OK
Oklahoma House Bill HB1226

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1226 Compare Versions

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2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 60th Legislature (2025)
3131
3232 HOUSE BILL 1226 By: West (Kevin)
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3838 AS INTRODUCED
3939
4040 An Act relating to charter schools; amending Section
4141 2, Chapter 323, O.S.L. 2023, and 70 O.S. 2021,
4242 Sections 3-134, as last amended by Section 6, Chapter
4343 323, O.S.L. 2023, and 3 -136, as amended by Section 7,
44-Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2024,
45-Sections 3-132.2, 3-134, and 3-136), which relate to
46-the Oklahoma Charter Schools Act; modifying
47-definitions; specifying who may cont ract with a
48-sponsor to operate a charter school; eliminating
49-provisions related to sectarian and religious
50-prohibitions; and providing an effective date.
44+Chapter 323, O.S.L. 2023(70 O.S. Supp. 2024, Sections
45+3-132.2, 3-134, and 3-136), which relate to the
46+Oklahoma Charter Schools Act; modifying definitions;
47+specifying who may contr act with a sponsor to operate
48+a charter school; eliminating provisions related to
49+sectarian and religious prohibitions; and providing
50+an effective date.
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5656 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5757 SECTION 1. AMENDATORY Section 2, Chapter 323, O.S.L.
5858 2023 (70 O.S. Supp. 2024, Section 3 -132.2), is amended to read as
5959 follows:
6060 Section 3-132.2. A. Beginning July 1, 2024, and subject to the
6161 requirements of the Oklahoma Charter Schools Act, the Statewide
6262 Charter School Board shall:
6363 1. Provide supervision, services, and oversight of the
6464 operations of statewide virtual charter schools in this state and
6565 charter schools for which the Statewide Charter School Board is the
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9292 sponsor, recommend legislation pertaining to cha rter schools to the
9393 Legislature, and promulgate rules and policies that the Board deems
9494 necessary to accomplish the purposes prescribed in this section;
9595 2. Ensure compliance with state laws and training requirements
9696 for all charter schools, virtual charte r schools, and sponsors;
9797 3. Establish a procedure for accepting, approving, a nd
9898 disapproving charter school and statewide virtual charter school
9999 applications and a process for renewal or revocation of approved
100100 charter contracts which meet the procedures s et forth in the
101101 Oklahoma Charter Schools Act;
102102 4. Hire an Executive Director and other staff for its
103103 operation;
104104 5. Prepare a budget for expenditures necessary for the proper
105105 maintenance of the Board and accomplishment of its purpose;
106106 6. Comply with the r equirements of the Oklahoma Open Meeting
107107 Act and Oklahoma Open Records Act; an d
108108 7. Give priority to opening charter schools and virtual charter
109109 schools that serve at -risk student populations or students from low -
110110 performing traditional public schools.
111111 B. The State Board of Education shall be responsible for
112112 accreditation of charter schools and virtual charter schools and
113113 ensure compliance with special education laws and federal laws and
114114 programs administered by the State Board of Education.
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141141 C. 1. For purposes of the Oklahoma Charter Schools Act,
142142 "charter school" means:
143143 a. prior to July 1, 2024, a public school established by
144144 contract with a school district board of education, a
145145 technology center school district, a higher education
146146 institution, a federally recognized Indian tribe, or
147147 the State Board of Education, and
148148 b. on July 1, 2024, and after, a public school
149149 established by a public or private contractor
150150 operating under contract with a school district board
151151 of education, a higher education institution, an
152152 institution of higher learning accredited pursuant to
153153 Section 4103 of Title 70 of the Oklahoma Statutes, a
154154 federally recognized Indian tribe, or the Statewide
155155 Charter School Board,
156156 to provide learning that will improve student achievement and as
157157 defined in the Elementary and Secondary Education Act of 1965, as
158158 reauthorized by P.L. No. 114 -95, also known as the Every Student
159159 Succeeds Act.
160160 2. A charter school may consist of a new school site, new
161161 school sites, or all or any portion of an existing school s ite. An
162162 entire school district may not become a charter school site.
163163 D. 1. For the purposes of the Oklahoma Charter Schools Act,
164164 "conversion school" means a school created by converting all or any
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191191 part of a traditional public school in order to access a ny or all
192192 flexibilities afforded to a charter school; provided, however, all
193193 or any part of a traditional public school shall not be converted to
194194 a virtual charter school.
195195 2. Prior to the board of education of a school district
196196 converting all or any part of a traditional public school to a
197197 conversion school, the board shall prepare a conversion plan. The
198198 conversion plan shall include documentation that demonstrates and
199199 complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
200200 19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3 -134
201201 of Title 70 of the Oklahoma Statutes. The conversion plan and all
202202 documents shall be in writing and shall be available to the public
203203 pursuant to the requirements of the Oklahoma Open Records Act. All
204204 votes by the board of education of a school district to approve a
205205 conversion plan shall be held in an open public session. If the
206206 board of education of a school district votes to approve a
207207 conversion plan, the board shall notify the State Board of Education
208208 within sixty (60) days after the vote. The notification shall
209209 include a copy of the minutes for the board meeting at which the
210210 conversion plan was approved.
211211 3. A conversion school shall comply with all the same
212212 accountability measures as are required of a c harter school as
213213 defined in subsection C of this section. The provisions of S ections
214214 3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply
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241241 to a conversion school. Conversion schools shall comply with the
242242 same laws and State Board of Educat ion rules relating to student
243243 enrollment which apply to traditional public schools. Conversion
244244 schools shall be funded by the board of education of the school
245245 district as a school site within the school district and funding
246246 shall not be affected by the co nversion of the school.
247247 4. The board of education of a school district may vo te to
248248 revert a conversion school back to a traditional public school at
249249 any time; provided, the change shall only occur during a break
250250 between school years.
251251 5. Unless otherwise provided for in this subsection, a
252252 conversion school shall retain the characteristics of a traditional
253253 public school.
254254 E. 1. Beginning July 1, 2024, the Statewide Charter School
255255 Board shall make publicly available a list of supplemental online
256256 courses which have been reviewed and certified by the Board to
257257 ensure that the courses ar e high-quality options and are aligned
258258 with the subject matter standards adopted by the State Board of
259259 Education pursuant to Section 11 -103.6 of Title 70 of the Oklahoma
260260 Statutes. The Statewide Charter School Board shall give special
261261 emphasis on listing supplemental online courses in science,
262262 technology, engineering, and math (STEM), foreign language, and
263263 advanced placement courses. School districts shall not be limited
264264 to selecting supplemental online courses that have been reviewed and
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291291 certified by the Statewide Charter School Board and listed as
292292 provided for in this paragraph.
293293 2. In conjunction with the Office of Management and Enterprise
294294 Services, the Board shall negotiate a nd enter into contracts with
295295 supplemental online course providers to offer a state rate price to
296296 school districts for supplemental online courses that have been
297297 reviewed and certified by the Statewide Charter School Board and
298298 listed as provided for in this subsection.
299299 SECTION 2. AMENDATORY 70 O.S. 2021, Sec tion 3-134, as
300300 last amended by Section 6, Chapter 323, O.S.L. 2023 (70 O.S. Supp.
301301 2024, Section 3-134), is amended to read as follows:
302302 Section 3-134. A. For written application s filed after July 1,
303303 2024, prior to submission of the application to a proposed sponsor
304304 seeking to establish a c harter school or to the Statewide Charter
305305 School Board to establish a virtual charter school, the applicant
306306 shall be required to complete train ing which shall not exceed ten
307307 (10) hours provided by the Statewide Charter Sc hool Board on the
308308 process and requirements for establishing a charter school or
309309 virtual charter school. The sponsor of a charter school that enters
310310 into a new or renewed sponsor ship contract on or after July 1, 2024,
311311 shall be required to complete training provided by the Statewide
312312 Charter School Board or an organization approved by the Statewide
313313 Charter School Board on the oversight duties of the sponsor. The
314314 Board shall develop and implement the training and publish a list of
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341341 organizations approved to pr ovide training by July 1, 2024. The
342342 Board and organizations approved by the Board may provide the
343343 training in any format and manner determined to be efficient and
344344 effective including, but not limited to, web -based training.
345345 B. Except as otherwise provided for in Section 3 -137 of this
346346 title, an applicant seeking to establish a virtual charter school
347347 shall submit a written application to the Statewide Charter School
348348 Board, and an applicant seeking to establish a charter school shall
349349 submit a written applica tion to the proposed sponsor as provided for
350350 in subsection E of this section. The application shall include:
351351 1. A mission statement for the charter school or virtual
352352 charter school;
353353 2. A description including, but not limited to, background
354354 information of the organizational structure and the governing board
355355 of the charter school or virtual charter school;
356356 3. A financial plan for the first five (5) years of operation
357357 of the charter school or virtual charter school and a description of
358358 the treasurer or other officers or persons who shall have primary
359359 responsibility for the finances of the charter school or virtual
360360 charter school. Such person shall have demonstrated experience in
361361 school finance or the equivalent thereof;
362362 4. A description of the hiring policy of the charter school or
363363 virtual charter school;
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390390 5. The name of the applicant or applicants and requested
391391 sponsor;
392392 6. A description of the facility and location of the char ter
393393 school;
394394 7. A description of the grades being served;
395395 8. An outline of cr iteria designed to measure the effectiveness
396396 of the charter school or virtual charter school;
397397 9. Documentation that the applicants completed training as set
398398 forth in subsection A of this section;
399399 10. A description of the minimum and maximum enrollment planned
400400 per year for each term of the charter contract;
401401 11. The proposed calendar for the charter school or virtual
402402 charter school and sample daily schedule;
403403 12. Unless otherwise authorized by law or regulation, a
404404 description of the academic program aligne d with state standards;
405405 13. A description of the instructional design of the charter
406406 school or virtual charter school including the type of learning
407407 environment, class size and structure, curriculum overview, and
408408 teaching methods;
409409 14. The plan for using internal and external assessments to
410410 measure and report student progress on the performance framework
411411 developed by the applicant in accordance with Section 3 -136 of this
412412 title;
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439439 15. The plans for identifying and successfully serving students
440440 with disabilities, students who are English language learners, and
441441 students who are academically behind;
442442 16. A description of cocurricular or extracurricular programs
443443 and how they will be fun ded and delivered;
444444 17. Plans and time lines for student recruitment and enrollment
445445 including lottery procedures;
446446 18. The student discipline policies for the charter school or
447447 virtual charter school including those for special education
448448 students;
449449 19. An organizational chart that clearly presents the
450450 organizational structure of the charter school or virtual charter
451451 school, including lines of authority and reporting between the
452452 governing board, staff, any related bodies such as advisory bodies
453453 or parent and teacher councils, and any external organizations that
454454 will play a role in managing the school;
455455 20. A clear description of the roles and responsibilities for
456456 the governing board, the leadership and management team for the
457457 charter school or virtual charter school, and any other entities
458458 shown in the organizational chart;
459459 21. The leadership and teacher employment policies for the
460460 charter school or virtual charter school;
461461 22. Proposed governing bylaws;
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488488 23. Explanations of any partnerships or contractual
489489 partnerships central to the operations or mission of the charter
490490 school or virtual charter school;
491491 24. The plans for providing transportation, food service, and
492492 all other significant operational or ancillary services;
493493 25. Opportunities and expectations for parental involvement;
494494 26. A detailed school start -up plan that identifies ta sks, time
495495 lines, and responsible individuals;
496496 27. A description of the financial plan and policies for the
497497 charter school or virtual charter school including financial
498498 controls and audit requirements;
499499 28. A description of the insurance coverage the charter school
500500 or virtual charter school will obtain;
501501 29. Start-up and five-year budgets with clearly stated
502502 assumptions;
503503 30. Start-up and first-year cash-flow projections with clea rly
504504 stated assumptions;
505505 31. Evidence of anticipated fundraising contributions , if
506506 claimed in the application;
507507 32. A sound facilities plan including backup or contingency
508508 plans if appropriate;
509509 33. A requirement that the charter school or virtual charter
510510 school governing board meet no fewer than ten (10) months of the
511511 year in the state and that for those charter schools outside of
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538538 counties with a population of five hundred thousand (500,000) or
539539 more, that a minimum of two (2) members are residents within t he
540540 geographic boundary of the charter school;
541541 34. A requirement that the char ter school or virtual charter
542542 school follow the requirements of the Oklahoma Open Meeting Act and
543543 Oklahoma Open Records Act; and
544544 35. A copy of any proposed contract between the governing board
545545 of a charter school or virtual charter school and an educational
546546 management organization, as defined by Section 5 -200 of this title,
547547 which meets the requirements of the Oklahoma Charter Schools Act.
548548 C. A board of education of a public scho ol district, public
549549 body, public or private college or university, private per son, or
550550 private organization may contract with a sponsor to establish
551551 operate a charter school or virtual charter school. A An operating
552552 private school shall not be eligible to contract for a charter
553553 school or virtual charter school under the provisions of the
554554 Oklahoma Charter Schools Act.
555555 D. The sponsor of a charter school is the board of education of
556556 a school district, a higher education institution, a private
557557 institution of higher learning accredited pursuant to Section 4103
558558 of this title, a federally recognized Indian tribe which meets the
559559 criteria established in Section 3 -132 of this title, or beginning
560560 July 1, 2024, the Statewide Charter School Board. Any sponsor
561561 authorized pursuant to subsection A of Section 3 -132 of this title
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588588 may sponsor one or more charter schools. The physical location of a
589589 charter school sponsored by a board of education of a school
590590 district shall be within the boundaries of the sponsoring school
591591 district. The physical location of a charter school sponsored by
592592 the Statewide Charter School Board pursuant to paragraph 6 of
593593 subsection A of Section 3 -132 of this title shall be in the school
594594 district in which the application originated.
595595 E. 1. Beginning July 1, 2024, any application seeking to
596596 establish a charter school in this state shall be submitted first to
597597 the school district in which the proposed charter school is to be
598598 located. The school district board of education shall approve or
599599 deny the application within sixty (60) days of receipt of the
600600 application. If the charter s chool application is denied, nothing
601601 shall prohibit an applicant from submitting a revised application to
602602 the school district board of education, which shall approve or deny
603603 the revised application within sixty (60) days of receipt of the
604604 application.
605605 2. An applicant for a charter school that has been denied
606606 pursuant to paragraph 1 of this subsection may submit an application
607607 to a proposed sponsor listed in paragraphs 2 through 6 of subsection
608608 A of Section 3-132 of this title, which shall either accept or
609609 reject sponsorship of the charter school within ninety (90) days of
610610 receipt of the application. If the proposed sponsor rejects the
611611 application, it shall notify the applicant in writing of the reasons
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638638 for the rejection. The applicant may submit a revised application
639639 for reconsideration to the proposed sponsor within thirty (30) days
640640 after receiving notification of the rejection. The proposed sponsor
641641 shall accept or reject the r evised application within thirty (30)
642642 days of its receipt.
643643 3. Beginning July 1, 2024, an applicant for a virtual charter
644644 school shall submit an application to the Statewide Charter School
645645 Board, which shall either accept or reject sponsorship of the
646646 virtual charter school within ninety (90) days of receipt of the
647647 application. If the application is rejected, the Statewide Charter
648648 School Board shall notify the applicant in writing of the reasons
649649 for the rejection. The applicant may submit a revised applica tion
650650 for reconsideration to the Statewide Charter school School Board
651651 within thirty (30) days after receiving notification of the
652652 rejection. The Statewide Charter School Board shall accept or
653653 reject the revised application within thirty (30) days of its
654654 receipt.
655655 F. A board of education of a school district, a higher
656656 education institution, a private institution of higher learning
657657 accredited pursuant to Section 4103 of this title, or a federally
658658 recognized Indian tribe shall notify the State Board of Educat ion
659659 and the Statewide Charter School Board when it accepts sponsorship
660660 of a charter school. The notification shall include a copy of the
661661 charter of the charter school.
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688688 G. Applicants for charter schools and virtual charter schools
689689 proposed to be sponsored by the Statewide Charter School Board may,
690690 upon rejection of a revised application, proceed to binding
691691 arbitration under the commercial rules of the American Arbitration
692692 Association with costs of the arbitration to be borne by the
693693 applicant.
694694 H. If a board of education of a school district, a higher
695695 education institution, a private institution of higher learning
696696 accredited pursuant to Section 4103 of this title, or a federally
697697 recognized Indian tribe accepts sponsorship of a charter school, the
698698 administrative, fiscal, and oversight responsibilities of the school
699699 district, the higher education institution, the private institution
700700 of higher learning accredited pursuant to Section 4103 of this
701701 title, or the federally recognized Indian tribe shall be listed in
702702 the contract. No administrative, fiscal, or oversight
703703 responsibilities of a c harter school shall be delegated to a school
704704 district unless the school district agrees to enter into a contract
705705 to assume the responsibilities.
706706 I. A sponsor of a public charter school shall have the
707707 following powers and duties over charter schools it sponsors, and
708708 the Statewide Charter School Board shall have the following powers
709709 and duties over the charter schools and virtual charter schools it
710710 sponsors:
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737737 1. Provide services an d oversight of the operations of charter
738738 schools or virtual charter schools in the state through annual
739739 performance reviews and reauthorization;
740740 2. Solicit and evaluate charter applications;
741741 3. Approve quality charter applications that meet identified
742742 educational needs and promote a diversity of educational choices;
743743 4. Decline to approve weak or inadequate charter applications;
744744 5. Negotiate and execute sound charter contracts with each
745745 approved public charter school or virtual charter school;
746746 6. Approve or deny proposed contracts between the governing
747747 board of a charter school o r virtual charter school and an
748748 educational management organization, as defined by section Section
749749 5-200 of this title;
750750 7. Monitor, in accordance with charter contract terms, th e
751751 performance and legal compliance of charter schools and virtual
752752 charter schools; and
753753 8. Determine whether each charter contract merits renewal,
754754 nonrenewal, or revocation.
755755 J. Sponsors shall establish a procedure for accepting,
756756 approving, and disapprovin g charter school applications in
757757 accordance with subsection E of this section. The Statewide Charter
758758 School Board shall post its application, application process, and
759759 application time frames on the Board 's website.
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786786 K. Sponsors including the Statewide Cha rter School Board shall
787787 develop and maintain chartering policies and practices consistent
788788 with recognized principles and standards for quality charter
789789 sponsoring in all major areas of sponsoring responsibility including
790790 organizational capacity and infrastr ucture, soliciting and
791791 evaluating charter school and virtual charter school ap plications,
792792 performance contracting, ongoing charter school and virtual charter
793793 school oversight and evaluation, and charter contract renewal
794794 decision-making.
795795 L. Sponsors acting in their official capacity shall be immune
796796 from civil and criminal liability with respect to all activities
797797 related to a charter school with which they contract.
798798 SECTION 3. AMENDATORY 70 O.S. 2021, Section 3 -136, as
799799 amended by Section 7, Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2024,
800800 Section 3-136), is amended to read as follows:
801801 Section 3-136. A. Beginning July 1, 2024, a written contract
802802 entered into between the Statewide Charter School Board and the
803803 governing board of a charte r school or statewide virtual charter
804804 school or a written contract entered into between a sponsor and the
805805 governing board of a charter school shall ensure compliance with the
806806 following:
807807 1. Except as provided for in the Oklahoma Charter Schools Act,
808808 a charter school and virtual charter school shall be exempt from all
809809 statutes and rules relating to schools, boards of education, and
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836836 school districts; provided, however, a charter school or virtual
837837 charter school shall comply with all federal regulations and st ate
838838 and local rules and statutes relating to health, safety, civil
839839 rights, and insurance. By January 1, 2000, the State Department of
840840 Education shall prepare a list of relevant rules and statutes which
841841 a charter school and virtual charter school must comp ly with as
842842 required by this paragraph and shall annually provide an update to
843843 the list;
844844 2. A charter school shall be nonsectarian in its programs,
845845 admission policies, employment practices, and all other operations.
846846 A sponsor may not authorize a charter s chool or program that is
847847 affiliated with a nonpublic sectarian school or religious
848848 institution;
849849 3. The charter contract shall provide a description of the
850850 educational program to be offered. A charter school or virtual
851851 charter school may provide a compreh ensive program of instruction
852852 for a prekindergarten program, a kindergarten pr ogram, or any grade
853853 between grades one and twelve. Instruction may be provided to all
854854 persons between four (4) and twenty -one (21) years of age. A
855855 charter school or virtual cha rter school may offer a curriculum
856856 which emphasizes a specific learning philosophy or style or certain
857857 subject areas such as mathematics, science, fine arts, performance
858858 arts, or foreign language. The charter of a charter school or
859859 virtual charter school which offers grades nine through twelve shall
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886886 specifically address whether the charter school or virtual charter
887887 school will comply with the graduation requirements established in
888888 Section 11-103.6 of this title. No charter school shall be
889889 chartered for the purpose of offering a curriculum for deaf or blind
890890 students that is the same or similar to the curriculum being
891891 provided by or for educating deaf or blind students that are being
892892 served by the Oklahoma School for the Blind or the Oklahoma School
893893 for the Deaf;
894894 4. 3. A charter school or virtual charter school shall
895895 participate in the testing as required by the Oklahoma School
896896 Testing Program Act and the reporting of test results as is required
897897 of a school district. A charter school or virtual charter scho ol
898898 shall also provide any necessary data to the Office of
899899 Accountability within the State Department of Education;
900900 5. 4. A charter school or virtual charter school shall be
901901 subject to the same reporting requirements, financial audits, audit
902902 procedures, and audit requirements as a school district. The State
903903 Department of Education or State Auditor and Inspector may conduct
904904 financial, program, or compliance audits. The Statewide Charter
905905 School Board may request that the State Auditor and Inspector
906906 conduct a financial, program, or compliance audit for any charter
907907 school or virtual charter school it oversees. A charter school or
908908 virtual charter school shall use the Oklahoma Cost Accounting System
909909 to report financial transactions to the State Department of
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936936 Education. The charter school or virtual charter school shall be
937937 subject to the limitations on spending, including provisions of the
938938 Oklahoma Constitution, for any funds received from the state, either
939939 through the State Department of Education or other sour ces;
940940 6. 5. A charter school or virtual charter school shall comply
941941 with all federal and state laws relating to the education of
942942 children with disabilities in the same manner as a school district;
943943 7. 6. A charter school or virtual charter school shall pro vide
944944 for a governing board for the school which shall be responsible for
945945 the policies and operational decisions of the charter school or
946946 virtual charter school. All of the charter school or virtual
947947 charter school governing board members shall be residents of this
948948 state and shall meet no fewer than ten (10) months of the year in a
949949 public meeting within the boundaries of the school district in which
950950 the charter school is located or within this state if the governing
951951 board oversees multiple charter schools in this state or oversees a
952952 virtual charter school. The governing board of a ch arter school or
953953 virtual charter school shall be subject to the same conflict of
954954 interest requirements as a member of a school district board of
955955 education including but not limite d to Sections 5-113 and 5-124 of
956956 this title. Members appointed to the governing board of a charter
957957 school or virtual charter school shall be subject to the same
958958 instruction and continuing education requirements as a member of a
959959 school district board of ed ucation and pursuant to Section 5 -110 of
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986986 this title shall complete twelve (12) hours of instruction within
987987 fifteen (15) months of appointment to the governing board and
988988 pursuant to Section 5 -110.1 of this title shall attend continuing
989989 education;
990990 8. 7. A charter school or virtual charter school shall not be
991991 used as a method of generating revenue for students who are being
992992 home schooled and are not being educated at an organized charter
993993 school site or by a virtual charter school;
994994 9. 8. A charter school or v irtual charter school shall be as
995995 equally free and open to all students as tra ditional public schools
996996 and shall not charge tuition or fees;
997997 10. 9. A charter school or virtual charter school shall provide
998998 instruction each year for at least the number of da ys or hours
999999 required in Section 1 -109 of this title;
10001000 11. 10. A charter school or virtual charter school shall comply
10011001 with the student suspension requirements provided for in Section 24 -
10021002 101.3 of this title;
10031003 12. 11. A charter school or virtual charter scho ol shall be
10041004 considered a school district for purposes of tort liability under
10051005 The Governmental Tort Claims Act;
10061006 13. 12. Employees of a charter school or virtual charter school
10071007 may participate as members of the Teachers ' Retirement System of
10081008 Oklahoma in accordance with applicable statutes and rules if
10091009 otherwise allowed pursuant to law;
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10361036 14. 13. A charter school or virtual charter school may
10371037 participate in all health and related insurance programs available
10381038 to employees of a public school district;
10391039 15. 14. A charter school or virtual charter school and their
10401040 respective governing boar ds shall comply with the Oklahoma Open
10411041 Meeting Act and the Oklahoma Open Records Act;
10421042 16. 15. The governing board of a charter school or virtual
10431043 charter school shall notify the sponsor within ten (10) business
10441044 days in the instance of any significant adverse actions, material
10451045 findings of noncompliance, or pending actions, claims, or
10461046 proceedings in this state relating to the charter school, the
10471047 virtual charter school, or an educati onal management organization
10481048 with which the charter school or virtual charter school has a
10491049 contract;
10501050 17. 16. No later than September 1 each year, the governing
10511051 board of each charter school or virtual charter school formed
10521052 pursuant to the Oklahoma Charter Schools Act shall prepare a
10531053 statement of actual income and expenditures for the charter school
10541054 or virtual charter school for the fiscal year that ended on the
10551055 preceding June 30, in a manner compliant with Section 5 -135 of this
10561056 title. The statement of expe nditures shall include functional
10571057 categories as defined in rules adopted by th e State Board of
10581058 Education to implement the Oklahoma Cost Accounting System pursuant
10591059 to Section 5-145 of this title. Charter schools and virtual charter
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10861086 schools shall not be per mitted to submit estimates of expenditures
10871087 or prorated amounts to fulfill the requirements of this paragraph;
10881088 and
10891089 18. 17. A charter school or virtual charter school contract
10901090 shall include performance provisions based on a performance
10911091 framework that clearl y sets forth the academic and operational
10921092 performance indicators that shall be used by charter school and
10931093 virtual charter school sponsors to evaluate their respective
10941094 schools. The sponsor may develop a separate performance framework
10951095 to evaluate a charter school or virtual charter school that has been
10961096 designated by the State Department of Education as implementing an
10971097 alternative education program throughout the school. The sponsor
10981098 shall require a charter school or virtual charter school to submit
10991099 the data required in this subsection in the identical format that is
11001100 required by the State Department of Education of all public schools
11011101 in order to avoid duplicative administrative efforts or allow a
11021102 charter school or virtual charter school to provide permission t o
11031103 the Department to share all required data with the Board. The
11041104 performance framework shall serve as the minimum requirement for
11051105 charter school and virtual charter school performance evaluation and
11061106 shall include, but not be limited to, the following indic ators:
11071107 a. student academic proficiency,
11081108 b. student academic growth,
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11351135 c. achievement gaps in both proficiency and growth
11361136 between major student subgroups,
11371137 d. student attendance,
11381138 e. recurrent enrollment from year to year as determined
11391139 by the methodology used f or public schools in
11401140 Oklahoma,
11411141 f. in the case of high schools, graduation rates as
11421142 determined by the methodology used for public schools
11431143 in Oklahoma,
11441144 g. in the case of high schools, postsecondary readiness,
11451145 h. financial performance and sustainability and
11461146 compliance with state and Internal Revenue Service
11471147 financial reporting requirem ents,
11481148 i. audit findings or deficiencies,
11491149 j. accreditation and timely reporting,
11501150 k. governing board performance and stewardship including
11511151 compliance with all applicable laws, regu lations, and
11521152 terms of the charter contract, and
11531153 l. mobility of student population for the virtual charter
11541154 school framework.
11551155 The sponsor including the Statewide Charter School Board shall
11561156 annually evaluate its charter schools or virtual charter schools
11571157 according to the performance framework. The results of the
11581158 evaluation shall be pr esented to the governing board of the charter
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11851185 school or virtual charter school and the governing board of the
11861186 charter school sponsor in an open meeting.
11871187 B. An applicant or the g overning board of an applicant may hold
11881188 one or more charter contracts. Each charter school or virtual
11891189 charter school that is part of a charter contract shall be separate
11901190 and distinct from any other charter school or virtual charter
11911191 school. For the purpos es of this subsection, "separate and
11921192 distinct" shall mean that a charter schoo l or virtual charter school
11931193 governing board with oversight of more than one charter school or
11941194 virtual charter school shall not combine accounting, budgeting,
11951195 recordkeeping, admis sions, employment, or policies and operational
11961196 decisions of the charter schools or virtual charter schools it
11971197 oversees.
11981198 C. The charter contract of a charter school or virtual charter
11991199 school shall include a description of the personnel policies,
12001200 personnel qualifications, and method of school governance. A
12011201 charter school or virtual charter school shall not enter into an
12021202 employment contract with any teacher or other personnel until a
12031203 contract has been executed with its sponsor. The employment
12041204 contract shall set forth the personnel policies of the charter
12051205 school or virtual charter school including, but not limited to,
12061206 policies related to certification, professional development,
12071207 evaluation, suspension, dismissal and nonreemployment, sick leave,
12081208 personal business leave, emergency leave, and family and medical
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12351235 leave. The contract shall a lso specifically set forth the salary,
12361236 hours, fringe benefits, and work conditions. The contract may
12371237 provide for employer -employee bargaining, but the charter school or
12381238 virtual charter school shall not be required to comply with the
12391239 provisions of Sections 509.1 through 509.10 of this title.
12401240 Upon contracting with any teacher or other personnel, the
12411241 governing board of a charter school or virtual charter school shall,
12421242 in writing, disclose employment rights of the employees in the event
12431243 the charter school or v irtual charter school closes or the charter
12441244 contract is not renewed.
12451245 No charter school or virtual charter school may begin serving
12461246 students without a contract executed in accorda nce with the
12471247 provisions of the Oklahoma Charter Schools Act and approved in an
12481248 open meeting of the governing board of the sponsor or the Statewide
12491249 Charter School Board. The governing board of the sponsor or the
12501250 Statewide Charter School Board may establish reasonable preopening
12511251 requirements or conditions to monitor the start -up progress of newly
12521252 approved charter schools or virtual charter schools and ensure that
12531253 each brick-and-mortar school is prepared to open smoothly on the
12541254 date agreed and to ensure that each school meets all building,
12551255 health, safety, insurance, and other legal requirements for the
12561256 opening of a school.
12571257 D. The charter of a charter school or virtual charter school
12581258 may be amended at the request of the governing board of the charter
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12851285 school or virtual charter school and upon the approval of the
12861286 sponsor.
12871287 E. A charter school or virtual charter school may enter into
12881288 contracts and sue and be sued.
12891289 F. The governing board of a charter school or virtual charter
12901290 school shall not levy taxes or issue b onds. A school district that
12911291 proposes a bond shall include any charter school established
12921292 pursuant to subsection A of Section 3 -132 of this title and located
12931293 within the school district in planning conversations regarding the
12941294 bond.
12951295 G. The charter of a cha rter school or virtual charter school
12961296 shall include a provision specifying the method or methods to be
12971297 employed for disposing of real and personal property acquired by the
12981298 charter school or virtual charter school upon expiration or
12991299 termination of the chart er or failure of the charter school or
13001300 virtual charter school to continue operations. Except as otherwise
13011301 provided, any real or personal property purchased with state or
13021302 local funds shall be retained by the sponsor. If a charter school
13031303 that was previously sponsored by the board of education of a school
13041304 district continues operation within the school district under a new
13051305 charter sponsored by an entity authorized pursuant to Section 3 -132
13061306 of this title, the charter school may retain any personal property
13071307 purchased with state or local funds for use in the operation of the
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13341334 charter school until termination of the new charter or failure of
13351335 the charter school to continue operations.
13361336 SECTION 4. This act shall become effective November 1, 2025.
13371337
13381338 60-1-10556 SW 12/19/24