Oklahoma 2025 Regular Session

Oklahoma House Bill HB2154 Compare Versions

Version 1 (Old)

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33	28		ENGROSSED HOUSE
34	29		BILL NO. 2154 By: Hall of the House
35	30
36	31		and
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38	33		Guthrie of the Senate
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43	38		An Act relating to schools; amending 70 O.S. 2021,
44	39		Section 3-136, as amended by Section 7, Chapter 323,
45	40		O.S.L. 2023 (70 O.S. Supp. 2024, Section 3 -136),
46	41		which relates to the Oklahoma Charter Schools Act;
47	42		exempting certain financial statements from contract
48	43		requirements; requiring the approval of charter
49	44		school budgets before each fiscal year; providing an
50	45		effective date; and declaring an emergency.
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55	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56	51		SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -136, as
57	52		amended by Section 7, Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2024,
58	53		Section 3-136), is amended to read as follows:
59	54		Section 3-136. A. Beginning July 1, 2024, a written contract
60	55		entered into between the Statewide Charter School Board and the
61	56		governing board of a charter school or statewide virtual charter
62	57		school or a written contract entered into between a sponsor and th e
63	58		governing board of a charter school shall ensure compliance with the
64	59		following:
	60	+	1. Except as provided for in the Oklahoma Charter Schools Act,
	61	+	a charter school and virtual charter school shall be exempt from all
	62	+	statutes and rules relating to schools, boards of education, a nd
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92		-	1. Except as provided for in the Oklahoma Charter Schools Act,
93		-	a charter school and virtual charter school shall be exempt from all
94		-	statutes and rules relati ng to schools, boards of education, and
95	89		school districts; provided, however, a charter school or virtual
96	90		charter school shall comply with all federal regulations and state
97	91		and local rules and statutes relating to health, safety, civil
98	92		rights, and insurance. By January 1, 2000, the State Depa rtment of
99	93		Education shall prepare a list of relevant rules and statutes which
100	94		a charter school and virtual charter school must comply with as
101	95		required by this paragraph and shall annually provide an update to
102	96		the list;
103	97		2. A charter school shall be nonsect arian in its programs,
104	98		admission policies, employment practices, and all other operations.
105	99		A sponsor may not authorize a charter school or program that is
106	100		affiliated with a nonpublic sectarian school or religious
107	101		institution;
108	102		3. The charter contract shal l provide a description of the
109	103		educational program to be offered. A charter school or virtual
110	104		charter school may provide a comprehensive program of instruction
111	105		for a prekindergarten program, a kindergarten program, or any grade
112	106		between grades one and twel ve. Instruction may be provided to all
113	107		persons between four (4) and twenty -one (21) years of age. A
114	108		charter school or virtual charter school may offer a curriculum
115	109		which emphasizes a specific learning philosophy or style or certain
	110	+	subject areas such as mathematics, science, fine arts, performance
	111	+	arts, or foreign language. The charter of a charter school or
	112	+	virtual charter school which offers grades nine through twelve shall
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143		-	subject areas such as mathematics, science, fine arts, performance
144		-	arts, or foreign language. The charter of a charter school or
145		-	virtual charter school which offers grades nine through twelve shall
146	139		specifically address whether the charter school or virtual charter
147	140		school will comply with the graduation requirements established in
148	141		Section 11-103.6 of this title. No charter school shall be
149	142		chartered for the purpose of offering a curriculum for deaf or blind
150	143		students that is the same or similar to the curricu lum being
151	144		provided by or for educating deaf or blind students that are being
152	145		served by the Oklahoma School for the Blind or the Oklahoma School
153	146		for the Deaf;
154	147		4. A charter school or virtual charter school shall participate
155	148		in the testing as required by the Oklahoma School Test ing Program
156	149		Act and the reporting of test results as is required of a school
157	150		district. A charter school or virtual charter school shall also
158	151		provide any necessary data to the Office of Accountability within
159	152		the State Department of Edu cation;
160	153		5. A charter school or virtual charter school shall be subject
161	154		to the same reporting requirements, financial audits, audit
162	155		procedures, and audit requirements as a school district. The State
163	156		Department of Education or State Auditor and Inspector may conduct
164	157		financial, program, or compliance audits. The Statewide Charter
165	158		School Board may request that the State Auditor and Inspector
166	159		conduct a financial, program, or compliance audit for any charter
	160	+	school or virtual charter school it oversees. A cha rter school or
	161	+	virtual charter school shall use the Oklahoma Cost Accounting System
	162	+	to report financial transactions to the State Department of
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194		-	school or virtual charter school it oversees. A charter school or
195		-	virtual charter school shall use the Oklahoma Cost Accounting System
196		-	to report financial transactions to the State Department of
197	189		Education. The charter school or virtual charter school shall be
198	190		subject to the limitations on spending, including provisions of the
199	191		Oklahoma Constitution, for any funds received from the state, either
200	192		through the State Department of Education or other sources .
201	193		Notwithstanding the requirements of this paragraph, charter schools
202	194		shall be exempt from filing a writte n itemized statement of
203	195		estimated needs and probable income from all sources, as described
204	196		in Section 3002 of Title 68 of the Oklahoma Statutes ;
205	197		6. A charter school or virtual charter school shall comply with
206	198		all federal and state laws relating to the education of children
207	199		with disabilities in the same manner as a school district;
208	200		7. A charter school or virtual charter school shall provide for
209	201		a governing board for the school which shall be responsible for the
210	202		policies and operational decisions of the cha rter school or virtua l
211	203		charter school. All of the charter school or virtual charter school
212	204		governing board members shall be residents of this state and shall
213	205		meet no fewer than ten (10) months of the year in a public meeting
214	206		within the boundaries of the school district in whi ch the charter
215	207		school is located or within this state if the governing board
216	208		oversees multiple charter schools in this state or oversees a
217	209		virtual charter school. The governing board of a charter school or
	210	+	virtual charter school shall be subject to the sa me conflict of
	211	+	interest requirements as a member of a school district board of
	212	+	education including but not limited to Sections 5 -113 and 5-124 of
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245		-	virtual charter school shall be subject to the same conflict of
246		-	interest requirements as a member of a school district board of
247		-	education including but not limited to Sections 5 -113 and 5-124 of
248	239		this title. Members appointed to the governing board of a charter
249	240		school or virtual charter school shall be s ubject to the same
250	241		instruction and continuing education requirements as a member of a
251	242		school district board of education and pursuant to Section 5 -110 of
252	243		this title shall complete twelve (12) hours of instruction within
253	244		fifteen (15) months of appointment t o the governing board and
254	245		pursuant to Section 5 -110.1 of this title shall attend continuing
255	246		education;
256	247		8. A charter school or virtual charter school shall not be used
257	248		as a method of generating revenue for students who are being home
258	249		schooled and are not b eing educated at an organized charter school
259	250		site or by a virtual charter school;
260	251		9. A charter school or virtual charter school shall be as
261	252		equally free and open to all students as traditional public schools
262	253		and shall not charge tuiti on or fees;
263	254		10. A charter school or virtual charter school shall provide
264	255		instruction each year for at least the number of days or hours
265	256		required in Section 1 -109 of this title;
266	257		11. A charter school or virtual charter school shall comply
267	258		with the student suspension requiremen ts provided for in Section 24 -
268	259		101.3 of this title;
	260	+	12. A charter school or virtual charter school shall be
	261	+	considered a school district for purposes of tort liability under
	262	+	The Governmental Tort Claims Act;
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296		-	12. A charter school or virtual charter school shall be
297		-	considered a school district for purposes of tort liability under
298		-	The Governmental Tort Claims Act;
299	289		13. Employees of a charter school or virtual ch arter school may
300	290		participate as members of the Teachers' Retirement System of
301	291		Oklahoma in accordance with applicable statutes and rules if
302	292		otherwise allowed pursuant to law;
303	293		14. A charter school or virtual charter school may participate
304	294		in all health and related insurance programs available to employees
305	295		of a public school district;
306	296		15. A charter school or virtual charter school and their
307	297		respective governing boards shall comply with the Oklahoma Open
308	298		Meeting Act and the Oklahoma Open Records Act;
309	299		16. The governing board of a charter school or virtual charter
310	300		school shall notify the sponsor within ten (10) business days in the
311	301		instance of any significant adverse actions, material findings of
312	302		noncompliance, or pending actions, claims, or proceedings in this
313	303		state relating to the charter school, the virtual charter school, or
314	304		an educational management organization with which the charter school
315	305		or virtual charter school has a contract;
316	306		17. No later than September 1 each year, the governin g board of
317	307		each charter school or virtual charter school formed pursuant to the
318	308		Oklahoma Charter Schools Act shall prepare a statement of actual
319	309		income and expenditures for the charter school or virtual charter
	310	+	school for the fiscal year that ended on the preceding June 30, in a
	311	+	manner compliant with Section 5 -135 of this title. The statement of
	312	+	expenditures shall include functional categories as defined in rules
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347		-	school for the fiscal year th at ended on the preceding June 30, in a
348		-	manner compliant with Section 5 -135 of this title. The statement of
349		-	expenditures shall include functional categories as defined in rules
350	339		adopted by the State Board of Education to implement the Oklahoma
351	340		Cost Accounting System pursu ant to Section 5-145 of this title.
352	341		Charter schools and virtual charter schools shall not be permitted
353	342		to submit estimates of expenditures or prorated amounts to fulfill
354	343		the requirements of this paragraph; and
355	344		18. A charter school or virtual charter school contract shall
356	345		include performance provisions based on a performance framework that
357	346		clearly sets forth the academic and operational performance
358	347		indicators that shall be used by charter school and virtual charter
359	348		school sponsors to evaluate their respect ive schools. The spo nsor
360	349		may develop a separate performance framework to evaluate a charter
361	350		school or virtual charter school that has been designated by the
362	351		State Department of Education as implementing an alternative
363	352		education program throughout the school. The sponsor shal l require
364	353		a charter school or virtual charter school to submit the data
365	354		required in this subsection in the identical format that is required
366	355		by the State Department of Education of all public schools in order
367	356		to avoid duplicative admin istrative efforts or allow a charter
368	357		school or virtual charter school to provide permission to the
369	358		Department to share all required data with the Board. The
370	359		performance framework shall serve as the minimum requirement for
	360	+	charter school and virtual charter school performance evaluation and
	361	+	shall include, but not be limited to, the following indicators:
	362	+	a. student academic proficiency,
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398		-	charter school and virtual charter school performance evaluation and
399		-	shall include, but not be limited to, the following indicators:
400		-	a. student academic proficiency,
401	389		b. student academic growth,
402	390		c. achievement gaps in both proficiency and growth
403	391		between major student subgroups,
404	392		d. student attendance,
405	393		e. recurrent enrollment from year to year as determined
406	394		by the methodology used for public schools in
407	395		Oklahoma,
408	396		f. in the case of high schools, graduation rates as
409	397		determined by the methodology used for public schools
410	398		in Oklahoma,
411	399		g. in the case of high schools, po stsecondary readiness,
412	400		h. financial performance and sustainability and
413	401		compliance with state and Internal Revenue Service
414	402		financial reporting requirements,
415	403		i. audit findings or deficiencies,
416	404		j. accreditation and timely reporting,
417	405		k. governing board perform ance and stewardship including
418	406		compliance with all applicable laws, regulations, and
419	407		terms of the charter contract, and
420	408		l. mobility of student population for the virtual charter
421	409		school framework.
	410	+	The sponsor including the Statewide Charter School Board sha ll
	411	+	annually evaluate its charter schools or virtual charter schools
	412	+	according to the performance framework. The results of the
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449		-	The sponsor including t he Statewide Charter School Board shall
450		-	annually evaluate its charter schools or virtual charter schools
451		-	according to the performance framework. The results of the
452	439		evaluation shall be presented to the governing board of the charter
453	440		school or virtual charter school and th e governing board of the
454	441		charter school sponsor in an open meeting ; and
455	442		19. Preceding the beginning of each fiscal year, charter school
456	443		governing boards shall approve a budget for the upcoming fiscal
457	444		year.
458	445		B. An applicant or the governing board of an applicant may hold
459	446		one or more charter contracts. Each charter school or virtual
460	447		charter school that is part of a charter contract shall be separate
461	448		and distinct from any other charter school or virtual charter
462	449		school. For the purposes of this subsection, " separate and
463	450		distinct" shall mean that a charter school or virtual charter school
464	451		governing board with oversight of more than one charter school or
465	452		virtual charter school shall not combine accounting, budgeting,
466	453		recordkeeping, admissions, employment, or policies and operationa l
467	454		decisions of the charter schools or virtual charter schools it
468	455		oversees.
469	456		C. The charter contract of a charter school or virtual charter
470	457		school shall include a description of the personnel policies,
471	458		personnel qualifications, and meth od of school governan ce. A
472	459		charter school or virtual charter school shall not enter into an
	460	+	employment contract with any teacher or other personnel until a
	461	+	contract has been executed with its sponsor. The employment
	462	+	contract shall set forth the personnel policies of the char ter
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500		-	employment contract with any teacher or other personnel until a
501		-	contract has been executed with its sponsor. The employment
502		-	contract shall set for th the personnel policies of the charter
503	489		school or virtual charter school including, but not limited to,
504	490		policies related to certification, professional development,
505	491		evaluation, suspension, dismissal and nonreemployment, sick leave,
506	492		personal business leave, emergency leav e, and family and med ical
507	493		leave. The contract shall also specifically set forth the salary,
508	494		hours, fringe benefits, and work conditions. The contract may
509	495		provide for employer -employee bargaining, but the charter school or
510	496		virtual charter school shall not be required to compl y with the
511	497		provisions of Sections 509.1 through 509.10 of this title.
512	498		Upon contracting with any teacher or other personnel, the
513	499		governing board of a charter school or virtual charter school shall,
514	500		in writing, disclose employment rights of the employees in the event
515	501		the charter school or virtual charter school closes or the charter
516	502		contract is not renewed.
517	503		No charter school or virtual charter school may begin serving
518	504		students without a contract executed in accordance with the
519	505		provisions of the Oklahoma Chart er Schools Act and approved in an
520	506		open meeting of the governing board of the sponsor or the Statewide
521	507		Charter School Board. The governing board of the sponsor or the
522	508		Statewide Charter School Board may establish reasonable preopening
523	509		requirements or condit ions to monitor the start -up progress of newly
	510	+	approved charter schools or virtual charter schools and ensure that
	511	+	each brick-and-mortar school is prepared to open smoothly on the
	512	+	date agreed and to ensure that each school meets all building,
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551		-	approved charter schools or virtual charter schools and ensure that
552		-	each brick-and-mortar school is prepared to open smoothly on the
553		-	date agreed and to ensure that each sch ool meets all building,
554	539		health, safety, insurance, and other legal requirements for the
555	540		opening of a school.
556	541		D. The charter of a charter school or virtual charter school
557	542		may be amended at the request of the governing board of the charter
558	543		school or virtual charter school and upon the approval of the
559	544		sponsor.
560	545		E. A charter school or virtual charter school may enter into
561	546		contracts and sue and be sued.
562	547		F. The governing board of a charter school or virtual charter
563	548		school shall not levy taxes or issue bonds. A school district that
564	549		proposes a bond shall include any charter school established
565	550		pursuant to subsection A of Section 3 -132 of this title and located
566	551		within the school district in planning conversations regarding the
567	552		bond.
568	553		G. The charter of a charter school or virtual c harter school
569	554		shall include a provision specifying the method or methods to be
570	555		employed for disposing of real and personal property acquired by the
571	556		charter school or virtual charter school upon expiration or
572	557		termination of the charter or failure of the charter school or
573	558		virtual charter school to continue operations. Except as otherwise
574	559		provided, any real or personal property purchased with state or
	560	+	local funds shall be retained by the sponsor. If a charter school
	561	+	that was previously sponsored by the board of education of a sc hool
	562	+	district continues operation within the school district under a new
575	563
576		-	SENATE FLOOR VERSION - HB2154 SFLR Page 12
577		-	(Bold face denotes Committee Amendments) 1
	564	+	ENGR. H. B. NO. 2154 Page 12 1
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602		-	local funds shall be retained by the sponsor. If a charter school
603		-	that was previously sponso red by the board of education of a school
604		-	district continues operation within the school district under a new
605	589		charter sponsored by an entity authorized pursuant to Section 3 -132
606	590		of this title, the charter school may retain any personal property
607	591		purchased with state or local funds for use in t he operation of the
608	592		charter school until termination of the new charter or failure of
609	593		the charter school to continue operations.
610	594		SECTION 2. This act shall become effective July 1, 2025.
611	595		SECTION 3. It being immediately nece ssary for the preservation
612	596		of the public peace, health or safety, an emergency is hereby
613	597		declared to exist, by reason whereof this act shall take effect and
614	598		be in full force from and after its passage and approval.
615		-	COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
616		-	April 22, 2025 - DO PASS
	599	+	Passed the House of Representatives the 25th day of March, 2025.
	600	+
	601	+
	602	+
	603	+
	604	+	Presiding Officer of the House
	605	+	of Representatives
	606	+
	607	+
	608	+
	609	+	Passed the Senate the ___ day of __________, 2025.
	610	+
	611	+
	612	+
	613	+
	614	+	Presiding Officer of the Senate
	615	+
	616	+