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SENATE FLOOR VERSION
March 4, 2025
AS AMENDED
SENATE BILL NO. 388 By: Seifried of the Senate
and
Kane of the House
[ students - extracurricular activities - eligibility
- charter schools - written policy - codification -
effective date -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3 -140.1 of Title 70, unless
there is created a duplication in numbering, r eads as follows:
A. Students enrolled in a charter school or virtual charter
school authorized pursuant to the Oklahoma Charter Schools Act shall
be eligible to participate in extracurricular activities offered by
the resident school district of the stude nt only if:
1. The extracurricular activity is not offered by the charter
school or virtual charter school in which the student is enrolled;
and
2. The extracurricular activity does not have an associated
course requirement.
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B. Eligibility for charter s chool and virtual charter school
students shall be determined in accordance with the resident school
district’s eligibility rules and policies and any rules and policies
of a school athletic association, as defined in Section 27 -102 of
Title 70 of the Okla homa Statutes.
C. For the purposes of this section, “resident school district ”
shall mean the public school district in which the student resides
as defined in Section 1 -113 of Title 70 of the Oklahoma Statutes.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 3 -140, as
amended by Section 10, Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2024,
Section 3-140), is amended to read as follows:
Section 3-140. A. A charter school with a brick -and-mortar
school site or sites shall enroll those st udents whose legal
residence is within the boundaries of the school district in which
the charter school is located and who submit a timely application,
or those students who transfer to the charter school in accordance
with the Education Open Transfer Act , unless the number of
applications exceeds the capacity of a program, class, grade level,
or building. Students who reside in a school district where a
charter school is located shall not be required to obtain a transfer
in order to attend a charter scho ol in the school district of
residence. If capacity is insufficient to enroll all eligible
students, the charter school shall select students through a lottery
selection process. A charter school shall give enrollment
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preference to eligible students who reside within the boundaries of
the school district in which the charter school is located and who
attend a school site that has been identified as in need of
improvement by the State Board of Education pursuant to the
Elementary and Secondary Education Ac t of 1965, as amended or
reauthorized by P.L. No. 114-95, also known as the Every Student
Succeeds Act (ESSA). A charter school may limit admission to
students within a given age group or grade level. A charter school
sponsored by the Statewide Charter S chool Board when the applicant
of the charter school is the Office of Juvenile Affairs shall limit
admission to youth that are in the custody or supervision of the
Office of Juvenile Affairs.
B. A brick-and-mortar charter school shall admit students who
reside in the attendance area of a school or in a school district
that is under a court order of desegregation or that is a party to
an agreement with the United States Department of Education Office
for Civil Rights directed towards mediating alleged or pr oven racial
discrimination unless notice is received from the resident school
district that admission of the student would violate the court order
or agreement.
C. A brick-and-mortar charter school may designate a specific
geographic area within the schoo l district in which the charter
school is located as an academic enterprise zone and may limit
admissions to students who reside within that area. An academic
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enterprise zone shall be a geographic area in which sixty percent
(60%) or more of the children who reside in the area qualify for the
free or reduced school lunch program.
D. Except as provided in subsections B and C of this section, a
charter school or virtual charter school shall not limit admission
based on ethnicity, national origin, gender, in come level, disabling
condition, proficiency in the English language, measures of
achievement, aptitude, or athletic ability.
E. A sponsor of a charter school shall not restrict the number
of students a charter school may enroll, and the Statewide Charter
School Board shall not restrict the number of students a virtual
charter school or charter school may enroll. The capacity of a
charter school or virtual charter school shall be determined
quarterly by the governing board of the charter school or virtual
charter school pursuant to the provisions of the Education Open
Transfer Act.
F. Beginning July 1, 2024, each statewide virtual charter
school which has been approved and sponsored by the Statewide
Charter School Board or any virtual charter school for w hich the
Board has assumed sponsorship as provided for in Section 1 Section
3-132.1 of this act title shall be considered a statewide virtual
charter school and the geographic boundaries of each statewide
virtual charter school shall be the borders of the state.
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H. G. Beginning July 1, 2024 2025, students enrolled full -time
in a statewide virtual charter school sponsored by the Statewide
Charter School Board shall not be authorized to participate in any
activities administered by the Oklahoma Secondary Sch ool Activities
Association pursuant to Section 1 of this act . However, the
students Virtual charter school students may participate in
intramural activities sponsored by a statewide virtual charter
school, an online provider for the charter school, or any other
outside organization.
I. H. 1. Beginning July 1, 2024, a public school student who
wishes to enroll in a virtual charter school shall be considered a
transfer student from his or her resident school district. A
virtual charter school shall pre -enroll any public school student
whose parent or legal guardian expresses intent to enroll in the
virtual charter school. Upon pre -enrollment, the State Department
of Education shall initiate a transfer on a form to be completed by
the receiving virtual cha rter school. Upon approval of the
receiving virtual charter school, the student may begin
instructional activities. Upon notice that a public school student
has transferred to a virtual charter school, the resident school
district shall transmit the stud ent’s records within three (3)
school days.
2. The State Department of Education shall notify the
Legislature and Governor if it determines that the information
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technology infrastructure necessary to process the transfer of
students to a virtual charter s chool is inadequate and additional
time is needed for implementation.
3. A public school student may transfer to one statewide
virtual charter school at any time during a school year. For
purposes of this subsection, “school year” shall mean July 1 throu gh
the following June 30. After one statewide virtual charter school
transfer during a school year, no public school student shall be
permitted to transfer to any other statewide virtual charter school
without the concurrence of both the resident school d istrict and the
receiving virtual charter school. A student shall have a grace
period of fifteen (15) school days from the first day of enrollment
in a statewide virtual charter school to withdraw without academic
penalty and shall continue to have the op tion of one virtual charter
school transfer without the concurrence of both the resident school
district and the receiving virtual charter school during that same
school year. A statewide virtual charter school student that has
utilized the allowable one transfer pursuant to this subsection
shall not be permitted to transfer to another school district or
another statewide virtual charter school without first notifying his
or her resident district and initiating a new transfer. Upon
cancellation of a trans fer, the virtual charter school shall
transmit the student ’s records to the student ’s new school district
within three (3) school days. Students enrolled in a statewide
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virtual charter school shall not be required to submit a virtual
charter transfer for consecutive years of enrollment. Any student
enrolled in a statewide virtual charter school the year prior to the
implementation of this section shall not be required to submit a
transfer in order to remain enrolled.
J. I. 1. Beginning July 1, 2024, a s tudent shall be eligible
to enroll in a statewide virtual charter school sponsored by the
Statewide Charter School Board pursuant to Section 1 Section 3-132.1
of this act title if he or she is a student whose parent or legal
guardian is transferred or is p ending transfer to a military
installation within this state while on active military duty
pursuant to an official military order.
2. A statewide virtual charter school shall accept applications
by electronic means for enrollment and course registration f or
students described in paragraph 1 of this subsection.
3. The parent or legal guardian of a student described in
paragraph 1 of this subsection shall provide proof of residence in
this state within ten (10) days after the published arrival date
provided on official documentation. A parent or legal guardian may
use the following addresses as proof of residence:
a. a temporary on-base billeting facility,
b. a purchased or leased home or apartment, or
c. federal government or public -private venture off-base
military housing.
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4. The provisions of paragraph 3 of subsection I H shall apply
to students described in paragraph 1 of this subsection.
5. For purposes of this subsection:
a. “active military duty ” means full-time military duty
status in the active u niformed service of the United
States including members of the National Guard and
Military Reserve military reserves on active duty
orders, and
b. “military installation ” means a base, camp, post,
station, yard, center, homeport facility for any ship,
or other installation under the jurisdiction of the
United States Department of Defense or the United
States Coast Guard.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 27 -103, is
amended to read as follows:
Section 27-103. A public school or school district shall not be
a member of any school athletic association unless that association
has adopted a written policy that requires the following:
1. All records of the association to be made accessible
consistent with the provisions of the Oklahoma Open Records Act;
2. All meetings of the association to be open and conducted in
a manner consistent with the provisions of the Oklahoma Open Meeting
Act, including specifically the notice and agenda, voting and
executive session requirements; and
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3. That a student enrolled in a charter school or virtual
charter school is allowed to participate in interscholastic
activities or contests offered by the student ’s resident district as
defined in Section 1 -113 of this title. Student participation sh all
be subject to the provisions of Section 1 of this act; and
4. An annual financial audit and a compliance audit of all
funds of the association in accordance with the auditing standards
set forth in the Oklahoma Public School Audit Law. In addition, t he
association shall have performance audits conducted of the
operations of the association. A performance audit shall be
conducted no later than December 31, 2014, and by December 31 every
five (5) years thereafter.
SECTION 4. This act shall become effective July 1, 2025.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency 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.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
March 4, 2025 - DO PASS AS AMENDED