Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB366 Latest Draft

Bill / Introduced Version Filed 01/06/2025

                             
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
SENATE BILL 366 	By: Hines 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to charter schools; amending 70 O.S. 
2021, Section 3-134, as last amended by Section 6, 
Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2024, Section 
3-134), which relates to charter school applications; 
removing language requiring a charter school 
application to be first submitted to certain school 
district; requiring charter school applications to be 
submitted to a proposed sponsor beginning on certain 
date; updating statutory language; providing an 
effective date; and declaring an emergency . 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     70 O.S. 2021, Section 3 -134, as 
last amended by Section 6, Chapter 323, O.S.L. 2023 (70 O.S. Supp. 
2024, Section 3-134), is amended to read as follows: 
Section 3-134.  A.  For written applications filed after July 1, 
2024, prior to submission of the application to a proposed sponsor 
seeking to establish a c harter school or to the Statewide Charter 
School Board to establish a virtual charter school, the applicant 
shall be required to complete training which shall not exceed ten 
(10) hours provided by the Statewide Charter School Board on the 
process and requirements for establishing a charter school or   
 
 
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virtual charter school.  The sponsor of a charter school that enters 
into a new or renewed sponsorship contract on or after July 1, 2024, 
shall be required to complete training provided b y the Statewide 
Charter School Board or an organization approved by the Statew ide 
Charter School Board on the oversight duties of the sponsor.  The 
Board shall develop and implement the training and publish a list of 
organizations approved to provide train ing by July 1, 2024.  The 
Board and organizations approved by the Board may provide the 
training in any format and manner determined to be efficient and 
effective including, but not limited to, web -based training. 
B.  Except as otherwise provided for in Se ction 3-137 of this 
title, an applicant seeking to establish a virtual charter school 
shall submit a written application to the Statewide Charter School 
Board, and an applicant seeking to establish a charter school shall 
submit a written application to the proposed sponsor as provided for 
in subsection E of this section.  The application shall include: 
1.  A mission statement for the charter school or virtual 
charter school; 
2.  A description including, but not limited to, background 
information of the orga nizational structure and the governing board 
of the charter school or virtual charter school; 
3.  A financial plan for the first five (5) years of operation 
of the charter school or virtual charter school and a description of 
the treasurer or other officer s or persons who shall have primary   
 
 
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responsibility for the finances of the charter school or virtual 
charter school.  Such person shall have demonstrated experience in 
school finance or the equivalent thereof; 
4.  A description of the hiring policy of the charter school or 
virtual charter school; 
5.  The name of the applicant or app licants and requested 
sponsor; 
6.  A description of the facility and location of the charter 
school; 
7.  A description of the grades being served; 
8.  An outline of criteria desi gned to measure the effectiveness 
of the charter school or virtual charter school; 
9.  Documentation that the applicants completed training as set 
forth in subsection A of this section; 
10.  A description of the minimum and maximum enrollment planned 
per year for each term of the charter contract; 
11.  The proposed calendar for the charter school or virtual 
charter school and sample daily schedule; 
12.  Unless otherwise authorized by law or regulation, a 
description of the academic program aligned with stat e standards; 
13.  A description of the instructional design of the charter 
school or virtual charter school including the type of learning 
environment, class size and structure, curriculum overview, and 
teaching methods;   
 
 
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14.  The plan for using internal an d external assessments to 
measure and report student progress on the performan ce framework 
developed by the applicant in accordance with Section 3 -136 of this 
title; 
15.  The plans for identifying and successfully serving students 
with disabilities, studen ts who are English language learners, and 
students who are academically behind; 
16.  A description of cocurricular or extracurricular programs 
and how they will be funded and delivered; 
17.  Plans and time lines for student recruitment and enrollment 
including lottery procedures; 
18.  The student discipline policies for the charter school or 
virtual charter school including those for special education 
students; 
19.  An organizational chart that clearly presents the 
organizational structure of the charter sc hool or virtual charter 
school, including lines of authority and reporting between the 
governing board, staff, any related bodies such as advisory bodies 
or parent and teacher councils, and any external organizations that 
will play a role in managing the s chool; 
20.  A clear description of the roles and responsibilities for 
the governing board, the leadership and management team for the 
charter school or virtual charter school, and any other entities 
shown in the organizational chart;   
 
 
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21.  The leadership an d teacher employment policies for the 
charter school or virtual charter school; 
22.  Proposed governing bylaws; 
23.  Explanations of any partnerships or contractual 
partnerships central to the operations or mission of the charter 
school or virtual charter school; 
24.  The plans for providing transportation, food service, and 
all other significant operational or ancillary services; 
25.  Opportunities and expectations for parental involvement; 
26.  A detailed school start -up plan that identifies tasks, time 
lines, and responsible individuals; 
27.  A description of the financial plan and policies for the 
charter school or virtual charter school including financial 
controls and audit requirements; 
28.  A description of the insurance coverage the charter school 
or virtual charter school will obtain; 
29.  Start-up and five-year budgets with clearly stated 
assumptions; 
30.  Start-up and first-year cash-flow projections with clearly 
stated assumptions; 
31.  Evidence of anticipated fundraising contributions, if 
claimed in the application; 
32.  A sound facilities plan including backup or contingency 
plans if appropriate;   
 
 
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33.  A requirement that the charter school or virtual charter 
school governing board meet no fewer than ten (10) months of the 
year in the state and th at for those charter schools outside of 
counties with a population of five hun dred thousand (500,000) or 
more, that a minimum of two (2) members are residents within the 
geographic boundary of the charter school; 
34.  A requirement that the charter school or virtual charter 
school follow the requirements of the Oklahoma Open Meeting Act and 
Oklahoma Open Records Act; and 
35.  A copy of any proposed contract between the governing board 
of a charter school or virtual charter school and an educational 
management organization, as defined by Section 5 -200 of this title, 
which meets the requirements of the Oklahoma Charter Schools Act. 
C.  A board of education of a public school district, public 
body, public or private college or university, private person, or 
private organization may contract with a sponsor to establish a 
charter school or virtual charter school.  A private school shall 
not be eligible to contract for a charter school or virtual charter 
school under the provisions of the Oklahoma Charter Schools A ct. 
D.  The sponsor of a charter school is the board of education of 
a school district, a higher education institution, a private 
institution of higher learning accredited pursuant to Section 4103 
of this title, a federally recognized Indian tribe which me ets the 
criteria established in Section 3 -132 of this title, or beginning   
 
 
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July 1, 2024, the Statewide Charter School Board.  Any sponsor 
authorized pursuant to subsection A of Section 3 -132 of this title 
may sponsor one or more charter schools.  The physic al location of a 
charter school sponsored by a board of education of a school 
district shall be within the boundaries of the sponsoring school 
district.  The physical location of a charter school sponsored by 
the Statewide Charter School Board pursuant to paragraph 6 of 
subsection A of Section 3 -132 of this title shall be in the school 
district in which the application originated. 
E.  1.  Beginning July 1, 2024 2025, any application seeking to 
establish a charter school in this state shall be submitted first to 
the school district in which the proposed charter school is to be 
located.  The school district board of education shall approve or 
deny the application within sixty (60) days of receipt of the 
application.  If the charter school application is denied , nothing 
shall prohibit an applicant from submitting a revised application to 
the school district board of education, which shall approve or deny 
the revised application within sixty (60) days of receipt of the 
application. 
2.  An applicant for a charter school that has been denied 
pursuant to paragraph 1 of this subsection may sub mit an application 
to a proposed sponsor listed in paragraphs 2 through 6 of subsection 
A of Section 3-132 of this title, which shall either accept or 
reject sponsorship of the c harter school within ninety (90) days of   
 
 
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receipt of the application.  If the proposed sponsor rejects the 
application, it shall notify the applicant in writing of the reasons 
for the rejection.  The applicant may submit a revised application 
for reconsideration to the proposed sponsor within thirty (30) days 
after receiving notifica tion of the rejection.  The proposed sponsor 
shall accept or reject the revised application within thirty (30) 
days of its receipt. 
3. 2. Beginning July 1, 2024, an applicant fo r a virtual 
charter school shall submit an application to the Statewide Charter 
School Board, which shall either accept or reject sponsorship of the 
virtual charter school within ninety (90) days of receipt of the 
application.  If the application is reject ed, the Statewide Charter 
School Board shall notify the applicant in writing o f the reasons 
for the rejection.  The applicant may submit a revised application 
for reconsideration to the Statewide Charter school Board within 
thirty (30) days after receiving notification of the rejection.  The 
Statewide Charter School Board shall accept or reject the revised 
application within thirty (30) days of its receipt. 
F.  A board of education of a school district, a higher 
education institution, a private institution of higher learning 
accredited pursuant to Section 4103 of this title, or a fed erally 
recognized Indian tribe shall notify the State Board of Education 
and the Statewide Charter School Board when it accepts sponsorship   
 
 
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of a charter school.  The notification shall include a copy of the 
charter of the charter school. 
G.  Applicants for charter schools and virtual charter schools 
proposed to be sponsored by the Statewide Charter School Board may, 
upon rejection of a revised application, proceed to binding 
arbitration under the commercial rules of the American Arbitration 
Association with costs of the arbitration to be borne by the 
applicant. 
H.  If a board of education of a school district, a higher 
education institution, a private institution of higher learning 
accredited pursuant to Section 4103 of this title, or a federally 
recognized Indian tribe accepts sponsorship of a charter school, the 
administrative, fiscal, and oversight responsibilities of the school 
district, the higher education institution, the pri vate institution 
of higher learning accredited pursuant to Section 4103 of thi s 
title, or the federally recognized Indian tribe shall be listed in 
the contract.  No administrative, fiscal, or oversight 
responsibilities of a charter school shall be delegate d to a school 
district unless the school district agrees to enter into a contract 
to assume the responsibilities. 
I.  A sponsor of a public charter school shall have the 
following powers and duties over charter schools it sponsors, and 
the Statewide Charte r School Board shall have the following powers   
 
 
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and duties over the charter sch ools and virtual charter schools it 
sponsors: 
1.  Provide services and oversight of the operations of charter 
schools or virtual charter schools in the state through annual 
performance reviews and reauthorization; 
2.  Solicit and evaluate charter applications; 
3.  Approve quality charter applications that meet identified 
educational needs and promote a diversity of educational choices; 
4.  Decline to approve weak or inadequate cha rter applications; 
5.  Negotiate and execute sound charter contracts with each 
approved public charter school or virtual charter school; 
6.  Approve or deny proposed contracts between the governing 
board of a charter school or virtual charter school and an 
educational management organization, as defined by section Section 
5-200 of this title; 
7.  Monitor, in accordance with charter contract terms, the 
performance and legal compliance of charter schools and virtual 
charter schools; and 
8.  Determine whether each charter contract merits renewal, 
nonrenewal, or revocation. 
J.  Sponsors shall establish a procedure for accepting, 
approving, and disapproving charter school applications in 
accordance with subsection E of this section.  The Statewide Charter   
 
 
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School Board shall post its application, application process, and 
application time frames on the Board ’s website. 
K.  Sponsors including the Statewide Charter School Board shall 
develop and maintain chartering policies and practices consistent 
with recognized principles and standards for quality charter 
sponsoring in all major areas of spo nsoring responsibility including 
organizational capacity and infrastructure, soliciting and 
evaluating charter school and virtual charter school applications, 
performance contracting, ongoing charter school and virtual charter 
school oversight and evaluation, and charter contract renewal 
decision-making. 
L.  Sponsors acting in their official capacity shall be immune 
from civil and criminal liability with respect to all activities 
related to a charter school with which they contract. 
SECTION 2.  This act shall become effective July 1, 2025. 
SECTION 3.  It being immediately necessary for the preservation 
of the public peace, health, or safety, an emerg ency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
 
60-1-1111 EB 1/6/2025 8:52:48 AM