Req. No. 10556 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) HOUSE BILL 1226 By: West (Kevin) AS INTRODUCED An Act relating to charter schools; amending Section 2, Chapter 323, O.S.L. 2023, and 70 O.S. 2021, Sections 3-134, as last amended by Section 6, Chapter 323, O.S.L. 2023, and 3 -136, as amended by Section 7, Chapter 323, O.S.L. 2023(70 O.S. Supp. 2024, Sections 3-132.2, 3-134, and 3-136), which relate to the Oklahoma Charter Schools Act; modifying definitions; specifying who may contr act with a sponsor to operate a charter school; eliminating provisions related to sectarian and religious prohibitions; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY Section 2, Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2024, Section 3 -132.2), is amended to read as follows: Section 3-132.2. 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 Req. No. 10556 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 sponsor, recommend legislation pertaining to cha rter 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 laws and training requirements for all charter schools, virtual charte r schools, and sponsors; 3. Establish a procedure for accepting, approving, a nd disapproving charter school and statewide virtual charter school applications and a process for renewal or revocation of approved charter contracts which meet the procedures s et forth in the Oklahoma Charter Schools Act; 4. Hire an Executive Director and other staff for its operation; 5. Prepare a budget for expenditures necessary for the proper maintenance of the Board and accomplishment of its purpose; 6. Comply with the r equirements of the Oklahoma Open Meeting Act and Oklahoma Open Records Act; an d 7. Give priority to opening charter schools and virtual charter schools that serve at -risk student populations or students from low - performing traditional public schools. B. The State Board of Education shall be responsible for accreditation of charter schools and virtual charter schools and ensure compliance with special education laws and federal laws and programs administered by the State Board of Education. Req. No. 10556 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 a public or private contractor operating under contract with a school district board of education, a higher education institution, an institution of higher learning accredited pursuant to Section 4103 of Title 70 of the Oklahoma Statutes, a federally recognized Indian tribe, or the Statewide Charter School Board, to provide learning that will improve student achievement and 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. 2. A charter school may consist of a new school site, new school sites, or all or any portion of an existing school s ite. An entire school district may not become a charter school site. D. 1. For the purposes of the Oklahoma Charter Schools Act, "conversion school" means a school created by converting all or any Req. No. 10556 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 part of a traditional public school in order to access a ny or all flexibilities afforded to a charter school; provided, however, all or any part of a traditional 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 school 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 c harter school as defined in subsection C of this section. The provisions of S ections 3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply Req. No. 10556 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to a conversion school. Conversion schools shall comply with the same laws and State Board of Educat ion rules relating to student 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 co nversion of the school. 4. The board of education of a school district may vo te to revert a conversion school back to a traditional 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 traditional public school. E. 1. Beginning July 1, 2024, the Statewide Charter School 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 ar e 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 Req. No. 10556 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 a nd 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 2. AMENDATORY 70 O.S. 2021, Sec tion 3-134, as last amended by Section 6, Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2024, Section 3-134), is amended to read as follows: Section 3-134. A. For written application s filed after July 1, 2024, prior to submission of the application to a proposed sponsor seeking to establish a c harter school or to the Statewide Charter School Board to establish a virtual charter school, the applicant shall be required to complete train ing which shall not exceed ten (10) hours provided by the Statewide Charter Sc hool Board on the process and requirements for establishing a charter school or virtual charter school. The sponsor of a charter school that enters into a new or renewed sponsor ship contract on or after July 1, 2024, shall be required to complete training provided by the Statewide Charter School Board or an organization approved by the Statewide Charter School Board on the oversight duties of the sponsor. The Board shall develop and implement the training and publish a list of Req. No. 10556 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 organizations approved to pr ovide training by July 1, 2024. The Board and organizations approved by the Board may provide the training in any format and manner determined to be efficient and effective including, but not limited to, web -based training. B. Except as otherwise provided for in Section 3 -137 of this title, an applicant seeking to establish a virtual charter school shall submit a written application to the Statewide Charter School Board, and an applicant seeking to establish a charter school shall submit a written applica tion to the proposed sponsor as 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 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 officers or persons who shall have primary responsibility for the finances of the charter school or virtual charter school. Such person shall have demonstrated experience in school finance or the equivalent thereof; 4. A description of the hiring policy of the charter school or virtual charter school; Req. No. 10556 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. The name of the applicant or applicants and requested sponsor; 6. A description of the facility and location of the char ter school; 7. A description of the grades being served; 8. An outline of cr iteria designed to measure the effectiveness of the charter school or virtual charter school; 9. Documentation that the applicants completed training as set forth in subsection A of this section; 10. A description of the minimum and maximum enrollment planned per year for each term of the charter contract; 11. The proposed calendar for the charter school or virtual charter school and sample daily schedule; 12. Unless otherwise authorized by law or regulation, a description of the academic program aligne d with state standards; 13. A description of the instructional design of the charter school or virtual charter school including the type of learning environment, class size and structure, curriculum overview, and teaching methods; 14. The plan for using internal and external assessments to measure and report student progress on the performance framework developed by the applicant in accordance with Section 3 -136 of this title; Req. No. 10556 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 15. The plans for identifying and successfully serving students with disabilities, students who are English language learners, and students who are academically behind; 16. A description of cocurricular or extracurricular programs and how they will be fun ded and delivered; 17. Plans and time lines for student recruitment and enrollment including lottery procedures; 18. The student discipline policies for the charter school or virtual charter school including those for special education students; 19. An organizational chart that clearly 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 bodies such as advisory bodies or parent and teacher councils, and any external organizations that will play a role in managing the school; 20. A clear description of the roles and responsibilities for the governing board, the leadership and management team for the charter school or virtual charter school, and any other entities shown in the organizational chart; 21. The leadership and teacher employment policies for the charter school or virtual charter school; 22. Proposed governing bylaws; Req. No. 10556 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23. Explanations of any partnerships or contractual partnerships central to the operations or mission of the charter school or virtual charter school; 24. The plans for providing transportation, food service, and all other significant operational or ancillary services; 25. Opportunities and expectations for parental involvement; 26. A detailed school start -up plan that identifies ta sks, time lines, and responsible individuals; 27. A description of the financial plan and policies for the charter school or virtual charter school including financial controls and audit requirements; 28. A description of the insurance coverage the charter school or virtual charter school will obtain; 29. Start-up and five-year budgets with clearly stated assumptions; 30. Start-up and first-year cash-flow projections with clea rly stated assumptions; 31. Evidence of anticipated fundraising contributions , if claimed in the application; 32. A sound facilities plan including backup or contingency plans if appropriate; 33. A requirement that the charter school or virtual charter school governing board meet no fewer than ten (10) months of the year in the state and that for those charter schools outside of Req. No. 10556 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 counties with a population of five hundred thousand (500,000) or more, that a minimum of two (2) members are residents within t he geographic boundary of the charter school; 34. A requirement that the char ter 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 governing board of a charter school or virtual charter school and an educational management organization, as defined 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 scho ol district, public body, public or private college or university, private per son, or private organization may contract with a sponsor to establish operate a charter school or virtual charter school. A An operating private school shall not be eligible to contract for a charter school or virtual charter school under the provisions of the Oklahoma Charter Schools Act. D. The sponsor of a charter school is the board of education of a school district, a higher education institution, a private institution of higher learning 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 Statewide Charter School Board. Any sponsor authorized pursuant to subsection A of Section 3 -132 of this title Req. No. 10556 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 may sponsor one or more charter schools. The physical location of a charter school sponsored by a board of education of a school district shall be within the boundaries of the sponsoring school district. The physical location of a charter school sponsored by the Statewide Charter School Board pursuant to paragraph 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 state shall be submitted first to the school district in which the 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 s chool application is denied, nothing shall prohibit an applicant from submitting a revised application to the school district board of education, which shall approve or deny the revised application within 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 subsection 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) days of receipt of the application. If the proposed sponsor rejects the application, it shall notify the applicant in writing of the reasons Req. No. 10556 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 for the rejection. The applicant may submit a revised application for reconsideration to the proposed sponsor within thirty (30) days after receiving notification of the rejection. The proposed sponsor shall accept or reject the r evised application within thirty (30) days of its receipt. 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 the virtual charter school within ninety (90) days of receipt of the application. If the application is rejected, the Statewide Charter School Board shall notify the applicant in writing of the reasons for the rejection. The applicant may submit a revised applica tion for reconsideration to the Statewide Charter school School Board within thirty (30) days after receiving notification of the rejection. The Statewide Charter School Board shall accept or reject the revised application within thirty (30) days of its receipt. F. A board of education of a school district, a higher education institution, a private institution of higher learning accredited pursuant to Section 4103 of this title, or a federally recognized Indian tribe shall notify the State Board of Educat ion 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. Req. No. 10556 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. Applicants for charter schools and virtual charter schools proposed to be sponsored by the Statewide Charter School Board may, upon rejection of a revised application, proceed to binding arbitration under the commercial rules of the American Arbitration Association with costs of the arbitration to be borne by the applicant. H. If a board of education of a school district, a higher education institution, a private institution of higher learning accredited pursuant to Section 4103 of this title, or a federally recognized Indian tribe accepts sponsorship of a charter school, the administrative, fiscal, and oversight responsibilities of the school district, the higher education institution, the private institution of higher learning accredited pursuant to Section 4103 of this title, or the federally recognized Indian tribe shall be listed in the contract. No administrative, fiscal, or oversight responsibilities of a c harter school shall be delegated to a school district unless the school district agrees to enter into a contract to assume the responsibilities. I. A sponsor of a public charter school shall have the following powers and duties over charter schools it sponsors, and the Statewide Charter School Board shall have the following powers and duties over the charter schools and virtual charter schools it sponsors: Req. No. 10556 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Provide services an d oversight of the operations of charter schools or virtual charter schools in the state through annual performance reviews and reauthorization; 2. Solicit and evaluate charter applications; 3. Approve quality charter applications that meet identified educational needs and promote a diversity of educational choices; 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 o r virtual charter school and an educational management organization, as defined by section Section 5-200 of this title; 7. Monitor, in accordance with charter contract terms, th e performance and legal compliance of charter schools and virtual charter schools; and 8. Determine whether each charter contract merits renewal, nonrenewal, or revocation. J. Sponsors shall establish a procedure for accepting, approving, and disapprovin g charter school applications in accordance with subsection E of this section. The Statewide Charter School Board shall post its application, application process, and application time frames on the Board 's website. Req. No. 10556 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 K. Sponsors including the Statewide Cha rter School Board shall develop and maintain chartering policies and practices consistent with recognized principles and standards for quality charter sponsoring in all major areas of sponsoring responsibility including organizational capacity and infrastr ucture, soliciting and evaluating charter school and virtual charter school ap plications, performance contracting, ongoing charter school and virtual charter school 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 3. AMENDATORY 70 O.S. 2021, Section 3 -136, as amended by Section 7, Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2024, Section 3-136), is amended to read as follows: Section 3-136. A. Beginning July 1, 2024, a written contract entered into between the Statewide Charter School Board and the governing board of a charte r school or statewide virtual charter school or a written contract entered into between a sponsor and the governing board of a charter school shall ensure compliance with the following: 1. 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 Req. No. 10556 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 school districts; provided, however, a charter school or virtual charter school shall comply with all federal regulations and st ate 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 comp ly 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 s chool 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 compreh ensive program of instruction for a prekindergarten program, a kindergarten pr ogram, or any grade between grades one and twelve. Instruction may be provided to all persons between four (4) and twenty -one (21) years of age. A charter school or virtual cha rter school may offer a curriculum which emphasizes a specific learning 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 Req. No. 10556 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 specifically address 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. 3. 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 scho ol shall also provide any necessary data to the Office of Accountability within the State Department of Education; 5. 4. A charter school 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 the State Department of Req. No. 10556 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 through the State Department of Education or other sour ces; 6. 5. 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; 7. 6. A charter school or virtual charter school shall pro vide for a governing 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 no 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 ch arter 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 limite d to Sections 5-113 and 5-124 of this title. Members appointed 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 ed ucation and pursuant to Section 5 -110 of Req. No. 10556 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; 8. 7. 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 organized charter school site or by a virtual charter school; 9. 8. A charter school or v irtual charter school shall be as equally free and open to all students as tra ditional public schools and shall not charge tuition or fees; 10. 9. A charter school or virtual charter school shall provide instruction each year for at least the number of da ys or hours required in Section 1 -109 of this title; 11. 10. A charter school or virtual charter school shall comply with the student suspension requirements provided for in Section 24 - 101.3 of this title; 12. 11. A charter school or virtual charter scho ol shall be considered a school district for purposes of tort liability under The Governmental Tort Claims Act; 13. 12. Employees of a charter school or virtual charter school may participate as members of the Teachers ' Retirement System of Oklahoma in accordance with applicable statutes and rules if otherwise allowed pursuant to law; Req. No. 10556 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 14. 13. A charter school or virtual charter school may participate in all health and related insurance programs available to employees of a public school district; 15. 14. A charter school or virtual charter school and their respective governing boar ds shall comply with the Oklahoma Open Meeting Act and the Oklahoma Open Records Act; 16. 15. The governing board of a charter school or virtual charter school shall notify the sponsor within ten (10) business days in the instance of any significant adverse actions, material findings of noncompliance, or pending actions, claims, or proceedings in this state relating to the charter school, the virtual charter school, or an educati onal management organization with which the charter school or virtual charter school has a contract; 17. 16. 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 expe nditures shall include functional categories as defined in rules adopted by th e State Board of Education to implement the Oklahoma Cost Accounting System pursuant to Section 5-145 of this title. Charter schools and virtual charter Req. No. 10556 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 schools shall not be per mitted to submit estimates of expenditures or prorated amounts to fulfill the requirements of this paragraph; and 18. 17. A charter school or virtual charter school contract shall include performance provisions based on a performance framework that clearl y 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 implementing 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 administrative efforts or allow a charter school or virtual charter school to provide permission t o 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 indic ators: a. student academic proficiency, b. student academic growth, Req. No. 10556 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. achievement gaps in both proficiency and growth between major student subgroups, d. student attendance, e. recurrent enrollment from year to year as determined by the methodology used f or public schools in Oklahoma, f. in the case of high schools, graduation rates as determined by the methodology used for public schools in Oklahoma, g. in the case of high schools, postsecondary readiness, h. financial performance and sustainability and compliance with state and Internal Revenue Service financial reporting requirem ents, i. audit findings or deficiencies, j. accreditation and timely reporting, k. governing board performance and stewardship including compliance with all applicable laws, regu lations, 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 pr esented to the governing board of the charter Req. No. 10556 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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 purpos es of this subsection, "separate and distinct" shall mean that a charter schoo l or virtual charter school governing board with oversight of more than one charter school or virtual charter school shall not combine accounting, budgeting, recordkeeping, admis sions, 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. 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 Req. No. 10556 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 leave. The contract shall a lso 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 v irtual 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 accorda nce 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 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. D. The charter of a charter school or virtual charter school may be amended at the request of the governing board of the charter Req. No. 10556 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 school or virtual charter school and upon the approval of the sponsor. E. A charter school or virtual charter school may enter into contracts and sue and be sued. F. The governing board of a charter school or virtual charter school shall not levy taxes or issue b onds. 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. G. The charter of a cha rter 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 chart er or failure of the charter school 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 sponsor. If a charter school that was previously 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 purchased with state or local funds for use in the operation of the Req. No. 10556 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 charter school until termination of the new charter or failure of the charter school to continue operations. SECTION 4. This act shall become effective November 1, 2025. 60-1-10556 SW 12/19/24