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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1488 By: Johns
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 3-104.4, which relates to accreditation
standards; adding deficiencies to stand ards;
clarifying terms; permitting school districts to
request a hearing on accreditation recommendations;
providing hearing notice requirements; providing
request timeline; directing the State Department of
Education to promulgate rules; providing an effe ctive
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -104.4, is
amended to read as follows:
Section 3-104.4. A. The State Board of Education shall adopt
standards for the accreditation of the public schools in this state
according to the requirements of Section 3 -104.3 et seq. of this
title, to be effective as set forth in Section 3 -104.3 et seq. of
this title. The accreditation sta ndards shall incorporate the
curricular standards established pursuant to Sect ion 11-103.6 of
this title. The accreditation standards shall equal or exceed
nationally recognized accreditation standards to the extent that the
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standards are consistent with an academic results oriented approach
to accreditation. The accreditation adopted by the State Board
shall encompass accreditation for elementary schools, middle
schools, junior high schools, and high schools. The accreditation
standards shall be made av ailable for public inspection at the
offices of the State Department of Educat ion.
B. Standards for accreditation adopted by the State Board of
Education shall include standards relating to the provision of
school counselors to the public school children of this state. The
State Board of Education shall require each local school district to
provide information regarding the number of counselors serving each
school site, the duties of all such counselors including all
administrative duties, the number of s tudents served by each
counselor, and information regarding the number of coun selors
employed per elementary school, middle school, junior high school
and high school.
C. 1. Except as otherwise provided, schools shall meet the
accreditation standards as a condition of continued accreditation.
Nothing herein shall be construed as preventing changes to the
adopted standards by the State Board of Education pursuant to the
Administrative Procedures Act.
2. The accreditation standards shall provide for deficiencies,
warnings, probation or nonaccredited status for schools that fail to
meet one or more of the standards.
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3. The Department State Department of Education shall
investigate a complaint of failure to provide educational services
or failure to comply with accreditation standards within thirty (30)
days of receiving the complaint. If the Department State Department
of Education determines that a school has failed to comply with the
accreditation standards, the Department shall report the recommended
deficiency, warning, probation or nonaccredited accreditation status
to the State Board of Education within ninety (90) days. Before the
State Board of Education may implement any recommendations from the
State Department of Education as described in this p aragraph, the
school district shall be given an opportunity to request a hearing
before the State Board of Education pursuant to the due process
procedures adopted by the Board as provided for in this subsection.
The State Board of Education shall send the applicable school
district notice of a right to a hearing within ten (10) wor king days
of receiving the recommendations. The hearing shall be conducted by
the State Board of Education. All notices shall be sent by
certified mail, with the postmark used to determine the timeliness
of the notice. If the school district fails to request a hearing
within ten (10) working days of receipt of such notice, the
district's right to a hearing shall be waived.
4. If a school district does not request a due process hearing
within ten (10) working days ' notice from the Board, and the school
or school district does not take action to comply with the
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accreditation standards within ninety (90) days after a report is
filed by the Department, the Board shall withdraw accr editation for
the school.
5. The State Board of Education shall promulgate rules
regarding notice and hearing of accreditation status pursuant to
this section and in accordance with the Administrative Procedures
Act.
6. The State Board of Education accreditation regulations rules
shall provide for warnings and for assistance to sc hools and school
districts whenever there is reason to believe a school is in danger
of losing its state accreditation.
D. If one or more school sites fail to receive accreditat ion as
required pursuant to this section or subsequently lose
accreditation, the State Board of Education shall close the school
and reassign the students to accredited schools within the district
or shall annex the district to one or more other districts in which
the students can be educated in accredited schools.
E. Standards for accreditation adopted by the State Board of
Education shall include standards relating to the provision of
educational services provided in partial hospitalization programs,
day treatment programs, day hospital programs, residential treatment
programs and emergency shelter programs for persons between the ages
of three (3) and twenty -one (21) years of age. The accreditation
standards shall apply to on -site and off-site educational services
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provided by public school districts or state -accredited private
schools. Each school which is providing or is required to provide
educational services for students placed in a program as described
in this subsection shall be actively monitored by the State
Department of Education. The Department shall determine on an
ongoing basis if the educational program and services are in
compliance with the accreditation standards.
F. The State Board shall provide assistance to districts in
considering the possibility of meeting accreditation requirements
through the use of nontr aditional means of instruction. The State
Board shall also assist districts in forming cooperatives and making
arrangements for the use of satellite instruction or other
instructional technologies to the extent that use of such
instructional means meets accreditation standards.
G. 1. Accreditation shall not be withdrawn from or denied nor
shall a penalty be assessed against a school or school district for
failing to meet the me dia materials and equipment standards, media
program expenditure standards and media personnel standards as set
forth in the accreditation standards adopted by the Board.
2. The provisions of paragraph 1 of this subsection shall cease
to be effective duri ng the fiscal year which begins on the July 1
immediately succeeding the legislative session during which the
measure appropriating monies to the State Board of Education for the
financial support of public schools is enacted as law and such
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appropriation amount is at least Fifty Million Dollars
($50,000,000.00) greater than the amo unt of money appropriated to
the State Board of Education for the financial support of public
schools for the fiscal year ending June 30, 2019, pursuant to
Chapter 146, O.S.L. 20 18. Provided, the Fifty Million Dollars
($50,000,000.00) shall not include any amount of appropriations
dedicated for support or certified employee salary increases.
Accreditation shall not be withdrawn from or denied nor shall a
penalty be assessed agai nst a school or school district for failing
to meet the media personnel standa rds as set forth in accreditation
standards adopted by the Board.
H. 1. The State Board shall not assess a financial penalty
against any school district which is given a defici ency in
accreditation status during any fiscal year as provided for in this
subsection.
2. Beginning with the fiscal year which begins July 1, 2021, if
the amount of money appropriated to the State Board of Education for
the financial support of public sc hools including funds apportioned
pursuant to Section 2 of this act Section 426 of Title 63 of the
Oklahoma Statutes, is at least One Hundred Million Dollars
($100,000,000.00) greater than the amount of money appropriated to
the State Board of Education fo r the financial support of public
schools for the fiscal year ending June 30, 2019, pursuant to
Chapter 146, O.S.L. 2018, a financial penalty shall be assessed
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against any school districts that do not comply with the class size
limitations for kindergarten as provided for in Section 18 -113.2 of
this title and class size limitations for grade one as provided for
in subsection A of Section 18 -113.1 of this title. Provided, the
One Hundred Million Dollars ($100,000,000.00) shall not include any
amount of appropriations dedicated for support or certified employee
salary increases.
3. The State Department of Education shall submit a report on
statewide classroom sizes to the President Pro Tempore of the
Oklahoma State Senate and the Speaker of the Oklahoma Hous e of
Representatives no later than January 1, 2022.
I. Except as provided for in subsection J of this section,
beginning with the 2019 -2020 school year, evaluations of schools to
determine whether they meet the accreditation standards set forth in
accordance with this section shall occur once every four (4) years
on a schedule adopted by the State Board of Education. The Board
may interrupt the evaluation schedule provided in this subsection
for reasons including a change in the superintendent of the scho ol
district; determination that one or more school district board
members have not met the continuing education requirements as
defined by this title; determination that the school district
falsified information submitted to any public city, county, state or
federal official or agency; initiation of an investigation by the
Board or a law enforcement agency; or other determination by the
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Board that standards for accreditation are not being met by the
school district. The schedule adopted by the Board shall allow for
school districts receiving no deficiencies for two (2) consecutive
years to be reviewed for accreditation less than annually.
Provided, however, that schools shall be evaluated annually for the
purposes of:
1. Local, state and federal funding;
2. Health and safety;
3. Certification requirements for teachers, principals and
superintendents;
4. School board governance, including instructional and
continuing education requirements for school board members; and
5. Any other requirements under st ate or federal law.
J. Beginning with the 2019 -2020 school year, if a public school
receives a deficiency on its accreditation report, the public school
shall be evaluated annually to determine if it meets the
accreditation standards set forth in accordan ce with this section.
If the public school receives no deficiencies for two (2)
consecutive years, the public school shall be subject to the
evaluation timeline established in subsection I of this section.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. It being immediately nece ssary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-11275 SW 01/03/25