An Act
ENROLLED SENATE
BILL NO. 516 By: Pugh and Brooks of the
Senate
and
Echols of the House
An Act relating to charter schools; creating the
Statewide Charter School Board; providi ng authority
of board beginning on certain date; pr oviding for
membership; requiring initial appointments by certain
date; providing terms of members; providing for
annual election of chair and vice chair ; providing
for removal of members ; providing for filling of
vacancies; prohibiting certain legislators from
serving as members; providing for travel
reimbursement; requiring first mee ting to be held by
certain date; providing f or frequency of meetings;
specifying quorum requirements; requiring virtual
charter schools to only be sponsored by the Statewide
Charter School Board beginning on certain date;
abolishing the Statewide Virtual Charter School Board
upon certain date; providing for succession to
certain rights, responsibilities, and agreements
executed prior to certain date; providing for
transfer of powers, duties, personnel, property, and
other items; directing the Director of the Office of
Management and Enterprise Servic es to coordinate
certain transfers; pro viding for succession of
certain contracts; providing for virtual charter
school sponsorship contract renewal; providing for
enforceability of certain ad ministrative rules;
granting rulemaking authority; providing for
succession to certain rights, responsi bilities, and
agreements executed by the State Board of Education
prior to certain date; dir ecting Statewide Charter
School Board to assume certain sponsorships;
providing for certain sponsorship renewal; permitting
certain charter schools to apply for sponsorship
ENR. S. B. NO. 516 Page 2
renewal with the Statewide Chart er School Board;
establishing powers and duties of the Statewide
Charter School Board; reserving certain powers and
duties for the State Board of Education; defining
terms; providing for preparation of a conversion
plan; providing for contents of plan ; exempting
conversion schools from certain laws; provid ing for
funding of conversion schools; describing process for
conversion school reversion; requiring Board to make
publicly available a list of certain courses
beginning on certain date; directing the Board, in
certain conjunction, to negotiate and enter i nto
contracts with certain providers; creating the
Statewide Charter School Board Revolving Fund;
specifying sources of fund; providi ng for
expenditures; providing purpose of fund; amending 70
O.S. 2021, Section 3-104, which relates to powers and
duties of the State Board of Education; updating
statutory references; modifying reference from the
Statewide Virtual Charter School Board to the
Statewide Charter School Bo ard; amending 70 O.S.
2021, Sections 3-132, as amended by Section 1,
Chapter 222, O.S.L. 202 2 (70 O.S. Supp. 2022, Section
3-132), 3-134, as amended by Section 2, Chapter 222,
O.S.L. 2022 (70 O.S. Supp. 2022, Section 3 -134), 3-
136, 3-137, 3-139, 3-140, 3-142, 3-143, and 3-144,
which relate to implementation of the Oklahoma
Charter Schools Act; modifying eligibility of certain
entities to sponsor charter schools; updating
statutory language; exempting certain charter schools
from certain limitation; striking duplicative
language; transferring certain training duty from the
State Department of Education to the Statewide
Charter School Board ; requiring training after
certain date for certain spons ors; establishing
deadline for training development and implementation;
modifying application process and contents for
certain schools; removing references to charter
schools sponsored by certain entiti es; requiring
certain charter application to be submit ted first to
certain school district; removing certain appeals
process; prohibiting delegation of certain
ENR. S. B. NO. 516 Page 3
responsibilities to a school district without a
contract; providing for powers and duties of charter
school and virtual charter school sponsors; requiring
Statewide Charter School Board to post certain
information on its website; modifying contents of
certain written contracts beginning on certain date;
directing certain charter schools to be separate and
distinct; defining term; modifying language rega rding
employment contracts; prohibiting certain schools
from serving certain students without certain
contract; authorizing sponsor to establish certain
requirements or conditions for certain schools;
updating references; directing certain charter
schools to be included in certain bond planning
conversations; providing for increase in length of
certain charter contracts; prescribing a performanc e
report prior to the final year of a charter contract
renewal; permitting sponsor to require charter sc hool
to develop certain corrective action pl an;
authorizing nonrenewal of contract in certain cases;
removing requirement of sponsor to appear before the
State Board of Education in certain circumstances;
requiring certain school to disclose revocation or
nonrenewal in a subsequent application; including
virtual charter schools in teacher salary and hiring
provisions; updating statutory language; prescribing
geographic boundaries for virtual charter schools;
prohibiting certain students from participating in
certain activities; designating certain students as
transfer students; prescribing process for enrollment
in virtual charter school; requiring transmission of
student records within certain time period; directing
certain notification if technology infrastructure i s
inadequate; prescribing limitation of student
transfers; defining term; prohibiting additional
transfer without certain concurrence; providing a
grace period for withdrawal; requiring certain
notification; providing for transfer for students who
have a parent or guardian in the military;
prescribing process for transfe r; defining terms;
prohibiting the Statewide Charter School Board from
charging a fee for administrative or other services;
ENR. S. B. NO. 516 Page 4
specifying how sponsor fee is to be used; directing
development of certain data codes for re porting
expenditures; requiring sponsor to publish certain
report on its website and present report in certain
meeting; modifying language regarding calculation of
certain weighted average daily membership; updating
statutory language; transferring oversight authority
of the Charter School Closu re Reimbursement Revolving
Fund; reassigning duty to submit certain annual
report; modifying authority over the Charter Schools
Incentive Fund; amending 70 O.S. 2021, Section s 3-
145.5, as amended by Section 2, Chapter 153, O .S.L.
2022 (70 O.S. Supp. 2022, Section 3-145.5), 3-145.7,
and 3-145.8, which relate to virtual charter schools;
removing outdated language; granting Statewide
Virtual Charter School Board authority over certain
revolving fund until certain date; transferring funds
to certain revolving f und on certain date; updating
statutory references; requiring sponsor governing
board to designate representative to complete annual
sponsor workshop requirement; amending 70 O.S. 2021,
Section 5-200, which relates to management
organizations; updating statutory language; requiring
amounts paid to certain organizations be pursuant to
contract terms; mandating disclosure pursuant to
certain guidelines; updating statutory citations;
amending 70 O.S. 2021, Section 18 -124, which relates
to limitations on admini strative services
expenditures; providing applicability of limitation
to certain schools; clarifying calculation for
specified schools; modifying definition; amending 70
O.S. 2021, Section 1 210.704, which relates to the
provision of advanced placement courses; updating
statutory language; repealing 70 O.S. 2021, Sections
3-135, 3-145.1, 3-145.2, 3-145.3, and 3-145.4, which
relate to sponsor contract guidelines, meetings, and
rule promulgation of the Statewide Virtual Charter
School Board; providing for severability; providing
for codification; and providing effective dates.
ENR. S. B. NO. 516 Page 5
SUBJECT: Charter schools
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-132.1 of Title 70, unless
there is created a duplication in n umbering, reads as follows:
A. There is hereby created the Statewide Charter School Board.
Beginning July 1, 2024, the Board shall have the sole authority to
sponsor statewide virtual charter schools in this state and may
sponsor charter schools in this state. The Board shall be composed
of nine (9) voting members as follows:
1. Three members appointed by the Governor;
2. Two members appointed by the President Pro Tempore of the
Senate;
3. Two members appointed by the Speaker of the House of
Representatives;
4. The Superintendent of Public Instruction or his or her
designee; and
5. The State Auditor and Inspector or his or her designee.
B. Initial appointments s hall be made by October 31, 2023. The
President Pro Tempore of the Senate and the Speaker of the House of
Representatives shall each appoint one member for one (1) year and
one member for two (2) years. The Governor shall appoint one member
for one (1) year and two members for two (2) years. Members shall
serve until their successors are duly appointed for a term of three
(3) years. Appointments shall be made by and take effect on July 31
of the year in which the appointment is made. Annually by Decemb er
30 the Board shall elect from its membership a chair a nd vice chair.
C. A member may be removed from the Board by the appointing
authority for cause which shall include but not be limited to:
1. Being found guilty by a court of competent jurisdiction of a
felony or any offense involving moral turpitude;
ENR. S. B. NO. 516 Page 6
2. Being found guilty of malfeasance, misfeasance, or
nonfeasance in relation to Board duties;
3. Being found mentally incompetent by a court of competent
jurisdiction; or
4. Failing to attend three successive meetings of the Board
without just cause, as d etermined by the Board.
D. Vacancies shall be filled by the appointing authority.
E. No member of the Senate or House of Representatives may be
appointed to the Board while serving as a member of the Legislature
or for two (2) full years following the ex piration of the term of
office.
F. Members of the Statewide Charter School Board shall not
receive compensation but shall be reimbursed for nec essary travel
expenses pursuant to the provisions of the State Travel
Reimbursement Act.
G. The Statewide Charter School Board shall meet at the call of
the chair. The first meeting of the Board shall be held no later
than sixty (60) days after the effective da te of this act.
H. Five members of the Board s hall constitute a quorum, and an
affirmative vote of at l east five members shall be required for the
Board to take any final action.
I. Beginning July 1, 2024, statewide virtual charter schools
shall be sponsored only by the State wide Charter School Board
created pursuant to this section. Effective July 1, 202 4, the
Statewide Virtual Charter School Board shall be abolished and the
Statewide Charter Schoo l Board shall succeed to any contractual
rights and responsibilities and settlement agreements incurred by
the Statewide Virtual Charter School Board in a virtua l charter
school sponsorship contract executed prior to July 1, 2024.
1. All powers, duties, responsibilities, policies, personnel,
property, equipment, supplies, records, assets, funds, current and
future liabilities, encumbrances, o bligations, and indeb tedness of
ENR. S. B. NO. 516 Page 7
the Statewide Virtual Charter School Board or associated with a
virtual charter school sponsorship contract entered into by the
Statewide Virtual Charter School B oard prior to July 1, 202 4, shall
be transferred to the Statewide Charter School Bo ard. No items
shall be expended or used for any purpose other than the performance
of duties and responsibilities as directed and required in this act .
Appropriate conveyances and other documents shall be executed to
effectuate the transfer of property a ssociated with a sponsorship
contract. The Statewide Charter School Board may contract for
additional legal and administrative services as necessary t o
effectuate the trans fers provided in this subsection.
2. The Director of the Office of Management and Enterprise
Services shall coordinate the transfer of funds, allotments,
purchase orders, and outstanding financial obligations and
encumbrances relatin g to the regulation of virtual charter schools
as transferred pursuant to the provisions of this act.
3. Upon succession of sponsors hip contracts, the Statewide
Charter School Board shall assume sponsorship of the virtual charter
schools for the remainder of the term of the co ntracts. Prior to
the end of the current term of the contract, the Statewide Chart er
School Board shall allow a virtual charter school to apply for
renewal of the sponsorship contract in accordance with the renewal
procedures established pursuant to Secti on 3-137 of Title 70 of t he
Oklahoma Statutes.
4. Effective July 1, 202 4, all administrative rules promulgate d
by the Statewide Virtual Charter School Board relating to the
implementation and enforcement of the Oklahoma Charter Scho ols Act
shall be enforceable by the Statewide Charter School Board. The
rules shall continue in force an d effect and the Statewide Charter
School Board shall have authority to amend, repeal, recodify, or
make additions to the rules pursuant to the Administrative
Procedures Act.
J. Effective July 1, 2024, the Statewide Charter School Board
shall succeed to any contractual rights and responsibilities and
settlement agreements incurred by the State Board of Education in a
charter school sponsorship contract executed prior to July 1, 2024.
All property, equipment, supplies, record s, assets, funds, current
and future liabilities, encumbrances, obligations, and indebtedness
ENR. S. B. NO. 516 Page 8
associated with a charter school sponsorship contract entered into
by the State Board of Education prior to J uly 1, 2024, shall be
transferred to the Statewide Charter School Board. Appropriate
conveyances and other documents shall be executed to effectuate the
transfer of property associated with a sponsorship contract. Upon
succession of sponsorship contracts, the Statewide Charter School
Board shall assume sponsors hip of the charter schools for the
remainder of the term of the contracts. Prior to the end of the
current term of the contract, the Statewide Charter School Board
shall allow a charter school to apply for renewal of the sponsorship
contract in accordance with the renewa l procedures established
pursuant to Section 3-137 of Title 70 of the Oklahoma Statutes.
K. Beginning July 1, 2024, at the end of the current term of a
charter school sponsorship contract with a school district, an
accredited comprehensive or regiona l institution that is a member of
The Oklahoma State S ystem of Higher Education, a community college,
or a federally recognized Indian tribe, a charter school may apply
for contract renewal with the Statewide Charter School Board for
sponsorship.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-132.2 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Beginning July 1, 2024, and subject to the requirements of
the Oklahoma Charter Schools Act, the Statewide Charter School Board
shall:
1. Provide supervision, services, and oversight of the
operations of statewide virtual charter schools in this state and
charter schools for which the Statewide Charter School Board is the
sponsor, recommend legislation pertaining to charter schools to the
Legislature, and promulgate rules and policies that the Board deems
necessary to accomplish the purposes prescribed in this section;
2. Ensure compliance with state law s and training requirements
for all charter schools, virtual charter schools, and sponsors;
3. Establish a procedure for accepting, approving, and
disapproving charter school and statewide virtual charter school
applications and a process for renewal or revocation of approved
ENR. S. B. NO. 516 Page 9
charter contracts which meet the procedures set forth in the
Oklahoma Charter Schools Act;
4. Hire an Executive Director and other staff for its
operation;
5. Prepare a budget for expenditur es necessary for the proper
maintenance of the Board and accomplishment o f its purpose;
6. Comply with the requirements of the Oklahoma Open Meeting
Act and Oklahoma Open Records Act; and
7. Give priority to opening charter schools and virtual charter
schools that serve at-risk student populations or students from low-
performing traditional public s chools.
B. The State Board of Education shall be r esponsible for
accreditation of charter schools and virtual charter school s and
ensure compliance with speci al education laws and federal laws and
programs administered by the State Board of Education.
C. 1. For purposes of the Oklahoma Charter Schools Act,
“charter school” means:
a. prior to July 1, 2024, a public school established by
contract with a school district board of education, a
technology center school district , a higher education
institution, a federally recognized Indian tribe, or
the State Board of Education, and
b. on July 1, 2024, and after, a public school
established by contract with a school district board
of education, a higher education institution, an
institution of higher learni ng accredited pursuant to
Section 4103 of Title 70 of the Oklahoma Statute s, a
federally recognized Indian tribe, or the Statewide
Charter School Board,
to provide learning that will improve student achievement an d as
defined in the Elementary and Secondary Education Act of 1965, as
reauthorized by P.L. No. 114 -95, also known as the Every Student
Succeeds Act.
ENR. S. B. NO. 516 Page 10
2. A charter school may consist of a new school site, new
school sites, or all or any portion of an existing school site. An
entire school distri ct may not become a charter school site.
D. 1. For the purposes of th e Oklahoma Charter Schools Act,
“conversion school” means a school created by converting all or any
part of a traditional public school in order to access any or all
flexibilities afforded to a charter school; provided, however, all
or any part of a tradit ional public school shall not be converted to
a virtual charter school .
2. Prior to the board of education of a school district
converting all or any part of a traditional public sch ool to a
conversion school, the board shall prepare a conversion plan. The
conversion plan shall include documentation that demonstrates and
complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134
of Title 70 of the Oklahoma Statutes. The conversion plan and all
documents shall be in writing and shall be available to the public
pursuant to the requirements of the Oklahoma Open Records Act. All
votes by the board of education of a school district to approve a
conversion plan shall be held in an open public session. If the
board of education of a school district votes to approve a
conversion plan, the board shall notify the State Board of Education
within sixty (60) days after the vote. The notification shall
include a copy of the minutes for the board meeting at which the
conversion plan was approved.
3. A conversion school shall comply with all the same
accountability measures as are required of a charter school as
defined in subsection C of this section. The provisions of Sections
3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply
to a conversion school. Conversion schools shall comply with the
same laws and State Board of Education rules relating to stud ent
enrollment which apply to traditional public schools. Conversion
schools shall be funded by the board of education of the school
district as a school site within the school district and funding
shall not be affected by the conversion of the school.
4. The board of education of a school district may vote to
revert a conversion school back to a traditional public school at
ENR. S. B. NO. 516 Page 11
any time; provided, the change shall only occur during a break
between school years.
5. Unless otherwise provided for in this subsection, a
conversion school shall retain the characteristics of a traditional
public school.
E. 1. Beginning July 1, 2024, the Statewide Charter Sc hool
Board shall make publicly available a list of supplemental online
courses which have been reviewed and certified by the Board to
ensure that the courses are high-quality options and are aligned
with the subject matter standards adopted by the State Board of
Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma
Statutes. The Statewide Charter School Board shall give special
emphasis on listing supplemental online courses in science,
technology, engineering, and math (STEM), foreign language, and
advanced placement courses. School districts shall not be limited
to selecting supplemental online courses that have been reviewed and
certified by the Statewide Charter School Board and listed as
provided for in this paragraph.
2. In conjunction with the Office of Management and Enterprise
Services, the Board shall negotiate and enter into contracts with
supplemental online course providers to offer a state rate price to
school districts for supplemental online courses that have been
reviewed and certified by the Statewide Charter School Board and
listed as provided for in this subsection.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-132.3 of Title 70, unless
there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Statewide Charter School Board to be designated the
“Statewide Charter School Board Revolving Fund”. The fund shall be
a continuing fund, n ot subject to fiscal year limitations, and shall
consist of all monies received by the Statewide Charter School Board
from state appropriations. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Statewide Charter School Board for the purposes set forth in Section
2 of this act. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against clai ms filed as
ENR. S. B. NO. 516 Page 12
prescribed by law with the Director of the Office of Managemen t and
Enterprise Services for approval and payment.
SECTION 4. AMENDATORY 7 0 O.S. 2021, Section 3-104, is
amended to read as follows:
Section 3-104. A. The supervision of the public school system
of Oklahoma shall be vested in the State Board of Education and,
subject to limitations otherwise provided by law, the St ate Board of
Education shall:
1. Adopt policies and make rules for the operation of the
public school system of the state;
2. Appoint, prescribe the duties , and fix the compensation of a
secretary, an attorney, and all other personnel necessary for the
proper performance of the functions of the State Board of Education.
The secretary shall not be a member of the Board;
3. Submit to the Governor a departmental bud get based upon
major functions of the Department as prepared by the State
Superintendent of Pu blic Instruction and supported by detailed data
on needs and proposed o perations as partially determined by the
budgetary needs of local school districts filed wi th the State Board
of Education for the ensuing fiscal year. Appropriations therefor
shall be made in lump-sum form for each major item in the budget as
follows:
a. State Aid to schools,
b. the supervision of all other functions of general and
special education including general control, free
textbooks, school lunch, Indian education , and all
other functions of the Board and an amount sufficient
to adequately staff an d administer these services, and
c. the Board shall determine the details by which the
budget and the appropriations are administered.
Annually, the Board shall make preparations to
consolidate all of the functions of the Department in
such a way that the budget can be based on two items,
administration and aid to schools. A maximum amount
ENR. S. B. NO. 516 Page 13
for administration shall be designated as a part of
the total appropriation;
4. On the first day of December preceding each regular session
of the Legislature, prepare and deliver to the Governor and the
Legislature a report for the year ending June 30 immed iately
preceding the regular session of the Legislature. The report shall
contain:
a. detailed statistics and other information concerning
enrollment, attendance, e xpenditures including State
Aid, and other pertinent data for all public schools
in this state,
b. reports from each and every division within the State
Department of Education as submi tted by the State
Superintendent of Public Instruction and any other
division, department, institution, or other agency
under the supervision of the Board,
c. recommendations for the improvement of the public
school system of the state,
d. a statement of the receipts and expenditures of the
State Board of Education for the pas t year, and
e. a statement of plans and recommendations for the
management and improvement of public schools and such
other information relating to the educational
interests of the state as may be deemed necessary and
desirable;
5. Provide for the formul ation and adoption of curricula,
courses of study, and other instructional aids necessary for the
adequate instruction of pupils in the public schools;
6. Have authority in matter s pertaining to the licensure and
certification of persons for instructional , supervisory, and
administrative positions and services in the public schools of the
state subject to the provisions of Section 6-184 of this title, and
shall formulate rules gove rning the issuance and revocation of
certificates for superintendents of scho ols, principals,
ENR. S. B. NO. 516 Page 14
supervisors, librarians, clerical employees, school nurses, school
bus drivers, visiting teachers, classroom teachers, and for other
personnel performing instruct ional, administrative, and supervisory
services, but not including members of b oards of education and other
employees who do not work directly with pupils, and may charg e and
collect reasonable fees for the issuance of such certificates:
a. the State Department of Education shall not issue a
certificate to and shall revoke the certi ficate of any
person who has been convicted, whether upon a verdict
or plea of guilty or up on a plea of nolo contendere,
or received a suspended sentence or any probationary
term for a crime or an attempt to commit a crime
provided for in Section 843.5 of Title 21 of the
Oklahoma Statutes if the offense involved sexual abuse
or sexual exploitati on as those terms are defined in
Section 1-1-105 of Title 10A of the Oklahoma Statutes ,
Section 741, 843.1, if the offense included sexual
abuse or sexual exploitation, 865 et seq., 885, 888,
891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088,
1111.1, 1114, or 1123 of Title 21 of the Oklahoma
Statutes or who enters this state and who has been
convicted, received a suspended sente nce, or received
a deferred judgment for a crime or attempted crime
which, if committed or attempted in this state, would
be a crime or an attempt to commit a crime provided
for in any of said the laws,
b. all funds collected by the State Department of
Education for the issuance of certificates to
instructional, supervisory, and administrative
personnel in the public schools of the stat e shall be
deposited in the “Teachers’ Certificate Certification
Fund” in the State Treasury and may be expended by the
State Board of Education to finance the activities of
the State Department of Education necessary to
administer the program, for consultative services,
publication costs, actual and necessary travel
expenses as provided i n the State Travel Reimbursement
Act incurred by persons performing research work, and
other expenses found necessary by the State Board of
Education for the improvement of the preparation and
ENR. S. B. NO. 516 Page 15
certification of teachers in Oklahoma this state.
Provided, any unobligated balance in the Teache rs’
Certificate Certification Fund in excess of Ten
Thousand Dollars ($10,000.00) on June 30 of any fiscal
year shall be transferred to the General Revenue Fund
of the State of Oklahoma this state. Until July 1,
1997, the State Board of Education shall have
authority for approval of teacher education programs.
The State Board of Education shall also have authority
for the administration of teacher residency and
professional development, subject to the provisions of
the Oklahoma Teacher Preparation Act;
7. Promulgate rules governing the classification, inspection,
supervision, and accrediting of all public nursery, kindergarten,
elementary and secondary schools, and on-site educational serv ices
provided by public school districts or state-accredited private
schools in partial hospitalization programs, day treatment pro grams,
and day hospital programs as defined in this act for persons between
the ages of three (3) and twenty-one (21) years of age in the state.
However, no school shall be denied accreditation solely on the basis
of average daily attendance.
Any school district which maintains an elementary school and
faces the necessity of relocating its school facilities because of
construction of a lake, either by state or federal authority, which
will inundate the school facilities, shall be entitled to receive
probationary accreditation from the State Board of Education for a
period of five (5) years after the effective date of this act June
12, 1975, and any school district, otherwise qualified, shall be
entitled to receive probationary accredit ation from the State Boar d
of Education for a period of two (2) consecutive years to attain the
minimum average daily attendance. The Head Start and public
nurseries or kindergartens operated from Community Action Program
Agency funds shall not be subjected to t he accrediting rules of the
State Board of Education. Neither will the State Board of Education
make rules affecting the operation of the public nurseries and
kindergartens operated from federal funds secured through Community
Action Programs Agencies even though they may be operating in the
public schools of the state. However, any of the Head Start or
public nurseries or kindergartens operated under federal regulations
may make application for accrediting fr om the State Board of
ENR. S. B. NO. 516 Page 16
Education but will be accredited only if application for the
approval of the programs is made. The status of no school district
shall be changed which will reduce it to a lower classification
until due notice has been given to the pr oper authorities thereof
and an opportunity given to co rrect the conditions which otherwise
would be the cause of such reduction.
Private and parochial schools may be accredited and classified
in like manner as publ ic schools or, if an accrediting associat ion
is approved by the State Board of Education, by pro cedures
established by the State Board of Education to accept accreditation
by such accrediting association, if application is made to the State
Board of Education for such accrediting;
8. Be the legal agent of the State of Oklahoma this state to
accept, in its discretion, the provisions of any Act of Congress
appropriating or apportioning funds which are now, or may hereafter
be, provided for use in connection with any phase of the system of
public education in Oklahoma. It shall prescribe such rules as it
finds necessary to provide for the proper dis tribution of such funds
in accordance with the state and federal laws;
9. Be and is specifically hereby designated as the agency of
this state to cooperate and deal with any officer, board, or
authority of the United States Government under any law of the
United States which may require or recommend cooperation with any
state board having charge of the administration of public schools
unless otherwise provided by law;
10. Be and is hereby designated as the “State Educational
Agency” referred to in Public Law 396 of the 79th Congress of the
United States, which law states that said the act may be cited as
the “National School Lunch Act”, and said the State Board of
Education is hereby authorized and directed to accept the terms and
provisions of said the act and to enter into such agreements, not in
conflict with the Constitution of Oklahoma or th e Constitution and
Statutes of the United States, as may be necessary or appropriate to
secure for the State of Oklahoma this state the benefits of the
school lunch program established and referred to in said the act;
11. Have authority to secure and administer the ben efits of the
National School Lunch Act, Public Law 396 of the 79th Congress of
ENR. S. B. NO. 516 Page 17
the United States, in the State of Oklahoma this state and is hereby
authorized to employ or appoint and fix the compensation of such
additional officers or employees and to incur such expenses as may
be necessary for the ac complishment of the above purpose, administer
the distribution of any state funds appropriated by the L egislature
required as federal matching to reimburse on children’s meals;
12. Accept and provide for the administration of any land,
money, buildings, gifts, donation, or other things of value which
may be offered or bequeathed to the schools under the su pervision or
control of said the Board;
13. Have authority to require persons having administrative
control of all school districts in Oklahoma to make such regular and
special reports regarding the activities of the schools in said the
districts as the Board may deem needful for the proper exercise of
its duties and functions. Such authority shall include the right of
the State Board of Education to withhold all state funds under its
control, to withhold official re cognition, including accrediting,
until such required reports have been filed and accepted in the
office of said the Board and to revoke the certificates of persons
failing or refusing to make such reports;
14. Have general supervision of the school lunch program. The
State Board of Education may sponsor workshops for personnel and
participants in the school lunch program and may develop, print, and
distribute free of charge or sell any materials, books, and
bulletins to be used in such the school lunch programs. There is
hereby created in th e State Treasury a revolving fund for the Board,
to be designated the School L unch Workshop Revolving Fund. The fund
shall consist of all fees derived from or on behalf of any
participant in any such workshop sponsored by the State Board of
Education, or from the sale of any materials, books, and bulletins,
and such funds shall be disbursed for expenses of such workshops and
for developing, printing, and distributing of such the materials,
books, and bulletins relating to the school lunch program. The fun d
shall be administered in accordance with Section 155 of Title 62 of
the Oklahoma Statutes;
15. Prescribe all forms for school district a nd county officers
to report to the State Board of Education where required. The State
Board of Education shall also prescribe a list of appropriation
ENR. S. B. NO. 516 Page 18
accounts by which the funds of school districts shall be budgeted,
accounted for, and expended; and it sh all be the duty of the State
Auditor and Inspector in prescribing all budgeting, accounting, and
reporting forms for school funds to conform to such lists;
16. Provide for the establishment of a uniform system of pupil
and personnel accounting, records, and reports;
17. Have authority to provide for the he alth and safety of
school children and school personnel while u nder the jurisdiction of
school authorities;
18. Provide for the supervision of the transportation of
pupils;
19. Have authority, upon request of the local school board, to
act in behalf of the public schools of the state in the purchase of
transportation equipment;
20. Have authority and is hereby required to perform all duties
necessary to the administration of the public school system in
Oklahoma as specified in the Oklahoma School Code; a nd, in addition
thereto, those duties not specifically mentione d herein if not
delegated by law to any other agency or official;
21. Administer the State Public Common School Building
Equalization Fund established by Section 32 of Article X of the
Oklahoma Constitution. Any monies as may be appropriated or
designated by the Legislature, other than ad valorem taxes, any
other funds identified by the State Department of Education, which
may include, but not be limited to, grants-in-aid from the federal
government for building purposes, the proceeds of all property that
shall fall to the state by escheat, penalties for unlawful holding
of real estate by corporations, and capital gains on assets of the
permanent school funds, shall be deposited in the State Pu blic
Common School Building Equalization Fund. The fund shall be used to
aid school districts and charter schools in acquiring buildings,
subject to the limitations fixed by Section 32 of Article X of the
Oklahoma Constitution. It is hereby declared that the term
“acquiring buildings” as used in Section 32 of Articl e X of the
Oklahoma Constitution shall mean acquiring or improving school
sites, constructing, repairing, remodeling, or equipping buildings,
ENR. S. B. NO. 516 Page 19
or acquiring school furniture, fixtures, or equipmen t. It is hereby
declared that the term “school districts” as used in Section 32 of
Article X of the Oklahoma Constitution shall mean school districts
and eligible charter schools as defined in subsection B of this
section. The State Board of Education sh all disburse redbud school
grants annually from the State Public Common School Building
Equalization Fund to public schools and eligible charter schools
pursuant to subsection B of this section. The Board shall
promulgate rules for the implementation of d isbursing redbud school
grants pursuant to this section. The State Board of Education shall
prescribe rules for making grants of aid from, and for otherwise
administering, the fund pursuant to the provisions of this
paragraph, and may employ and fix the d uties and compensation of
technicians, aides, clerks, stenographers, attorneys, and other
personnel deemed necessary to carry out the provisions of this
paragraph. The cost of administering the fund shall be paid from
monies appropriated to the State Board of Education for the
operation of the State Department of Education. From monies
apportioned to the fund, the State Department of Education may
reserve not more than one-half of one percent (1/2 of 1%) for
purposes of administering the fund;
22. Recognize that the Director of the Oklahoma Department of
Corrections shall be the administrative authority for the schools
which are maintained in the state reformatories and shall appoint
the principals and teachers in such schools. Provided, that rules
of the State Board of Education for the classification, inspection,
and accreditation of public schools shall be applicable to such
schools; and such schools shall comply with standards set by the
State Board of Education; and
23. Have authority to administer a revolving fund which is
hereby created in the State Treasury, to be designated the
Statistical Services Revolving Fund. The fund shall consist of all
monies received from the various school districts of the state, the
United States Government, and other s ources for the purpose of
furnishing or financing statistical services and for any other
purpose as designated by the Legislature. The State Board of
Education is hereby authorized to enter into agreements with school
districts, municipalities, the United States Government,
foundations, and other agencies or individuals for services,
programs, or research projects. The Statistical Services Revolving
ENR. S. B. NO. 516 Page 20
Fund shall be administered in accordance with Section 155 of Title
62 of the Oklahoma Statutes.
B. 1. The redbud school grants shall be determined by the
State Department of Education as follows:
a. divide the county four-mill levy revenue by four to
determine the nonchargeable county four-mill revenue
for each school district,
b. determine the amount of new re venue generated by the
five-mill building fund levy as authorized by Section
10 of Article X of the Oklahoma Constitution for each
school district as reported in the Oklahoma Cost
Accounting System for the preceding fiscal year,
c. add the amounts calculat ed in subparagraphs a and b of
this paragraph to determine the nonchargeable millage
for each school district,
d. add the nonchargeable millage in each district
statewide as calculated in subparagraph c of this
paragraph and divide the total by the average daily
membership in public schools statewide based on the
preceding school year’s average daily membership,
according to the provisions of Section 18-107 of this
title. This amount is the statewide nonchargeable
millage per student, known as the baseline local
funding per student,
e. all eligible charter schools shall be included in
these calculations as unique school districts,
separate from the school district that may sponsor the
eligible charter school, and the total number of
districts shall be used to determine the statewide
average baseline local funding per student,
f. for each school district or eligible charter school
which is below the baseline local funding per student,
the Department shall subtract the baseline local
funding per student from the average nonchargeable
millage per student of the school district or eligible
ENR. S. B. NO. 516 Page 21
charter school to determine the nonchargeable millage
per student shortfall for each district, and
g. the nonchargeable millage per student shortfall for a
school district or eligible charter school shall be
multiplied by the average daily membership of the
preceding school year of the eligible school district
or eligible charter school. This amount shall be the
redbud school grant amount for the school district or
eligible charter school.
2. For fiscal year 2022, monies for the redbud school grants
shall be expended from the funds apportioned pursuant to Section 2
Section 426 of this act Title 63 of the Oklahoma Statutes . For
fiscal year 2023 and each subsequent fiscal year, monies for the
redbud school grants shall be appropriated pursuant to Section 2
Section 426 of this act Title 63 of the Oklahoma Statutes, not to
exceed three-fourths (3/4) of the tax colle cted in the preceding
fiscal year pursuant to Section 426 of Title 63 of the Okla homa
Statutes as determined by the Oklahoma Tax Commission. For fiscal
year 2023 and each subsequent fiscal year, if such appropriated
funds are insufficient to fund the redbud school grants, then an
additional apportionment of funds shall be made from sales tax
collections as provided by subsection D of Section 3 Section 1353 of
this act Title 68 of the Oklahoma Statutes. If both funds are
insufficient, the Department shall promulgate rules to pe rmit a
decrease to the baseline local funding per st udent to the highest
amount allowed with the funding available.
3. As used in this section, “eligible charter school” shall
mean a charter school which is sponsored pursuant to the provisions
of the Oklahoma Charter School Schools Act. Provided, however,
“eligible charter school” shall not include a statewide virtual
charter school sponsored by the Statewide Virtual Charter School
Board Statewide Charter School Board but shall only include those
which provide in-person or blended instruction, as provided by
Section 1-111 of this title, to not less than two-thirds (2/3) of
students as the primary means of instructional service delivery.
4. The Department shall develop a program to acknowledge the
redbud school grant recipients and shall include elected members of
ENR. S. B. NO. 516 Page 22
the Oklahoma House of Representatives and Oklahoma State Senate who
represent the school districts and eligible charter schools.
5. The Department shall create a dedicated page on its website
listing annual redbud school grant recipients, amount awarded to
each recipient, and other pertinent infor mation about the Redbud
School Funding Act.
6. The Department shall provide the Chair chair of the House
Appropriations and Budget Committee and the Chair chair of the
Senate Appropriations Committee no later than February 1 of each
year with an estimate of the upcoming year’s redbud school grant
allocation as prescribed by this section.
SECTION 5. AMENDATORY 70 O.S. 2021, Sectio n 3-132, as
amended by Section 1, Chapter 222, O.S.L. 2022 (70 O .S. Supp. 2022,
Section 3-132), is amended to read as follows:
Section 3-132. A. The Oklahoma Charter Schools Act shal l apply
only to charter schools formed and operated under the provisions of
the act. Charter schools shall be sponsored only as follows:
1. By any school district located in the State of Oklahoma this
state, provided such charter school shall only be located within the
geographical boundaries of the sponsor ing district and subject to
the restrictions of Section 3-145.6 of this title;
2. By a technology center school district if the charter school
is located in a school district served by the technology center
school district in which all or part of the scho ol district is
located in a county having more than five hundred thousand (500,000)
population according to the latest Fe deral Decennial Census;
3. By a technology center school district if the charter school
is located in a school district served by the technology center
school district and the school district has a school site that has
been identified as in need of improv ement by the State Board of
Education pursuant to the Elementary and Secondary Education Act of
1965, as amended or reauthorized;
4. By an accredited comprehensive or, regional, or two-year
institution that is a member of The Oklahoma State System of High er
ENR. S. B. NO. 516 Page 23
Education or a community college if the charter school is located in
a school district in which all or part of the school district is
located in a county having more than five hundred thousand (500,000)
population according to the latest Federal Decenni al Census by a
private institution of higher learning located within this sta te
that is accredited pursuant to Section 4103 of this title ;
5. By a comprehensive or regional institution that is a member
of The Oklahoma State System of Higher Education if t he charter
school is located in a school district that has a school site that
has been identified as in need of improvement by the State Board of
Education pursuant to the Elementary and Secondary Education Act of
1965, as amended or reauthorized. In addition, the institution
shall have a teacher education program accredited by the Oklahoma
Commission for Teacher Preparation and have a branch campus or
constituent agency physically located within the school district in
which the charter school is located i n the State of Oklahoma;
6. 3. By a federally recognized Indian tribe, operating a high
school under the authority of the Bureau of Indian Affairs as of
November 1, 2010, if the charter school is for the purpose of
demonstrating native language immersion instruction, and is located
within its former reservation or treaty area boundaries. For
purposes of this paragraph, native language immersion instructi on
shall require that educational instruc tion and other activities
conducted at the school site are pri marily conducted in the native
language;
7. By 4. Until June 30, 2023, by the State Board of Education
and beginning July 1, 202 4, by the Statewide Charter School Board
when the applicant of the charter school is the Office of Juvenile
Affairs or the applicant has a contract with the Office of Juvenile
Affairs and the charter school is for the purpose of providing
education services to youth in the custody or supervision of the
state. Not more than two charter schoo ls shall be sponsored by the
Board as provided for in this paragraph during the period of time
beginning July 1, 2010, through July 1, 2016;
8. 5. By a federally recognized Indian tribe only when the
charter school is located within the former reservation or treaty
area boundaries of the tribe on property held in trust by the Bureau
ENR. S. B. NO. 516 Page 24
of Indian Affairs of the United States Department of the Interior
for the benefit of the tribe; or
9. 6. By the State Board of Education when the applicant has
first been denied a charter by the local school district in which it
seeks to operate Statewide Charter School Board. In counties with a
population of fewer than five hundred thousand (500,000) population,
according to the latest Federal Decennial Census, the State Board of
Education Statewide Charter School Board shall not sponsor more than
five new charter schools per year each year for the first five (5)
years after the effective date of this act, with not more than one
charter school sponsored in a single school district per year. In
order to authorize a charter school under this section, the State
Board of Education shall find evidence of all of the following:
a. a thorough and high-quality charter school application
from the applicant based on the authorizing standards
in subsection B of Section 3-134 of this title,
b. a clear demonstration of community sup port for the
charter school, and
c. the grounds and basis of obje ction by the school
district for denying the operation of the charter are
not supported by the greater weight of evidence and
the strength of the applic ation. Existing charter
schools sponsored by the Statewide Charter School
Board shall not apply to the limits prescribed by this
paragraph.
B. An eligible non-school-district sponsor shall give priority
to opening charter schools that s erve at-risk student populations or
students from low-performing traditional public schools.
C. An eligible non-school-district sponsor shall give priorit y
to applicants that have demonstrated a reco rd of operating at least
one school or similar program t hat demonstrates academic success and
organizational viability and serves student populations similar to
those the proposed cha rter school seeks to serve . In assessing the
potential for quality repli cation of a charter school, a sponsor
shall consider the following factors before approving a new site or
school:
ENR. S. B. NO. 516 Page 25
1. Evidence of a strong and reliable record of academic success
based primarily on student perfo rmance data, as well as other viable
indicators, including financial and operational success;
2. A sound, detailed, and well-supported growth plan;
3. Evidence of the ability to transfer successful practices to
a potentially different context that includ es reproducing critical
cultural, organizatio nal, and instructional characteristics;
4. Any management organization involved in a potential
replication is fully vetted, and the academic, financial, and
operational records of the schools it operates are fo und to be
satisfactory;
5. Evidence the program seeking to be replicated has the
capacity to do so suc cessfully without diminishing or putting at
risk its current operations; and
6. A financial structure that ensures that funds attributable
to each charter school within a network and required by law to be
utilized by a school remain with and are used to b enefit that
school.
D. For purposes of the Oklahoma Charter Schools Act, “charter
school” means a public school established by contract with a board
of education of a school district, an area vocatio nal-technical
school district, a higher education instit ution, a federally
recognized Indian tribe, or the State Board of Education pursuant to
the Oklahoma Charter Schools Act to pro vide learning that will
improve student achievement and as defined in the Elementary and
Secondary Education Act of 1965, 20 U.S. C. 8065.
E. 1. For the purposes of the Oklahoma Charter Schools Act,
“conversion school” means a school created by converting all or any
part of a traditional public school in order to access any or all
flexibilities afforded to a charter school.
2. Prior to the board of education of a school district
converting all or any part of a traditional public school to a
conversion school, the board shall prepa re a conversion plan. The
ENR. S. B. NO. 516 Page 26
conversion plan shal l include documentation that demonstrates and
complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
19, 20, 21, 22, 23, 24, 34 and 35 of subsection B of Section 3-134
of this title. The conversion plan and all documents shall be in
writing and shall be available to the public pursuant to the
requirements of the Oklahoma Open Records Act. All votes by the
board of education of a school district to approve a conversion pla n
shall be held in an open public session. If the board of education
of a school district votes to approve a conversion plan, th e board
shall notify the State Board of Education within sixty (60) days
after the vote. The notification shall include a copy of the
minutes for the board meeting at which the conversion plan was
approved.
3. A conversion school shall comply with all th e same
accountability measures as are required of a charter school as
defined in subsection D of th is section. The provisions of Sections
3-140 and 3-142 of this title shall not apply to a conversion
school. Conversion schools shall comply with the same laws and
State Board of Education rules relating to student enrollment which
apply to traditional p ublic schools. Conversion schools shall be
funded by the board of education of the school district a s a school
site within the school district and funding s hall not be affected by
the conversion of the school.
4. The board of education of a school distri ct may vote to
revert a conversion school back to a tr aditional public school at
any time; provided, the change shall only occur during a break
between school years.
5. Unless otherwise provided for in this subsection, a
conversion school shall retain the characteristics of a tradit ional
public school.
F. A charter school may consist of a new school sit e, new
school sites or all or any portion of an existing school site. An
entire school district may not become a charter school site.
SECTION 6. AMENDATORY 70 O.S. 2021, Section 3 -134, as
amended by Section 2, Chapter 222, O.S.L. 2022 (70 O.S. Su pp. 2022,
Section 3-134), is amended to read as follows :
ENR. S. B. NO. 516 Page 27
Section 3-134. A. For written applications filed after January
1, 2008 July 1, 2024, prior to submission of the application to a
proposed sponsor seeking to establish a charter school or to the
Statewide Charter School Board to establish a virtual char ter
school, the applicant shall be required to complete training which
shall not exceed ten (10) hours provid ed by the State Department of
Education Statewide Charter School Board on the process and
requirements for establishing a charter school or virtual charter
school. The sponsor of a c harter school that enters into a new or
renewed sponsorship contract on or after July 1, 2024, shall be
required to complete training provided by the Statewide Chart er
School Board or an organization approved by the Statewide Charter
School Board on the oversight duties of the sponsor. The Department
Board shall develop and implement the training and publish a list of
organizations approved to provide training by January 1, 2008 July
1, 2024. The Department Board and organizations approved by the
Board may provide the training in any format and manner that the
Department determines determined to be efficient and effective
including, but not limi ted to, web-based training.
B. Except as otherwise provided for in Secti on 3-137 of this
title, an applicant seeking to establish a virtual charter school
shall submit a written application to the State wide Charter School
Board, and an applicant seeking t o establish a charter school shall
submit a written applica tion to the proposed sponsor as prescribed
provided for in subsection E of this section. The application shall
include:
1. A mission statement for the charter school or virtual
charter school;
2. A description including, but not limited to, background
information of the organizational structure and the governing body
board of the charter school or virtual charter school ;
3. A financial plan for the first five (5) years of operation
of the charter school or virtual charter school and a description of
the treasurer or other o fficers or persons who shall have primary
responsibility for the finances of the charter school or virtual
charter school. Such person shall have demon strated experience in
school finance or the equivalent thereof;
ENR. S. B. NO. 516 Page 28
4. A description of the hiring poli cy of the charter school or
virtual charter school;
5. The name of the applicant or applicants and requested
sponsor;
6. A description of the facility and location of the charter
school;
7. A description of the grades being served;
8. An outline of criteria designed to measure the effectiveness
of the charter school or virtual charter school;
9. A demonstration of support for the charter school from
residents of the school district which may include but is not
limited to a survey of the school district residents or a petition
signed by residents of the school district;
10. Documentation that the applicants completed charter school
training as set forth in subsection A of this section;
11. 10. A description of the minimum and maximum enro llment
planned per year for each term of the charter contract;
12. 11. The proposed calendar for the ch arter school or virtual
charter school and sample daily schedule;
13. 12. Unless otherwise auth orized by law or regulation, a
description of the academic program aligned with state standards;
14. 13. A description of the instructional design of the
charter school, or virtual charter school including the type of
learning environment, class size and stru cture, curriculum overview,
and teaching methods;
15. 14. The plan for using int ernal and external assessments to
measure and report student progress on the performance framework
developed by the applicant in accordance with subsection C of
Section 3-135 Section 3-136 of this title;
ENR. S. B. NO. 516 Page 29
16. 15. The plans for identif ying and successfully serving
students with disabilities, students who are English language
learners, and students who are academically behind;
17. 16. A description of cocurricular or extracurricular
programs and how they will be funded and delivered;
18. 17. Plans and time lines for student recruitment and
enrollment, including lottery procedures;
19. 18. The student discipline policies for the charter school ,
or virtual charter school including those for special education
students;
20. 19. An organizational chart that cle arly presents the
organizational structure of the charter school or virtual charter
school, including lines of authority and reporting between the
governing board, staff, any related bod ies such as advisory bodies
or parent and teacher councils, and any external organizations that
will play a role in managing the school;
21. 20. A clear description of the roles an d responsibilities
for the governing board, the leadership and management te am for the
charter school or virtual charter school, and any other entities
shown in the organizational chart;
22. 21. The leadership and teacher employment policies for the
charter school or virtual charter s chool;
23. 22. Proposed governing bylaws;
24. 23. Explanations of any partnerships or contractual
partnerships central to the operations or mission of the charter
school or virtual charter school;
25. 24. The plans for providing transporta tion, food service,
and all other significant operational or ancillary services;
26. 25. Opportunities and expectations for parental
involvement;
ENR. S. B. NO. 516 Page 30
27. 26. A detailed school star t-up plan that identifies tasks,
time lines, and responsible individuals;
28. 27. A description of the financial plan and policies for
the charter school, or virtual charter school including financial
controls and audit requirements;
29. 28. A description of the insurance coverage the charter
school or virtual charter school will obtain;
30. 29. Start-up and five-year budgets with clearly stated
assumptions;
31. 30. Start-up and first-year cash-flow projections with
clearly stated assumptions;
32. 31. Evidence of anticipated fundraising contributions, if
claimed in the application;
33. 32. A sound facilities plan, including backup or
contingency plans if appropriate;
34. 33. A requirement that the charter school or virtual
charter school governing board meet at a minimum quarterly no fewer
than ten (10) months of the year in the state and that for those
charter schools outsi de of counties with a population of five
hundred thousand (500,000) or more, that a majority minimum of two
(2) members are residents withi n the geographic boundary of the
sponsoring entity charter school; and
35. 34. A requirement that the charter school or virtual
charter school follow the requirements of the Oklahoma Open Meeting
Act and Oklahoma Open Records Act; and
35. A copy of any proposed contract between the g overning board
of a charter school or virtual c harter school and an educational
management organization, as defin ed by Section 5-200 of this title,
which meets the requirements of the Oklahoma Charter Schools Act.
C. A board of education of a public schoo l district, public
body, public or private college or university, private person, or
private organization may contract with a sponsor to establish a
ENR. S. B. NO. 516 Page 31
charter school or virtual charter school. A private school shall
not be eligible to contract for a charter school or virtual charter
school under the provisions of the Oklahoma Charter School s Act.
D. The sponsor of a charter school is th e board of education of
a school district, the board of education of a technology center
school district, a higher education institution, the State Board of
Education, or a private institution of higher learnin g accredited
pursuant to Section 4103 of this title, a federally recognized
Indian tribe which meets the criteria established in Section 3 -132
of this title, or beginning July 1, 2024, the Statew ide Charter
School Board. Any board of education of a school district in the
state sponsor authorized pursuant to subsection A of Section 3-132
of this title may sponsor one or more charter schools. The physical
location of a charter school sponsored by a board of education of a
school district or a technology center school district shall be
within the boundaries of the sponsoring school district. The
physical location of a charter school otherwise sponsored by the
State Board of Education Statewide Charter School Board pursuant to
paragraph 8 6 of subsection A of Section 3-132 of this title shall
be in the school district in which the application originated.
E. 1. Beginning July 1, 2024, any application seeking to
establish a charter school in this sta te shall be submitted first to
the school district in which t he proposed charter school is to be
located. The school district board of education shall approve or
deny the application within sixty (60) days of receipt of the
application. If the charter school application is denied, nothing
shall prohibit an applica nt from submitting a revis ed application to
the school district board of education, which shall approve or deny
the revised application withi n sixty (60) days of receipt of the
application.
2. An applicant for a charter school that has been denied
pursuant to paragraph 1 of this s ubsection may submit an application
to a proposed sponsor listed in paragraphs 2 through 6 of subsection
A of Section 3-132 of this title, which shall either accept or
reject sponsorship of the charter school within ninety (90) da ys of
receipt of the application. If the proposed sponsor rejects the
application, it shall notify the applicant in writing of the reasons
for the rejection. The applicant may submit a revised application
for reconsideration to the proposed sponsor withi n thirty (30) days
ENR. S. B. NO. 516 Page 32
after receiving notificatio n of the rejection. The proposed sponsor
shall accept or reject the revised application within thirty (30)
days of its receipt. Should the sponsor reject the applicatio n on
reconsideration, the applicant may appeal the decision to the State
Board of Education with the revised application for review pursuant
to paragraph 8 of subsection A of Sectio n 3-132 of this title. The
State Board of Education shall hear the appeal no later than sixty
(60) days from the d ate received by the Board.
3. Beginning July 1, 2024, an applicant for a virtual charter
school shall submit an application to the Statewide Charter School
Board, which shall either accept or reject sponsorship of t he
virtual charter school within ninety (90) days of receipt of th e
application. If the application is rejected, the Statewide Charter
School Board shall notify the applicant in wr iting of the reasons
for the rejection. The applicant may submit a revised application
for reconsideration to the Statewide Charter school B oard within
thirty (30) days after receiving notification of the rejection. The
Statewide Charter School Board sha ll accept or reject the revised
application within thi rty (30) days of its receipt.
F. A board of education of a s chool district, board of
education of a technology center school district, a higher education
institution, a private institution of higher le arning accredited
pursuant to Section 4103 of this tit le, or a federally recognized
Indian tribe sponsor of a charter school shall notify the State
Board of Education and the Statewide Charter School Board when it
accepts sponsorship of a charter school . The notification shall
include a copy of the charter of the charter school.
G. Applicants for charter schools and virtual charter schools
proposed to be sponsored by an entity other than a school district
pursuant to paragraph 1 of subsection A of Section 3-132 of this
title the Statewide Charter School Boar d may, upon rejection of the
a revised application, proceed to binding arbitration unde r the
commercial rules of the American Arbitration Association with costs
of the arbitration to be borne by the proposed sponsor applicant.
Applicants for charter schoo ls proposed to be spo nsored by school
districts pursuant to paragraph 1 of subsection A of Section 3-132
of this title may not proceed to binding arbitration but may be
sponsored by the State Board of E ducation as provided in paragraph 8
of subsection A of Section 3-132 of this title.
ENR. S. B. NO. 516 Page 33
H. If a board of education of a technology center school
district school district, a higher education institution, the State
Board of Education a private institution of hi gher learning
accredited pursuant to Section 4103 of t his title, or a federally
recognized Indian tribe accepts spo nsorship of a charter school, the
administrative, fiscal, and oversight responsibilities of the
technology center school district school district, the higher
education institution, the private institution of higher l earning
accredited pursuant to Section 4 103 of this title, or the federally
recognized Indian tribe shall be listed in the contract. No
administrative, fiscal, or oversight responsibilities of a charter
school shall be delegated to a school district unles s the local
school district agrees to enter into a contract to assume the
responsibilities.
I. A sponsor of a public charter school sh all have the
following powers and duties over charter schools it sponsors, and
the Statewide Charter School Board shall h ave the following powers
and duties over the charter schools and v irtual charter schoo ls it
sponsors:
1. Provide services and oversight of the operations of charter
schools or virtual charter schools in the state through annual
performance reviews of charter schools and reauthorization of
charter schools for which it is a sponsor ;
2. Solicit and evaluate charter applications;
3. Approve quality charter applications that meet ident ified
educational needs and promote a diversity of educational choi ces;
4. Decline to approve weak or inadequate charter applications;
5. Negotiate and execute sound charter contracts with each
approved public charter school or virtual charter school ;
6. Approve or deny proposed contracts between the governing
board of a charter school or virtual charter school and an
educational management organization, as def ined by section 5-200 of
this title;
ENR. S. B. NO. 516 Page 34
7. Monitor, in accordan ce with charter contract term s, the
performance and legal compliance of charter schools and virtual
charter schools; and
7. 8. Determine whether each charter contract merits renewal,
nonrenewal, or revocation.
J. Sponsors shall establish a procedure for accepting,
approving, and disapproving charter school applications in
accordance with subsection E of this sec tion. The Statewide Charter
School Board shall post its application, application process, and
application time frames on the Board’s website.
K. Sponsors including the Statewide Charter School Board shall
be required to develop and maintain chartering po licies and
practices consistent with recognized principles and standards for
quality charter authorizing as established by the State D epartment
of Education sponsoring in all major areas of authorizing sponsoring
responsibility, including organizational capacity and
infrastructure, soliciting and evaluating charter school and virtual
charter school applications, performance contracting, ongoing
charter school and virtual charter sch ool oversight and evaluation ,
and charter contract renewal decision-making.
L. Sponsors acting in their official capacity shall be immune
from civil and criminal liability with respect to all activities
related to a charter school with which they contract .
SECTION 7. AMENDATORY 70 O.S. 2021, Section 3 -136, is
amended to read as follows:
Section 3-136. A. A Beginning July 1, 2024, a written contract
entered into between the Statewide Charter School Board and the
governing board of a charter school or statewide virtual charter
school or a written contract entered into between a sponsor and the
governing board of a charter school shall adopt a charter which will
ensure compliance with the following:
1. A Except as provided for in the Oklahoma Charter Schools
Act, a charter school and virtual charter school shall be exempt
from all statutes and rules relating to schools, boards of
education, and school districts; provided, however, a charter school
ENR. S. B. NO. 516 Page 35
or virtual charter school shall comply with all federal regulations
and state and local rules and statutes relating to health, safety,
civil rights, and insurance. By January 1, 2000, the State
Department of Education shall prepare a list of relevant rules and
statutes which a charter school and virtual charter school must
comply with as required by this paragraph and shall annually provide
an update to the list;
2. A charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations.
A sponsor may not authorize a charter school or program that is
affiliated with a nonpublic sectarian school or religious
institution;
3. The charter contract shall provide a description of the
educational program to be offered. A charter school or virtual
charter school may provide a comprehensive program of instruction
for a prekindergarten program, a kindergarten program, or any grade
between grades one and twelve. Instruction may be provided to all
persons between the ages of four (4) and twenty-one (21) years of
age. A charter school or virtual charter school may offer a
curriculum which emphasizes a specific l earning philosophy or style
or certain subject areas such as mathematics, science, fine arts,
performance arts, or foreign language. The charter of a charter
school or virtual charter school which offers grades nine through
twelve shall specifically addre ss whether the charter school or
virtual charter school will comply with the graduation requirements
established in Section 11-103.6 of this title. No charter school
shall be chartered for the purpose of offering a curriculum for deaf
or blind students that is the same or similar to the curriculum
being provided by or for educating deaf or blind students that are
being served by the Oklahoma School for the Blind or the Oklahoma
School for the Deaf;
4. A charter school or virtual charter school shall participate
in the testing as required by the Oklahoma School Testing Program
Act and the reporting of test results as is required of a school
district. A charter school or virtual charter school shall also
provide any necessary data to th e Office of Accountability within
the State Department of Education;
ENR. S. B. NO. 516 Page 36
5. Except as provided for in the Oklahoma Charter Schools Act
and its charter, a charter school shall be exempt from all statutes
and rules relating to schools, boards of education, and school
districts;
6. A charter school, to the extent possible, or virtual charter
school shall be subject to the same reporting requirements,
financial audits, audit procedures, and audit requirements as a
school district. The State Department of Education or State Auditor
and Inspector may conduct financial, program, or compliance audits.
The Statewide Charter School Board may request that the State
Auditor and Inspector conduct a financial, program, or compliance
audit for any charter school or virtual charter school it oversees.
A charter school or virtual charter school shall use the Oklahoma
Cost Accounting System to report financial transactions to t he
sponsoring school district State Department of Education. The
charter school or virtual charter school shall be subject to the
limitations on spending, including provisions of the Oklahoma
Constitution, for any funds received from the state, either thr ough
the State Department of Education or other sources ;
7. 6. A charter school or virtual charter school shall comply
with all federal and state laws relating to the education of
children with disabilities in the same manner as a school district;
8. 7. A charter school or virtual charter school shall provide
for a governing body board for the school which shall be responsible
for the policies and operational decisions of the charter school or
virtual charter school. All of the charter school or virtual
charter school governing board members shall be residents of this
state and shall meet n o fewer than ten (10) months of the year in a
public meeting within the boundaries of the school district in which
the charter school is located or within this state if the governing
board oversees multiple charter schools in this state or oversees a
virtual charter school . The governing board of a charter school or
virtual charter school shall be subject to the same conflict of
interest requirements as a member of a school district board of
education including but not limited to Sections 5-113 and 5-124 of
this title. Members appo inted to the governing board of a charter
school or virtual charter school shall be subject to the same
instruction and continuing education requirements as a member of a
school district board of education and pursuant to Section 5-110 of
ENR. S. B. NO. 516 Page 37
this title shall complete twelve (12) hours of instruction within
fifteen (15) months of appointment to the governing board and
pursuant to Section 5-110.1 of this title shall attend continuing
education;
9. 8. A charter school or virtual charter school shall not be
used as a method of generating revenue for students who are being
home schooled and are not being educated at an org anized charter
school site or by a virtual charter school;
10. 9. A charter school may or virtual charter school shall be
as equally free and open to al l students as traditional public
schools and shall not charge tuition or fees;
11. 10. A charter school or virtual charter school shall
provide instruction each year for at least the number of days or
hours required in Section 1-109 of this title;
12. 11. A charter school or virtual charter school shall comply
with the student suspension requirements provi ded for in Section 24-
101.3 of this title;
13. 12. A charter school or virtual charter school shall be
considered a school district for purposes of tor t liability under
The Governmental Tort Claims Act;
14. 13. Employees of a charter school or virtual charter school
may participate as members of the Te achers’ Retirement System of
Oklahoma in accordance with applicable statutes and rules if
otherwise allowed pursuant to law;
15. 14. A charter school or virtual charter school may
participate in all health and related insurance programs available
to the employees of the sponsor of the charter school a public
school district;
16. 15. A charter school or virtual charter school and their
respective governing boards shall comply with the Oklahoma Open
Meeting Act and the Oklahoma Open Records Act;
17. 16. The governing body board of a charter school or virtual
charter school shall be subject to the same confl ict of interest
ENR. S. B. NO. 516 Page 38
requirements as a member of a local school board notify the sponsor
within ten (10) busin ess days in the instance of any significant
adverse actions, material findings of noncompliance, o r pending
actions, claims, or proceedings in this state rela ting to the
charter school, the virtual charter school, or an educational
management organization with which the charter school or virtual
charter school has a contract; and
18. 17. No later than September 1 each year, the governing
board of each charter school or virtual charter school formed
pursuant to the Oklahoma Charter Schools Act shall prepare a
statement of actual income and expenditures for the charter school
or virtual charter school for the fiscal year that ended on the
preceding June 30, in a manner compliant with Section 5-135 of this
title. The statement of expenditures shall include functional
categories as defined in rules adopted by the State Board of
Education to implement the Oklahoma Cost Accounting System pursuant
to Section 5-145 of this title. Charter schools and virtual charter
schools shall not be permitted to submit estimates of expenditures
or prorated amounts to fulfill the requirements of this paragr aph;
and
18. A charter school or virtual charter school contract shall
include performance provisions based on a performance framework that
clearly sets forth the academic and operational performance
indicators that shall be used by charter school and virtual charter
school sponsors to evaluate their respective schools. The sponsor
may develop a separate performance framework to evaluate a charter
school or virtual charter school that has been designated by the
State Department of Education as implementin g an alternative
education program throughout the school. The sponsor shall require
a charter school or virtual charter school to submit the data
required in this subsection in the identical format that is required
by the State Department of Education of all public schools in order
to avoid duplicative admi nistrative efforts or allow a charter
school or virtual charter school to provide permission to the
Department to share all required data with the Board. The
performance framework shall serve as the minimum requirement for
charter school and virtual charter school performance evaluation and
shall include, but not be limited to, the following indicators:
a. student academic proficiency,
ENR. S. B. NO. 516 Page 39
b. student academic growth,
c. achievement gaps in both proficienc y and growth
between major student subgroups,
d. student attendance,
e. recurrent enrollment from year to year as determined
by the methodology used for public schools in
Oklahoma,
f. in the case of high schools, graduation rates as
determined by the me thodology used for public schools
in Oklahoma,
g. in the case of high schools, postsecondary readiness,
h. financial performance and su stainability and
compliance with state and Internal Revenue Service
financial reporting requirements,
i. audit findings or deficiencies,
j. accreditation and timely reporting,
k. governing board performance and stewardship including
compliance with all applicable laws, regulations, and
terms of the charter contract, and
l. mobility of student population for the virtual charter
school framework.
The sponsor including the Statewide Charter School Board shall
annually evaluate its charter schools or virtual charter schools
according to the performance framework. The results of the
evaluation shall be presented to the governing board of the charter
school or virtual charter school and the governing board of the
charter school sponsor in an open meeting.
B. An applicant or the g overning board of an applicant may hold
one or more charter contracts. Each charter school or virtual
ENR. S. B. NO. 516 Page 40
charter school that is part of a charter contract shall be separate
and distinct from any other charter school or virtual charter
school. For the purposes of t his subsection, “separate and
distinct” shall mean that a charter school or virtual charter school
governing board with oversight of more than one charter school or
virtual charter school shall not combine accounting, budgeting,
recordkeeping, admissions, employment, or policies and operational
decisions of the charter schools or virtual charter schools it
oversees.
C. The charter contract of a charter school or virtual charter
school shall include a description of the personnel policies,
personnel qualifications, and method of school governance, and the
specific role and duties of the sponsor of the charter school. A
charter school or virtual charter school shall not enter into an
employment contract with any teacher or other personnel until a
contract has been executed with its sponsor. The employment
contract shall set forth the personnel policies of the charter
school or virtual charter school including, but not limited to,
policies related to certification, professional development,
evaluation, suspension, dismissal and nonreemployment, sick leave,
personal business leave, emergency leave, and family and medical
leave. The contract shall also specifically set forth the salary,
hours, fringe benefits, and work conditions. The contract may
provide for employer-employee bargaining, but the charter school or
virtual charter school shall not be required to comply with the
provisions of Sections 509.1 through 509.10 of this title.
Upon contracting with any teacher or other personnel, the
governing board of a charter school or virtual charter school shall,
in writing, disclose employment rights of the employees in the event
the charter school or virtual charter school closes or the charter
contract is not renewed.
No charter school or virtual charter school may begin serving
students without a contract executed in accordance with the
provisions of the Oklahoma Charter Schools Act and approved in an
open meeting of the governing board of the sponsor or the Statewide
Charter School Board. The governing board of the sponsor or the
Statewide Charter School Board may establish reasonable preopening
requirements or conditions to monitor the start-up progress of newly
approved charter schools or virtual charter schools and ensure that
ENR. S. B. NO. 516 Page 41
each brick-and-mortar school is prepared to open smoothly on the
date agreed and to ensure that each school meets all building,
health, safety, insurance, and other legal requirements for the
opening of a school.
C. D. The charter of a charter school or virtual charter school
may be amended at the request of the governing body board of the
charter school or virtual charter school and upon the approval of
the sponsor.
D. E. A charter school or virtual charter school may enter into
contracts and sue and b e sued.
E. F. The governing body board of a charter school may or
virtual charter school shall not levy taxes or issue bonds. A
school district that proposes a bond shall include any charter
school established pursuant to subsection A of Section 3-132 of this
title and located within the school district in planning
conversations regarding the bond.
F. G. The charter of a charter school or virtual charter school
shall include a provision specifying the method or methods to be
employed for disposing of real and personal property acquired by the
charter school or virtual charter school upon expiration or
termination of the charter or failure of the charter s chool or
virtual charter school to continue operations. Except as otherwise
provided, any real or personal property purchased with state or
local funds shall be retained by the sponsoring school district
sponsor. If a charter school that was previous ly sponsored by the
board of education of a school district continues operation within
the school district under a new charter sponsored by an entity
authorized pursuant to Section 3-132 of this title, the charter
school may retain any personal property purcha sed with state or
local funds for use in the operation of the charter school until
termination of the new c harter or failure of the charter school to
continue operations.
SECTION 8. AMENDATORY 70 O.S. 2021, Section 3-137, is
amended to read as follows:
Section 3-137. A. An approved An initial contract for between
a charter school or virtual charter school and its sponsor approved
ENR. S. B. NO. 516 Page 42
on or after July 1, 2024, shall be effective for five (5) years from
the first day of operation. A After completing an initial five-year
term, a charter contract may be renewed for successive five-year up
to ten-year terms of duration, although the sponsor may vary the
term based on the performance, demonstrated capacities, and
particular circumstances o f each charter school or virtual charter
school. A sponsor may grant renewal with specific conditions for
necessary improvements to a charter school or virtual charter
school.
B. Prior to the beginning of the fourth final year of operation
the contract term of a charter school or virtual charter school, the
sponsor shall issue a charter school performance report and charter
renewal application guidance to the charter school and the charter
school its governing board or the virtual charter school and its
governing board. The performance report shall summarize the
performance record to date of the charter school, or virtual charter
school based on the data required by the Oklahoma Charter Schools
Act, the annual performance framework evaluation, a review of the
contract with an educational management organization if the charter
school or virtual charter school contracts with an educational
management organization, and the charter contract and taking. The
performance review shall take into consideration the percentage of
at-risk students enrolled in the charter school or virtual charter
school, and. The performance report shall provide notice of any
weaknesses or, concerns, violations, or deficiencies perceived by
the sponsor concerning the charter school or virtual charter school
that may jeopardize its position in seeking renewal if not timely
rectified. The If there are weaknesses, conce rns, violations, or
deficiencies the sponsor may require a charter school or virtual
charter school to develop a corrective action plan and corresponding
timeline to remedy any weaknesses, concerns, violations, o r
deficiencies. If the sponsor requires a c orrective action plan, the
charter school or virtual charter school shall have forty-five (45)
days to respond to the performance report and submit any corrections
or clarifications for the report. If the charter school or virtual
charter school does not substantially complete the corrective action
plan, the sponsor may choose to revoke or not renew the charter
contract pursuant to the requirements of this section.
C. 1. Prior to the beginning of the fifth final year of
operation a charter contract term, the charter school or virtual
ENR. S. B. NO. 516 Page 43
charter school may apply for renewal of the contract with the
sponsor including the Statewide Charter School Board. The renewal
application guidance shall, at a minimum, provide an opportunity for
the charter school or virtual charter school to:
a. present additional evidence, beyond the data contained
in the performance report, supporting its case for
charter renewal,
b. describe improvements undertaken or planned for the
school, and
c. detail the plan for the next charter t erm for the
school.
2. The renewal application guidance shall include or refer
explicitly to the criteria that will guide the renewal decisions of
the sponsor, which shall be based on the performance framework set
forth in the charter contract and consist ent with the Oklahoma
Charter Schools Act.
D. The sponsor may deny the request for renewal if it
determines the charter school or virtual charter school has failed
to complete the obligations of the contract or comply with the
provisions of the Oklahoma C harter Schools Act. A sponsor shall
give written notice of its intent to deny the request for renewal at
least eight (8) months prior to expiration of the contract. In
making charter renewal decisions, a sponsor shall:
1. Ground decisions on evidence of the performance of the
charter school or virtual charter school over the term of the
charter contract in accordance with the performance framework set
forth in the charter contract and shall take into consideration the
percentage of at-risk students enrolled in the school;
2. Grant renewal to charter schools or virtual charter schools
that have achieved the standards, targets, and performance
expectations as stated in the charter contract and are
organizationally and fiscally viable and have been faithful to the
terms of the contract and applicable law;
ENR. S. B. NO. 516 Page 44
3. Ensure that data used in making renewal decisions are
available to the school and the public; and
4. Provide a public report summarizing the evidence used as the
basis for each decision.
E. If a sponsor the Statewide Charter School Board denies a
request for renewal, the governing board of the sponsor Board may,
if requested by the charter school or virtual charter school,
proceed to binding arbitration a s provided for in subsection G of
Section 3-134 of this title.
F. A sponsor may terminate a contract during the term of the
contract for failure to meet the requirements for student
performance contained in the contract and performance framework,
failure to meet the standards of fiscal management, viol ations of
the law, or other good cause. The sponsor shall give at least
ninety (90) days’ written notice to the governing board of the
charter school or virtual charter school prior to terminating the
contract. The governing board may request, in writing , an informal
hearing before the sponsor within fourteen (14) days of receiving
notice. The sponsor shall conduct an informal hearing before taking
action. If a sponsor decides to terminate a contract, the governing
board may, if requested by the charte r school, proceed to binding
arbitration as provided for in subsection G of Section 3-134 of this
title.
G. Beginning July 1, 2024, and subject to the provisions of
this section, a charter school sponsor authorized by subsection A of
Section 3-132 of this title with a charter contract that includes
more than one charter school site may terminate or not renew a
charter school contract for a specific charter school site.
H. 1. Beginning in the 2016-2017 school year, the Stat e Board
of Education shall identify charter schools and virtual charter
schools in the state that are ranked in the bottom five percent (5%)
of all public schools as determined pursuant to Section 1210.545 of
this title.
2. At the time of its charter rene wal, based on an average of
the current year and the two (2) prior operating years, a sponsor
may close a charter school site or virtual charter school identified
ENR. S. B. NO. 516 Page 45
as being among the bottom five percent (5%) of public schools in the
state. The average of the current year and two (2) prior operating
years shall be calculated by using the percentage ranking for each
year divided by three, as determined by this subsection.
3. If there is a change to the calculation described in Section
1210.545 of this title that results in a charter school site or
virtual charter school that was not ranked in the bottom five
percent (5%) being ranked in the bottom five percent (5%), then the
sponsor shall use the higher of the two rankings to calculate the
ranking of the charter school site or virtual charter school.
4. In the event that a sponsor fails to close a charter school
site consistent with this subsection, the sponsor shall appear
before the State Board of Education to provide support for its
decision. The State Board of Education may, by m ajority vote,
uphold or overturn the decision of the spons or. If the decision of
the sponsor is overturned by the State Board of Education, the Board
may implement one of the following actions:
a. transfer the sponsorship of the charter school
identified in this paragraph to another sponsor,
b. order the closure of the charter school identified in
this paragraph at the end of the current school year,
or
c. order the reduction of any administrative fee
collected by the sponsor that is applicable to the
charter school identified in this paragraph. The
reduction shall become effective at the beginning of
the month following the month the hearing of the
sponsor is held by the State Board of Education.
5. A charter school or virtual charter school that is closed by
the State Board of Education its sponsor pursuant to paragraph 4 of
this subsection shall not be granted a subsequent charter by any
other sponsor contract.
6. 5. The requirements of this subsection shall not apply to a
charter school or virtual charter school that has been designated by
ENR. S. B. NO. 516 Page 46
the State Department of Education as implementing an alternative
education program throughout the charter school.
7. 6. In making a charter school site or virtual charter school
closure decision, the State Board of Education sponsor shall
consider the following:
a. enrollment of students with special challenges such as
drug or alcohol addi ction, prior withdrawal from
school, prior incarceration, or other special
circumstances,
b. high mobility of the student population resulting from
the specific purpose of the charter school or virtual
charter school,
c. annual improvement in the performan ce of students
enrolled in the charter school or virtual charter
school compared with the performance of students
enrolled in the charter school or virtual charter
school in the immediately preceding school year, and
d. whether a majority of students atten ding the charter
school or virtual charter school under consideration
for closure would likely revert to attending public
schools with lower academic achievement, as
demonstrated pursuant to Section 1210.545 of this
title.
8. 7. If the State Board of Education has closed or transferred
authorization of at least twenty-five percent (25%) of the charter
schools chartered by one sponsor are closed within a five-year
period pursuant to paragraph 4 of this subsection, the authority of
the sponsor to authorize sponsor new charter schools may be
suspended by the Board Statewide Charter School Board until the
Board approves the sponsor to authorize sponsor new charter schools.
A determination under made pursuant to this paragraph to suspend the
authority of a sponsor to authorize new charter schools shall
identify the deficiencies that, if corrected, will result in the
approval of the sponsor to authorize sponsor new charter schools.
ENR. S. B. NO. 516 Page 47
H. I. If a sponsor terminates a contract or the charter school
or virtual charter school is closed, the closure shall be conducted
in accordance with the following protocol:
1. Within two (2) calendar weeks of a final closure
determination, the sponsor shall meet with the governing board and
leadership of the charter school or virtual charter school to
establish a transition team composed of school staff, applicant
staff, and others designated by the applicant that will attend to
the closure, including the transfer of students, student records,
and school funds;
2. The sponsor and transition team shall communicate regularly
and effectively with families of students enrolled in the charter
school or virtual charter school, as well as with school staff and
other stakeholders, to keep them apprised of key information
regarding the closure of the school and their options and risks;
3. The sponsor and transition team shall ensure that current
instruction of students enrolled in the charter school or virtual
charter school continues per the charter agreement contract for the
remainder of the school year;
4. The sponsor and transition team shall ensure that all
necessary and prudent notifications are issued to agencies,
employees, insurers, contractors, creditors, debtors, and management
organizations; and
5. The governing board of the chart er school or virtual charter
school shall continue to meet as necessary to take actions needed to
wind down school operations, manage school finances, allocate
resources, and facilitate all aspects of closure.
I. J. A sponsor including the Statewide Chart er School Board
shall develop revocation and nonrenewal processes that a re
consistent with the Oklahoma Charter Schools Act and that:
1. Provide the charter school or virtual charter school with a
timely notification of the prospect of revocation or nonre newal and
of the reasons for possible closure;
ENR. S. B. NO. 516 Page 48
2. Allow the charter sch ool or virtual charter school a
reasonable amount of time in which to prepare a response;
3. Provide the charter school or virtual charter school with an
opportunity to submit documents and give testimony in a public
hearing challenging the rationale for closure and in support of the
continuation of the school at an orderly proceeding held for that
purpose and prior to taking any final nonrenewal or revocation
decision related to the school;
4. Allow the charter school or virtual charter school access to
representation by counsel to call witnesses on its behalf;
5. Permit the recording of the proceedings; and
6. After a reasonable period for deliberation, require a final
determination be made and conveyed in writing to the charter school
or virtual charter school.
J. K. If a sponsor revokes or does not renew a charter
contract, the sponsor shall clearly state in a re solution the
reasons for the revocation or nonrenewal. If a charter is revoked
or nonrenewed, the charter school or virtual charter school sha ll
disclose the revocation or nonrenewal in any subsequent app lication.
K. 1. Before a sponsor may issue a charter to a charter school
governing body that has had its charte r terminated or has been
informed that its charter will not be renewed by the current
sponsor, the sponsor shall request to have the proposal reviewed by
the State Board of Education at a hearing. The State Board of
Education shall conduct a hearing in wh ich the sponsor shall present
information indicating that the proposal of the organizer is
substantively different in the areas of deficiency identified by the
current sponsor from the current proposal as set forth within the
charter with its current spons or.
2. After the State Board of Education conducts a hearing
pursuant to this subsection, the Board shall either approve or deny
the proposal.
3. If the proposal is denied, no sponsor may issue a charter to
the charter school governing body.
ENR. S. B. NO. 516 Page 49
L. If a charter contract is not renewed, the governing board of
the charter school may submit an application to a proposed new
sponsor as provided fo r in Section 3-134 of this title.
M. If a charter contract is not renewed or is terminated
according to this section, a student who attended the charter school
or virtual charter school may enroll in the resident school district
of the student or may a pply for a transfer in accordance with
Section 8-103 of this title the Education Open Transfer Act.
SECTION 9. AMENDATORY 70 O.S. 2021, Section 3-139, is
amended to read as follows:
Section 3-139. A. A sponsoring school district shall determine
whether a teacher who is employed by or teaching at a charter school
or virtual charter school and who was previously employed as a
teacher at the sponsoring public school district shall not lose any
right of salary status or any other benefit provided by law due to
teaching at a charter school or virtual charter school upon
returning to the sponsoring public school district to teach.
B. A teacher who is employed by or teaching at a charter school
or virtual charter school and who submits an employment application
to the school district where the teacher was employed immediately
before employment by or at a charter school or virtual charter
school shall be given employment preference by the school district
if:
1. The teacher submits an employment application to the school
district no later than three (3) years after ceasing employment with
the school district; and
2. A suitable position is available at the school district.
SECTION 10. AMENDATORY 70 O.S. 2021, Section 3-140, is
amended to read as follows:
Section 3-140. A. Except for a charter school sponsored by the
State Board of Education, a A charter school with a brick-and-mortar
school site or sites shall enroll those students whose legal
residence is within the boundaries of the school district in which
ENR. S. B. NO. 516 Page 50
the charter school is located and who submit a timely application,
or those students who transfer to the district in which the charter
school is located in accordance with Section 8-103 or 8-104 of this
title the Education Open Transfer Act, unless the number of
applications exceeds the capacity of a program, class, grade level,
or building. Students who reside in a school district where a
charter school is located shall not be required to obtain a transfer
in order to attend a charter school in the school district of
residence. If capacity is insufficient to enroll all eligible
students, the charter school shall select students through a lottery
selection process. Except for a charter school sponsored by the
State Board of Education, a A charter school shall give enrollment
preference to eligible students who reside within the boundaries of
the school district in which the charter school is located. Except
for a charter school sponsored by the State Board of Education, a
charter school created after November 1, 2010, shall give enrollment
preference to eligible students who reside within the boundaries of
the school district in which the charter school is located and who
attend a school site that has been identified as in need of
improvement by the State Board of Education pursuant to the
Elementary and Secondary Education Act of 1965, as amended or
reauthorized. A charter school may limit admission to st udents
within a given age group or grade level. A charter school sponsored
by the State Board of Education Statewide Charter School Board when
the applicant of the charter school is the Office of Juvenile
Affairs shall limit admission to youth that are in the custody or
supervision of the Office of Juvenile Affairs.
B. Except for a charter school sponsored by the State Board of
Education, a A brick-and-mortar charter school shall admit students
who reside in the attendance area of a school or in a school
district that is under a court order of desegregation or that is a
party to an agreement with the United States Department of Education
Office for Civil Rights directed towards mediating alleged or proven
racial discrimination unless notice is received from the resident
school district that admission of the student would violate the
court order or agreement.
C. A brick-and-mortar charter school may designate a specific
geographic area within the school district in which the charter
school is located as an academic enterprise zone and may l imit
admissions to students who reside within that area. An academic
ENR. S. B. NO. 516 Page 51
enterprise zone shall be a geographic area in which sixty percent
(60%) or more of the children who reside in the area qualify for the
free or reduced school lunch program.
D. Except as provided in subsections B and C of this section, a
charter school or virtual charter school shall not limit admission
based on ethnicity, national origin, gender, income level, disabling
condition, proficiency in the English language, measures of
achievement, aptitude, or athletic ability.
E. A sponsor of a charter school shall not restrict the number
of students a charter school may enroll, and the Statewide Charter
School Board shall not restrict the number of students a virtual
charter school or charter school may en roll. The capacity of the a
charter school or virtual charter school shall be determined
annually quarterly by the governing board of the charter school
based on the ability of the charter school to facilitate the
academic success of the students, to achieve the other objectives
specified in the charter contract, and to ensure that the student
enrollment does not exceed the capacity of its facility or site or
virtual charter school pursuant to the provisions of the Education
Open Transfer Act.
F. Beginning July 1, 2024, each statewide virtual charter
school which has been approved and sponsored by the Statewide
Charter School Board or any virtual charter school for which the
Board has assumed sponsorship as provided for in Section 1 of this
act shall be considered a statewide virtual charter school and the
geographic boundaries of each statewide virtual charter school shall
be the borders of the state.
H. Beginning July 1, 2024, students enrolled full-time in a
statewide virtual charter school sponsored by the Statewide Charter
School Board shall not be authorized to participate in any
activities administered by the Oklahoma Secondary School Activities
Association. However, the students may participate in intramural
activities sponsored by a statewide virtual charter school, an
online provider for the charter school, or any other outside
organization.
I. 1. Beginning July 1, 2024, a public school student who
wishes to enroll in a virtual charter school shall be considered a
ENR. S. B. NO. 516 Page 52
transfer student from his or her resident school district. A
virtual charter school shall pre-enroll any public school student
whose parent or legal guardian expresses intent to enroll in the
virtual charter school . Upon pre-enrollment, the State Department
of Education shall initiate a transfer on a form to be completed by
the receiving virtual charter school. Upon approval of the
receiving virtual charter school, the student may begin
instructional activities. Upon notice that a public school student
has transferred to a virtual charter school, the resident school
district shall transmit the student’s records within three (3)
school days.
2. The State Department of Education shall notify the
Legislature and Governor if it determines that the information
technology infrastructure necessary to process the transfer of
students to a virtual charter school is inadequate and additional
time is needed for implementation.
3. A public school student may transfer to one statewide
virtual charter school at any time during a school year. For
purposes of this subsection, “school year” shall mean July 1 through
the following June 30. After one statewide virtual charter school
transfer during a school year, no public school student shall be
permitted to transfer to any other statewide virtual charter school
without the concurrence of both the resident school district and the
receiving virtual charter school. A student shall have a grace
period of fifteen (15) school days from the first day of enrollment
in a statewide virtual charter school to withdraw without academic
penalty and shall continue to have the option of one virtual charter
school transfer without the concurrence of both the resident school
district and the receiving virtual charter school during that same
school year. A statewide virtual charter school student that has
utilized the allowable one transfer pursuant to this subsection
shall not be permitted to transfer to another school district or
another statewide virtual charter school without first notifying his
or her resident district and initiating a new transfer. Upon
cancellation of a transfer, the virtual charter school shall
transmit the student’s records to the student’s new school district
within three (3) school days. Students enrolled in a statewide
virtual charter school shall not be required to submit a virtual
charter transfer for consecutive years of enrollment. Any student
enrolled in a statewide virtual charter school the year prior to the
ENR. S. B. NO. 516 Page 53
implementation of this section shall not be required to submit a
transfer in order to remain enrolled.
J. 1. Beginning July 1, 2024, a student shall be eligible to
enroll in a statewide virtual charter school sponsored by the
Statewide Charter School Board pursuant to Section 1 of this act if
he or she is a student whose parent or legal guardian is transferred
or is pending transfer to a military installation within this state
while on active military duty pursuant to an official military
order.
2. A statewide virtual charter school shall accept applications
by electronic means for enrollment and course registration for
students described in paragraph 1 of this subsection.
3. The parent or legal guardian of a student described in
paragraph 1 of this subsection shall provide proof of residence in
this state within ten (10) days after the published arrival date
provided on official documentation. A parent or legal guardian may
use the following addresses as proof of residence:
a. a temporary on-base billeting facility,
b. a purchased or leased home or apartment, or
c. federal government or public-private venture off-base
military housing.
4. The provisions of paragraph 3 of subsection I shall apply to
students described in paragra ph 1 of this subsection.
5. For purposes of this subsection:
a. “active military duty” means full-time military duty
status in the active uniformed service of the United
States including members of the National Guard and
Military Reserve on active duty orders, and
b. “military installation” means a base, camp, post,
station, yard, center, homeport facility for any ship,
or other installation under the jurisdiction of the
ENR. S. B. NO. 516 Page 54
Department of Defense or the United States Coast
Guard.
SECTION 11. AMENDATORY 70 O.S. 2021, Section 3 -142, is
amended to read as follows:
Section 3-142. A. The student membership and attendance of the
a charter school shall be considered separate from the student
membership and attendance of the sponsor for the purpose of
calculating enrollment and funding including weighted average daily
membership pursuant to Section 18 -201.1 of this title and State Aid
pursuant to Section 18-200.1 of this title. A charter school shall
receive the State Aid allocation, federal funds to which it is
eligible and qualifies for , and any other state-appropriated revenue
generated by its stu dents for the applicable year. Not more than
three percent (3%) of the State Aid allocation may be charged by the
sponsor as a fee for administra tive services rendered if the sponsor
is a school district, a comprehensive or regional institution of
higher education, a two-year college, a private institution of
higher learning accredited pursuant to Section 4103 of this title,
or a federally recogniz ed Indian tribe pursuant to Section 3 -132 of
this title. The Statewide Charter School Board shall not charge any
charter school or virtual charter school a fee for a dministrative or
other services. The State Board of Education State Department of
Education shall determine the policy and procedure for making
payments to a charter school or virtual charter school. The fee for
administrative services as authorized i n this subsection shall only
be assessed on the State Aid allocation amount and shall not be
assessed on any other appropriated amounts. A sponsor of a charter
school shall not charge any additional State Aid allocation or
charge the charter school any additional fee above the amounts
allowed by this subsection unless the additional fees are for
additional services rendered. The charter school sponsor shall
provide to the State Department of Education financial records
documenting any state funds charged by the sponsor for
administrative services rendered for the previous year.
B. The fee for administrative services authorized by subsection
A of this section shall be used by the sponsor to provide oversight
and services to the charter schools it sponsors. T he State
Department of Education shall develop data codes for the Oklahoma
Cost Accounting System which shall be used to comply with the
ENR. S. B. NO. 516 Page 55
administrative services reporting required by this section. A
charter school sponsor shall publish a detailed report o n its
website and present the report in a public meeting of the charter
school governing board and the charter school sponsor governing
board. The report shall provide sponsor performance and stewardship
including compliance with all applicable laws, re gulations, and
terms of the charter contract and listing expenses related to
oversight and services provided by the sponsor to the charter
schools it sponsors.
1. The weighted average daily membership for the first year of
operation of a charter school shall be determined initially by
multiplying the actual enrollment of students as of August 1 by
1.333. The charter school shall receive revenue equal to that which
would be generated by the estimated weighted average daily
membership calculated pursuant to this paragraph. At midyear, the
allocation for the charter school shall be adjusted using the first
quarter weighted average daily membership for the charter school
calculated pursuant to subsection A of this section.
2. C. For the purpose of calculating weighted average daily
membership pursuant to Section 18-201.1 of this title and State Aid
pursuant to Section 18-200.1 of this title, the weighted average
daily membership for the first year of operation and each year
thereafter of a charter school or full-time statewide virtual
charter school sponsored by the Statewide Virtual Charter School
Board shall be determined by multiplying the actual enrollme nt of
students as of August 1 by 1.333. The full-time charter school or
virtual charter school shall receive revenue equal to that which
would be generated by the estimated weighted average daily
membership calculated pursuant to this paragr aph. At midyear, the
allocation for the full-time statewide charter school or virtual
charter school shall be adj usted using the first quarter weighted
average daily membership for the charter school or virtual charter
school calculated pursuant to subsection A of this section.
C. D. Except as explicitly authorized by state law, a charter
school or virtual charter school shall not be eligible to receive
state-dedicated, local, or county revenue; provided, a charter
school or virtual charter school may be eligible to receive any
other aid, grants, or revenues allowed to oth er schools. A charter
ENR. S. B. NO. 516 Page 56
school or virtual charter sc hool shall be considered a local
education agency for purposes of funding.
D. E. Any unexpended funds received by a charter school or
virtual charter school may be reserved and used for future purposes.
The governing body board of a charter school or virtual charter
school shall not levy taxes or issue bonds. If otherwise allowed by
law, the governing body board of a charter school or virtual charter
school may enter into private cont racts for the purposes of
borrowing money from lenders. If the governing body board of the
charter school or virtual charter school borrows money, the charter
school or virtual charter school shall be solely respons ible for
repaying the debt, and the state or the sponsor sha ll not in any way
be responsible or obligated to repay the debt.
E. F. Any charter school or virtual charter school which
chooses to lease property shall be eligible to rece ive current
government lease rates.
F. G. Except as otherwise provided in this subsection, each
charter school shall pay to the Charter School Closure Reimbursement
Revolving Fund created in subsection G H of this section an amount
equal to Five Dollars ($5.0 0) per student based on average daily
membership, as defined by paragraph 2 of Section 18-107 of this
title, during the first nine (9) weeks of the school year. Each
charter school shall complete the payment every school year within
thirty (30) days after the first nine (9) weeks of the school year.
If the Charter School Closure Reimbursement Revolving Fund has a
balance of One Million Dollars ($1,000,000.00) or more on July 1, no
payment shall be required the following school year.
G. H. There is hereby created in the State Treasury a revolving
fund for the State Department of Education Statewide Charter School
Board to be designated the “Charter School Closure Reimbursement
Revolving Fund”. The fund shall be a cont inuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the State Department of Education Statewide Charter School Board
from charter schools as provided in subsection F G of this section.
All monies accruing to the credit of said the fund are hereby
appropriated and may be budgeted and expended by the State
Department of Education Statewide Charter School Board for the
purpose of reimbursing charter school sponsors for costs paying for
ENR. S. B. NO. 516 Page 57
expenditures incurred due to the closure of a charter s chool.
Expenditures from said the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law
with the Director of the Office of Management and Enterprise
Services for approval and payment. The State Department of
Education may promulgate rules regarding sponsor eligibility for
reimbursement.
SECTION 12. AMENDATORY 70 O.S. 2021, Section 3-143, is
amended to read as follows:
Section 3-143. The State Board of Education Statewide Charter
School Board shall issue an annual report to the Legislature and the
Governor outlining the status of charter schools and virtual charter
schools in the state. Each charter school and virtual charter
school shall annually file a report with the Office of
Accountability. The report Statewide Charter School Board that
shall include such information as requested by the Office of
Accountability, Board including but not limited to information on
enrollment, testing, curriculum, finances, and employees.
SECTION 13. AMENDATORY 70 O.S. 2021, Section 3 -144, is
amended to read as follows:
Section 3-144. A. There is hereby created in the State
Treasury a fund to be designated the “Charter Schools Incentive
Fund”. The fund shall be a continuing fund, not subject t o fiscal
year limitations, and shall consist of all monies appropriated by
the Legislature, gifts, grants, devises, and donations from any
public or private source. The State Department of Education
Statewide Charter School Board shall administer the fund for the
purpose of providing financial support to charter school and virtual
charter school applicants and charter schools and virtual charter
schools for start-up costs and costs associated with renovating or
remodeling existing buildings and structures for use by a charter
school. The State Department of Education Statewide Charter School
Board is authorized to allocate funds on a per-pupil basis for
purposes of providing matching funds for the federal State Charter
School Facilities Incentive Grants Pr ogram created pursuant to the
No Child Left Behind Act, 20 USCA, Section 7221d.
ENR. S. B. NO. 516 Page 58
B. The State Board of Education Statewide Charter School Board
shall adopt rules to implement the provisions of this section,
including application and notification requiremen ts.
SECTION 14. AMENDATORY 70 O.S. 2021, Section 3-145.5, as
amended by Section 2, Chapter 1 53, O.S.L. 2022 (70 O.S. Supp. 2022,
Section 3-145.5), is amended to read as follows:
Section 3-145.5. A. Notwithstanding any other provision of
law, beginning July 1, 2014, no school district shall enter into a
virtual charter school contract with a pro vider to provide full-time
virtual education to students who do not reside within the sch ool
district boundaries.
B. Effective July 1, 2014, the Sta tewide Virtual Charter School
Board shall succeed to any contractual rights and responsibilities
incurred by a school district in a virtual charter school contract
executed prior to January 1, 201 4, with a provider to provide full -
time virtual education to students who do not reside within the
school district boundaries. All property, equipment, supplies,
records, assets, current and future liability, encumbrances,
obligations, and indebtedness associated with the contract shall be
transferred to the State wide Virtual Charter School Board.
Appropriate conveyances and other documents shall be executed to
effectuate the transfer of any property associated with the
contract. Upon succession of the contract, the Board shall assume
sponsorship of the virtual c harter school for the remainder of the
term of the contract. Prior to the end of the current term of the
contract, the Board shall allow the provider of the virtual charter
school to apply for re newal of the contract with the Boar d in
accordance with the renewal procedures established pursuant to
Section 3-145.3 of this title.
SECTION 15. AMENDATORY 70 O.S. 2021, Section 3-145.7, is
amended to read as follows:
Section 3-145.7. There A. Until July 1, 2024, there is hereby
created in the State Treasury a revolving fund for the Statewide
Virtual Charter School Board to be designated the “Statewide Virtual
Charter School Board Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Statewide Virtual Charter
ENR. S. B. NO. 516 Page 59
School Board from State Aid pursuant to Section 3-145.3 of Title 70
of the Oklahoma Statutes this title or any other state
appropriation. All monies accruing to the credit of the fu nd are
hereby appropriated and ma y be budgeted and expended by the
Statewide Virtual Charter School Board for the purpose of supporting
the mission of the Statewide Virtual Charter School Board.
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
B. On July 1, 2024, the Statewide Virtual Charter School Board
shall transfer any unencumber ed funds in the Statewide Virtual
Charter School Board Revolving Fund to the Statewide Charter School
Board Revolving Fund created pursuant to Section 3 of this act. Any
funds which are unexpended on January 1, 2025, shall be transferred
to the Statewide Charter School Board R evolving Fund.
SECTION 16. AMENDATORY 70 O.S. 2021, Section 3-145.8, is
amended to read as follows:
Section 3-145.8. A. It shall be the duty of each virtual
charter school approved and sponsored by the Statewide Virtual
School Board pursuant to the provisions of Section 3-145.3 of Title
70 of the Oklahoma Statutes Statewide Charter School Board to keep a
full and complete record of the attendance of all students enrolled
in the virtual charter school in one of the student information
systems approved by the State Department of Education and locally
selected by the virtual school from the approved list.
B. By July 1, 2020, the governing body board of each virtual
charter school shall adopt an attendance policy. The policy may
allow attendance to be a proportional amount of the required
attendance policy provisions based upon the date of enrollment of
the student. The attendance policy shall include the following
provisions:
1. The first date of attendance and membership shall be the
first date the student comple tes an instructional activity.
2. A student who attends a virtual charter school shall be
considered in attendance for a quarter if the student:
ENR. S. B. NO. 516 Page 60
a. completes instructional activities on no less than
ninety percent (90%) of the days within the quarter,
b. is on pace for on-time completion of the course as
defined by the governing board of the virtual charter
school, or
c. completes no less than seventy-two instructional
activities within the quarter of the academic year.
3. For a student who does not meet any of the criteria set
forth in paragraph 1 or 2 of this subsection, the amount of
attendance recorded shall be the greater of:
a. the number of school days during which the student
completed the instructional activities during the
quarter,
b. the number of school days proportional to the
percentage of the course that has been completed, or
c. the number of school days proportional to the
percentage of the required minimum number of completed
instructional activities during the quarter.
C. For the purposes of this section, “instructional activities”
shall include instructional meetings with a teacher, completed
assignments that are used to record a grade for a student that is
factored into the student’s grade for the semester during which the
assignment is completed, testing and, school-sanctioned field trips,
and orientation.
D. Each statewide virtual charter school approved and sponsored
by the Statewide Virtual Charter School Board pursuant to the
provisions of Section 3-145.3 of this title Statewide Charter School
Board shall offer a student orientation, notify the parent or legal
guardian and each student who enrolls in that school of the
requirement to participate in the student orientation, and require
all students enrolled to complete the student or ientation prior to
completing any other instructional activity. The Statewide Virtual
ENR. S. B. NO. 516 Page 61
Charter School Board Statewide Charter School Board shall promulgate
rules to develop materials for orientation.
E. Any student that is behind pace and does not complete an
instructional activity for a fifteen-school-day period shall be
withdrawn for truancy. The virtual charter school shall submit a
notification to the parent or legal guardian of a student who has
been withdrawn for truancy or is approaching truancy.
F. A student who is reported for truancy two times in the same
school year shall be withdrawn and prohibited from enrolling in the
same virtual charter school for the remainder of the school year.
G. The governing body board of each statewide virtual char ter
school shall develop, adopt, and post on the school’s website a
policy regarding consequences for a student’s failure to attend
school and complete instructional activities. The policy shall
state, at a minimum, that if a student fails to consistently attend
school and complete instructional activities after receiving a
notification pursuant to subsection E of this section and reasonable
intervention strategies have been implemented, a student shall be
subject to certain consequences including withdraw al from the school
for truancy.
H. If a statewide virtual charter school withdraws a student
pursuant to subsections F and G of this section, the virtual charter
school shall immediately notify the student’s resident district in
writing of the student ’s disenrollment.
I. The provisions of subsections F, G and H of this section
shall not be in effect until the implementation of subsection H of
Section 3-145.3 of this title.
J. The Statewide Virtual Charter School Board Statewide Charter
School Board may promulgate rules to implement the provisions of
this section.
SECTION 17. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-145.9 of Title 70, unless
there is created a duplication in numbering, re ads as follows:
ENR. S. B. NO. 516 Page 62
Beginning with the 2024-2025 school year, members of a charter
school sponsor governing board shall designate a representative from
the board to complete an annual sponsor workshop requirement
provided by the Statewide Charter School Board . The sponsor
workshop shall include, but not be limited to, informat ion regarding
the Oklahoma Charter Schools Act, charter school governance,
Internal Revenue Service rules for nonprofits , and school finance
laws.
SECTION 18. AMENDATORY 70 O.S. 2021, Section 5-200, is
amended to read as follows:
Section 5-200. A. As used in this section, “educational
management organization” means a for-profit or nonprofit
organization that receives public funds to provide administration
and management services for a charter school, statewide virtual
charter school, or traditional public school.
B. A charter school, virtual charter school, or public school
that contracts with an educational management organizati on shall use
the Oklahoma Cost Accounting System (OCAS) to report the total
amount paid to an educational management organization pursuant to
the terms of the contract as well as actual itemized expenditure
information for the goods or services provided by the management
organization as defined by OCAS expenditure codes, including the
total compensation package of the superintendent including the base
salary, insurance, retirement, and other fringe benefits.
C. Any Pursuant to Internal Revenue Service guidelines, any
owner of an educational management organization shall be required to
disclose to the governing board of the school, charter school, or
virtual charter school in a public meeting any ownership position in
any business that contracts or proposes to contract with the same
public school that the educational management organization is
managing.
D. Whenever any person shall enter into a contract with any
school district or, public charter school, or virtual charter school
in the state to teach in such the school district or public charter
school, the contract shall be binding on the teacher an d on the
board of education until the teacher legally has been discharged
from the teaching position or released by the board of education
ENR. S. B. NO. 516 Page 63
from the contract. Except as provided in Section 5-106A of Title 70
of the Oklahoma Statutes this title, until such the teacher has been
thus discharged or released, the teacher shall not have authority to
enter into a contract with any other board of education i n Oklahoma
this state for the same time covered by the original contract. If
upon written complaint by the board of education in of a school
district, public charter school, or virtual charter school any
teacher is reported to have fai led to obey the terms of the contract
previously made and to hav e entered into a contract with another
board of education, including a public charter school board of
education, without having been released from the former contract
except as provided in Sec tion 5-106A of Title 70 of the Oklahoma
Statutes this title, the teacher, upon being found to be employed
full-time for another public school, including a public charter
school in the state, at a hearing held before the State Board of
Education, shall have such teacher’s certificate suspended for the
remainder of the term for which the contract was made.
SECTION 19. AMENDATORY 70 O.S. 2021, Section 18-124, is
amended to read as follows:
Section 18-124. A. Any school district with an average daily
attendance (ADA) of more than one thousand five hundred (1,500)
students for the preceding year which expends for administrative
services in the 2005-06 school year or any school year thereafter,
less expenditures for legal services, more than five percent (5%) of
the amount it expends for total expend itures, less expenditures for
legal services, shall have the amount which exceeds the five percent
(5%) withheld the following year from the Foundation and Salary
Incentive Aid for the school district.
B. Any school distric t with an average daily attendan ce (ADA)
of more than five hundred (500) students but not more than one
thousand five hundred (1,500) students for the preceding year which
expends for administrative services in the 2005-06 school year or
any school year thereafter, less expenditures for legal services,
more than seven percent (7%) of the amount it expends for total
expenditures, less expenditures for legal services, shall have the
amount which exceeds the seven percent (7%) withheld the following
year from the Foundation and Salary Incent ive Aid for the school
district.
ENR. S. B. NO. 516 Page 64
C. Any school district with an average daily attendance (ADA)
of five hundred (500) or fewer students for the preceding year which
expends for administrative services in the 2005-06 school year or
any school year thereafte r, less expenditures for legal services,
more than eight percent (8%) of the amount it expends for total
expenditures, less expenditures for legal services, shall have the
amount which exceeds the eight percent (8%) withheld the following
year from the Foundation and Salary Incentive Aid for the school
district.
D. The provisions of this section shall apply to school
districts, charter schools, and virtual charter schools which
contract with an educational manag ement organization as defined in
Section 5-200 of this title. The expenditure limits shall not
exceed the percentages prescribed in subsections A, B, and C of this
section, and the calculation of administrative services for schools
which contract with an educational management organizat ion shall be
the combined amount of administrative services expended by the
school and the educational management organization.
E. For purposes of this section, “administrative services”
means costs associated with:
1. Staff for the board of education;
2. The secretary/clerk for the b oard of education;
3. Staff relations;
4. Negotiations staff;
5. Immediate staff of the superintendent, any elementary
superintendent, or any assistant superintendent;
6. Any superintendent , elementary superintendent, or assistant
superintendent;
7. Any employee of a school district employed as a director,
coordinator, supervisor, or who has responsibility for
administrative functions of a school district; and
8. Any consultant hired by th e school district; and
ENR. S. B. NO. 516 Page 65
9. Administrative services paid to an ed ucational management
organization as defined in Section 5-200 of this title.
E. F. If an employee of a school district is employed in a
position where part of the employee’s time is spent as an
administrator and part of the time is spent in nonadministrative
functions, the percentage of time spent as an administrator shall be
included as administrative services. A superintendent who spends
part of the time performing exempted nonadministrativ e services such
as teaching in the classroom, serving as a principal, counselor, or
library media specialist, can code up to forty percent (40%) of
their salary to other nonadministrative functions. The total amount
of time a superintendent of a school di strict spends performing
services for a school district shall be included as administrative
services even if part of the time the superintendent is performing
nonexempted nonadministrative service functions. The total amount
received by a superintendent from the school district as salary, for
the performance of administrative and nonexempted nonadministrative
services, shall be recorded under the code for superintendent salary
as provided for in the Oklahoma Cost Accounting System.
F. G. Each school site within a school district shall t ake
steps to ensure that the administrative costs for the school comply
with the expenditure limits established for school districts in this
section.
G. H. Funds withheld pursuant to the provisions of this section
shall be distributed through the State Ai d formula to the districts
not so penalized.
H. I. For the 2003-04 and 2004-05 school year, school districts
shall report to the State Department of Education the costs
associated with administrative services for the school district as
defined in subsection D E of this section.
SECTION 20. AMENDATORY 70 O.S. 2021, Section 1210.704,
is amended to read as follows:
Section 1210.704. A. Beginning with the 2024–2025 school year,
all public high schools in this state shall make a minimum of four
advanced placement courses available to students.
ENR. S. B. NO. 516 Page 66
B. Local School district boards of education in each district
shall be responsible for ensuring annually that all high school
students have access to advanced place ment courses beginning in the
2024-2025 school year. Such access may be provided through
enrollment in courses offered through:
1. A school site or sites within the district;
2. A career and technology institution technology center school
within the district;
3. A An online learning program offered by the Statewide
Virtual Charter School Board Statewide Charter School Board or one
of its vendors; or
4. A school site or sites in another school district.
C. The Statewide Virtual Charter School Board Statewide Charter
School Board shall maintain an online learning platform to provide
high quality online learning opportunities for Oklahoma students
that are aligned with the subject matter standards adopted by the
State Board of Education pursuant to Sectio n 11-103.6 of Title 70 of
the Oklahoma Statutes this title. The Board shall implement online
courses, with an emphasis on science, technology, engineering, and
math (STEM) courses, foreign language courses, and advanced
placement courses. The online plat form shall be available to all
Oklahoma school districts.
D. The State Department of Education shall provide information
to all local boards of education, to be distributed to their
students and parents, on available opportunities and the enrollment
process for students to take advanced placement cour ses. The
information shall explain the value of advanced placement courses in
preparing students for postsecondary-level coursework, enabling
students to gain access to postsecondary opportunities, and
qualifying for scholarships and other financial aid o pportunities.
E. The State Department of Education shall retain records of
which options outlined in subsection B of this section local boards
of education selected for their students and make the information
available on the Department’s website.
ENR. S. B. NO. 516 Page 67
F. As used in this section, “advanced placement course” shall
have the same meaning as provided in paragraph 1 of Section 1210.702
of Title 70 of the Oklahoma Statutes this title.
SECTION 21. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-145.10 of Title 70, unless
there is created a duplication in numb ering, reads as follows:
The provisions of the Oklahoma Charter Schools Act are severable
and if any part or provision shall be held void , the decision of the
court so holding shall no t affect or impair any of the remaining
parts or provisions of the Oklahoma Charter Schools Act.
SECTION 22. REPEALER 70 O.S. 2021, Sections 3-135, 3-
145.1, 3-145.2, 3-145.3, and 3-145.4, are hereby repealed.
SECTION 23. Sections 1, 2, 3, and 21 of this act shall become
effective September 1, 2023.
SECTION 24. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, 17, 18, 19, 20, and 22 of this act shall become effective July
1, 2024.
ENR. S. B. NO. 516 Page 68
Passed the Senate the 25th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 25th day of May, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________