187		-
188	287		A. There is hereby created the Statewide Charter School Board.
189	288		Beginning July 1, 2024, the Board shall have the sole authority to
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190	315		sponsor statewide virtual charter schools in this state and may
191	316		sponsor charter schools in this state. The Board shall be composed
192	317		of nine (9) voting members as follows:
193		-
194	318		1. Three members appointed by the Governor;
195		-
196	319		2. Two members appointed by the President Pro Tempore of the
197	320		Senate;
198		-
199	321		3. Two members appointed by the Speaker of the House of
200	322		Representatives;
201		-
202	323		4. The Superintendent of Public Instruction or his or her
203	324		designee; and
204		-
205	325		5. The State Auditor and Inspector or his or her designee.
206		-
207	326		B. Initial appointments s hall be made by October 31, 2023. The
208	327		President Pro Tempore of the Senate and the Speaker of the House of
209	328		Representatives shall each appoint one member for one (1) year and
210	329		one member for two (2) years. The Governor shall appoint one member
211	330		for one (1) year and two members for two (2) years. Members shall
212	331		serve until their successors are duly appointed for a term of three
213	332		(3) years. Appointments shall be made by and take effect on July 31
214	333		of the year in which the appointment is made. Annually by Decemb er
215	334		30 the Board shall elect from its membership a chair a nd vice chair.
216		-
217	335		C. A member may be removed from the Board by the appointing
218	336		authority for cause which shall include but not be limited to:
219		-
220	337		1. Being found guilty by a court of competent jurisdiction of a
221	338		felony or any offense involving moral turpitude;
222	339
223		-	ENR. S. B. NO. 516 Page 6
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224	364
225	365		2. Being found guilty of malfeasance, misfeasance, or
226	366		nonfeasance in relation to Board duties;
227		-
228	367		3. Being found mentally incompetent by a court of competent
229	368		jurisdiction; or
230		-
231	369		4. Failing to attend three successive meetings of the Board
232	370		without just cause, as d etermined by the Board.
233		-
234	371		D. Vacancies shall be filled by the appointing authority.
235		-
236	372		E. No member of the Senate or House of Representatives may be
237	373		appointed to the Board while serving as a member of the Legislature
238	374		or for two (2) full years following the ex piration of the term of
239	375		office.
240		-
241	376		F. Members of the Statewide Charter School Board shall not
242	377		receive compensation but shall be reimbursed for nec essary travel
243	378		expenses pursuant to the provisions of the State Travel
244	379		Reimbursement Act.
245		-
246	380		G. The Statewide Charter School Board shall meet at the call of
247	381		the chair. The first meeting of the Board shall be held no later
248	382		than sixty (60) days after the effective da te of this act.
249		-
250	383		H. Five members of the Board s hall constitute a quorum, and an
251	384		affirmative vote of at l east five members shall be required for the
252	385		Board to take any final action.
253		-
254	386		I. Beginning July 1, 2024, statewide virtual charter schools
255	387		shall be sponsored only by the State wide Charter School Board
256	388		created pursuant to this section. Effective July 1, 202 4, the
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257	415		Statewide Virtual Charter School Board shall be abolished and the
258	416		Statewide Charter Schoo l Board shall succeed to any contractual
259	417		rights and responsibilities and settlement agreements incurred by
260	418		the Statewide Virtual Charter School Board in a virtua l charter
261	419		school sponsorship contract executed prior to July 1, 2024.
262		-
263	420		1. All powers, duties, responsibilities, policies, personnel,
264	421		property, equipment, supplies, records, assets, funds, current and
265	422		future liabilities, encumbrances, o bligations, and indeb tedness of
266		-
267		-	ENR. S. B. NO. 516 Page 7
268	423		the Statewide Virtual Charter School Board or associated with a
269	424		virtual charter school sponsorship contract entered into by the
270	425		Statewide Virtual Charter School B oard prior to July 1, 202 4, shall
271	426		be transferred to the Statewide Charter School Bo ard. No items
272	427		shall be expended or used for any purpose other than the performance
273	428		of duties and responsibilities as directed and required in this act .
274	429		Appropriate conveyances and other documents shall be executed to
275	430		effectuate the transfer of property a ssociated with a sponsorship
276	431		contract. The Statewide Charter School Board may contract for
277	432		additional legal and administrative services as necessary t o
278	433		effectuate the trans fers provided in this subsection.
279		-
280	434		2. The Director of the Office of Management and Enterprise
281	435		Services shall coordinate the transfer of funds, allotments,
282	436		purchase orders, and outstanding financial obligations and
283	437		encumbrances relatin g to the regulation of virtual charter schools
284	438		as transferred pursuant to the provisions of this act.
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285	464
286	465		3. Upon succession of sponsors hip contracts, the Statewide
287	466		Charter School Board shall assume sponsorship of the virtual charter
288	467		schools for the remainder of the term of the co ntracts. Prior to
289	468		the end of the current term of the contract, the Statewide Chart er
290	469		School Board shall allow a virtual charter school to apply for
291	470		renewal of the sponsorship contract in accordance with the renewal
292	471		procedures established pursuant to Secti on 3-137 of Title 70 of t he
293	472		Oklahoma Statutes.
294		-
295	473		4. Effective July 1, 202 4, all administrative rules promulgate d
296	474		by the Statewide Virtual Charter School Board relating to the
297	475		implementation and enforcement of the Oklahoma Charter Scho ols Act
298	476		shall be enforceable by the Statewide Charter School Board. The
299	477		rules shall continue in force an d effect and the Statewide Charter
300	478		School Board shall have authority to amend, repeal, recodify, or
301	479		make additions to the rules pursuant to the Administrative
302	480		Procedures Act.
303		-
304	481		J. Effective July 1, 2024, the Statewide Charter School Board
305	482		shall succeed to any contractual rights and responsibilities and
306	483		settlement agreements incurred by the State Board of Education in a
307	484		charter school sponsorship contract executed prior to July 1, 2024.
308	485		All property, equipment, supplies, record s, assets, funds, current
309	486		and future liabilities, encumbrances, obligations, and indebtedness
310		-
311		-	ENR. S. B. NO. 516 Page 8
312	487		associated with a charter school sponsorship contract entered into
313	488		by the State Board of Education prior to J uly 1, 2024, shall be
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314	515		transferred to the Statewide Charter School Board. Appropriate
315	516		conveyances and other documents shall be executed to effectuate the
316	517		transfer of property associated with a sponsorship contract. Upon
317	518		succession of sponsorship contracts, the Statewide Charter School
318	519		Board shall assume sponsors hip of the charter schools for the
319	520		remainder of the term of the contracts. Prior to the end of the
320	521		current term of the contract, the Statewide Charter School Board
321	522		shall allow a charter school to apply for renewal of the sponsorship
322	523		contract in accordance with the renewa l procedures established
323	524		pursuant to Section 3-137 of Title 70 of the Oklahoma Statutes.
324		-
325	525		K. Beginning July 1, 2024, at the end of the current term of a
326	526		charter school sponsorship contract with a school district, an
327	527		accredited comprehensive or regiona l institution that is a member of
328	528		The Oklahoma State S ystem of Higher Education, a community college,
329	529		or a federally recognized Indian tribe, a charter school may apply
330	530		for contract renewal with the Statewide Charter School Board for
331	531		sponsorship.
332		-
333	532		SECTION 2. NEW LAW A new section of law to be codified
334	533		in the Oklahoma Statutes as Section 3-132.2 of Title 70, unless
335	534		there is created a duplication in numbering, reads as follows:
336		-
337	535		A. Beginning July 1, 2024, and subject to the requirements of
338	536		the Oklahoma Charter Schools Act, the Statewide Charter School Board
339	537		shall:
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340	563
341	564		1. Provide supervision, services, and oversight of the
342	565		operations of statewide virtual charter schools in this state and
343	566		charter schools for which the Statewide Charter School Board is the
344	567		sponsor, recommend legislation pertaining to charter schools to the
345	568		Legislature, and promulgate rules and policies that the Board deems
346	569		necessary to accomplish the purposes prescribed in this section;
347		-
348	570		2. Ensure compliance with state law s and training requirements
349	571		for all charter schools, virtual charter schools, and sponsors;
350		-
351	572		3. Establish a procedure for accepting, approving, and
352	573		disapproving charter school and statewide virtual charter school
353	574		applications and a process for renewal or revocation of approved
354		-
355		-	ENR. S. B. NO. 516 Page 9
356	575		charter contracts which meet the procedures s et forth in the
357	576		Oklahoma Charter Schools Act;
358		-
359	577		4. Hire an Executive Director and other staff for its
360	578		operation;
361		-
362	579		5. Prepare a budget for expenditur es necessary for the proper
363	580		maintenance of the Board and accomplishment o f its purpose;
364		-
365	581		6. Comply with the requirements of the Oklahoma Open Meeting
366	582		Act and Oklahoma Open Records Act; and
367		-
368	583		7. Give priority to opening charter schools and virtual charter
369	584		schools that serve at-risk student populations or students from low-
370	585		performing traditional public schools .
371		-
372	586		B. The State Board of Education shall be r esponsible for
373	587		accreditation of charter schools and virtual charter school s and
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374	614		ensure compliance with speci al education laws and federal laws and
375	615		programs administered by the State Board of Education.
376		-
377	616		C. 1. For purposes of the Oklahoma Charter Schools Act,
378	617		“charter school” means:
379		-
380	618		a. prior to July 1, 2024, a public school established by
381	619		contract with a school district board of education, a
382	620		technology center school district , a higher education
383	621		institution, a federally recognized Indian tribe, or
384	622		the State Board of Education, and
385		-
386	623		b. on July 1, 2024, and after, a public school
387	624		established by contract with a school district board
388	625		of education, a higher education institution, an
389	626		institution of higher learning accredited pursu ant to
390	627		Section 4103 of Title 70 of the Oklahoma Statute s, a
391	628		federally recognized Indian tribe, or the Statewide
392	629		Charter School Board,
393		-
394	630		to provide learning that will improve student achievement an d as
395	631		defined in the Elementary and Secondary E ducation Act of 1965, as
396	632		reauthorized by P.L. No. 114 -95, also known as the Every Student
397	633		Succeeds Act.
398		-
399		-	ENR. S. B. NO. 516 Page 10
400		-
401	634		2. A charter school may consist of a new school site, new
402	635		school sites, or all or any portion of an existing school site. An
403	636		entire school district may not b ecome a charter school site.
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404	662
405	663		D. 1. For the purposes of th e Oklahoma Charter Schools Act,
406	664		“conversion school” means a school created by converting all or any
407	665		part of a traditional public school in order to access any or all
408	666		flexibilities afforded to a cha rter school; provided, however, all
409	667		or any part of a tradit ional public school shall not be converted to
410	668		a virtual charter school .
411		-
412	669		2. Prior to the board of education of a school district
413	670		converting all or any part of a traditional public school to a
414	671		conversion school, the board shall prepare a conversion plan. The
415	672		conversion plan shall include documentation that demonstrates and
416	673		complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
417	674		19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134
418	675		of Title 70 of the Oklahoma Statutes. The conversion plan and all
419	676		documents shall be in writing and shall be available to the public
420	677		pursuant to the requirements of the Oklahoma Open Records Act. All
421	678		votes by the board of education of a school dis trict to approve a
422	679		conversion plan shall be held in an open public session. If the
423	680		board of education of a school district votes to approve a
424	681		conversion plan, the board shall notify the State Board of Education
425	682		within sixty (60) days after the vote. The notification shall
426	683		include a copy of the minutes for the board meeting at which the
427	684		conversion plan was approved.
428		-
429	685		3. A conversion school shall comply with all the same
430	686		accountability measures as are required of a charter school as
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431	713		defined in subsection C of this section. The provisions of Sections
432	714		3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply
433	715		to a conversion school. Conversion schools shall comply with the
434	716		same laws and State Board of Education rules relating to student
435	717		enrollment which apply to traditional public schools. Conversion
436	718		schools shall be funded by the board of education of the school
437	719		district as a school site within the school district and funding
438	720		shall not be affected by the conversion of the school.
439		-
440	721		4. The board of education of a school district may vote to
441	722		revert a conversion school back to a traditional public school at
442		-
443		-	ENR. S. B. NO. 516 Page 11
444	723		any time; provided, the change shall only occur during a break
445	724		between school years.
446		-
447	725		5. Unless otherwise provided for in this subsection, a
448	726		conversion school shall retain the characteristics of a traditional
449	727		public school.
450		-
451	728		E. 1. Beginning July 1, 2024, the Statewide Charter Sc hool
452	729		Board shall make publicly available a list of supplemental online
453	730		courses which have been reviewed and certified by th e Board to
454	731		ensure that the courses are high-quality options and are aligned
455	732		with the subject matter standards adopted by the State Board of
456	733		Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma
457	734		Statutes. The Statewide Charter School Board shall give special
458	735		emphasis on listing supplemental online courses in science,
459	736		technology, engineering, and math (STEM), foreign language, and
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460	763		advanced placement courses. School districts shall not be limited
461	764		to selecting supplemental online courses that hav e been reviewed and
462	765		certified by the Statewide Charter School Board and listed as
463	766		provided for in this paragraph.
464		-
465	767		2. In conjunction with the Office of Management and Enterprise
466	768		Services, the Board shall negotiate and enter into contracts with
467	769		supplemental online course providers to offer a state rate price to
468	770		school districts for supplemental online courses that have been
469	771		reviewed and certified by the Statewide Charter School Board and
470	772		listed as provided for in this subsection.
471		-
472	773		SECTION 3. NEW LAW A new section of law to be codified
473	774		in the Oklahoma Statutes as Section 3-132.3 of Title 70, unless
474	775		there is created a duplication in numbering, reads as follows:
475		-
476	776		There is hereby created in the State Treasury a revolving fund
477	777		for the Statewide Charter School Board to be designated the
478	778		“Statewide Charter School Board Revolving Fund”. The fund shall be
479	779		a continuing fund, n ot subject to fiscal year limitations, and shall
480	780		consist of all monies received by the Statewide Charter School Board
481	781		from state appropriations. All monies accruing to the credit of the
482	782		fund are hereby appropriated and may be budgeted and expended by the
483	783		Statewide Charter School Board for the purposes set forth in Section
484	784		2 of this act. Expenditures from the fund shall be made upon
485	785		warrants issued by the State Treasurer against clai ms filed as
486	786
487		-	ENR. S. B. NO. 516 Page 12
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488	812		prescribed by law with the Director of the Office of Managemen t and
489	813		Enterprise Services for approval and payment.
490		-
491	814		SECTION 4. AMENDATORY 70 O.S. 2021, Section 3 -104, is
492	815		amended to read as follows:
493		-
494	816		Section 3-104. A. The supervision of the public school system
495	817		of Oklahoma shall be vested in the State Board of Education and,
496	818		subject to limitations otherwise provided by law, the St ate Board of
497	819		Education shall:
498		-
499	820		1. Adopt policies and make rules for the operation of the
500	821		public school system of the state;
501		-
502	822		2. Appoint, prescribe the duties , and fix the compensation of a
503	823		secretary, an attorney, and all other personnel necessary for the
504	824		proper performance of the funct ions of the State Board of Education.
505	825		The secretary shall not be a member of the Board;
506		-
507	826		3. Submit to the Governor a departmental bud get based upon
508	827		major functions of the Department as prepared by the State
509	828		Superintendent of Pu blic Instruction and support ed by detailed data
510	829		on needs and proposed o perations as partially determined by the
511	830		budgetary needs of local school districts filed wi th the State Board
512	831		of Education for the ensuing fiscal year. Appropriations therefor
513	832		shall be made in lump-sum form for each major item in the budget as
514	833		follows:
515		-
516	834		a. State Aid to schools,
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517	861		b. the supervision of all other functions of general and
518	862		special education including general control, free
519	863		textbooks, school lunch, Indian education , and all
520	864		other functions of the Board and an amount sufficient
521	865		to adequately staff an d administer these services, and
522		-
523	866		c. the Board shall determine the details by which the
524	867		budget and the appropriations are administered.
525	868		Annually, the Board shall make preparations to
526	869		consolidate all of the functio ns of the Department in
527	870		such a way that the budget can be based on two items,
528	871		administration and aid to schools. A maximum amount
529		-
530		-	ENR. S. B. NO. 516 Page 13
531	872		for administration shall be designated as a part of
532	873		the total appropriation;
533		-
534	874		4. On the first day of December preceding each regular session
535	875		of the Legislature, prepare and deliver to the Governor and the
536	876		Legislature a report for the year ending June 30 immed iately
537	877		preceding the regular session of the Legislature. The report shall
538	878		contain:
539		-
540	879		a. detailed statistics and other infor mation concerning
541	880		enrollment, attendance, e xpenditures including State
542	881		Aid, and other pertinent data for all public schools
543	882		in this state,
544		-
545	883		b. reports from each and every division within the State
546	884		Department of Education as submi tted by the State
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547	911		Superintendent of Public Instruction and any other
548	912		division, department, institution, or other agency
549	913		under the supervision of the Board,
550		-
551	914		c. recommendations for the improvement of the public
552	915		school system of the state,
553		-
554	916		d. a statement of the receipts and expenditures of the
555	917		State Board of Education for the pas t year, and
556		-
557	918		e. a statement of plans and recommendations for the
558	919		management and improvement of public schools and such
559	920		other information relating to the educational
560	921		interests of the stat e as may be deemed necessary and
561	922		desirable;
562		-
563	923		5. Provide for the formul ation and adoption of curricula,
564	924		courses of study, and other instructional aids necessary for the
565	925		adequate instruction of pupils in the public schools;
566		-
567	926		6. Have authority in matters perta ining to the licensure and
568	927		certification of persons for instructional , supervisory, and
569	928		administrative positions and services in the public schools of the
570	929		state subject to the provisions of Section 6-184 of this title, and
571	930		shall formulate rules governing th e issuance and revocation of
572	931		certificates for superintendents of scho ols, principals,
573		-
574		-	ENR. S. B. NO. 516 Page 14
575	932		supervisors, librarians, clerical employees, school nurses, school
576	933		bus drivers, visiting teachers, classroom teachers, and for other
577	934		personnel performing instructional, ad ministrative, and supervisory
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578	961		services, but not including members of b oards of education and other
579	962		employees who do not work directly with pupils, and may charg e and
580	963		collect reasonable fees for the issuance of such certificates:
581		-
582	964		a. the State Department of E ducation shall not issue a
583	965		certificate to and shall revoke the certi ficate of any
584	966		person who has been convicted, whether upon a verdict
585	967		or plea of guilty or up on a plea of nolo contendere,
586	968		or received a suspended sentence or any probationary
587	969		term for a crime or an attempt to commit a crime
588	970		provided for in Section 843.5 of Title 21 of the
589	971		Oklahoma Statutes if the offense involved sexual abuse
590	972		or sexual exploitati on as those terms are defined in
591	973		Section 1-1-105 of Title 10A of the Oklahoma Statutes,
592	974		Section 741, 843.1, if the offense included sexual
593	975		abuse or sexual exploitation, 865 et seq., 885, 888,
594	976		891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
595	977		1111.1, 1114, or 1123 of Title 21 of the Oklahoma
596	978		Statutes or who enters this state and who has been
597	979		convicted, received a suspended sente nce, or received
598	980		a deferred judgment for a crime or attempted crime
599	981		which, if committed or attempted in this state, would
600	982		be a crime or an attempt to commit a crime provided
601	983		for in any of said the laws,
602	984
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603	1010		b. all funds collected b y the State Department of
604	1011		Education for the issuance of certificates to
605	1012		instructional, supervisory, and administrative
606	1013		personnel in the public schools of the stat e shall be
607	1014		deposited in the “Teachers’ Certificate Certification
608	1015		Fund” in the State Treasury and may be expen ded by the
609	1016		State Board of Education to finance the activities of
610	1017		the State Department of Education necessary to
611	1018		administer the program, for consultative services,
612	1019		publication costs, actual and necessary travel
613	1020		expenses as provided in the State Travel Reimb ursement
614	1021		Act incurred by persons performing research work, and
615	1022		other expenses found necessary by the State Board of
616	1023		Education for the improvement of the preparation and
617		-
618		-	ENR. S. B. NO. 516 Page 15
619	1024		certification of teachers in Oklahoma this state.
620	1025		Provided, any unobligated balance in the Teache rs’
621	1026		Certificate Certification Fund in excess of Ten
622	1027		Thousand Dollars ($10,000.00) on June 30 of any fiscal
623	1028		year shall be transferred to the General Revenue Fund
624	1029		of the State of Oklahoma this state. Until July 1,
625	1030		1997, the State Board of Education shall have
626	1031		authority for approval of teacher education programs.
627	1032		The State Board of Education shall also have authority
628	1033		for the administration of teacher residency and
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629	1060		professional development, subject to the provisions of
630	1061		the Oklahoma Teacher Preparation Act;
631		-
632	1062		7. Promulgate rules governing the classification, inspection,
633	1063		supervision, and accrediting of all public nursery, kindergarten,
634	1064		elementary and secondary schools, and on-site educational serv ices
635	1065		provided by public school districts or state -accredited private
636	1066		schools in partial hospitalization programs, day treatment pro grams,
637	1067		and day hospital programs as defined in this act for persons between
638	1068		the ages of three (3) and twenty-one (21) years of age in the state.
639	1069		However, no school shall be denied accreditation solely on the basis
640	1070		of average daily attendance.
641		-
642	1071		Any school district which maintains an elementary school and
643	1072		faces the necessity of relocating its school facilities because of
644	1073		construction of a lake, either by state or federal authority, which
645	1074		will inundate the school facilities, shall be entitled to receive
646	1075		probationary accreditation from the State Board of Education for a
647	1076		period of five (5) years after the effective date of this act June
648	1077		12, 1975, and any school district, otherwise qualified, shall be
649	1078		entitled to receive probationary accredit ation from the State Boar d
650	1079		of Education for a period of two (2) consecutive years to attain the
651	1080		minimum average daily attendance. The Head Start and public
652	1081		nurseries or kindergartens operated from Community Action Program
653	1082		Agency funds shall not be subjected to t he accrediting rules of the
654	1083		State Board of Education. Neither will the State Board of Education
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655	1110		make rules affecting the operation of the public nurseries and
656	1111		kindergartens operated from federal funds secured through Community
657	1112		Action Programs Agencies even though they may be operating in the
658	1113		public schools of the state. However, any of the Head Start or
659	1114		public nurseries or kindergartens operated under federal regulations
660	1115		may make application for accrediting fr om the State Board of
661		-
662		-	ENR. S. B. NO. 516 Page 16
663	1116		Education but will be accredited only if application for the
664	1117		approval of the programs is made. The status of no school district
665	1118		shall be changed which will reduce it to a lower classification
666	1119		until due notice has been given to the pr oper authorities thereof
667	1120		and an opportunity given to co rrect the conditions which otherwise
668	1121		would be the cause of such reduction.
669		-
670	1122		Private and parochial schools may be accredited and classified
671	1123		in like manner as public schools or, if an accrediting associat ion
672	1124		is approved by the State Board of Education, by pro cedures
673	1125		established by the State Board of Education to accept accreditation
674	1126		by such accrediting association, if application is made to the State
675	1127		Board of Education for such accrediting;
676		-
677	1128		8. Be the legal agent of the State of Oklahoma this state to
678	1129		accept, in its discretion, the provisions of any Act of Congress
679	1130		appropriating or apportioning funds which are now, or may hereafter
680	1131		be, provided for use in connection with any phas e of the system of
681	1132		public education in Oklahoma. It shall prescribe such rules as it
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682	1159		finds necessary to provide for the proper dis tribution of such funds
683	1160		in accordance with the state and federal laws;
684		-
685	1161		9. Be and is specifically hereby designated as the ag ency of
686	1162		this state to cooperate and deal with any officer, board, or
687	1163		authority of the United States Government under any law of the
688	1164		United States which may require or recommend cooperation with any
689	1165		state board having charge of the administration of public s chools
690	1166		unless otherwise provided by law;
691		-
692	1167		10. Be and is hereby designated as the “State Educational
693	1168		Agency” referred to in Public Law 396 of the 79th Congress of the
694	1169		United States, which law states that said the act may be cited as
695	1170		the “National School Lunch A ct”, and said the State Board of
696	1171		Education is hereby authorized and directed to accept the terms and
697	1172		provisions of said the act and to enter into such agreements, not in
698	1173		conflict with the Constitution of Oklahoma or th e Constitution and
699	1174		Statutes of the United Stat es, as may be necessary or appropriate to
700	1175		secure for the State of Oklahoma this state the benefits of the
701	1176		school lunch program established and referred to in said the act;
702		-
703	1177		11. Have authority to secure and administer the ben efits of the
704	1178		National School Lunch Act, Public Law 396 of the 79th Congress of
705		-
706		-	ENR. S. B. NO. 516 Page 17
707	1179		the United States, in the State of Oklahoma this state and is hereby
708	1180		authorized to employ or appoint and fix the compensation of such
709	1181		additional officers or employees and to incur such exp enses as may
710	1182		be necessary for the ac complishment of the above purpose, administer
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711	1209		the distribution of any state funds appropriated by the L egislature
712	1210		required as federal matching to reimburse on children’s meals;
713		-
714	1211		12. Accept and provide for the administra tion of any land,
715	1212		money, buildings, gifts, donation, or other things of value which
716	1213		may be offered or bequeathed to the schools under the su pervision or
717	1214		control of said the Board;
718		-
719	1215		13. Have authority to require persons having administrative
720	1216		control of all school districts in Oklahoma to make such regular and
721	1217		special reports regarding the activities of the schools in said the
722	1218		districts as the Board may deem needful for the proper exercise of
723	1219		its duties and functions. Such authority shall include the right of
724	1220		the State Board of Education to withhold all state funds under its
725	1221		control, to withhold official re cognition, including accrediting,
726	1222		until such required reports have been filed and accepted in the
727	1223		office of said the Board and to revoke the certificates of persons
728	1224		failing or refusing to make such reports;
729		-
730	1225		14. Have general supervision of the school lunch program. The
731	1226		State Board of Education may sponsor workshops for personnel and
732	1227		participants in the school lunch program and may develop, print, and
733	1228		distribute free of charge or sell any materials, books, and
734	1229		bulletins to be used in such the school lunch programs. There is
735	1230		hereby created in th e State Treasury a revolving fund for the Board,
736	1231		to be designated the School Lunch Workshop Revolving Fund. The fund
737	1232		shall consist of all fees derived from or on behalf of any
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738	1259		participant in any such workshop sponsored by the State Board of
739	1260		Education, or from the sale of any materials, books, and bulletins,
740	1261		and such funds shall be disbursed for expenses of such workshops and
741	1262		for developing, printing, and distributing of such the materials,
742	1263		books, and bulletins relating to the school lunch program. The fun d
743	1264		shall be administered in accordance with Section 155 of Title 62 of
744	1265		the Oklahoma Statutes;
745		-
746	1266		15. Prescribe all forms for school district a nd county officers
747	1267		to report to the State Board of Education where required. The State
748	1268		Board of Education shall also prescribe a list of appropriation
749		-
750		-	ENR. S. B. NO. 516 Page 18
751	1269		accounts by which the funds of school districts shall be budgeted,
752	1270		accounted for, and expended; and it sh all be the duty of the State
753	1271		Auditor and Inspector in prescribing all budgeting, accounting, and
754	1272		reporting forms for school funds to conform to such lists;
755		-
756	1273		16. Provide for the establishment of a uniform system of pupil
757	1274		and personnel accounting, records, and reports;
758		-
759	1275		17. Have authority to provide for the he alth and safety of
760	1276		school children and school personnel while u nder the jurisdiction of
761	1277		school authorities;
762		-
763	1278		18. Provide for the supervision of the transportation of
764	1279		pupils;
765		-
766	1280		19. Have authority, upon request of the local school board, to
767	1281		act in behalf of the public schools of the state in the purchase of
768	1282		transportation equipment;
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769	1308
770	1309		20. Have authority and is hereby required to perform all duties
771	1310		necessary to the adminis tration of the public school system in
772	1311		Oklahoma as specified in the Oklahoma School Code; a nd, in addition
773	1312		thereto, those duties not specifically mentione d herein if not
774	1313		delegated by law to any other agency or official;
775		-
776	1314		21. Administer the State Public Com mon School Building
777	1315		Equalization Fund established by Section 32 of Article X of the
778	1316		Oklahoma Constitution. Any monies as may be appropriated or
779	1317		designated by the Legislature, other than ad valorem taxes, any
780	1318		other funds identified by the State Department of Education, which
781	1319		may include, but not be limited to, grants-in-aid from the federal
782	1320		government for building purposes, the proceeds of all property that
783	1321		shall fall to the state by escheat, penalties for unlawful holding
784	1322		of real estate by corporations, an d capital gains on assets of the
785	1323		permanent school funds, shall be deposited in the State Pu blic
786	1324		Common School Building Equalization Fund. The fund shall be used to
787	1325		aid school districts and charter schools in acquiring buildings,
788	1326		subject to the limitations fixed by Section 32 of Article X of the
789	1327		Oklahoma Constitution. It is hereby declared that the term
790	1328		“acquiring buildings” as used in Section 32 of Articl e X of the
791	1329		Oklahoma Constitution shall mean acquiring or improving school
792	1330		sites, constructing, repairi ng, remodeling, or equipping buildings,
793		-
794		-	ENR. S. B. NO. 516 Page 19
795	1331		or acquiring school furniture, fixtures, or equipmen t. It is hereby
796	1332		declared that the term “school districts” as used in Section 32 of
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797	1359		Article X of the Oklahoma Constitution shall mean school districts
798	1360		and eligible charter schools as defined in subsection B of this
799	1361		section. The State Board of Education sh all disburse redbud school
800	1362		grants annually from the State Public Common School Building
801	1363		Equalization Fund to public schools and eligible charter schools
802	1364		pursuant to subsection B of this sec tion. The Board shall
803	1365		promulgate rules for the implementation of d isbursing redbud school
804	1366		grants pursuant to this section. The State Board of Education shall
805	1367		prescribe rules for making grants of aid from, and for otherwise
806	1368		administering, the fund pursuan t to the provisions of this
807	1369		paragraph, and may employ and fix the d uties and compensation of
808	1370		technicians, aides, clerks, stenographers, attorneys, and other
809	1371		personnel deemed necessary to carry out the provisions of this
810	1372		paragraph. The cost of administering the fund shall be paid from
811	1373		monies appropriated to the State Board of Education for the
812	1374		operation of the State Department of Education. From monies
813	1375		apportioned to the fund, the State Department of Education may
814	1376		reserve not more than one -half of one percent (1/2 of 1%) for
815	1377		purposes of administering the fund;
816		-
817	1378		22. Recognize that the Director of the Oklahoma Department of
818	1379		Corrections shall be the administrative authority for the schools
819	1380		which are maintained in the state reformatories and shall appoint
820	1381		the principals and teachers in such schools. Provided, that rules
821	1382		of the State Board of Education for the classification, inspection,
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822	1409		and accreditation of public schools shall be applicable to such
823	1410		schools; and such schools shall comply with standards set by th e
824	1411		State Board of Education; and
825		-
826	1412		23. Have authority to administer a revolving fund which is
827	1413		hereby created in the State Treasury, to be designated the
828	1414		Statistical Services Revolving Fund. The fund shall consist of all
829	1415		monies received from the various sch ool districts of the state, the
830	1416		United States Government, and other s ources for the purpose of
831	1417		furnishing or financing statistical services and for any other
832	1418		purpose as designated by the Legislature. The State Board of
833	1419		Education is hereby authorized to en ter into agreements with school
834	1420		districts, municipalities, the United States Government,
835	1421		foundations, and other agencies or individuals for services,
836	1422		programs, or research projects. The Statistical Services Revolving
837		-
838		-	ENR. S. B. NO. 516 Page 20
839	1423		Fund shall be administered in accordance with Section 155 of Title
840	1424		62 of the Oklahoma Statutes.
841		-
842	1425		B. 1. The redbud school grants shall be determined by the
843	1426		State Department of Education as follows:
844		-
845	1427		a. divide the county four-mill levy revenue by four to
846	1428		determine the nonchargeable county four -mill revenue
847	1429		for each school district,
848		-
849	1430		b. determine the amount of new re venue generated by the
850	1431		five-mill building fund levy as authorized by Section
851	1432		10 of Article X of the Oklahoma Constitution for each
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852	1459		school district as reported in the Oklahoma Cost
853	1460		Accounting System for the preceding fiscal year,
854		-
855	1461		c. add the amounts calculat ed in subparagraphs a and b of
856	1462		this paragraph to determine the nonchargeable millage
857	1463		for each school district,
858		-
859	1464		d. add the nonchargeable millage in each district
860	1465		statewide as calculat ed in subparagraph c of this
861	1466		paragraph and divide the total by the average daily
862	1467		membership in public schools statewide based on the
863	1468		preceding school year’s average daily membership,
864	1469		according to the provisions of Section 18-107 of this
865	1470		title. This amount is the statewide nonchargeable
866	1471		millage per student, known as the baseline local
867	1472		funding per student,
868		-
869	1473		e. all eligible charter schools shall be included in
870	1474		these calculations as unique school districts,
871	1475		separate from the school district that may sponsor th e
872	1476		eligible charter school, and the total number of
873	1477		districts shall be used to determine the statewide
874	1478		average baseline local funding per student,
875		-
876	1479		f. for each school district or eligible charter school
877	1480		which is below the baseline local funding per student,
878	1481		the Department shall subtract the baseline local
879	1482		funding per student from the average nonchargeable
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	1508	+
880	1509		millage per student of the school district or eligible
881		-
882		-	ENR. S. B. NO. 516 Page 21
883	1510		charter school to determine the nonchargeable millage
884	1511		per student shortfall for each district, and
885		-
886	1512		g. the nonchargeable millage per student shortfall for a
887	1513		school district or eligible charter school shall be
888	1514		multiplied by the average daily membership of the
889	1515		preceding school year of the eligible school district
890	1516		or eligible charter school. This amount sh all be the
891	1517		redbud school grant amount for the school district or
892	1518		eligible charter school.
893		-
894	1519		2. For fiscal year 2022, monies for the redbud school grants
895	1520		shall be expended from the funds apportioned pursuant to Section 2
896	1521		Section 426 of this act Title 63 of the Oklahoma Statutes . For
897	1522		fiscal year 2023 and each subsequent fiscal year, monies for the
898	1523		redbud school grants shall be appropriated pursuant to Section 2
899	1524		Section 426 of this act Title 63 of the Oklahoma Statutes, not to
900	1525		exceed three-fourths (3/4) of the tax colle cted in the preceding
901	1526		fiscal year pursuant to Section 426 of Title 63 of the Okla homa
902	1527		Statutes as determined by the Oklahoma Tax Commission. For fiscal
903	1528		year 2023 and each subsequent fiscal year, if such appropriated
904	1529		funds are insufficient to fund the redbud school grants, then an
905	1530		additional apportionment of funds shall be made from sales tax
906	1531		collections as provided by subsection D of Section 3 Section 1353 of
907	1532		this act Title 68 of the Oklahoma Statutes. If both funds are
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	1558	+
908	1559		insufficient, the Department shall promulgate rules to pe rmit a
909	1560		decrease to the baseline local funding per st udent to the highest
910	1561		amount allowed with the funding available.
911		-
912	1562		3. As used in this section, “eligible charter school” shall
913	1563		mean a charter school which is sponsored pursuant to the provisions
914	1564		of the Oklahoma Charter School Schools Act. Provided, however,
915	1565		“eligible charter school” shall not include a statewide virtual
916	1566		charter school sponsored by the Statewide Virtual Charter School
917	1567		Board Statewide Charter School Board but shall only include those
918	1568		which provide in-person or blended instruction, as provided by
919	1569		Section 1-111 of this title, to not less than two-thirds (2/3) of
920	1570		students as the primary means of instructional service delivery.
921		-
922	1571		4. The Department shall d evelop a program to acknowledge the
923	1572		redbud school grant recipients and shall include elected members of
924		-
925		-	ENR. S. B. NO. 516 Page 22
926	1573		the Oklahoma House of Representatives and Oklahoma State Senate who
927	1574		represent the school districts and eligible charter schools.
928		-
929	1575		5. The Department shall create a dedicated page on its website
930	1576		listing annual redbud school grant recipients, amount awarded to
931	1577		each recipient, and other pertinent infor mation about the Redbud
932	1578		School Funding Act.
933		-
934	1579		6. The Department shall provide the Chair chair of the House
935	1580		Appropriations and Budget Committee and the Chair chair of the
936	1581		Senate Appropriations Committee no later than February 1 of each
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	1607	+
937	1608		year with an estimate of the upcoming year’s redbud school grant
938	1609		allocation as prescribed by this section.
939		-
940	1610		SECTION 5. AMENDATORY 70 O.S. 2021, Sectio n 3-132, as
941	1611		amended by Section 1, Chapter 222, O.S.L. 2022 (70 O .S. Supp. 2022,
942	1612		Section 3-132), is amended to read as follows:
943		-
944	1613		Section 3-132. A. The Oklahoma Charter Schools Act shall apply
945	1614		only to charter schools formed and operated under the provisions of
946	1615		the act. Charter schools shall be sponsored only as follows:
947		-
948	1616		1. By any school district located in the State of Oklahoma this
949	1617		state, provided such charter school shall only be located within the
950	1618		geographical boundaries of the sponsor ing district and subject to
951	1619		the restrictions of Section 3-145.6 of this title;
952		-
953	1620		2. By a technology center school district if the charter school
954	1621		is located in a school district served by the technology center
955	1622		school district in which all or part of the scho ol district is
956	1623		located in a county having more than five hundred thousand (500,000)
957	1624		population according to the latest Fe deral Decennial Census;
958		-
959	1625		3. By a technology center school district if the charter school
960	1626		is located in a school district served by the technology center
961	1627		school district and the school district has a school site that has
962	1628		been identified as in need of improv ement by the State Board of
963	1629		Education pursuant to the Elementary and Secondary Education Act of
964	1630		1965, as amended or reauthorized;
965	1631
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966	1657		4. By an accredited comprehensive or, regional, or two-year
967	1658		institution that is a member of The Oklahoma State System of High er
968		-
969		-	ENR. S. B. NO. 516 Page 23
970	1659		Education or a community college if the charter school is located in
971	1660		a school district in which all or part of the school district is
972	1661		located in a county having more than five hundred thousand (500,000)
973	1662		population according to the latest Federal Decenni al Census by a
974	1663		private institution of higher learning located within this state
975	1664		that is accredited pursuant to Section 4103 of this title ;
976		-
977	1665		5. By a comprehensive or regional institution that is a member
978	1666		of The Oklahoma State System of Higher Education if t he charter
979	1667		school is located in a school district that has a school site that
980	1668		has been identified as in need of improvement by the State Board of
981	1669		Education pursuant to the Elementary and Secondary Education Act of
982	1670		1965, as amended or reauthorized. In addition, the institution
983	1671		shall have a teacher education program accredited by the Oklahoma
984	1672		Commission for Teacher Preparation and have a branch campus or
985	1673		constituent agency physically located within the school district in
986	1674		which the charter school is located i n the State of Oklahoma;
987		-
988	1675		6. 3. By a federally recognized Indian tribe, operating a high
989	1676		school under the authority of the Bureau of Indian Affairs as of
990	1677		November 1, 2010, if the charter school is for the purpose of
991	1678		demonstrating native language immersion instruction, and is located
992	1679		within its former reservation or treaty area boundaries. For
993	1680		purposes of this paragraph, native language immersion instructi on
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994	1707		shall require that educational instruc tion and other activities
995	1708		conducted at the school site are pri marily conducted in the native
996	1709		language;
997		-
998	1710		7. By 4. Until June 30, 2023, by the State Board of Education
999	1711		and beginning July 1, 202 4, by the Statewide Charter School Board
1000	1712		when the applicant of the charter school is the Office of Juvenile
1001	1713		Affairs or the applicant has a contract with the Office of Juvenile
1002	1714		Affairs and the charter school is for the purpose of providing
1003	1715		education services to youth in the custody or supervision of the
1004	1716		state. Not more than two charter schoo ls shall be sponsored by the
1005	1717		Board as provided for in this paragraph during the period of time
1006	1718		beginning July 1, 2010, through July 1, 201 6;
1007		-
1008	1719		8. 5. By a federally recognized Indian tribe only when the
1009	1720		charter school is located within the former reservation or treaty
1010	1721		area boundaries of the tribe on property held in trust by the Bureau
1011		-
1012		-	ENR. S. B. NO. 516 Page 24
1013	1722		of Indian Affairs of the United States Department of the Inte rior
1014	1723		for the benefit of the tribe; or
1015		-
1016	1724		9. 6. By the State Board of Education when the applicant has
1017	1725		first been denied a charter by the local school district in which it
1018	1726		seeks to operate Statewide Charter School Board. In counties with a
1019	1727		population of fewer than five hundred thousand (500,000) population,
1020	1728		according to the latest Federal Decennial Census, the State Board of
1021	1729		Education Statewide Charter School Board shall not sponsor more than
1022	1730		five new charter schools per year each year for the first five (5)
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1023	1757		years after the effective date of this act, with not more than one
1024	1758		charter school sponsored in a single school district per year. In
1025	1759		order to authorize a charter school under this section, the State
1026	1760		Board of Education shall find evidence of all of the following:
1027		-
1028	1761		a. a thorough and high-quality charter school application
1029	1762		from the applicant based on the authorizing standards
1030	1763		in subsection B of Section 3-134 of this title,
1031		-
1032	1764		b. a clear demonstration of community sup port for the
1033	1765		charter school, and
1034		-
1035	1766		c. the grounds and basis of obje ction by the school
1036	1767		district for denying the operation of the charter are
1037	1768		not supported by the greater weight of evidence and
1038	1769		the strength of the applic ation. Existing charter
1039	1770		schools sponsored by the Statewide Charter School
1040	1771		Board shall not apply to the limits prescribed by this
1041	1772		paragraph.
1042		-
1043	1773		B. An eligible non-school-district sponsor shall give priority
1044	1774		to opening charter schools that s erve at-risk student populations or
1045	1775		students from low-performing traditional public schools.
1046		-
1047	1776		C. An eligible non-school-district sponsor shall give priorit y
1048	1777		to applicants that have demonstrated a reco rd of operating at least
1049	1778		one school or similar program t hat demonstrates academic success and
1050	1779		organizational viability and serves student populations similar to
1051	1780		those the proposed cha rter school seeks to serve . In assessing the
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1052	1807		potential for quality repli cation of a charter school, a sponsor
1053	1808		shall consider the following factors before approving a new site or
1054	1809		school:
1055		-
1056		-	ENR. S. B. NO. 516 Page 25
1057		-
1058	1810		1. Evidence of a strong and reliable record of academic success
1059	1811		based primarily on student perfo rmance data, as well as other viable
1060	1812		indicators, including financial and operational success;
1061		-
1062	1813		2. A sound, detailed, and well-supported growth plan;
1063		-
1064	1814		3. Evidence of the ability to transfer successful practices to
1065	1815		a potentially different context that includ es reproducing critical
1066	1816		cultural, organizatio nal, and instructional characteristics;
1067		-
1068	1817		4. Any management organization involved in a potential
1069	1818		replication is fully vetted, and the academic, financial, and
1070	1819		operational records of the schools it operates are fo und to be
1071	1820		satisfactory;
1072		-
1073	1821		5. Evidence the program seeking to be replicated has the
1074	1822		capacity to do so suc cessfully without diminishing or putting at
1075	1823		risk its current operations; and
1076		-
1077	1824		6. A financial structure that ensures that funds attributable
1078	1825		to each charter school within a network and required by law to be
1079	1826		utilized by a school remain with and are used to b enefit that
1080	1827		school.
1081		-
1082	1828		D. For purposes of the Oklahoma Charter Schools Act, “charter
1083	1829		school” means a public school established by contract with a board
1084	1830		of education of a school district, an area vocatio nal-technical
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1085	1857		school district, a higher education instit ution, a federally
1086	1858		recognized Indian tribe, or the State Board of Education pursuant to
1087	1859		the Oklahoma Charter Schools Act to pro vide learning that will
1088	1860		improve student achievement and as defined in the Elementary and
1089	1861		Secondary Education Act of 1965, 20 U.S. C. 8065.
1090		-
1091	1862		E. 1. For the purposes of the Oklahoma Charter Schools Act,
1092	1863		“conversion school” means a school created by converting all or any
1093	1864		part of a traditional public school in order to access any or all
1094	1865		flexibilities afforded to a charter school.
1095		-
1096	1866		2. Prior to the board of education of a school district
1097	1867		converting all or any part of a traditional public school to a
1098	1868		conversion school, the board shall prepa re a conversion plan. The
1099		-
1100		-	ENR. S. B. NO. 516 Page 26
1101	1869		conversion plan shal l include documentation that demonstrates and
1102	1870		complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
1103	1871		19, 20, 21, 22, 23, 24, 34 and 35 of subsection B of Section 3-134
1104	1872		of this title. The conversion plan and all documents shall be in
1105	1873		writing and shall be available to the public pursuant to the
1106	1874		requirements of the Oklahoma Open Records Act. All votes by the
1107	1875		board of education of a school district to approve a conversion pla n
1108	1876		shall be held in an open public session. If the board of education
1109	1877		of a school district votes to approve a conversion plan, th e board
1110	1878		shall notify the State Board of Education within sixty (60) days
1111	1879		after the vote. The notification shall include a copy of the
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1112	1906		minutes for the board meeting at which the conversion plan was
1113	1907		approved.
1114		-
1115	1908		3. A conversion school shall comply with all th e same
1116	1909		accountability measures as are required of a charter school as
1117	1910		defined in subsection D of th is section. The provisions of Sections
1118	1911		3-140 and 3-142 of this title shall not apply to a conversion
1119	1912		school. Conversion schools shall comply with the same laws and
1120	1913		State Board of Education rules relating to student enrollment which
1121	1914		apply to traditional p ublic schools. Conversion schools shall be
1122	1915		funded by the board of education of the school district a s a school
1123	1916		site within the school district and funding s hall not be affected by
1124	1917		the conversion of the school.
1125		-
1126	1918		4. The board of education of a school distri ct may vote to
1127	1919		revert a conversion school back to a tr aditional public school at
1128	1920		any time; provided, the change shall only occur during a break
1129	1921		between school years.
1130		-
1131	1922		5. Unless otherwise provided for in this subsection, a
1132	1923		conversion school shall retain the characteristics of a tradit ional
1133	1924		public school.
1134		-
1135	1925		F. A charter school may consist of a new school sit e, new
1136	1926		school sites or all or any portion of an existing school site. An
1137	1927		entire school district may not become a charter school site.
1138	1928
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1139	1954		SECTION 6. AMENDATORY 70 O.S. 2021, Section 3 -134, as
1140	1955		amended by Section 2, Chapter 222, O.S.L. 2022 (70 O.S. Su pp. 2022,
1141	1956		Section 3-134), is amended to read as follows :
1142		-
1143		-
1144		-	ENR. S. B. NO. 516 Page 27
1145	1957		Section 3-134. A. For written applications filed after January
1146	1958		1, 2008 July 1, 2024, prior to submission of the application to a
1147	1959		proposed sponsor seeking to establish a charter school or to the
1148	1960		Statewide Charter School Board to establish a virtual char ter
1149	1961		school, the applicant shall be required to complete training which
1150	1962		shall not exceed ten (10) hours provid ed by the State Department of
1151	1963		Education Statewide Charter School Board on the process and
1152	1964		requirements for establishing a charter school or virtual charter
1153	1965		school. The sponsor of a char ter school that enters into a new or
1154	1966		renewed sponsorship contract on or after July 1, 2024, shall be
1155	1967		required to complete training provided by the Statewide Chart er
1156	1968		School Board or an organization approved by the Statewide Charter
1157	1969		School Board on the oversight duties of the sponsor. The Department
1158	1970		Board shall develop and implement the training and publish a list of
1159	1971		organizations approved to provide training by January 1, 2008 July
1160	1972		1, 2024. The Department Board and organizations approved by the
1161	1973		Board may provide the training in any format and manner that the
1162	1974		Department determines determined to be efficient and effective
1163	1975		including, but not limi ted to, web-based training.
1164		-
1165	1976		B. Except as otherwise provided for in Secti on 3-137 of this
1166	1977		title, an applicant seeking to establish a virtual charter school
	1978	+
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1167	2004		shall submit a written application to the State wide Charter School
1168	2005		Board, and an applicant seeking t o establish a charter school shall
1169	2006		submit a written applica tion to the proposed sponsor as prescribed
1170	2007		provided for in subsection E of this section. The application shall
1171	2008		include:
1172		-
1173	2009		1. A mission statement for the charter school or virtual
1174	2010		charter school;
1175		-
1176	2011		2. A description including, but not limited to, background
1177	2012		information of the organizational structure and the governing body
1178	2013		board of the charter school or virtual charter school ;
1179		-
1180	2014		3. A financial plan for the first five (5) years of operation
1181	2015		of the charter school or virtual charter school and a description of
1182	2016		the treasurer or other o fficers or persons who shall have pri mary
1183	2017		responsibility for the finances of the charter school or virtual
1184	2018		charter school. Such person shall have demon strated experience in
1185	2019		school finance or the equivalent thereof;
1186		-
1187		-
1188		-	ENR. S. B. NO. 516 Page 28
1189	2020		4. A description of the hiring poli cy of the charter school or
1190	2021		virtual charter school;
1191		-
1192	2022		5. The name of the applicant or applicants and requested
1193	2023		sponsor;
1194		-
1195	2024		6. A description of the facility and location of the charter
1196	2025		school;
1197		-
1198	2026		7. A description of the grades being served;
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1199	2052
1200	2053		8. An outline of criteria designed to measure the effectiveness
1201	2054		of the charter school or virtual charter school;
1202		-
1203	2055		9. A demonstration of support for the charter school from
1204	2056		residents of the school district which may include but is not
1205	2057		limited to a survey of the school district residents or a petition
1206	2058		signed by residents of the school district;
1207		-
1208	2059		10. Documentation that the applicants completed charter school
1209	2060		training as set forth in subsection A of this section;
1210		-
1211	2061		11. 10. A description of the minimum and maximum enro llment
1212	2062		planned per year for each term of the charter contract;
1213		-
1214	2063		12. 11. The proposed calendar for the ch arter school or virtual
1215	2064		charter school and sample daily schedule;
1216		-
1217	2065		13. 12. Unless otherwise auth orized by law or regulation, a
1218	2066		description of the academic program aligned with state standards;
1219		-
1220	2067		14. 13. A description of the instructional design of the
1221	2068		charter school, or virtual charter school including the type of
1222	2069		learning environment, class size and stru cture, curriculum overview,
1223	2070		and teaching methods;
1224		-
1225	2071		15. 14. The plan for using int ernal and external as sessments to
1226	2072		measure and report student progress on the performance framework
1227	2073		developed by the applicant in accordance with subsection C of
1228	2074		Section 3-135 Section 3-136 of this title;
1229	2075
1230		-
1231		-	ENR. S. B. NO. 516 Page 29
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1232	2101		16. 15. The plans for identif ying and successfully serving
1233	2102		students with disabilities, students who are English language
1234	2103		learners, and students who are academically behind;
1235		-
1236	2104		17. 16. A description of cocurricular or extracurricular
1237	2105		programs and how they will be funded and delivered;
1238		-
1239	2106		18. 17. Plans and time lines for student recruitm ent and
1240	2107		enrollment, including lottery procedures;
1241		-
1242	2108		19. 18. The student discipline policies for the charter school ,
1243	2109		or virtual charter school including those for special education
1244	2110		students;
1245		-
1246	2111		20. 19. An organizational chart that cle arly presents the
1247	2112		organizational structure of the charter school or virtual charter
1248	2113		school, including lines of authority and reporting between the
1249	2114		governing board, staff, any related bod ies such as advisory bodies
1250	2115		or parent and teacher councils, and any external organizations that
1251	2116		will play a role in managing the school;
1252		-
1253	2117		21. 20. A clear description of the roles an d responsibilities
1254	2118		for the governing board, the leadership and management te am for the
1255	2119		charter school or virtual charter school, and any other entities
1256	2120		shown in the organizational chart;
1257		-
1258	2121		22. 21. The leadership and teacher employment policies for the
1259	2122		charter school or virtual charter s chool;
1260		-
1261	2123		23. 22. Proposed governing bylaws;
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1262	2149
1263	2150		24. 23. Explanations of any partnerships or contractual
1264	2151		partnerships central to the operations or mission of the charter
1265	2152		school or virtual charter school;
1266		-
1267	2153		25. 24. The plans for providing transporta tion, food service,
1268	2154		and all other significant operational or ancillary services;
1269		-
1270	2155		26. 25. Opportunities and expectations for parental
1271	2156		involvement;
1272		-
1273		-
1274		-	ENR. S. B. NO. 516 Page 30
1275	2157		27. 26. A detailed school start-up plan that identifies tasks,
1276	2158		time lines, and responsible individuals;
1277		-
1278	2159		28. 27. A description of the financial plan and policies for
1279	2160		the charter school, or virtual charter school including financial
1280	2161		controls and audit requirements;
1281		-
1282	2162		29. 28. A description of the insurance coverage the charter
1283	2163		school or virtual charter school will obtain;
1284		-
1285	2164		30. 29. Start-up and five-year budgets with clearly stated
1286	2165		assumptions;
1287		-
1288	2166		31. 30. Start-up and first-year cash-flow projections with
1289	2167		clearly stated assumptions;
1290		-
1291	2168		32. 31. Evidence of anticipated fundraising contributions, if
1292	2169		claimed in the application;
1293		-
1294	2170		33. 32. A sound facilities plan, including backup or
1295	2171		contingency plans if appropriate;
1296		-
1297	2172		34. 33. A requirement that the charter school or virtual
1298	2173		charter school governing board meet at a minimum quarterly no fewer
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1299	2200		than ten (10) months of the year in the state and that for those
1300	2201		charter schools outsi de of counties with a population of five
1301	2202		hundred thousand (500,000) or more, that a majority minimum of two
1302	2203		(2) members are residents withi n the geographic boundary of the
1303	2204		sponsoring entity charter school; and
1304		-
1305	2205		35. 34. A requirement that the charter school or virtual
1306	2206		charter school follow the requirements of the Oklahoma Open Meeting
1307	2207		Act and Oklahoma Open Records Act; and
1308		-
1309	2208		35. A copy of any proposed contract between the g overning board
1310	2209		of a charter school or virtual c harter school and an educational
1311	2210		management organization, as defin ed by Section 5-200 of this title,
1312	2211		which meets the requirements of the O klahoma Charter Schools Act.
1313		-
1314	2212		C. A board of education of a public schoo l district, public
1315	2213		body, public or private college or university, private person, or
1316	2214		private organization may contract with a sponsor to establish a
1317		-
1318		-	ENR. S. B. NO. 516 Page 31
1319	2215		charter school or virtual charter school. A private school shall
1320	2216		not be eligible to contract for a charter school or virtual charter
1321	2217		school under the provisions of the Oklahoma Charter School s Act.
1322		-
1323	2218		D. The sponsor of a charter school is th e board of education of
1324	2219		a school district, the board of education of a technology center
1325	2220		school district, a higher education institution, the State Board of
1326	2221		Education, or a private institution of higher learnin g accredited
1327	2222		pursuant to Section 4103 of this title, a federally recognized
1328	2223		Indian tribe which meets the criteria established in Section 3 -132
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1329	2250		of this title, or beginning July 1, 2024, the Statew ide Charter
1330	2251		School Board. Any board of education of a school district in the
1331	2252		state sponsor authorized pursuant to subsection A of Section 3-132
1332	2253		of this title may sponsor one or more charter schools. The physical
1333	2254		location of a charter school sponsored by a board of education of a
1334	2255		school district or a technology center school district shall be
1335	2256		within the boundaries of the sponsoring school district. The
1336	2257		physical location of a charter school otherwise sponsored by the
1337	2258		State Board of Education Statewide Charter School Board pursuant to
1338	2259		paragraph 8 6 of subsection A of Section 3-132 of this title shall
1339	2260		be in the school district in which the application origina ted.
1340		-
1341	2261		E. 1. Beginning July 1, 2024, any application seeking to
1342	2262		establish a charter school in this sta te shall be submitted first to
1343	2263		the school district in which t he proposed charter school is to be
1344	2264		located. The school district board of education shall approve or
1345	2265		deny the application within sixty (60) days of receipt of the
1346	2266		application. If the charter school application is denied, nothing
1347	2267		shall prohibit an applica nt from submitting a revis ed application to
1348	2268		the school district board of education, which shall approve or deny
1349	2269		the revised application withi n sixty (60) days of receipt of the
1350	2270		application.
1351		-
1352	2271		2. An applicant for a charter school that has been denied
1353	2272		pursuant to paragraph 1 of this s ubsection may submit an application
1354	2273		to a proposed sponsor listed in paragraphs 2 through 6 of subsection
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1355	2300		A of Section 3-132 of this title, which shall either accept or
1356	2301		reject sponsorship of the charter school within ninety (90) da ys of
1357	2302		receipt of the application. If the proposed sponsor rejects the
1358	2303		application, it shall notify the applicant in writing of the reasons
1359	2304		for the rejection. The applicant may submit a revised application
1360	2305		for reconsideration to the proposed sponsor withi n thirty (30) days
1361		-
1362		-	ENR. S. B. NO. 516 Page 32
1363	2306		after receiving notificatio n of the rejection. The proposed sponsor
1364	2307		shall accept or reject the revised application within thirty (30)
1365	2308		days of its receipt. Should the sponsor reject the applicatio n on
1366	2309		reconsideration, the applicant may appeal the decision to the State
1367	2310		Board of Education with the revised application for review pursuant
1368	2311		to paragraph 8 of subsection A of Sectio n 3-132 of this title. The
1369	2312		State Board of Education shall hear the appeal no later than sixty
1370	2313		(60) days from the d ate received by the Board.
1371		-
1372	2314		3. Beginning July 1, 2024, an applicant for a virtual charter
1373	2315		school shall submit an application to the Statewide Charter School
1374	2316		Board, which shall either accept or reject sponsorship of t he
1375	2317		virtual charter school within ninety (90) days of receipt of th e
1376	2318		application. If the application is rejected, the Statewi de Charter
1377	2319		School Board shall notify the applicant in wr iting of the reasons
1378	2320		for the rejection. The applicant may submit a revised application
1379	2321		for reconsideration to the Statewide Charter school B oard within
1380	2322		thirty (30) days after receiving notification of the rejection. The
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1381	2349		Statewide Charter School Board sha ll accept or reject the revised
1382	2350		application within thi rty (30) days of its receipt.
1383		-
1384	2351		F. A board of education of a s chool district, board of
1385	2352		education of a technology center school district, a higher education
1386	2353		institution, a private institution of higher le arning accredited
1387	2354		pursuant to Section 4103 of this tit le, or a federally recognized
1388	2355		Indian tribe sponsor of a charter school shall notify the State
1389	2356		Board of Education and the Statewide Charter School Board when it
1390	2357		accepts sponsorship of a charter school . The notification shall
1391	2358		include a copy of the charter of the charter school.
1392		-
1393	2359		G. Applicants for charter schools and virtual charter schools
1394	2360		proposed to be sponsored by an entity other than a school district
1395	2361		pursuant to paragraph 1 of subsection A of Section 3-132 of this
1396	2362		title the Statewide Charter School Boar d may, upon rejection of the
1397	2363		a revised application, proceed to binding arbitration unde r the
1398	2364		commercial rules of the American Arbitration Association with costs
1399	2365		of the arbitration to be borne by the proposed sponsor applicant.
1400	2366		Applicants for charter schoo ls proposed to be spo nsored by school
1401	2367		districts pursuant to paragraph 1 of subsection A of Section 3-132
1402	2368		of this title may not proceed to binding arbitration but may be
1403	2369		sponsored by the State Board of E ducation as provided in paragraph 8
1404	2370		of subsection A of Section 3-132 of this title.
1405		-
1406		-	ENR. S. B. NO. 516 Page 33
1407		-
1408	2371		H. If a board of education of a technology center school
1409	2372		district school district, a higher education institution, the State
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1410	2399		Board of Education a private institution of hi gher learning
1411	2400		accredited pursuant to Section 4103 of t his title, or a federally
1412	2401		recognized Indian tribe accepts spo nsorship of a charter school, the
1413	2402		administrative, fiscal, and oversight responsibilities of the
1414	2403		technology center school district school district, the higher
1415	2404		education institution, the private institution of higher l earning
1416	2405		accredited pursuant to Section 4 103 of this title, or the federally
1417	2406		recognized Indian tribe shall be listed in the contract . No
1418	2407		administrative, fiscal, or oversight responsibilities of a charter
1419	2408		school shall be delegated to a school district unles s the local
1420	2409		school district agrees to enter into a contract to assume the
1421	2410		responsibilities.
1422		-
1423	2411		I. A sponsor of a public charter school sh all have the
1424	2412		following powers and duties over charter schools it sponsors, and
1425	2413		the Statewide Charter School Board shall h ave the following powers
1426	2414		and duties over the charter schools and v irtual charter schoo ls it
1427	2415		sponsors:
1428		-
1429	2416		1. Provide services and oversight of the operations of charter
1430	2417		schools or virtual charter schools in the state through annual
1431	2418		performance reviews of charter schools and reauthorization of
1432	2419		charter schools for which it is a sponsor ;
1433		-
1434	2420		2. Solicit and evaluate charter applications;
1435		-
1436	2421		3. Approve quality charter applications that meet ident ified
1437	2422		educational needs and promote a diversity of educational choi ces;
1438	2423
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1439	2449		4. Decline to approve weak or inadequate charter applications;
1440		-
1441	2450		5. Negotiate and execute sound charter contracts with each
1442	2451		approved public charter school or virtual charter school ;
1443		-
1444	2452		6. Approve or deny proposed contracts between the governing
1445	2453		board of a charter school or virtual charter school and an
1446	2454		educational management organization, as def ined by section 5-200 of
1447	2455		this title;
1448		-
1449		-
1450		-	ENR. S. B. NO. 516 Page 34
1451	2456		7. Monitor, in accordan ce with charter contract term s, the
1452	2457		performance and legal compliance of charter schools and virtual
1453	2458		charter schools; and
1454		-
1455	2459		7. 8. Determine whether each charter contract merits renewal,
1456	2460		nonrenewal, or revocation.
1457		-
1458	2461		J. Sponsors shall establish a procedure for accepting,
1459	2462		approving, and disapproving charter school applications in
1460	2463		accordance with subsection E of this sec tion. The Statewide Charter
1461	2464		School Board shall post its application, application process, and
1462	2465		application time frames on the Board’s website.
1463		-
1464	2466		K. Sponsors including the Statewide Charter School Board shall
1465	2467		be required to develop and maintain chartering po licies and
1466	2468		practices consistent with recognized principles and standards for
1467	2469		quality charter authorizing as established by the State D epartment
1468	2470		of Education sponsoring in all major areas of authorizing sponsoring
1469	2471		responsibility, including organizational capacity and
1470	2472		infrastructure, soliciting and evaluating charter school and virtual
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1471	2499		charter school applications, performance contracting, ongoing
1472	2500		charter school and virtual charter sch ool oversight and evaluation ,
1473	2501		and charter contract renewal decision-making.
1474		-
1475	2502		L. Sponsors acting in their official capacity shall be immune
1476	2503		from civil and criminal liability with respect to all activities
1477	2504		related to a charter school with which they contract .
1478		-
1479	2505		SECTION 7. AMENDATORY 70 O.S. 2021, Section 3 -136, is
1480	2506		amended to read as follows:
1481		-
1482	2507		Section 3-136. A. A Beginning July 1, 2024, a written contract
1483	2508		entered into between the Statewide Charter School Board and the
1484	2509		governing board of a charter school or statewide virtual charter
1485	2510		school or a written contract entered into between a sponsor and the
1486	2511		governing board of a charter school shall adopt a charter which will
1487	2512		ensure compliance with the following:
1488		-
1489	2513		1. A Except as provided for in the Oklahoma Charter Schools
1490	2514		Act, a charter school and virtual charter school shall be exempt
1491	2515		from all statutes and rules relating to schools, boards of
1492	2516		education, and school districts; provided, however, a charter school
1493		-
1494		-	ENR. S. B. NO. 516 Page 35
1495	2517		or virtual charter school shall comply with all federal regulations
1496	2518		and state and local rules and statutes relating to health, safety,
1497	2519		civil rights, and insurance. By January 1, 2000, the State
1498	2520		Department of Education shall prepare a list of relevant rules and
1499	2521		statutes which a charter school and virtual charter school must
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1500	2548		comply with as required by this paragraph and shall annually provide
1501	2549		an update to the list;
1502		-
1503	2550		2. A charter school shall be nonsectarian in its programs,
1504	2551		admission policies, employment practices, and all other operations.
1505	2552		A sponsor may not authorize a charter school or program that is
1506	2553		affiliated with a nonpublic sectarian school or religious
1507	2554		institution;
1508		-
1509	2555		3. The charter contract shall provide a description of the
1510	2556		educational program to be offered. A charter school or virtual
1511	2557		charter school may provide a comprehensive program of instruction
1512	2558		for a prekindergarten program, a kindergarten program, or any grade
1513	2559		between grades one and twelve. Instruction may be provided to all
1514	2560		persons between the ages of four (4) and twenty-one (21) years of
1515	2561		age. A charter school or virtual charter school may offer a
1516	2562		curriculum which emphasizes a specific l earning philosophy or style
1517	2563		or certain subject areas such as mathematics, science, fine arts,
1518	2564		performance arts, or foreign language. The charter of a charter
1519	2565		school or virtual charter school which offers grades nine through
1520	2566		twelve shall specifically addre ss whether the charter school or
1521	2567		virtual charter school will comply with the graduation requirements
1522	2568		established in Section 11-103.6 of this title. No charter school
1523	2569		shall be chartered for the purpose of offering a curriculum for deaf
1524	2570		or blind students that is the same or similar to the curriculum
1525	2571		being provided by or for educating deaf or blind students that are
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1526	2598		being served by the Oklahoma School for the Blind or the Oklahoma
1527	2599		School for the Deaf;
1528		-
1529	2600		4. A charter school or virtual charter school shall participate
1530	2601		in the testing as required by the Oklahoma School Testing Program
1531	2602		Act and the reporting of test results as is required of a school
1532	2603		district. A charter school or virtual charter school shall also
1533	2604		provide any necessary data to th e Office of Accountability within
1534	2605		the State Department of Education;
1535		-
1536		-
1537		-	ENR. S. B. NO. 516 Page 36
1538	2606		5. Except as provided for in the Oklahoma Charter Schools Act
1539	2607		and its charter, a charter school shall be exempt from all statutes
1540	2608		and rules relating to schools, boards of education, and school
1541	2609		districts;
1542		-
1543	2610		6. A charter school, to the extent possible, or virtual charter
1544	2611		school shall be subject to the same reporting requirements,
1545	2612		financial audits, audit procedures, and audit requirements as a
1546	2613		school district. The State Department of Education or State Auditor
1547	2614		and Inspector may conduct financial, program, or compliance audits.
1548	2615		The Statewide Charter School Board may request that the State
1549	2616		Auditor and Inspector conduct a financial, program, or compliance
1550	2617		audit for any charter school or virtual charter school it oversees.
1551	2618		A charter school or virtual charter school shall use the Oklahoma
1552	2619		Cost Accounting System to report financial transactions to t he
1553	2620		sponsoring school district State Department of Education. The
1554	2621		charter school or virtual charter school shall be subject to the
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1555	2648		limitations on spending, including provisions of the Oklahoma
1556	2649		Constitution, for any funds received from the state, either thr ough
1557	2650		the State Department of Education or other sources ;
1558		-
1559	2651		7. 6. A charter school or virtual charter school shall comply
1560	2652		with all federal and state laws relating to the education of
1561	2653		children with disabilities in the same manner as a school district;
1562		-
1563	2654		8. 7. A charter school or virtual charter school shall provide
1564	2655		for a governing body board for the school which shall be responsible
1565	2656		for the policies and operational decisions of the charter school or
1566	2657		virtual charter school. All of the charter school or virtual
1567	2658		charter school governing board members shall be residents of this
1568	2659		state and shall meet n o fewer than ten (10) months of the year in a
1569	2660		public meeting within the boundaries of the school district in which
1570	2661		the charter school is located or within this state if the governing
1571	2662		board oversees multiple charter schools in this state or oversees a
1572	2663		virtual charter school . The governing board of a charter school or
1573	2664		virtual charter school shall be subject to the same conflict of
1574	2665		interest requirements as a member of a school district board of
1575	2666		education including but not limited to Sections 5-113 and 5-124 of
1576	2667		this title. Members appo inted to the governing board of a charter
1577	2668		school or virtual charter school shall be subject to the same
1578	2669		instruction and continuing education requirements as a member of a
1579	2670		school district board of education and pursuant to Section 5-110 of
1580		-
1581		-	ENR. S. B. NO. 516 Page 37
1582	2671		this title shall complete twelve (12) hours of instruction within
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1583	2698		fifteen (15) months of appointment to the governing board and
1584	2699		pursuant to Section 5-110.1 of this title shall attend continuing
1585	2700		education;
1586		-
1587	2701		9. 8. A charter school or virtual charter school shall not be
1588	2702		used as a method of generating revenue for students who are being
1589	2703		home schooled and are not being educated at an org anized charter
1590	2704		school site or by a virtual charter school;
1591		-
1592	2705		10. 9. A charter school may or virtual charter school shall be
1593	2706		as equally free and open to al l students as traditional public
1594	2707		schools and shall not charge tuition or fees;
1595		-
1596	2708		11. 10. A charter school or virtual charter school shall
1597	2709		provide instruction each year for at least the number of days or
1598	2710		hours required in Section 1-109 of this title;
1599		-
1600	2711		12. 11. A charter school or virtual charter school shall comply
1601	2712		with the student suspension requirements provi ded for in Section 24-
1602	2713		101.3 of this title;
1603		-
1604	2714		13. 12. A charter school or virtual charter school shall be
1605	2715		considered a school district for purposes of tor t liability under
1606	2716		The Governmental Tort Claims Act;
1607		-
1608	2717		14. 13. Employees of a charter school or virtual charter school
1609	2718		may participate as members of the Te achers’ Retirement System of
1610	2719		Oklahoma in accordance with applicable statutes and rules if
1611	2720		otherwise allowed pursuant to law;
1612	2721
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1613	2747		15. 14. A charter school or virtual charter school may
1614	2748		participate in all health and related insurance programs available
1615	2749		to the employees of the sponsor of the charter school a public
1616	2750		school district;
1617		-
1618	2751		16. 15. A charter school or virtual charter school and their
1619	2752		respective governing boards shall comply with the Oklahoma Open
1620	2753		Meeting Act and the Oklahoma Open Records Act;
1621		-
1622	2754		17. 16. The governing body board of a charter school or virtual
1623	2755		charter school shall be subject to the same confl ict of interest
1624		-
1625		-	ENR. S. B. NO. 516 Page 38
1626	2756		requirements as a member of a local school board notify the sponsor
1627	2757		within ten (10) busin ess days in the instance of any significant
1628	2758		adverse actions, material findings of noncompliance, o r pending
1629	2759		actions, claims, or proceedings in this state rela ting to the
1630	2760		charter school, the virtual charter school, or an educational
1631	2761		management organization with which the charter school or virtual
1632	2762		charter school has a contract; and
1633		-
1634	2763		18. 17. No later than September 1 each year, the governing
1635	2764		board of each charter school or virtual charter school formed
1636	2765		pursuant to the Oklahoma Charter Schools Act shall prepare a
1637	2766		statement of actual income and expenditures for the charter school
1638	2767		or virtual charter school for the fiscal year that ended on the
1639	2768		preceding June 30, in a manner compliant with Section 5-135 of this
1640	2769		title. The statement of expenditures shall include functional
1641	2770		categories as defined in rules adopted by the State Board of
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1642	2797		Education to implement the Oklahoma Cost Accounting System pursuant
1643	2798		to Section 5-145 of this title. Charter schools and virtual charter
1644	2799		schools shall not be permitted to submit estimates of expenditures
1645	2800		or prorated amounts to fulfill the requirements of this paragr aph;
1646	2801		and
1647		-
1648	2802		18. A charter school or virtual charter school contract shall
1649	2803		include performance provisions based on a performance framework that
1650	2804		clearly sets forth the academic and operational performance
1651	2805		indicators that shall be used by charter school and virtual charter
1652	2806		school sponsors to evaluate their respective schools. The sponsor
1653	2807		may develop a separate performance framewor k to evaluate a charter
1654	2808		school or virtual charter school that has been designated by the
1655	2809		State Department of Education as implementin g an alternative
1656	2810		education program throughout the school. The sponsor shall require
1657	2811		a charter school or virtual charter school to submit the data
1658	2812		required in this subsection in the identical format that is required
1659	2813		by the State Department of Education of all public schools in order
1660	2814		to avoid duplicative admi nistrative efforts or allow a charter
1661	2815		school or virtual charter school to provide permission to the
1662	2816		Department to share all required data with the Board. The
1663	2817		performance framework shall serve as the minimum requirement for
1664	2818		charter school and virtual charter school performance evaluation and
1665	2819		shall include, but not be limited to, the following indicators:
1666		-
1667	2820		a. student academic proficiency,
1668	2821
1669		-	ENR. S. B. NO. 516 Page 39
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1670	2846
1671	2847		b. student academic growth,
1672		-
1673	2848		c. achievement gaps in both proficienc y and growth
1674	2849		between major student subgroups,
1675		-
1676	2850		d. student attendance,
1677		-
1678	2851		e. recurrent enrollment from year to year as determined
1679	2852		by the methodology used for public schools in
1680	2853		Oklahoma,
1681		-
1682	2854		f. in the case of high schools, graduation rates as
1683	2855		determined by the me thodology used for public schools
1684	2856		in Oklahoma,
1685		-
1686	2857		g. in the case of high schools, postsecondary readiness,
1687		-
1688	2858		h. financial performance and su stainability and
1689	2859		compliance with state and Internal Revenue Service
1690	2860		financial reporting requirements,
1691		-
1692	2861		i. audit findings or deficiencies,
1693		-
1694	2862		j. accreditation and timely reporting,
1695		-
1696	2863		k. governing board performance and stewardship including
1697	2864		compliance with all applicable laws, regulations, and
1698	2865		terms of the charter contract, and
1699		-
1700	2866		l. mobility of student population for the virtual charter
1701	2867		school framework.
1702		-
1703	2868		The sponsor including the Statewide Charter School Board shall
1704	2869		annually evaluate its charter schools or virtual charter schools
1705	2870		according to the performance framework. The results of the
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	2896	+
1706	2897		evaluation shall be presented to the governing board of the charter
1707	2898		school or virtual charter school and the governing board of the
1708	2899		charter school sponsor in an open meeting.
1709		-
1710	2900		B. An applicant or the g overning board of an applicant may hold
1711	2901		one or more charter contracts. Each charter school or virtual
1712		-
1713		-	ENR. S. B. NO. 516 Page 40
1714	2902		charter school that is part of a charter contract shall be separate
1715	2903		and distinct from any other charter school or virtual charter
1716	2904		school. For the purposes of t his subsection, “separate and
1717	2905		distinct” shall mean that a charter school or virtual charter school
1718	2906		governing board with oversight of more than one charter school or
1719	2907		virtual charter school shall not combine accounting, budgeting,
1720	2908		recordkeeping, admissions, employment, or policies and operational
1721	2909		decisions of the charter schools or virtual charter schools it
1722	2910		oversees.
1723		-
1724	2911		C. The charter contract of a charter school or virtual charter
1725	2912		school shall include a descri ption of the personnel policies,
1726	2913		personnel qualifications, and method of school governance, and the
1727	2914		specific role and duties of the sponsor of the charter school. A
1728	2915		charter school or virtual charter school shall not enter into an
1729	2916		employment contract with any teacher or other personnel until a
1730	2917		contract has been executed with its sponsor. The employment
1731	2918		contract shall set forth the personnel policies of the charter
1732	2919		school or virtual charter school including, but not limited to,
1733	2920		policies related to certification, professional development,
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	2926	+	5
	2927	+	6
	2928	+	7
	2929	+	8
	2930	+	9
	2931	+	10
	2932	+	11
	2933	+	12
	2934	+	13
	2935	+	14
	2936	+	15
	2937	+	16
	2938	+	17
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	2946	+
1734	2947		evaluation, suspension, dismissal and nonreemployment, sick leave,
1735	2948		personal business leave, emergency leave, and family and medical
1736	2949		leave. The contract shall also specifically set forth the salary,
1737	2950		hours, fringe benefits, and work conditions. The contract may
1738	2951		provide for employer-employee bargaining, but the charter school or
1739	2952		virtual charter school shall not be required to comply with the
1740	2953		provisions of Sections 509.1 through 509.10 of this title.
1741		-
1742	2954		Upon contracting with any teache r or other personnel, the
1743	2955		governing board of a charter school or virtual charter school shall,
1744	2956		in writing, disclose employment rights of the employees in the event
1745	2957		the charter school or virtual charter school closes or the charter
1746	2958		contract is not renewed.
1747		-
1748	2959		No charter school or virtual charter school may begin serving
1749	2960		students without a contract executed in accordance with the
1750	2961		provisions of the Oklahoma Charter Schools Act and approved in an
1751	2962		open meeting of the governing board of the sponsor or the Statewide
1752	2963		Charter School Board. The governing board of the sponsor or the
1753	2964		Statewide Charter School Board may establish reasonable preopening
1754	2965		requirements or conditions to monitor the start-up progress of newly
1755	2966		approved charter schools or virtual charter schools and ensure that
1756		-
1757		-	ENR. S. B. NO. 516 Page 41
1758	2967		each brick-and-mortar school is prepared to open smoothly on the
1759	2968		date agreed and to ensure that each school meets all building,
1760	2969		health, safety, insurance, and other legal requirements for the
1761	2970		opening of a school.
1762	2971
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	2996	+
1763	2997		C. D. The charter of a charter school or virtual charter school
1764	2998		may be amended at the request of the governing body board of the
1765	2999		charter school or virtual charter school and upon the approval of
1766	3000		the sponsor.
1767		-
1768	3001		D. E. A charter school or virtual charter school may enter into
1769	3002		contracts and sue and b e sued.
1770		-
1771	3003		E. F. The governing body board of a charter school may or
1772	3004		virtual charter school shall not levy taxes or issue bonds. A
1773	3005		school district that proposes a bond shall include any charter
1774	3006		school established pursuant to subsection A of Section 3-132 of this
1775	3007		title and located within the school district in planning
1776	3008		conversations regarding the bond.
1777		-
1778	3009		F. G. The charter of a charter school or virtual charter school
1779	3010		shall include a provision specifying the method or methods to be
1780	3011		employed for disposing of real and personal property acquired by the
1781	3012		charter school or virtual charter school upon expiration or
1782	3013		termination of the charter or failure of the charter s chool or
1783	3014		virtual charter school to continue operations. Except as otherwise
1784	3015		provided, any real or personal property purchased with state or
1785	3016		local funds shall be retained by the sponsoring school district
1786	3017		sponsor. If a charter school that was previous ly sponsored by the
1787	3018		board of education of a school district continues operation within
1788	3019		the school district under a new charter sponsored by an entity
1789	3020		authorized pursuant to Section 3-132 of this title, the charter
	3021	+
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	3025	+	4
	3026	+	5
	3027	+	6
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	3031	+	10
	3032	+	11
	3033	+	12
	3034	+	13
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	3036	+	15
	3037	+	16
	3038	+	17
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	3041	+	20
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	3045	+	24
	3046	+
1790	3047		school may retain any personal property purcha sed with state or
1791	3048		local funds for use in the operation of the charter school until
1792	3049		termination of the new c harter or failure of the charter school to
1793	3050		continue operations.
1794		-
1795	3051		SECTION 8. AMENDATORY 70 O.S. 2021, Section 3-137, is
1796	3052		amended to read as follows:
1797		-
1798	3053		Section 3-137. A. An approved An initial contract for between
1799	3054		a charter school or virtual charter school and its sponsor approved
1800		-
1801		-	ENR. S. B. NO. 516 Page 42
1802	3055		on or after July 1, 2024, shall be effective for five (5) years from
1803	3056		the first day of operation. A After completing an initial five-year
1804	3057		term, a charter contract may be renewed for successive five-year up
1805	3058		to ten-year terms of duration, although the sponsor may vary the
1806	3059		term based on the performance, demonstrated capacities, and
1807	3060		particular circumstances o f each charter school or virtual charter
1808	3061		school. A sponsor may grant renewal with specific conditions for
1809	3062		necessary improvements to a charter school or virtual charter
1810	3063		school.
1811		-
1812	3064		B. Prior to the beginning of the fourth final year of operation
1813	3065		the contract term of a charter school or virtual charter school, the
1814	3066		sponsor shall issue a charter school performance report and charter
1815	3067		renewal application guidance to the charter school and the charter
1816	3068		school its governing board or the virtual charter school and its
1817	3069		governing board. The performance report shall summarize the
1818	3070		performance record to date of the charter school, or virtual charter
	3071	+
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	3079	+	8
	3080	+	9
	3081	+	10
	3082	+	11
	3083	+	12
	3084	+	13
	3085	+	14
	3086	+	15
	3087	+	16
	3088	+	17
	3089	+	18
	3090	+	19
	3091	+	20
	3092	+	21
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	3094	+	23
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	3096	+
1819	3097		school based on the data required by the Oklahoma Charter Schools
1820	3098		Act, the annual performance framework evaluation, a review of the
1821	3099		contract with an educational management organization if the charter
1822	3100		school or virtual charter school contracts with an educational
1823	3101		management organization, and the charter contract and taking. The
1824	3102		performance review shall take into consideration the percentage of
1825	3103		at-risk students enrolled in the charter school or virtual charter
1826	3104		school, and. The performance report shall provide notice of any
1827	3105		weaknesses or, concerns, violations, or deficiencies perceived by
1828	3106		the sponsor concerning the charter school or virtual charter school
1829	3107		that may jeopardize its position in seeking renewal if not timely
1830	3108		rectified. The If there are weaknesses, conce rns, violations, or
1831	3109		deficiencies the sponsor may require a charter school or virtual
1832	3110		charter school to develop a corrective action plan and corresponding
1833	3111		timeline to remedy any weaknesses, concerns, violations, o r
1834	3112		deficiencies. If the sponsor requires a c orrective action plan, the
1835	3113		charter school or virtual charter school shall have forty-five (45)
1836	3114		days to respond to the performance report and submit any corrections
1837	3115		or clarifications for the report. If the charter school or virtual
1838	3116		charter school does not substantially complete the corrective action
1839	3117		plan, the sponsor may choose to revoke or not renew the charter
1840	3118		contract pursuant to the requirements of this section.
1841		-
1842	3119		C. 1. Prior to the beginning of the fifth final year of
1843	3120		operation a charter contract term, the charter school or virtual
1844	3121
1845		-	ENR. S. B. NO. 516 Page 43
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	3131	+	10
	3132	+	11
	3133	+	12
	3134	+	13
	3135	+	14
	3136	+	15
	3137	+	16
	3138	+	17
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	3146	+
1846	3147		charter school may apply for renewal of the contract with the
1847	3148		sponsor including the Statewide Charter School Board. The renewal
1848	3149		application guidance shall, at a minimum, provide an opportunity for
1849	3150		the charter school or virtual charter school to:
1850		-
1851	3151		a. present additional evidence, beyond the data contained
1852	3152		in the performance report, supporting its case for
1853	3153		charter renewal,
1854		-
1855	3154		b. describe improvements undertaken o r planned for the
1856	3155		school, and
1857		-
1858	3156		c. detail the plan for the next charter t erm for the
1859	3157		school.
1860		-
1861	3158		2. The renewal application guidance shall include or refer
1862	3159		explicitly to the criteria that will guide the renewal decisions of
1863	3160		the sponsor, which shall be bas ed on the performance framework set
1864	3161		forth in the charter contract and consist ent with the Oklahoma
1865	3162		Charter Schools Act.
1866		-
1867	3163		D. The sponsor may deny the request for renewal if it
1868	3164		determines the charter school or virtual charter school has failed
1869	3165		to complete the obligations of the contract or comply with the
1870	3166		provisions of the Oklahoma C harter Schools Act. A sponsor shall
1871	3167		give written notice of its intent to deny the request for renewal at
1872	3168		least eight (8) months prior to expiration of the contract. In
1873	3169		making charter renewal decisions, a sponsor shall:
1874	3170
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	3190	+	20
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	3195	+
1875	3196		1. Ground decisions on evidence of the performance of the
1876	3197		charter school or virtual charter school over the term of the
1877	3198		charter contract in accordance with the performance framework set
1878	3199		forth in the charter contract and shall take into consideration the
1879	3200		percentage of at-risk students enrolled in the school;
1880		-
1881	3201		2. Grant renewal to charter schools or virtual charter schools
1882	3202		that have achieved the standards, targets, and performance
1883	3203		expectations as stated in the charter contract and are
1884	3204		organizationally and fiscally viable and have been faithful to the
1885	3205		terms of the contract and applicable law;
1886		-
1887		-
1888		-	ENR. S. B. NO. 516 Page 44
1889	3206		3. Ensure that data used in making renewal decisions are
1890	3207		available to the school and the public; and
1891		-
1892	3208		4. Provide a public report summarizing the evidence used as the
1893	3209		basis for each decision.
1894		-
1895	3210		E. If a sponsor the Statewide Charter School Board denies a
1896	3211		request for renewal, the governing board of the sponsor Board may,
1897	3212		if requested by the charter school or virtual charter school ,
1898	3213		proceed to binding arbitration a s provided for in subsection G of
1899	3214		Section 3-134 of this title.
1900		-
1901	3215		F. A sponsor may terminate a contract during the term of the
1902	3216		contract for failure to meet the requirements for student
1903	3217		performance contained in the contract and performance framework,
1904	3218		failure to meet the standards of fiscal management, viol ations of
1905	3219		the law, or other good cause. The sponsor shall give at least
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	3222	+	2
	3223	+	3
	3224	+	4
	3225	+	5
	3226	+	6
	3227	+	7
	3228	+	8
	3229	+	9
	3230	+	10
	3231	+	11
	3232	+	12
	3233	+	13
	3234	+	14
	3235	+	15
	3236	+	16
	3237	+	17
	3238	+	18
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	3240	+	20
	3241	+	21
	3242	+	22
	3243	+	23
	3244	+	24
	3245	+
1906	3246		ninety (90) days’ written notice to the governing board of the
1907	3247		charter school or virtual charter school prior to terminating the
1908	3248		contract. The governing board may request, in writing , an informal
1909	3249		hearing before the sponsor within fourteen (14) days of receiving
1910	3250		notice. The sponsor shall conduct an informal hearing before taking
1911	3251		action. If a sponsor decides to terminate a contract, the governing
1912	3252		board may, if requested by the charte r school, proceed to binding
1913	3253		arbitration as provided for in subsection G of Section 3-134 of this
1914	3254		title.
1915		-
1916	3255		G. Beginning July 1, 2024, and subject to the provisions of
1917	3256		this section, a charter school sponsor authorized by subsection A of
1918	3257		Section 3-132 of this title with a charter contract that includes
1919	3258		more than one charter school site may terminate or not renew a
1920	3259		charter school contract for a specific charter school site.
1921		-
1922	3260		H. 1. Beginning in the 2016-2017 school year, the Stat e Board
1923	3261		of Education shall identify charter schools and virtual charter
1924	3262		schools in the state that are ranked in the bottom five percent (5%)
1925	3263		of all public schools as determined pursuant to Section 1210.545 of
1926	3264		this title.
1927		-
1928	3265		2. At the time of its charter rene wal, based on an average of
1929	3266		the current year and the two (2) prior operating years, a sponsor
1930	3267		may close a charter school site or virtual charter school identified
1931		-
1932		-	ENR. S. B. NO. 516 Page 45
1933	3268		as being among the bottom five percent ( 5%) of public schools in the
1934	3269		state. The average of the current year and two (2) prior operating
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	3282	+	12
	3283	+	13
	3284	+	14
	3285	+	15
	3286	+	16
	3287	+	17
	3288	+	18
	3289	+	19
	3290	+	20
	3291	+	21
	3292	+	22
	3293	+	23
	3294	+	24
	3295	+
1935	3296		years shall be calculated by using the percentage ranking for each
1936	3297		year divided by three, as determined by this subsection.
1937		-
1938	3298		3. If there is a change to the cal culation described in Section
1939	3299		1210.545 of this title that results in a charter school site or
1940	3300		virtual charter school that was not ranked in the bottom five
1941	3301		percent (5%) being ranked in the bottom five percent (5%), then the
1942	3302		sponsor shall use the higher of the two rankings to calculate the
1943	3303		ranking of the charter school site or virtual charter school.
1944		-
1945	3304		4. In the event that a sponsor fails to close a charter school
1946	3305		site consistent with this subsection, the sponsor shall appear
1947	3306		before the State Board of Education to provide support for its
1948	3307		decision. The State Board of Education may, by m ajority vote,
1949	3308		uphold or overturn the decision of the spons or. If the decision of
1950	3309		the sponsor is overturned by the State Board of Education, the Board
1951	3310		may implement one of the following actions:
1952		-
1953	3311		a. transfer the sponsorship of the charter school
1954	3312		identified in this paragraph to another sponsor,
1955		-
1956	3313		b. order the closure of the charter school identified in
1957	3314		this paragraph at the end of the current school year,
1958	3315		or
1959		-
1960	3316		c. order the reduction of any administrative fee
1961	3317		collected by the sponsor that is applicable to the
1962	3318		charter school identified in this paragraph. The
1963	3319		reduction shall become effective at the beginning of
	3320	+
	3321	+	Req. No. 2245 Page 66 1
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	3324	+	4
	3325	+	5
	3326	+	6
	3327	+	7
	3328	+	8
	3329	+	9
	3330	+	10
	3331	+	11
	3332	+	12
	3333	+	13
	3334	+	14
	3335	+	15
	3336	+	16
	3337	+	17
	3338	+	18
	3339	+	19
	3340	+	20
	3341	+	21
	3342	+	22
	3343	+	23
	3344	+	24
	3345	+
1964	3346		the month following the month the hearing of the
1965	3347		sponsor is held by the State Board of Education.
1966		-
1967	3348		5. A charter school or virtual charter school that is closed by
1968	3349		the State Board of Education its sponsor pursuant to paragraph 4 of
1969	3350		this subsection shall not be granted a subsequent charter by any
1970	3351		other sponsor contract.
1971		-
1972	3352		6. 5. The requirements of this subsection shall not apply to a
1973	3353		charter school or virtual charter school that has been designated by
1974		-
1975		-	ENR. S. B. NO. 516 Page 46
1976	3354		the State Department of Education as implementing an alternative
1977	3355		education program throughout the charter school.
1978		-
1979	3356		7. 6. In making a charter school site or virtual charter school
1980	3357		closure decision, the State Board of Education sponsor shall
1981	3358		consider the following:
1982		-
1983	3359		a. enrollment of students with special challenges such as
1984	3360		drug or alcohol addi ction, prior withdrawal from
1985	3361		school, prior incarceration, or other special
1986	3362		circumstances,
1987		-
1988	3363		b. high mobility of the student population resulting from
1989	3364		the specific purpose of the charter school or virtual
1990	3365		charter school,
1991		-
1992	3366		c. annual improvement in the performan ce of students
1993	3367		enrolled in the charter school or virtual charter
1994	3368		school compared with the performance of students
	3369	+
	3370	+	Req. No. 2245 Page 67 1
	3371	+	2
	3372	+	3
	3373	+	4
	3374	+	5
	3375	+	6
	3376	+	7
	3377	+	8
	3378	+	9
	3379	+	10
	3380	+	11
	3381	+	12
	3382	+	13
	3383	+	14
	3384	+	15
	3385	+	16
	3386	+	17
	3387	+	18
	3388	+	19
	3389	+	20
	3390	+	21
	3391	+	22
	3392	+	23
	3393	+	24
	3394	+
1995	3395		enrolled in the charter school or virtual charter
1996	3396		school in the immediately preceding school year, and
1997		-
1998	3397		d. whether a majority of students atten ding the charter
1999	3398		school or virtual charter school under consideration
2000	3399		for closure would likely revert to attending public
2001	3400		schools with lower academic achievement, as
2002	3401		demonstrated pursuant to Section 1210.545 of this
2003	3402		title.
2004		-
2005	3403		8. 7. If the State Board of Education has closed or transferred
2006	3404		authorization of at least twenty-five percent (25%) of the charter
2007	3405		schools chartered by one sponsor are closed within a five-year
2008	3406		period pursuant to paragraph 4 of this subsection, the authority of
2009	3407		the sponsor to authorize sponsor new charter schools may be
2010	3408		suspended by the Board Statewide Charter School Board until the
2011	3409		Board approves the sponsor to authorize sponsor new charter schools.
2012	3410		A determination under made pursuant to this paragraph to suspend the
2013	3411		authority of a sponsor to authorize new charter schools shall
2014	3412		identify the deficiencies that, if corrected, will result in the
2015	3413		approval of the sponsor to authorize sponsor new charter schools.
2016		-
2017		-
2018		-	ENR. S. B. NO. 516 Page 47
2019	3414		H. I. If a sponsor terminates a contract or the charter school
2020	3415		or virtual charter school is closed, the closure shall be conducted
2021	3416		in accordance with the following protocol:
2022		-
2023	3417		1. Within two (2) calendar weeks of a final closure
2024	3418		determination, the sponsor shall meet with the governing board and
	3419	+
	3420	+	Req. No. 2245 Page 68 1
	3421	+	2
	3422	+	3
	3423	+	4
	3424	+	5
	3425	+	6
	3426	+	7
	3427	+	8
	3428	+	9
	3429	+	10
	3430	+	11
	3431	+	12
	3432	+	13
	3433	+	14
	3434	+	15
	3435	+	16
	3436	+	17
	3437	+	18
	3438	+	19
	3439	+	20
	3440	+	21
	3441	+	22
	3442	+	23
	3443	+	24
	3444	+
2025	3445		leadership of the charter school or virtual charter school to
2026	3446		establish a transition team composed of school staff, applicant
2027	3447		staff, and others designated by the applicant that will attend to
2028	3448		the closure, including the transfer of students, student records,
2029	3449		and school funds;
2030		-
2031	3450		2. The sponsor and transition team shall communicate regularly
2032	3451		and effectively with families of students enrolled in the charter
2033	3452		school or virtual charter school, as well as with school staff and
2034	3453		other stakeholders, to keep them apprised of key information
2035	3454		regarding the closure of the school and their options and risks;
2036		-
2037	3455		3. The sponsor and transition team shall ensure that current
2038	3456		instruction of students enrolled in the charter school or virtual
2039	3457		charter school continues per the charter agreement contract for the
2040	3458		remainder of the school year;
2041		-
2042	3459		4. The sponsor and transition team shall ensure that all
2043	3460		necessary and prudent notifications are issued to agencies,
2044	3461		employees, insurers, contractors, creditors, debtors, and management
2045	3462		organizations; and
2046		-
2047	3463		5. The governing board of the chart er school or virtual charter
2048	3464		school shall continue to meet as necessary to take actions needed to
2049	3465		wind down school operations, manage school finances, allocate
2050	3466		resources, and facilitate all aspects of closure.
2051	3467
	3468	+	Req. No. 2245 Page 69 1
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	3473	+	6
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	3475	+	8
	3476	+	9
	3477	+	10
	3478	+	11
	3479	+	12
	3480	+	13
	3481	+	14
	3482	+	15
	3483	+	16
	3484	+	17
	3485	+	18
	3486	+	19
	3487	+	20
	3488	+	21
	3489	+	22
	3490	+	23
	3491	+	24
	3492	+
2052	3493		I. J. A sponsor including the Statewide Chart er School Board
2053	3494		shall develop revocation and nonrenewal processes that a re
2054	3495		consistent with the Oklahoma Charter Schools Act and that:
2055		-
2056	3496		1. Provide the charter school or virtual charter school with a
2057	3497		timely notification of the prospect of revocation or nonre newal and
2058	3498		of the reasons for possible closure;
2059		-
2060		-
2061		-	ENR. S. B. NO. 516 Page 48
2062	3499		2. Allow the charter sch ool or virtual charter school a
2063	3500		reasonable amount of time in which to prepare a response;
2064		-
2065	3501		3. Provide the charter school or virtual charter school with an
2066	3502		opportunity to submit documents and give testimony in a public
2067	3503		hearing challenging the rationale for closure and in support of the
2068	3504		continuation of the school at an orderly proceeding held for that
2069	3505		purpose and prior to taking any final nonrenewal or revocation
2070	3506		decision related to the school;
2071		-
2072	3507		4. Allow the charter school or virtual charter school access to
2073	3508		representation by counsel to call witnesses on its behalf;
2074		-
2075	3509		5. Permit the recording of the proceedings; and
2076		-
2077	3510		6. After a reasonable period for deliberation, require a final
2078	3511		determination be made and conveyed in writing to the charter school
2079	3512		or virtual charter school.
2080		-
2081	3513		J. K. If a sponsor revokes or does not renew a charter
2082	3514		contract, the sponsor shall clearly state in a re solution the
2083	3515		reasons for the revocation or nonrenewal. If a charter is revoked
	3516	+
	3517	+	Req. No. 2245 Page 70 1
	3518	+	2
	3519	+	3
	3520	+	4
	3521	+	5
	3522	+	6
	3523	+	7
	3524	+	8
	3525	+	9
	3526	+	10
	3527	+	11
	3528	+	12
	3529	+	13
	3530	+	14
	3531	+	15
	3532	+	16
	3533	+	17
	3534	+	18
	3535	+	19
	3536	+	20
	3537	+	21
	3538	+	22
	3539	+	23
	3540	+	24
	3541	+
2084	3542		or nonrenewed, the charter school or virtual charter school sha ll
2085	3543		disclose the revocation or nonrenewal in any subsequent app lication.
2086		-
2087	3544		K. 1. Before a sponsor may issue a charter to a charter school
2088	3545		governing body that has had its charte r terminated or has been
2089	3546		informed that its charter will not be renewed by the current
2090	3547		sponsor, the sponsor shall request to have the proposal reviewed by
2091	3548		the State Board of Education at a hearing. The State Board of
2092	3549		Education shall conduct a hearing in wh ich the sponsor shall present
2093	3550		information indicating that the proposal of the organizer is
2094	3551		substantively different in the areas of deficiency identified by the
2095	3552		current sponsor from the current proposal as set forth within the
2096	3553		charter with its current spons or.
2097		-
2098	3554		2. After the State Board of Education conducts a hearing
2099	3555		pursuant to this subsection, the Board shall either approve or deny
2100	3556		the proposal.
2101		-
2102	3557		3. If the proposal is denied, no sponsor may issue a charter to
2103	3558		the charter school governing body.
2104		-
2105		-	ENR. S. B. NO. 516 Page 49
2106		-
2107	3559		L. If a charter contract is not renewed, the governing board of
2108	3560		the charter school may submit an application to a proposed new
2109	3561		sponsor as provided fo r in Section 3-134 of this title.
2110		-
2111	3562		M. If a charter contract is not renewed or is terminated
2112	3563		according to this section, a student who attended the charter school
2113	3564		or virtual charter school may enroll in the resident school district
	3565	+
	3566	+	Req. No. 2245 Page 71 1
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	3575	+	10
	3576	+	11
	3577	+	12
	3578	+	13
	3579	+	14
	3580	+	15
	3581	+	16
	3582	+	17
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	3585	+	20
	3586	+	21
	3587	+	22
	3588	+	23
	3589	+	24
	3590	+
2114	3591		of the student or may a pply for a transfer in accordance with
2115	3592		Section 8-103 of this title the Education Open Transfer Act.
2116		-
2117	3593		SECTION 9. AMENDATORY 70 O.S. 2021, Section 3-139, is
2118	3594		amended to read as follows:
2119		-
2120	3595		Section 3-139. A. A sponsoring school district shall determine
2121	3596		whether a teacher who is employed by or teaching at a charter school
2122	3597		or virtual charter school and who was previously employed as a
2123	3598		teacher at the sponsoring public school district shall not lose any
2124	3599		right of salary status or any other benefit provided by law due to
2125	3600		teaching at a charter school or virtual charter school upon
2126	3601		returning to the sponsoring public school district to teach.
2127		-
2128	3602		B. A teacher who is employed by or teaching at a charter school
2129	3603		or virtual charter school and who submits an employment application
2130	3604		to the school district where the teacher was employed immediately
2131	3605		before employment by or at a charter school or virtual charter
2132	3606		school shall be given employment preference by the school district
2133	3607		if:
2134		-
2135	3608		1. The teacher submits an employment application to the school
2136	3609		district no later than three (3) years after ceasing employment with
2137	3610		the school district; and
2138		-
2139	3611		2. A suitable position is available at the school district.
2140		-
2141	3612		SECTION 10. AMENDATORY 70 O.S. 2021, Section 3-140, is
2142	3613		amended to read as follows:
	3614	+
	3615	+	Req. No. 2245 Page 72 1
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	3617	+	3
	3618	+	4
	3619	+	5
	3620	+	6
	3621	+	7
	3622	+	8
	3623	+	9
	3624	+	10
	3625	+	11
	3626	+	12
	3627	+	13
	3628	+	14
	3629	+	15
	3630	+	16
	3631	+	17
	3632	+	18
	3633	+	19
	3634	+	20
	3635	+	21
	3636	+	22
	3637	+	23
	3638	+	24
2143	3639
2144	3640		Section 3-140. A. Except for a charter school sponsored by the
2145	3641		State Board of Education, a A charter school with a brick-and-mortar
2146	3642		school site or sites shall enroll those students whose legal
2147	3643		residence is within the boundaries of the school district in which
2148		-
2149		-	ENR. S. B. NO. 516 Page 50
2150	3644		the charter school is located and who submit a timely application,
2151	3645		or those students who transfer to the district in which the charter
2152	3646		school is located in accordance with Section 8-103 or 8-104 of this
2153	3647		title the Education Open Transfer Act, unless the number of
2154	3648		applications exceeds the capacity of a program, class, grade level,
2155	3649		or building. Students who reside in a school district where a
2156	3650		charter school is located shall not be required to obtain a transfer
2157	3651		in order to attend a charter school in the school district of
2158	3652		residence. If capacity is insufficient to enroll all eligible
2159	3653		students, the charter school shall select students through a lottery
2160	3654		selection process. Except for a charter school sponsored by the
2161	3655		State Board of Education, a A charter school shall give enrollment
2162	3656		preference to eligible students who reside within the boundaries of
2163	3657		the school district in which the charter school is located. Except
2164	3658		for a charter school sponsored by the State Board of Education, a
2165	3659		charter school created after November 1, 2010, shall give enrollment
2166	3660		preference to eligible students who reside within the boundaries of
2167	3661		the school district in which the charter school is located and who
2168	3662		attend a school site that has been identified as in need of
2169	3663		improvement by the State Board of Education pursuant to the
	3664	+
	3665	+	Req. No. 2245 Page 73 1
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	3675	+	11
	3676	+	12
	3677	+	13
	3678	+	14
	3679	+	15
	3680	+	16
	3681	+	17
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	3686	+	22
	3687	+	23
	3688	+	24
	3689	+
2170	3690		Elementary and Secondary Education Act of 1965, as amended or
2171	3691		reauthorized. A charter school may limit admission to st udents
2172	3692		within a given age group or grade level. A charter school sponsored
2173	3693		by the State Board of Education Statewide Charter School Board when
2174	3694		the applicant of the charter school is the Office of Juvenile
2175	3695		Affairs shall limit admission to youth that are in the custody or
2176	3696		supervision of the Office of Juvenile Affairs.
2177		-
2178	3697		B. Except for a charter school sponsored by the State Board of
2179	3698		Education, a A brick-and-mortar charter school shall admit students
2180	3699		who reside in the attendance area of a school or in a school
2181	3700		district that is under a court order of desegregation or that is a
2182	3701		party to an agreement with the United States Department of Education
2183	3702		Office for Civil Rights directed towards mediating alleged or proven
2184	3703		racial discrimination unless notice is received from the resident
2185	3704		school district that admission of the student would violate the
2186	3705		court order or agreement.
2187		-
2188	3706		C. A brick-and-mortar charter school may designate a specific
2189	3707		geographic area within the school district in which the charter
2190	3708		school is located as an academic enterprise zone and may l imit
2191	3709		admissions to students who reside within that area. An academic
2192		-
2193		-	ENR. S. B. NO. 516 Page 51
2194	3710		enterprise zone shall be a geographic area in which sixty percent
2195	3711		(60%) or more of the children who reside in the area qualify for the
2196	3712		free or reduced school lunch program.
	3713	+
	3714	+	Req. No. 2245 Page 74 1
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	3716	+	3
	3717	+	4
	3718	+	5
	3719	+	6
	3720	+	7
	3721	+	8
	3722	+	9
	3723	+	10
	3724	+	11
	3725	+	12
	3726	+	13
	3727	+	14
	3728	+	15
	3729	+	16
	3730	+	17
	3731	+	18
	3732	+	19
	3733	+	20
	3734	+	21
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	3736	+	23
	3737	+	24
2197	3738
2198	3739		D. Except as provided in subsections B and C of this section, a
2199	3740		charter school or virtual charter school shall not limit admission
2200	3741		based on ethnicity, national origin, gender, income level, disabling
2201	3742		condition, proficiency in the English language, measures of
2202	3743		achievement, aptitude, or athletic ability.
2203		-
2204	3744		E. A sponsor of a charter school shall not restrict the number
2205	3745		of students a charter school may enroll, and the Statewide Charter
2206	3746		School Board shall not restrict the number of students a virtual
2207	3747		charter school or charter school may en roll. The capacity of the a
2208	3748		charter school or virtual charter school shall be determined
2209	3749		annually quarterly by the governing board of the charter school
2210	3750		based on the ability of the charter school to facilitate the
2211	3751		academic success of the students, to achieve the other objectives
2212	3752		specified in the charter contract, and to ensure that the student
2213	3753		enrollment does not exceed the capacity of its facility or site or
2214	3754		virtual charter school pursuant to the provisions of the Education
2215	3755		Open Transfer Act.
2216		-
2217	3756		F. Beginning July 1, 2024, each statewide virtual charter
2218	3757		school which has been approved and sponsored by the Statewide
2219	3758		Charter School Board or any virtual charter school for which the
2220	3759		Board has assumed sponsorship as provided for in Section 1 of this
2221	3760		act shall be considered a statewide virtual charter school and the
2222	3761		geographic boundaries of each statewide virtual charter school shall
2223	3762		be the borders of the state.
	3763	+
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	3784	+	21
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	3786	+	23
	3787	+	24
2224	3788
2225	3789		H. Beginning July 1, 2024, students enrolled full-time in a
2226	3790		statewide virtual charter school sponsored by the Statewide Charter
2227	3791		School Board shall not be authorized to participate in any
2228	3792		activities administered by the Oklahoma Secondary School Activities
2229	3793		Association. However, the students may participate in intramural
2230	3794		activities sponsored by a statewide virtual charter school, an
2231	3795		online provider for the charter school, or any other outside
2232	3796		organization.
2233		-
2234	3797		I. 1. Beginning July 1, 2024, a public school student who
2235	3798		wishes to enroll in a virtual charter school shall be considered a
2236		-
2237		-	ENR. S. B. NO. 516 Page 52
2238	3799		transfer student from his or her resident school district. A
2239	3800		virtual charter school shall pre-enroll any public school student
2240	3801		whose parent or legal guardian expresses intent to enroll in the
2241	3802		virtual charter school . Upon pre-enrollment, the State Department
2242	3803		of Education shall initiate a transfer on a form to be completed by
2243	3804		the receiving virtual charter school. Upon approval of the
2244	3805		receiving virtual charter school, the student may begin
2245	3806		instructional activities. Upon notice that a public school student
2246	3807		has transferred to a virtual charter school, the resident school
2247	3808		district shall transmit the student’s records within three (3)
2248	3809		school days.
2249		-
2250	3810		2. The State Department of Education shall notify the
2251	3811		Legislature and Governor if it determines that the information
2252	3812		technology infrastructure necessary to process the transfer of
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	3821	+	8
	3822	+	9
	3823	+	10
	3824	+	11
	3825	+	12
	3826	+	13
	3827	+	14
	3828	+	15
	3829	+	16
	3830	+	17
	3831	+	18
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	3833	+	20
	3834	+	21
	3835	+	22
	3836	+	23
	3837	+	24
	3838	+
2253	3839		students to a virtual charter school is inadequate and additional
2254	3840		time is needed for implementation.
2255		-
2256	3841		3. A public school student may transfer to one statewide
2257	3842		virtual charter school at any time during a school year. For
2258	3843		purposes of this subsection, “school year” shall mean July 1 through
2259	3844		the following June 30. After one statewide virtual charter school
2260	3845		transfer during a school year, no public school student shall be
2261	3846		permitted to transfer to any other statewide virtual charter school
2262	3847		without the concurrence of both the resident school district and the
2263	3848		receiving virtual charter school. A student shall have a grace
2264	3849		period of fifteen (15) school days from the first day of enrollment
2265	3850		in a statewide virtual charter school to withdraw without academic
2266	3851		penalty and shall continue to have the option of one virtual charter
2267	3852		school transfer without the concurrence of both the resident school
2268	3853		district and the receiving virtual charter school during that same
2269	3854		school year. A statewide virtual charter school student that has
2270	3855		utilized the allowable one transfer pursuant to this subsection
2271	3856		shall not be permitted to transfer to another school district or
2272	3857		another statewide virtual charter school without first notifying his
2273	3858		or her resident district and initiating a new transfer. Upon
2274	3859		cancellation of a transfer, the virtual charter school shall
2275	3860		transmit the student’s records to the student’s new school district
2276	3861		within three (3) school days. Students enrolled in a statewide
2277	3862		virtual charter school shall not be required to submit a virtual
	3863	+
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	3873	+	10
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	3875	+	12
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	3879	+	16
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	3884	+	21
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	3886	+	23
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	3888	+
2278	3889		charter transfer for consecutive years of enrollment. Any student
2279	3890		enrolled in a statewide virtual charter school the year prior to the
2280		-
2281		-	ENR. S. B. NO. 516 Page 53
2282	3891		implementation of this section shall not be required to submit a
2283	3892		transfer in order to remain enrolled.
2284		-
2285	3893		J. 1. Beginning July 1, 2024, a student shall be eligible to
2286	3894		enroll in a statewide virtual charter school sponsored by the
2287	3895		Statewide Charter School Board pursuant to Section 1 of this act if
2288	3896		he or she is a student whose parent or legal guardian is transferred
2289	3897		or is pending transfer to a military installation within this state
2290	3898		while on active military duty pursuant to an official military
2291	3899		order.
2292		-
2293	3900		2. A statewide virtual charter school shall accept applications
2294	3901		by electronic means for enrollment and course registration for
2295	3902		students described in paragraph 1 of this subsection.
2296		-
2297	3903		3. The parent or legal guardian of a student described in
2298	3904		paragraph 1 of this subsection shall provide proof of residence in
2299	3905		this state within ten (10) days after the published arrival date
2300	3906		provided on official documentation. A parent or legal guardian may
2301	3907		use the following addresses as proof of residence:
2302		-
2303	3908		a. a temporary on-base billeting facility,
2304		-
2305	3909		b. a purchased or leased home or apartment, or
2306		-
2307	3910		c. federal government or public-private venture off-base
2308	3911		military housing.
2309	3912
	3913	+	Req. No. 2245 Page 78 1
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	3918	+	6
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	3924	+	12
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	3934	+	22
	3935	+	23
	3936	+	24
	3937	+
2310	3938		4. The provisions of paragraph 3 of subsection I shall apply to
2311	3939		students described in paragra ph 1 of this subsection.
2312		-
2313	3940		5. For purposes of this subsection:
2314		-
2315	3941		a. “active military duty” means full-time military duty
2316	3942		status in the active uniformed service of the United
2317	3943		States including members of the National Guard and
2318	3944		Military Reserve on active duty orders, and
2319		-
2320	3945		b. “military installation” means a base, camp, post,
2321	3946		station, yard, center, homeport facility for any ship,
2322	3947		or other installation under the jurisdiction of the
2323		-
2324		-	ENR. S. B. NO. 516 Page 54
2325	3948		Department of Defense or the United States Coast
2326	3949		Guard.
2327		-
2328	3950		SECTION 11. AMENDATORY 70 O.S. 2021, Section 3 -142, is
2329	3951		amended to read as follows:
2330		-
2331	3952		Section 3-142. A. The student membership and attendance of the
2332	3953		a charter school shall be considered separate from the student
2333	3954		membership and attendance of the sponsor for the purpose of
2334	3955		calculating enrollment and funding including weighted average daily
2335	3956		membership pursuant to Section 18 -201.1 of this title and State Aid
2336	3957		pursuant to Section 18-200.1 of this title. A charter school shall
2337	3958		receive the State Aid allocation, federal funds to which it is
2338	3959		eligible and qualifies for , and any other state-appropriated revenue
2339	3960		generated by its stu dents for the applicable year. Not more than
2340	3961		three percent (3%) of the State Aid allocation may be charged by the
	3962	+
	3963	+	Req. No. 2245 Page 79 1
	3964	+	2
	3965	+	3
	3966	+	4
	3967	+	5
	3968	+	6
	3969	+	7
	3970	+	8
	3971	+	9
	3972	+	10
	3973	+	11
	3974	+	12
	3975	+	13
	3976	+	14
	3977	+	15
	3978	+	16
	3979	+	17
	3980	+	18
	3981	+	19
	3982	+	20
	3983	+	21
	3984	+	22
	3985	+	23
	3986	+	24
	3987	+
2341	3988		sponsor as a fee for administra tive services rendered if the sponsor
2342	3989		is a school district, a comprehensive or regional institution of
2343	3990		higher education, a two-year college, a private institution of
2344	3991		higher learning accredited pursuant to Section 4103 of this title,
2345	3992		or a federally recogniz ed Indian tribe pursuant to Section 3 -132 of
2346	3993		this title. The Statewide Charter School Board shall not charge any
2347	3994		charter school or virtual charter school a fee for a dministrative or
2348	3995		other services. The State Board of Education State Department of
2349	3996		Education shall determine the policy and procedure for making
2350	3997		payments to a charter school or virtual charter school. The fee for
2351	3998		administrative services as authorized i n this subsection shall only
2352	3999		be assessed on the State Aid allocation amount and shall not be
2353	4000		assessed on any other appropriated amounts. A sponsor of a charter
2354	4001		school shall not charge any additional State Aid allocation or
2355	4002		charge the charter school any additional fee above the amounts
2356	4003		allowed by this subsection unless the additional fees are for
2357	4004		additional services rendered. The charter school sponsor shall
2358	4005		provide to the State Department of Education financial records
2359	4006		documenting any state funds charged by the sponsor for
2360	4007		administrative services rendered for the previous year.
2361		-
2362	4008		B. The fee for administrative services authorized by subsection
2363	4009		A of this section shall be used by the sponsor to provide oversight
2364	4010		and services to the charter schools it sponsors. T he State
2365	4011		Department of Education shall develop data codes for the Oklahoma
	4012	+
	4013	+	Req. No. 2245 Page 80 1
	4014	+	2
	4015	+	3
	4016	+	4
	4017	+	5
	4018	+	6
	4019	+	7
	4020	+	8
	4021	+	9
	4022	+	10
	4023	+	11
	4024	+	12
	4025	+	13
	4026	+	14
	4027	+	15
	4028	+	16
	4029	+	17
	4030	+	18
	4031	+	19
	4032	+	20
	4033	+	21
	4034	+	22
	4035	+	23
	4036	+	24
	4037	+
2366	4038		Cost Accounting System which shall be used to comply with the
2367		-
2368		-	ENR. S. B. NO. 516 Page 55
2369	4039		administrative services reporting required by this section. A
2370	4040		charter school sponsor shall publish a detailed report o n its
2371	4041		website and present the report in a public meeting of the charter
2372	4042		school governing board and the charter school sponsor governing
2373	4043		board. The report shall provide sponsor performance and stewardship
2374	4044		including compliance with all applicable laws, re gulations, and
2375	4045		terms of the charter contract and listing expenses related to
2376	4046		oversight and services provided by the sponsor to the charter
2377	4047		schools it sponsors.
2378		-
2379	4048		1. The weighted average daily membership for the first year of
2380	4049		operation of a charter school shall be determined initially by
2381	4050		multiplying the actual enrollment of students as of August 1 by
2382	4051		1.333. The charter school shall receive revenue equal to that which
2383	4052		would be generated by the estimated weighted average daily
2384	4053		membership calculated pursuant to this paragraph. At midyear, the
2385	4054		allocation for the charter school shall be adjusted using the first
2386	4055		quarter weighted average daily membership for the charter school
2387	4056		calculated pursuant to subsection A of this section.
2388		-
2389	4057		2. C. For the purpose of calculating weighted average daily
2390	4058		membership pursuant to Section 18-201.1 of this title and State Aid
2391	4059		pursuant to Section 18-200.1 of this title, the weighted average
2392	4060		daily membership for the first year of operation and each year
2393	4061		thereafter of a charter school or full-time statewide virtual
	4062	+
	4063	+	Req. No. 2245 Page 81 1
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	4065	+	3
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	4067	+	5
	4068	+	6
	4069	+	7
	4070	+	8
	4071	+	9
	4072	+	10
	4073	+	11
	4074	+	12
	4075	+	13
	4076	+	14
	4077	+	15
	4078	+	16
	4079	+	17
	4080	+	18
	4081	+	19
	4082	+	20
	4083	+	21
	4084	+	22
	4085	+	23
	4086	+	24
	4087	+
2394	4088		charter school sponsored by the Statewide Virtual Charter School
2395	4089		Board shall be determined by multiplying the actual enrollme nt of
2396	4090		students as of August 1 by 1.333. The full-time charter school or
2397	4091		virtual charter school shall receive revenue equal to that which
2398	4092		would be generated by the estimated weighted average daily
2399	4093		membership calculated pursuant to this paragr aph. At midyear, the
2400	4094		allocation for the full-time statewide charter school or virtual
2401	4095		charter school shall be adjusted using the first quarter weighted
2402	4096		average daily membership for the charter school or virtual charter
2403	4097		school calculated pursuant to subsection A of this section.
2404		-
2405	4098		C. D. Except as explicitly authorized by state law, a charter
2406	4099		school or virtual charter school shall not be eligible to receive
2407	4100		state-dedicated, local, or county revenue; provided, a charter
2408	4101		school or virtual charter school may be eligible to receive any
2409	4102		other aid, grants, or revenues allowed to oth er schools. A charter
2410		-
2411		-	ENR. S. B. NO. 516 Page 56
2412	4103		school or virtual charter sc hool shall be considered a local
2413	4104		education agency for purposes of funding.
2414		-
2415	4105		D. E. Any unexpended funds received by a charter school or
2416	4106		virtual charter school may be reserved and used for future purposes.
2417	4107		The governing body board of a charter school or virtual charter
2418	4108		school shall not levy taxes or issue bonds. If otherwise allowed by
2419	4109		law, the governing body board of a charter school or virtual charter
2420	4110		school may enter into private cont racts for the purposes of
2421	4111		borrowing money from lenders. If the governing body board of the
	4112	+
	4113	+	Req. No. 2245 Page 82 1
	4114	+	2
	4115	+	3
	4116	+	4
	4117	+	5
	4118	+	6
	4119	+	7
	4120	+	8
	4121	+	9
	4122	+	10
	4123	+	11
	4124	+	12
	4125	+	13
	4126	+	14
	4127	+	15
	4128	+	16
	4129	+	17
	4130	+	18
	4131	+	19
	4132	+	20
	4133	+	21
	4134	+	22
	4135	+	23
	4136	+	24
	4137	+
2422	4138		charter school or virtual charter school borrows money, the charter
2423	4139		school or virtual charter school shall be solely respons ible for
2424	4140		repaying the debt, and the state or the sponsor sha ll not in any way
2425	4141		be responsible or obligated to repay the debt.
2426		-
2427	4142		E. F. Any charter school or virtual charter school which
2428	4143		chooses to lease property shall be eligible to rece ive current
2429	4144		government lease rates.
2430		-
2431	4145		F. G. Except as otherwise provided in this subsection, each
2432	4146		charter school shall pay to the Charter School Closure Reimbursement
2433	4147		Revolving Fund created in subsection G H of this section an amount
2434	4148		equal to Five Dollars ($5.0 0) per student based on average daily
2435	4149		membership, as defined by paragraph 2 of Section 18-107 of this
2436	4150		title, during the first nine (9) weeks of the school year. Each
2437	4151		charter school shall complete the payment every school year within
2438	4152		thirty (30) days after the first nine (9) weeks of the school year.
2439	4153		If the Charter School Closure Reimbursement Revolving Fund has a
2440	4154		balance of One Million Dollars ($1,000,000.00) or more on July 1, no
2441	4155		payment shall be required the following school year.
2442		-
2443	4156		G. H. There is hereby created in the State Treasury a revolving
2444	4157		fund for the State Department of Education Statewide Charter School
2445	4158		Board to be designated the “Charter School Closure Reimbursement
2446	4159		Revolving Fund”. The fund shall be a cont inuing fund, not subject
2447	4160		to fiscal year limitations, and shall consist of all monies received
2448	4161		by the State Department of Education Statewide Charter School Board
	4162	+
	4163	+	Req. No. 2245 Page 83 1
	4164	+	2
	4165	+	3
	4166	+	4
	4167	+	5
	4168	+	6
	4169	+	7
	4170	+	8
	4171	+	9
	4172	+	10
	4173	+	11
	4174	+	12
	4175	+	13
	4176	+	14
	4177	+	15
	4178	+	16
	4179	+	17
	4180	+	18
	4181	+	19
	4182	+	20
	4183	+	21
	4184	+	22
	4185	+	23
	4186	+	24
	4187	+
2449	4188		from charter schools as provided in subsection F G of this section.
2450	4189		All monies accruing to the credit of said the fund are hereby
2451	4190		appropriated and may be budgeted and expended by the State
2452	4191		Department of Education Statewide Charter School Board for the
2453	4192		purpose of reimbursing charter school sponsors for costs paying for
2454		-
2455		-	ENR. S. B. NO. 516 Page 57
2456	4193		expenditures incurred due to the closure of a charter s chool.
2457	4194		Expenditures from said the fund shall be made upon warrants issued
2458	4195		by the State Treasurer against claims filed as prescribed by law
2459	4196		with the Director of the Office of Management and Enterprise
2460	4197		Services for approval and payment. The State Department of
2461	4198		Education may promulgate rules regarding sponsor eligibility for
2462	4199		reimbursement.
2463		-
2464	4200		SECTION 12. AMENDATORY 70 O.S. 2021, Section 3-143, is
2465	4201		amended to read as follows:
2466		-
2467	4202		Section 3-143. The State Board of Education Statewide Charter
2468	4203		School Board shall issue an annual report to the Legislature and the
2469	4204		Governor outlining the status of charter schools and virtual charter
2470	4205		schools in the state. Each charter school and virtual charter
2471	4206		school shall annually file a report with the Office of
2472	4207		Accountability. The report Statewide Charter School Board that
2473	4208		shall include such information as requested by the Office of
2474	4209		Accountability, Board including but not limited to information on
2475	4210		enrollment, testing, curriculum, finances, and employees.
2476	4211
	4212	+	Req. No. 2245 Page 84 1
	4213	+	2
	4214	+	3
	4215	+	4
	4216	+	5
	4217	+	6
	4218	+	7
	4219	+	8
	4220	+	9
	4221	+	10
	4222	+	11
	4223	+	12
	4224	+	13
	4225	+	14
	4226	+	15
	4227	+	16
	4228	+	17
	4229	+	18
	4230	+	19
	4231	+	20
	4232	+	21
	4233	+	22
	4234	+	23
	4235	+	24
	4236	+
2477	4237		SECTION 13. AMENDATORY 70 O.S. 2021, Section 3 -144, is
2478	4238		amended to read as follows:
2479		-
2480	4239		Section 3-144. A. There is hereby created in the State
2481	4240		Treasury a fund to be designated the “Charter Schools Incentive
2482	4241		Fund”. The fund shall be a continuing fund, not subject t o fiscal
2483	4242		year limitations, and shall consist of all monies appropriated by
2484	4243		the Legislature, gifts, grants, devises, and donations from any
2485	4244		public or private source. The State Department of Education
2486	4245		Statewide Charter School Board shall administer the fund for the
2487	4246		purpose of providing financial support to charter school and virtual
2488	4247		charter school applicants and charter schools and virtual charter
2489	4248		schools for start-up costs and costs associated with renovating or
2490	4249		remodeling existing buildings and structures for use by a charter
2491	4250		school. The State Department of Education Statewide Charter School
2492	4251		Board is authorized to allocate funds on a per-pupil basis for
2493	4252		purposes of providing matching funds for the federal State Charter
2494	4253		School Facilities Incentive Grants Pr ogram created pursuant to the
2495	4254		No Child Left Behind Act, 20 USCA, Section 7221d.
2496		-
2497		-
2498		-	ENR. S. B. NO. 516 Page 58
2499	4255		B. The State Board of Education Statewide Charter School Board
2500	4256		shall adopt rules to implement the provisions of this section,
2501	4257		including application and notification requiremen ts.
2502		-
2503	4258		SECTION 14. AMENDATORY 70 O.S. 2021, Section 3-145.5, as
2504	4259		amended by Section 2, Chapter 1 53, O.S.L. 2022 (70 O.S. Supp. 2022,
2505	4260		Section 3-145.5), is amended to read as follows:
	4261	+
	4262	+	Req. No. 2245 Page 85 1
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	4264	+	3
	4265	+	4
	4266	+	5
	4267	+	6
	4268	+	7
	4269	+	8
	4270	+	9
	4271	+	10
	4272	+	11
	4273	+	12
	4274	+	13
	4275	+	14
	4276	+	15
	4277	+	16
	4278	+	17
	4279	+	18
	4280	+	19
	4281	+	20
	4282	+	21
	4283	+	22
	4284	+	23
	4285	+	24
2506	4286
2507	4287		Section 3-145.5. A. Notwithstanding any other provision of
2508	4288		law, beginning July 1, 2014, no school district shall enter into a
2509	4289		virtual charter school contract with a pro vider to provide full-time
2510	4290		virtual education to students who do not reside within the sch ool
2511	4291		district boundaries.
2512		-
2513	4292		B. Effective July 1, 2014, the Sta tewide Virtual Charter School
2514	4293		Board shall succeed to any contractual rights and responsibilities
2515	4294		incurred by a school district in a virtual charter school contract
2516	4295		executed prior to January 1, 201 4, with a provider to provide full -
2517	4296		time virtual education to students who do not reside within the
2518	4297		school district boundaries. All property, equipment, supplies,
2519	4298		records, assets, current and future liability, encumbrances,
2520	4299		obligations, and indebtedness associated with the contract shall be
2521	4300		transferred to the State wide Virtual Charter School Board.
2522	4301		Appropriate conveyances and other documents shall be executed to
2523	4302		effectuate the transfer of any property associated with the
2524	4303		contract. Upon succession of the contract, the Board shall assume
2525	4304		sponsorship of the virtual c harter school for the remainder of the
2526	4305		term of the contract. Prior to the end of the current term of the
2527	4306		contract, the Board shall allow the provider of the virtual charter
2528	4307		school to apply for re newal of the contract with the Boar d in
2529	4308		accordance with the renewal procedures established pursuant to
2530	4309		Section 3-145.3 of this title.
2531	4310
	4311	+	Req. No. 2245 Page 86 1
	4312	+	2
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	4314	+	4
	4315	+	5
	4316	+	6
	4317	+	7
	4318	+	8
	4319	+	9
	4320	+	10
	4321	+	11
	4322	+	12
	4323	+	13
	4324	+	14
	4325	+	15
	4326	+	16
	4327	+	17
	4328	+	18
	4329	+	19
	4330	+	20
	4331	+	21
	4332	+	22
	4333	+	23
	4334	+	24
	4335	+
2532	4336		SECTION 15. AMENDATORY 70 O.S. 2021, Section 3-145.7, is
2533	4337		amended to read as follows:
2534		-
2535	4338		Section 3-145.7. There A. Until July 1, 2024, there is hereby
2536	4339		created in the State Treasury a revolving fund for the Statewide
2537	4340		Virtual Charter School Board to be designated the “Statewide Virtual
2538	4341		Charter School Board Revolving Fund”. The fund shall be a
2539	4342		continuing fund, not subject to fiscal year limitations, and shall
2540	4343		consist of all monies received by the Statewide Virtual Charter
2541		-
2542		-	ENR. S. B. NO. 516 Page 59
2543	4344		School Board from State Aid pursuant to Section 3-145.3 of Title 70
2544	4345		of the Oklahoma Statutes this title or any other state
2545	4346		appropriation. All monies accruing to the credit of the fu nd are
2546	4347		hereby appropriated and ma y be budgeted and expended by the
2547	4348		Statewide Virtual Charter School Board for the purpose of supporting
2548	4349		the mission of the Statewide Virtual Charter School Board.
2549	4350		Expenditures from the fund shall be made upon warrants issued by the
2550	4351		State Treasurer against claims filed as prescribed by law with the
2551	4352		Director of the Office of Management and Enterprise Services for
2552	4353		approval and payment.
2553		-
2554	4354		B. On July 1, 2024, the Statewide Virtual Charter School Board
2555	4355		shall transfer any unencumber ed funds in the Statewide Virtual
2556	4356		Charter School Board Revolving Fund to the Statewide Charter School
2557	4357		Board Revolving Fund created pursuant to Section 3 of this act. Any
2558	4358		funds which are unexpended on January 1, 2025, shall be transferred
2559	4359		to the Statewide Charter School Board R evolving Fund.
2560	4360
	4361	+	Req. No. 2245 Page 87 1
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	4365	+	5
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	4367	+	7
	4368	+	8
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	4370	+	10
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	4383	+	23
	4384	+	24
	4385	+
2561	4386		SECTION 16. AMENDATORY 70 O.S. 2021, Section 3-145.8, is
2562	4387		amended to read as follows:
2563		-
2564	4388		Section 3-145.8. A. It shall be the duty of each virtual
2565	4389		charter school approved and sponsored by the Statewide Virtual
2566	4390		School Board pursuant to the provisions of Section 3-145.3 of Title
2567	4391		70 of the Oklahoma Statutes Statewide Charter School Board to keep a
2568	4392		full and complete record of the attendance of all students enrolled
2569	4393		in the virtual charter school in one of the student information
2570	4394		systems approved by the State Department of Education and locally
2571	4395		selected by the virtual school from the approved list.
2572		-
2573	4396		B. By July 1, 2020, the governing body board of each virtual
2574	4397		charter school shall adopt an attendance policy. The policy may
2575	4398		allow attendance to be a proportional amount of the required
2576	4399		attendance policy provisions based upon the date of enrollment of
2577	4400		the student. The attendance policy shall include the following
2578	4401		provisions:
2579		-
2580	4402		1. The first date of attendance and membership shall be the
2581	4403		first date the student comple tes an instructional activity.
2582		-
2583	4404		2. A student who attends a virtual charter school shall be
2584	4405		considered in attendance for a quarter if the student:
2585		-
2586		-	ENR. S. B. NO. 516 Page 60
2587		-
2588	4406		a. completes instructional activities on no less than
2589	4407		ninety percent (90%) of the days within the quarter,
	4408	+
	4409	+	Req. No. 2245 Page 88 1
	4410	+	2
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	4412	+	4
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	4418	+	10
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	4420	+	12
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	4425	+	17
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	4428	+	20
	4429	+	21
	4430	+	22
	4431	+	23
	4432	+	24
2590	4433
2591	4434		b. is on pace for on-time completion of the course as
2592	4435		defined by the governing board of the virtual charter
2593	4436		school, or
2594		-
2595	4437		c. completes no less than seventy-two instructional
2596	4438		activities within the quarter of the academic year.
2597		-
2598	4439		3. For a student who does not meet any of the criteria set
2599	4440		forth in paragraph 1 or 2 of this subsection, the amount of
2600	4441		attendance recorded shall be the greater of:
2601		-
2602	4442		a. the number of school days during which the student
2603	4443		completed the instructional activities during the
2604	4444		quarter,
2605		-
2606	4445		b. the number of school days proportional to the
2607	4446		percentage of the course that has been completed, or
2608		-
2609	4447		c. the number of school days proportional to the
2610	4448		percentage of the required minimum number of completed
2611	4449		instructional activities during the quarter.
2612		-
2613	4450		C. For the purposes of this section, “instructional activities”
2614	4451		shall include instructional meetings with a teacher, completed
2615	4452		assignments that are used to record a grade for a student that is
2616	4453		factored into the student’s grade for the semester during which the
2617	4454		assignment is completed, testing and, school-sanctioned field trips,
2618	4455		and orientation.
2619		-
2620	4456		D. Each statewide virtual charter school approved and sponsored
2621	4457		by the Statewide Virtual Charter School Board pursuant to the
	4458	+
	4459	+	Req. No. 2245 Page 89 1
	4460	+	2
	4461	+	3
	4462	+	4
	4463	+	5
	4464	+	6
	4465	+	7
	4466	+	8
	4467	+	9
	4468	+	10
	4469	+	11
	4470	+	12
	4471	+	13
	4472	+	14
	4473	+	15
	4474	+	16
	4475	+	17
	4476	+	18
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	4478	+	20
	4479	+	21
	4480	+	22
	4481	+	23
	4482	+	24
	4483	+
2622	4484		provisions of Section 3-145.3 of this title Statewide Charter School
2623	4485		Board shall offer a student orientation, notify the parent or legal
2624	4486		guardian and each student who enrolls in that school of the
2625	4487		requirement to participate in the student orientation, and require
2626	4488		all students enrolled to complete the student or ientation prior to
2627	4489		completing any other instructional activity. The Statewide Virtual
2628		-
2629		-	ENR. S. B. NO. 516 Page 61
2630	4490		Charter School Board Statewide Charter School Board shall promulgate
2631	4491		rules to develop materials for orientation.
2632		-
2633	4492		E. Any student that is behind pace and does not complet e an
2634	4493		instructional activity for a fifteen-school-day period shall be
2635	4494		withdrawn for truancy. The virtual charter school shall submit a
2636	4495		notification to the parent or legal guardian of a student who has
2637	4496		been withdrawn for truancy or is approaching truancy.
2638		-
2639	4497		F. A student who is reported for truancy two times in the same
2640	4498		school year shall be withdrawn and prohibited from enrolling in the
2641	4499		same virtual charter school for the remainder of the school year.
2642		-
2643	4500		G. The governing body board of each statewide virtual char ter
2644	4501		school shall develop, adopt, and post on the school’s website a
2645	4502		policy regarding consequences for a student’s failure to attend
2646	4503		school and complete instructional activities. The policy shall
2647	4504		state, at a minimum, that if a student fails to consistently attend
2648	4505		school and complete instructional activities after receiving a
2649	4506		notification pursuant to subsection E of this section and reasonable
2650	4507		intervention strategies have been implemented, a student shall be
	4508	+
	4509	+	Req. No. 2245 Page 90 1
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	4511	+	3
	4512	+	4
	4513	+	5
	4514	+	6
	4515	+	7
	4516	+	8
	4517	+	9
	4518	+	10
	4519	+	11
	4520	+	12
	4521	+	13
	4522	+	14
	4523	+	15
	4524	+	16
	4525	+	17
	4526	+	18
	4527	+	19
	4528	+	20
	4529	+	21
	4530	+	22
	4531	+	23
	4532	+	24
	4533	+
2651	4534		subject to certain consequences including withdraw al from the school
2652	4535		for truancy.
2653		-
2654	4536		H. If a statewide virtual charter school withdraws a student
2655	4537		pursuant to subsections F and G of this section, the virtual charter
2656	4538		school shall immediately notify the student’s resident district in
2657	4539		writing of the student ’s disenrollment.
2658		-
2659	4540		I. The provisions of subsections F, G and H of this section
2660	4541		shall not be in effect until the implementation of subsection H of
2661	4542		Section 3-145.3 of this title.
2662		-
2663	4543		J. The Statewide Virtual Charter School Board Statewide Charter
2664	4544		School Board may promulgate rules to implement the provisions of
2665	4545		this section.
2666		-
2667	4546		SECTION 17. NEW LAW A new section of law to be codified
2668	4547		in the Oklahoma Statutes as Section 3-145.9 of Title 70, unless
2669	4548		there is created a duplication in numbering, re ads as follows:
2670		-
2671		-
2672		-	ENR. S. B. NO. 516 Page 62
2673	4549		Beginning with the 2024-2025 school year, members of a charter
2674	4550		school sponsor governing board shall designate a representative from
2675	4551		the board to complete an annual sponsor workshop requirement
2676	4552		provided by the Statewide Charter School Board . The sponsor
2677	4553		workshop shall include, but not be limited to, informat ion regarding
2678	4554		the Oklahoma Charter Schools Act, charter school governance,
2679	4555		Internal Revenue Service rules for nonprofits , and school finance
2680	4556		laws.
2681	4557
	4558	+	Req. No. 2245 Page 91 1
	4559	+	2
	4560	+	3
	4561	+	4
	4562	+	5
	4563	+	6
	4564	+	7
	4565	+	8
	4566	+	9
	4567	+	10
	4568	+	11
	4569	+	12
	4570	+	13
	4571	+	14
	4572	+	15
	4573	+	16
	4574	+	17
	4575	+	18
	4576	+	19
	4577	+	20
	4578	+	21
	4579	+	22
	4580	+	23
	4581	+	24
	4582	+
2682	4583		SECTION 18. AMENDATORY 70 O.S. 2021, Section 5-200, is
2683	4584		amended to read as follows:
2684		-
2685	4585		Section 5-200. A. As used in this section, “educational
2686	4586		management organization” means a for-profit or nonprofit
2687	4587		organization that receives public funds to provide administration
2688	4588		and management services for a charter school, statewide virtual
2689	4589		charter school, or traditional public school.
2690		-
2691	4590		B. A charter school, virtual charter school, or public school
2692	4591		that contracts with an educational management organizati on shall use
2693	4592		the Oklahoma Cost Accounting System (OCAS) to report the total
2694	4593		amount paid to an educational management organization pursuant to
2695	4594		the terms of the contract as well as actual itemized expenditure
2696	4595		information for the goods or services provided by the management
2697	4596		organization as defined by OCAS expenditure codes, including the
2698	4597		total compensation package of the superintendent including the base
2699	4598		salary, insurance, retirement, and other fringe benefits.
2700		-
2701	4599		C. Any Pursuant to Internal Revenue Service guidelines, any
2702	4600		owner of an educational management organization shall be required to
2703	4601		disclose to the governing board of the school, charter school, or
2704	4602		virtual charter school in a public meeting any ownership position in
2705	4603		any business that contracts or proposes to contract with the same
2706	4604		public school that the educational management organization is
2707	4605		managing.
2708	4606
	4607	+	Req. No. 2245 Page 92 1
	4608	+	2
	4609	+	3
	4610	+	4
	4611	+	5
	4612	+	6
	4613	+	7
	4614	+	8
	4615	+	9
	4616	+	10
	4617	+	11
	4618	+	12
	4619	+	13
	4620	+	14
	4621	+	15
	4622	+	16
	4623	+	17
	4624	+	18
	4625	+	19
	4626	+	20
	4627	+	21
	4628	+	22
	4629	+	23
	4630	+	24
	4631	+
2709	4632		D. Whenever any person shall enter into a contract with any
2710	4633		school district or, public charter school, or virtual charter school
2711	4634		in the state to teach in such the school district or public charter
2712	4635		school, the contract shall be binding on the teacher and on the
2713	4636		board of education until the teacher legally has been discharged
2714	4637		from the teaching position or released by the board of education
2715		-
2716		-	ENR. S. B. NO. 516 Page 63
2717	4638		from the contract. Except as provided in Section 5-106A of Title 70
2718	4639		of the Oklahoma Statutes this title, until such the teacher has been
2719	4640		thus discharged or released, the teacher shall not have authority to
2720	4641		enter into a contract with any other board of education i n Oklahoma
2721	4642		this state for the same time covered by the original contract. If
2722	4643		upon written complaint by the board of education in of a school
2723	4644		district, public charter school, or virtual charter school any
2724	4645		teacher is reported to have fai led to obey the terms of the contract
2725	4646		previously made and to hav e entered into a contract with another
2726	4647		board of education, including a public charter school board of
2727	4648		education, without having been released from the former contract
2728	4649		except as provided in Sec tion 5-106A of Title 70 of the Oklahoma
2729	4650		Statutes this title, the teacher, upon being found to be employed
2730	4651		full-time for another public school, including a public charter
2731	4652		school in the state, at a hearing held before the State Board of
2732	4653		Education, shall have such teacher’s certificate suspended for the
2733	4654		remainder of the term for which the contract was made.
2734	4655
	4656	+	Req. No. 2245 Page 93 1
	4657	+	2
	4658	+	3
	4659	+	4
	4660	+	5
	4661	+	6
	4662	+	7
	4663	+	8
	4664	+	9
	4665	+	10
	4666	+	11
	4667	+	12
	4668	+	13
	4669	+	14
	4670	+	15
	4671	+	16
	4672	+	17
	4673	+	18
	4674	+	19
	4675	+	20
	4676	+	21
	4677	+	22
	4678	+	23
	4679	+	24
	4680	+
2735	4681		SECTION 19. AMENDATORY 70 O.S. 2021, Section 18-124, is
2736	4682		amended to read as follows:
2737		-
2738	4683		Section 18-124. A. Any school district with an average daily
2739	4684		attendance (ADA) of more than one thousand five hundred (1,500)
2740	4685		students for the preceding year which expends for administrative
2741	4686		services in the 2005-06 school year or any school year thereafter,
2742	4687		less expenditures for legal services, more than five percent (5%) of
2743	4688		the amount it expends for total expend itures, less expenditures for
2744	4689		legal services, shall have the amount which exceeds the five percent
2745	4690		(5%) withheld the following year from the Foundation and Salary
2746	4691		Incentive Aid for the school district.
2747		-
2748	4692		B. Any school distric t with an average daily attendan ce (ADA)
2749	4693		of more than five hundred (500) students but not more than one
2750	4694		thousand five hundred (1,500) students for the preceding year which
2751	4695		expends for administrative services in the 2005-06 school year or
2752	4696		any school year thereafter, less expenditures for legal services,
2753	4697		more than seven percent (7%) of the amount it expends for total
2754	4698		expenditures, less expenditures for legal services, shall have the
2755	4699		amount which exceeds the seven percent (7%) withheld the following
2756	4700		year from the Foundation and Salary Incent ive Aid for the school
2757	4701		district.
2758		-
2759		-
2760		-	ENR. S. B. NO. 516 Page 64
2761	4702		C. Any school district with an average daily attendance (ADA)
2762	4703		of five hundred (500) or fewer students for the preceding year which
2763	4704		expends for administrative services in the 2005-06 school year or
	4705	+
	4706	+	Req. No. 2245 Page 94 1
	4707	+	2
	4708	+	3
	4709	+	4
	4710	+	5
	4711	+	6
	4712	+	7
	4713	+	8
	4714	+	9
	4715	+	10
	4716	+	11
	4717	+	12
	4718	+	13
	4719	+	14
	4720	+	15
	4721	+	16
	4722	+	17
	4723	+	18
	4724	+	19
	4725	+	20
	4726	+	21
	4727	+	22
	4728	+	23
	4729	+	24
	4730	+
2764	4731		any school year thereafte r, less expenditures for legal services,
2765	4732		more than eight percent (8%) of the amount it expends for total
2766	4733		expenditures, less expenditures for legal services, shall have the
2767	4734		amount which exceeds the eight percent (8%) withheld the following
2768	4735		year from the Foundation and Salary Incentive Aid for the school
2769	4736		district.
2770		-
2771	4737		D. The provisions of this section shall apply to school
2772	4738		districts, charter schools, and virtual charter schools which
2773	4739		contract with an educational manag ement organization as defined in
2774	4740		Section 5-200 of this title. The expenditure limits shall not
2775	4741		exceed the percentages prescribed in subsections A, B, and C of this
2776	4742		section, and the calculation of administrative services for schools
2777	4743		which contract with an educational management organizat ion shall be
2778	4744		the combined amount of administrative services expended by the
2779	4745		school and the educational management organization.
2780		-
2781	4746		E. For purposes of this section, “administrative services”
2782	4747		means costs associated with:
2783		-
2784	4748		1. Staff for the board of education;
2785		-
2786	4749		2. The secretary/clerk for the b oard of education;
2787		-
2788	4750		3. Staff relations;
2789		-
2790	4751		4. Negotiations staff;
2791		-
2792	4752		5. Immediate staff of the superintendent, any elementary
2793	4753		superintendent, or any assistant superintendent;
2794	4754
	4755	+	Req. No. 2245 Page 95 1
	4756	+	2
	4757	+	3
	4758	+	4
	4759	+	5
	4760	+	6
	4761	+	7
	4762	+	8
	4763	+	9
	4764	+	10
	4765	+	11
	4766	+	12
	4767	+	13
	4768	+	14
	4769	+	15
	4770	+	16
	4771	+	17
	4772	+	18
	4773	+	19
	4774	+	20
	4775	+	21
	4776	+	22
	4777	+	23
	4778	+	24
	4779	+
2795	4780		6. Any superintendent , elementary superintendent, or assistant
2796	4781		superintendent;
2797		-
2798	4782		7. Any employee of a school district employed as a director,
2799	4783		coordinator, supervisor, or who has responsibility for
2800	4784		administrative functions of a school district; and
2801		-
2802	4785		8. Any consultant hired by th e school district; and
2803		-
2804		-	ENR. S. B. NO. 516 Page 65
2805		-
2806	4786		9. Administrative services paid to an ed ucational management
2807	4787		organization as defined in Section 5-200 of this title.
2808		-
2809	4788		E. F. If an employee of a school district is employed in a
2810	4789		position where part of the employee’s time is spent as an
2811	4790		administrator and part of the time is spent in nonadministrative
2812	4791		functions, the percentage of time spent as an administrator shall be
2813	4792		included as administrative services. A superintendent who spends
2814	4793		part of the time performing exempted nonadministrativ e services such
2815	4794		as teaching in the classroom, serving as a principal, counselor, or
2816	4795		library media specialist, can code up to forty percent (40%) of
2817	4796		their salary to other nonadministrative functions. The total amount
2818	4797		of time a superintendent of a school di strict spends performing
2819	4798		services for a school district shall be included as administrative
2820	4799		services even if part of the time the superintendent is performing
2821	4800		nonexempted nonadministrative service functions. The total amount
2822	4801		received by a superintendent from the school district as salary, for
2823	4802		the performance of administrative and nonexempted nonadministrative
	4803	+
	4804	+	Req. No. 2245 Page 96 1
	4805	+	2
	4806	+	3
	4807	+	4
	4808	+	5
	4809	+	6
	4810	+	7
	4811	+	8
	4812	+	9
	4813	+	10
	4814	+	11
	4815	+	12
	4816	+	13
	4817	+	14
	4818	+	15
	4819	+	16
	4820	+	17
	4821	+	18
	4822	+	19
	4823	+	20
	4824	+	21
	4825	+	22
	4826	+	23
	4827	+	24
	4828	+
2824	4829		services, shall be recorded under the code for superintendent salary
2825	4830		as provided for in the Oklahoma Cost Accounting System.
2826		-
2827	4831		F. G. Each school site within a school district shall t ake
2828	4832		steps to ensure that the administrative costs for the school comply
2829	4833		with the expenditure limits established for school districts in this
2830	4834		section.
2831		-
2832	4835		G. H. Funds withheld pursuant to the provisions of this section
2833	4836		shall be distributed through the State Ai d formula to the districts
2834	4837		not so penalized.
2835		-
2836	4838		H. I. For the 2003-04 and 2004-05 school year, school districts
2837	4839		shall report to the State Department of Education the costs
2838	4840		associated with administrative services for the school district as
2839	4841		defined in subsection D E of this section.
2840		-
2841	4842		SECTION 20. AMENDATORY 70 O.S. 2021, Section 1210.704,
2842	4843		is amended to read as follows:
2843		-
2844	4844		Section 1210.704. A. Beginning with the 2024–2025 school year,
2845	4845		all public high schools in this state shall make a minimum of four
2846	4846		advanced placement courses available to students.
2847		-
2848		-	ENR. S. B. NO. 516 Page 66
2849		-
2850	4847		B. Local School district boards of education in each district
2851	4848		shall be responsible for ensuring annually that all high school
2852	4849		students have access to advanced place ment courses beginning in the
2853	4850		2024-2025 school year. Such access may be provided through
2854	4851		enrollment in courses offered through:
2855		-
2856	4852		1. A school site or sites within the district;
	4853	+
	4854	+	Req. No. 2245 Page 97 1
	4855	+	2
	4856	+	3
	4857	+	4
	4858	+	5
	4859	+	6
	4860	+	7
	4861	+	8
	4862	+	9
	4863	+	10
	4864	+	11
	4865	+	12
	4866	+	13
	4867	+	14
	4868	+	15
	4869	+	16
	4870	+	17
	4871	+	18
	4872	+	19
	4873	+	20
	4874	+	21
	4875	+	22
	4876	+	23
	4877	+	24
2857	4878
2858	4879		2. A career and technology institution technology center school
2859	4880		within the district;
2860		-
2861	4881		3. A An online learning program offered by the Statewide
2862	4882		Virtual Charter School Board Statewide Charter School Board or one
2863	4883		of its vendors; or
2864		-
2865	4884		4. A school site or sites in another school district.
2866		-
2867	4885		C. The Statewide Virtual Charter School Board Statewide Charter
2868	4886		School Board shall maintain an online learning platform to provide
2869	4887		high quality online learning opportunities for Oklahoma students
2870	4888		that are aligned with the subject matter standards adopted by the
2871	4889		State Board of Education pursuant to Sectio n 11-103.6 of Title 70 of
2872	4890		the Oklahoma Statutes this title. The Board shall implement online
2873	4891		courses, with an emphasis on science, technology, engineering, and
2874	4892		math (STEM) courses, foreign language courses, and advanced
2875	4893		placement courses. The online plat form shall be available to all
2876	4894		Oklahoma school districts.
2877		-
2878	4895		D. The State Department of Education shall provide information
2879	4896		to all local boards of education, to be distributed to their
2880	4897		students and parents, on available opportunities and the enrollment
2881	4898		process for students to take advanced placement cour ses. The
2882	4899		information shall explain the value of advanced placement courses in
2883	4900		preparing students for postsecondary-level coursework, enabling
2884	4901		students to gain access to postsecondary opportunities, and
2885	4902		qualifying for scholarships and other financial aid o pportunities.
2886	4903
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2887	4929		E. The State Department of Education shall retain records of
2888	4930		which options outlined in subsection B of this section local boards
2889	4931		of education selected for their students and make the information
2890	4932		available on the Department’s website.
2891		-
2892		-	ENR. S. B. NO. 516 Page 67
2893		-
2894	4933		F. As used in this section, “advanced placement course” shall
2895	4934		have the same meaning as provided in paragraph 1 of Section 1210.702
2896	4935		of Title 70 of the Oklahoma Statutes this title.
2897		-
2898	4936		SECTION 21. NEW LAW A new section of law to be codified
2899	4937		in the Oklahoma Statutes as Section 3-145.10 of Title 70, unless
2900	4938		there is created a duplication in numb ering, reads as follows:
2901		-
2902	4939		The provisions of the Oklahoma Charter Schools Act are severable
2903	4940		and if any part or provision shall be held void , the decision of the
2904	4941		court so holding shall no t affect or impair any of the remaining
2905	4942		parts or provisions of the Oklahoma Charter Schools Act.
2906		-
2907	4943		SECTION 22. REPEALER 70 O.S. 2021, Sections 3-135, 3-
2908	4944		145.1, 3-145.2, 3-145.3, and 3-145.4, are hereby repealed.
2909		-
2910	4945		SECTION 23. Sections 1, 2, 3, and 21 of this act shall become
2911	4946		effective September 1, 2023.
2912		-
2913	4947		SECTION 24. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
2914	4948		16, 17, 18, 19, 20, and 22 of this act shall become effective July
2915	4949		1, 2024.
2916	4950
2917		-
2918		-	ENR. S. B. NO. 516 Page 68
2919		-	Passed the Senate the 25th day of May, 2023.
2920		-
2921		-
2922		-
2923		-	Presiding Officer of the Senate
2924		-
2925		-
2926		-	Passed the House of Representatives the 25th day of May, 2023.
2927		-
2928		-
2929		-
2930		-	Presiding Officer of the House
2931		-	of Representatives
2932		-
2933		-	OFFICE OF THE GOVERNOR
2934		-	Received by the Office of the Governor this _______ _____________
2935		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
2936		-	By: _______________________________ __
2937		-	Approved by the Governor of the State of Oklahoma this _____ ____
2938		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
2939		-
2940		-	_________________________________
2941		-	Governor of the State of Oklahoma
2942		-
2943		-
2944		-	OFFICE OF THE SECRETARY OF STATE
2945		-	Received by the Office of the Secretary of State this _______ ___
2946		-	day of __________________, 20 _______, at _______ o'clock _______ M.
2947		-	By: _________________________________
	4951	+	59-1-2245 EB 5/23/2023 4:18:27 PM