| 40 | 35 | | |
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| 41 | 36 | | |
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| 42 | 37 | | |
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| 43 | 38 | | An Act relating to schools; amending 70 O.S. 2021, |
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| 44 | 39 | | Section 3-104.4, which relates to accreditation |
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| 45 | 40 | | standards; adding deficiencies to standards; |
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| 46 | 41 | | clarifying terms; prohibiting certain changes to |
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| 47 | 42 | | accreditation status before opportunity for hearing |
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| 48 | 43 | | is given; permitting school districts to request a |
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| 49 | 44 | | hearing on accreditation recommendations; providing |
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| 50 | 45 | | hearing notice requirements; providing request |
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| 51 | 46 | | timeline; directing th e State Department of Education |
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| 52 | 47 | | to promulgate rules; providing an effective date; and |
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| 53 | 48 | | declaring an emergency. |
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| 54 | 49 | | |
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| 55 | 50 | | |
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| 56 | 51 | | |
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| 57 | 54 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 58 | 55 | | SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -104.4, is |
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| 59 | 56 | | amended to read as follows: |
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| 60 | 57 | | Section 3-104.4. A. The State Board of Education shall adopt |
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| 61 | 58 | | standards for the accreditation of the public schools in this state |
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| 62 | 59 | | according to the requirements of Section 3 -104.3 et seq. of this |
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| 63 | 60 | | title, to be effective as set forth i n Section 3-104.3 et seq. of |
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| 64 | 61 | | this title. The accreditation standards shall incorporate the |
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| 65 | 62 | | curricular standards established pursuant to Section 11 -103.6 of |
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| 66 | 63 | | this title. The accreditation standards shall equal or exceed |
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| 95 | 91 | | standards are consistent with an academic results oriented approach |
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| 96 | 92 | | to accreditation. The accreditation adopted by the State Board |
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| 97 | 93 | | shall encompass accreditation for elementary schools, middle |
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| 98 | 94 | | schools, junior high schools, and high schools. The accreditation |
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| 99 | 95 | | standards shall be made available for public inspection at the |
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| 100 | 96 | | offices of the State Department of Education. |
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| 101 | 97 | | B. Standards for accreditation adopted by the State Board of |
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| 102 | 98 | | Education shall include standards relating to th e provision of |
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| 103 | 99 | | school counselors to the public school children of this state. The |
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| 104 | 100 | | State Board of Education shall require each local school district to |
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| 105 | 101 | | provide information regarding the number of counselors serving each |
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| 106 | 102 | | school site, the duties of all such counselors including all |
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| 107 | 103 | | administrative duties, the number of students served by each |
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| 108 | 104 | | counselor, and informat ion regarding the number of counselors |
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| 109 | 105 | | employed per elementary school, middle school, junior high school |
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| 110 | 106 | | and high school. |
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| 111 | 107 | | C. 1. Except as otherwise provided, schools shall meet the |
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| 112 | 108 | | accreditation standards as a condition of continued accreditation. |
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| 113 | 109 | | Nothing herein shall be construed as preventing changes to the |
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| 114 | 110 | | adopted standards by the State Board of Education pursuant to the |
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| 115 | 111 | | Administrative Procedur es Act. |
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| 146 | 141 | | 3. The Department State Department of Education shall |
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| 147 | 142 | | investigate a complaint o f failure to provide educational services |
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| 148 | 143 | | or failure to comply with accreditation standards within thirty (30) |
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| 149 | 144 | | days of receiving the complaint. If the Department State Department |
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| 150 | 145 | | of Education determines that a school has failed to comply with the |
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| 151 | 146 | | accreditation standards, the Department shall report the recommended |
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| 152 | 147 | | deficiency, warning, probation or nonaccredited accreditation status |
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| 153 | 148 | | to the State Board of Education within ninety (90) days. Before the |
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| 154 | 149 | | State Board of Education may change a school district' s |
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| 155 | 150 | | accreditation status from a warning to probation, or from probation |
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| 156 | 151 | | to non-accredited based on a recommendation by the State Department |
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| 157 | 152 | | of Education as described in this paragraph, the school district |
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| 158 | 153 | | shall be given an opportunity to request a hearing befor e the State |
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| 159 | 154 | | Board of Education pursuant to the due process procedures adopted by |
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| 160 | 155 | | the Board as provided for in this subsection. The State Board of |
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| 161 | 156 | | Education shall send the applicable school district notice of a |
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| 162 | 157 | | right to a hearing within ten (10) working da ys of receiving the |
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| 163 | 158 | | recommendations. The hearing shall be conducted by the State Board |
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| 164 | 159 | | of Education. All notices shall be sent by certified mail, with the |
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| 165 | 160 | | postmark used to determine the timeliness of the notice. If the |
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| 166 | 161 | | school district fails to request a hearing within ten (10) working |
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| 196 | 190 | | 4. If a school district does not request a due process hearing |
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| 197 | 191 | | within ten (10) working days notice from the Board, and the school |
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| 198 | 192 | | or school district does not take action to comply with the |
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| 199 | 193 | | accreditation standards within ninety (90) days after a report is |
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| 200 | 194 | | filed by the Department, the Board shall withdraw accreditation for |
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| 201 | 195 | | the school. |
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| 202 | 196 | | 5. The State Board of Education shall promulgate rules |
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| 203 | 197 | | regarding notice and hearing of accreditation status pursuant to |
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| 204 | 198 | | this section and in accordance with the Administ rative Procedures |
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| 205 | 199 | | Act. |
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| 206 | 200 | | 6. The State Board of Education accreditation regulations rules |
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| 207 | 201 | | shall provide for warnings and for assistance to schools an d school |
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| 208 | 202 | | districts whenever there is reason to believe a school is in danger |
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| 209 | 203 | | of losing its state accreditation. |
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| 210 | 204 | | D. If one or more school sites fail to receive accreditation as |
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| 211 | 205 | | required pursuant to this section or subsequently lose |
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| 212 | 206 | | accreditation, the State Board of Education shall close the school |
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| 213 | 207 | | and reassign the students to accredited schools within the distric t |
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| 214 | 208 | | or shall annex the district to one or more other districts in which |
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| 215 | 209 | | the students can be educated in accredited schools. |
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| 216 | 210 | | E. Standards for accredi tation adopted by the State Board of |
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| 217 | 211 | | Education shall include standards relating to the provision of |
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| 247 | 240 | | programs and emergen cy shelter programs for persons between the ages |
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| 248 | 241 | | of three (3) and twenty -one (21) years of age. The accredit ation |
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| 249 | 242 | | standards shall apply to on -site and off-site educational services |
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| 250 | 243 | | provided by public school districts or state -accredited private |
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| 251 | 244 | | schools. Each school which is providing or is required to provide |
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| 252 | 245 | | educational services for students placed in a program as described |
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| 253 | 246 | | in this subsection shall be actively monitored by the State |
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| 254 | 247 | | Department of Education. The Department shall determine on an |
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| 255 | 248 | | ongoing basis if the educational program and services are in |
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| 256 | 249 | | compliance with the accreditation standards. |
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| 257 | 250 | | F. The State Board shall provide assistance to districts in |
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| 258 | 251 | | considering the possibility of meeting accreditation requirements |
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| 259 | 252 | | through the use of nontraditiona l means of instruction. The State |
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| 260 | 253 | | Board shall also assist districts in forming cooperatives and making |
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| 261 | 254 | | arrangements for the use of satellite instruction or other |
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| 262 | 255 | | instructional technologies to the extent that use of such |
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| 263 | 256 | | instructional means meets accredita tion standards. |
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| 264 | 257 | | G. 1. Accreditation shall not be withdrawn from or denied nor |
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| 265 | 258 | | shall a penalty be assessed a gainst a school or school district for |
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| 266 | 259 | | failing to meet the media materials and equipment standards, media |
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| 267 | 260 | | program expenditure standards and media p ersonnel standards as set |
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| 268 | 261 | | forth in the accreditation standards adopted by the Board. |
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| 298 | 290 | | immediately succeeding the legislative s ession during which the |
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| 299 | 291 | | measure appropriating monies to the State Board of Education for the |
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| 300 | 292 | | financial support of public schools is enacted as law and such |
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| 301 | 293 | | appropriation amount is at least Fifty Million Dollars |
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| 302 | 294 | | ($50,000,000.00) greater than the amount of m oney appropriated to |
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| 303 | 295 | | the State Board of Education for the financial support of public |
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| 304 | 296 | | schools for the fiscal year ending June 30, 2019, pursuant to |
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| 305 | 297 | | Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars |
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| 306 | 298 | | ($50,000,000.00) shall not include any amount of appropriations |
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| 307 | 299 | | dedicated for support or certified employee salary increases. |
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| 308 | 300 | | Accreditation shall not be withdrawn from or denied nor shall a |
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| 309 | 301 | | penalty be assessed against a school or school district for failing |
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| 310 | 302 | | to meet the media personnel standards as s et forth in accreditation |
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| 311 | 303 | | standards adopted by the Board. |
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| 312 | 304 | | H. 1. The State Board shall not assess a financial penalty |
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| 313 | 305 | | against any school district which is given a deficiency in |
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| 314 | 306 | | accreditation status during any fiscal year as provided for in this |
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| 315 | 307 | | subsection. |
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| 316 | 308 | | 2. Beginning with the fiscal year which begins July 1, 2021, if |
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| 317 | 309 | | the amount of money appropriated to the St ate Board of Education for |
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| 318 | 310 | | the financial support of public schools including funds apportioned |
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| 319 | 311 | | pursuant to Section 2 426 of this act Title 63 of the Oklahoma |
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| 349 | 340 | | Education for the financial support of public schools for the fiscal |
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| 350 | 341 | | year ending June 30, 2019, pursuant to C hapter 146, O.S.L. 2018, a |
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| 351 | 342 | | financial penalty shall be assessed against any school districts |
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| 352 | 343 | | that do not comply with the class size limitations for kindergarten |
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| 353 | 344 | | as provided for in Section 18 -113.2 of this title and class size |
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| 354 | 345 | | limitations for grade one as pr ovided for in subsection A of Section |
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| 355 | 346 | | 18-113.1 of this title. Provided, the One Hundred Million Dollars |
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| 356 | 347 | | ($100,000,000.00) shall not include any amount of appropriations |
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| 357 | 348 | | dedicated for support or certified employee salary increases. |
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| 358 | 349 | | 3. The State Department of Education shall submit a report on |
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| 359 | 350 | | statewide classroom sizes to the President Pro Tempore of the |
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| 360 | 351 | | Oklahoma State Senate and the Speaker of the Oklahoma House of |
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| 361 | 352 | | Representatives no later than January 1, 2022. |
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| 362 | 353 | | I. Except as provided for in subsection J of this section, |
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| 363 | 354 | | beginning with the 2019 -2020 school year, evaluations of schools to |
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| 364 | 355 | | determine whether they meet the accreditation standards set forth in |
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| 365 | 356 | | accordance with this section shall occur once every four (4) years |
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| 366 | 357 | | on a schedule adopted by the State Bo ard of Education. The Board |
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| 367 | 358 | | may interrupt the evaluation schedule provided in this subsection |
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| 368 | 359 | | for reasons including a change in the superintendent of the school |
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| 369 | 360 | | district; determination that one or more school district board |
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| 370 | 361 | | members have not met the contin uing education requirements as |
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| 400 | 390 | | federal official or agency; initiation of an investigation by the |
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| 401 | 391 | | Board or a law enforcement a gency; or other determination by the |
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| 402 | 392 | | Board that standards for accreditation are not being met by the |
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| 403 | 393 | | school district. The schedule adopted by the Board shall allow for |
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| 404 | 394 | | school districts receiving no deficiencies for two (2) consecutive |
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| 405 | 395 | | years to be reviewed for accreditation less than annually. |
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| 406 | 396 | | Provided, however, that schools shall be evaluated annually for the |
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| 407 | 397 | | purposes of: |
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| 408 | 398 | | 1. Local, state and federal funding; |
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| 409 | 399 | | 2. Health and safety; |
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| 410 | 400 | | 3. Certification requirements for teachers, principals and |
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| 411 | 401 | | superintendents; |
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| 412 | 402 | | 4. School board governance, including instructional and |
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| 413 | 403 | | continuing education requirements for school boar d members; and |
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| 414 | 404 | | 5. Any other requirements under state or federal law. |
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| 415 | 405 | | J. Beginning with the 2019 -2020 school year, if a public school |
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| 416 | 406 | | receives a deficiency on its accreditation report, the public school |
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| 417 | 407 | | shall be evaluated annually to determine if it meets the |
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| 418 | 408 | | accreditation standards set forth in accordance with this section. |
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| 419 | 409 | | If the public school receives no deficiencies for two (2) |
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| 420 | 410 | | consecutive years, the public school shall be subject to the |
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| 421 | 411 | | evaluation timeline established in subsection I of this section. |
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