| 65 | + | An Act relating to students; authorizing students |
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| 66 | + | enrolled in a charter school or virtual charter |
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| 67 | + | school to participate in certain extr acurricular |
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| 68 | + | activities; providing for determination of |
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| 69 | + | eligibility; defining term; amending 70 O.S. 2021, |
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| 70 | + | Section 3-140, as amended by Section 10, Chapter 323, |
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| 71 | + | O.S.L. 2023 (70 O.S. Supp. 2024, Section 3 -140), |
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| 72 | + | which relates to student eligibility to enroll in |
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| 73 | + | charter schools; updating statutory references; |
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| 74 | + | authorizing certain student s to participate in |
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| 75 | + | certain activities beginning on certain date; |
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| 76 | + | updating statutory language; amending 70 O.S. 2021, |
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| 77 | + | Section 27-103, which relates to the Oklahoma |
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| 78 | + | Extracurricular Activities Accountability Act; |
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| 79 | + | requiring certain association ’s written policy to |
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| 80 | + | include certain provision regarding participation of |
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| 81 | + | certain students; providing for codification; |
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| 82 | + | providing an effective date; and declaring an |
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| 83 | + | emergency. |
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| 91 | 146 | | B. Eligibility for charter school and virtual charter school |
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| 92 | 147 | | students shall be determined in accordance with the resident school |
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| 93 | 148 | | district’s eligibility rules and policies and any rules and policies |
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| 94 | 149 | | of a school athletic association, as defined in Section 27 -102 of |
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| 95 | 150 | | Title 70 of the Oklahoma Statutes. |
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| 96 | 151 | | C. For the purposes of this section, “resident school district ” |
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| 97 | 152 | | shall mean the public school district in which the student resides |
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| 98 | 153 | | as defined in Section 1 -113 of Title 70 of the Oklahoma Statutes. |
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| 99 | 154 | | SECTION 2. AMENDATORY 70 O.S. 2021, Section 3 -140, as |
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| 100 | 155 | | amended by Section 10, Chap ter 323, O.S.L. 2023 (70 O.S. Supp. 2024, |
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| 101 | 156 | | Section 3-140), is amended to read as follows: |
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| 102 | 157 | | Section 3-140. A. A charter school with a brick -and-mortar |
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| 103 | 158 | | school site or sites shall e nroll those students whose legal |
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| 104 | 159 | | residence is within the boundaries of the school district in which |
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| 105 | 160 | | the charter school is located and who submit a timely application, |
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| 106 | 161 | | or those students who transfer to the charter school in accordance |
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| 107 | 162 | | with the Education Ope n Transfer Act, unless the number of |
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| 108 | 163 | | applications exceeds the capacity of a pr ogram, class, grade level, |
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| 109 | 164 | | or building. Students who reside in a school district where a |
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| 110 | 165 | | charter school is located shall not be required to obtain a transfer |
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| 111 | 166 | | in order to attend a charter school in the school district of |
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| 112 | 167 | | residence. If capacity is insufficient to enroll all eligible |
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| 142 | 221 | | preference to eligible students who reside within the boundaries of |
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| 143 | 222 | | the school district in which the charter school is located and who |
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| 144 | 223 | | attend a school site that has been identified as in need of |
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| 145 | 224 | | improvement by the State Board of Education pursuant to the |
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| 146 | 225 | | Elementary and Secondar y Education Act of 1965 , as amended or |
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| 147 | 226 | | reauthorized by P.L. No. 114-95, also known as the Every Student |
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| 148 | 227 | | Succeeds Act (ESSA). A charter school may limit admission to |
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| 149 | 228 | | students within a given age group or grade level. A charter school |
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| 150 | 229 | | sponsored by the State wide Charter School Board when the applicant |
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| 151 | 230 | | of the charter school is the Offi ce of Juvenile Affairs shall limit |
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| 152 | 231 | | admission to youth that are in the custody or supervision of the |
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| 153 | 232 | | Office of Juvenile Affairs. |
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| 154 | 233 | | B. A brick-and-mortar charter school shall admit students who |
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| 155 | 234 | | reside in the attendance area of a school or in a school district |
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| 156 | 235 | | that is under a court order of desegregation or that is a party to |
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| 157 | 236 | | an agreement with the United States Department of Education Office |
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| 158 | 237 | | for Civil Rights directed towards mediating alleged or proven racial |
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| 159 | 238 | | discrimination unless notice is received from the re sident school |
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| 160 | 239 | | district that admission of the student would violate the court order |
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| 161 | 240 | | or agreement. |
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| 162 | 241 | | C. A brick-and-mortar charter school may designate a specific |
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| 163 | 242 | | geographic area within the school district in which the charter |
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| 193 | 296 | | enterprise zone shall be a geographic area in which sixty percent |
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| 194 | 297 | | (60%) or more of the children who reside in the area qualify for the |
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| 195 | 298 | | free or reduced school lu nch program. |
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| 196 | 299 | | D. Except as provided in subsections B and C of this section, a |
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| 197 | 300 | | charter school or virtual charter school shall not limit admission |
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| 198 | 301 | | based on ethnicity, national orig in, gender, income level, disabling |
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| 199 | 302 | | condition, proficiency in the English language, measures of |
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| 200 | 303 | | achievement, aptitude, or athletic ability. |
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| 201 | 304 | | E. A sponsor of a charter school shall not restrict the number |
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| 202 | 305 | | of students a charter school may enroll, and the Sta tewide Charter |
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| 203 | 306 | | School Board shall not restrict the number of students a virtua l |
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| 204 | 307 | | charter school or charter school may enroll. The capacity of a |
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| 205 | 308 | | charter school or virtual charter school shall be determined |
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| 206 | 309 | | quarterly by the governing board of the charter sch ool or virtual |
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| 207 | 310 | | charter school pursuant to the provisions of the Education Open |
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| 208 | 311 | | Transfer Act. |
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| 209 | 312 | | F. Beginning July 1, 2024, each statewide virtual charter |
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| 210 | 313 | | school which has been approved and sponsored by the Statewide |
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| 211 | 314 | | Charter School Board or any virtual charte r school for which the |
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| 212 | 315 | | Board has assumed sponsorship as provided for in Section 1 Section |
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| 213 | 316 | | 3-132.1 of this act title shall be considered a statewide virtual |
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| 243 | 370 | | H. G. Beginning July 1, 2024 2025, students enrolled full -time |
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| 244 | 371 | | in a statewide virtual charter school sponsored by the Statewide |
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| 245 | 372 | | Charter School Board shall not be authorized to participate in any |
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| 246 | 373 | | activities administered by the Oklahoma Secondary School Activities |
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| 247 | 374 | | Association pursuant to Section 1 of this act . However, the |
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| 248 | 375 | | students Virtual charter school students may participate in |
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| 249 | 376 | | intramural activities sponsored by a statewide virtual charter |
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| 250 | 377 | | school, an online provider for the charter school, or any other |
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| 251 | 378 | | outside organization. |
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| 252 | 379 | | I. H. 1. Beginning July 1, 2024, a public school student who |
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| 253 | 380 | | wishes to enroll in a virtual charter school shall be considered a |
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| 254 | 381 | | transfer student from his or her resident school district. A |
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| 255 | 382 | | virtual charter schoo l shall pre-enroll any public school student |
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| 256 | 383 | | whose parent or legal guardian ex presses intent to enroll in the |
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| 257 | 384 | | virtual charter school. Upon pre -enrollment, the State Department |
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| 258 | 385 | | of Education shall initiate a transfer on a form to be completed by |
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| 259 | 386 | | the receiving virtual charter school. Upon approval of the |
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| 260 | 387 | | receiving virtual charter school, the student may begin |
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| 261 | 388 | | instructional activities. Upon notice that a public school student |
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| 262 | 389 | | has transferred to a virtual charter school, the resident school |
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| 263 | 390 | | district shall transmit the student’s records within three (3) |
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| 264 | 391 | | school days. |
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| 294 | 445 | | technology infrastructure necessary to process the transfer of |
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| 295 | 446 | | students to a virtual charter school is inadequate and additional |
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| 296 | 447 | | time is needed for implementation. |
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| 297 | 448 | | 3. A public school student may transfer to one statewide |
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| 298 | 449 | | virtual charter school at any time during a school year. For |
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| 299 | 450 | | purposes of this subsection, “school year” shall mean July 1 through |
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| 300 | 451 | | the following June 30. After one statewide virtual charter s chool |
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| 301 | 452 | | transfer during a school year, no public school student shall be |
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| 302 | 453 | | permitted to transfer to any other statewide virtual charter school |
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| 303 | 454 | | without the concurrence of both the res ident school district and the |
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| 304 | 455 | | receiving virtual charter school. A student shall have a grace |
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| 305 | 456 | | period of fifteen (15) school days from the first day of enrollment |
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| 306 | 457 | | in a statewide virtual charter school to withdraw without academic |
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| 307 | 458 | | penalty and shall continue to have the option of one virtual charter |
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| 308 | 459 | | school transfer without the concurre nce of both the resident school |
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| 309 | 460 | | district and the receiving virtual charter school during that same |
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| 310 | 461 | | school year. A statewide virtual charter school student that has |
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| 311 | 462 | | utilized the allowable one transfer pursuant to this subsection |
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| 312 | 463 | | shall not be permitted to transfer to another school district or |
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| 313 | 464 | | another statewide virtual charter school without first notifying his |
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| 314 | 465 | | or her resident district and initiating a new transfer. Upon |
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| 315 | 466 | | cancellation of a transfer, the virtual charter school shall |
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| 345 | 520 | | virtual charter school shall not be required to submit a virtual |
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| 346 | 521 | | charter transfer for consecutive years of enrollment. Any student |
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| 347 | 522 | | enrolled in a statewide virtual charter school the year prior to the |
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| 348 | 523 | | implementation of this section shall not be required to submit a |
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| 349 | 524 | | transfer in order to remain enrolled. |
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| 350 | 525 | | J. I. 1. Beginning July 1, 2024, a student shall be eligible |
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| 351 | 526 | | to enroll in a statewide virtual charte r school sponsored by the |
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| 352 | 527 | | Statewide Charter School Board pursuant to Section 1 Section 3-132.1 |
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| 353 | 528 | | of this act title if he or she is a student whose parent or legal |
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| 354 | 529 | | guardian is transferred or is pending transfer to a military |
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| 355 | 530 | | installation within this state while on active military duty |
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| 356 | 531 | | pursuant to an official military order. |
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| 357 | 532 | | 2. A statewide virtual charter school shall accept applications |
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| 358 | 533 | | by electronic means for enrollment and course registration for |
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| 359 | 534 | | students described in paragraph 1 of this subsection. |
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| 360 | 535 | | 3. The parent or legal guardian of a student described in |
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| 361 | 536 | | paragraph 1 of this subsection shall provide proof of residence in |
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| 362 | 537 | | this state within ten (10) days after the published arrival date |
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| 363 | 538 | | provided on official documentation. A parent or legal guardian may |
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| 364 | 539 | | use the following addresses as proof of residence: |
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| 365 | 540 | | a. a temporary on-base billeting facility, |
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| 366 | 541 | | b. a purchased or leased home or apartment, or |
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| 396 | 595 | | 4. The provisions of paragraph 3 of subsect ion I H shall apply |
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| 397 | 596 | | to students described in paragraph 1 of this subsection. |
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| 398 | 597 | | 5. For purposes of this subsection: |
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| 399 | 598 | | a. “active military duty ” means full-time military duty |
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| 400 | 599 | | status in the active uniformed service of the United |
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| 401 | 600 | | States including members of the National Guard and |
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| 402 | 601 | | Military Reserve military reserves on active duty |
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| 403 | 602 | | orders, and |
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| 404 | 603 | | b. “military installation ” means a base, camp, post, |
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| 405 | 604 | | station, yard, center, homeport facility for any ship, |
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| 406 | 605 | | or other installation under the jurisdiction of the |
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| 407 | 606 | | United States Department of Defense or the United |
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| 408 | 607 | | States Coast Guard. |
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| 409 | 608 | | SECTION 3. AMENDATORY 70 O.S. 2021, Section 27 -103, is |
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| 410 | 609 | | amended to read as follows: |
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| 411 | 610 | | Section 27-103. A public school or school district shall not be |
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| 412 | 611 | | a member of any school athletic association unless that association |
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| 413 | 612 | | has adopted a written policy that requires the following: |
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| 414 | 613 | | 1. All records of the association to be made accessible |
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| 415 | 614 | | consistent with the pro visions of the Oklahoma Open Records Act; |
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| 416 | 615 | | 2. All meetings of the association to be open and conducted in |
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| 417 | 616 | | a manner consistent with the provisions of the Oklahoma Open Meeting |
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| 447 | 670 | | 3. That a student enrolled in a charter school or virtual |
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| 448 | 671 | | charter school is allowed to participate in interscholastic |
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| 449 | 672 | | activities or contests offered by the student ’s resident district as |
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| 450 | 673 | | defined in Section 1 -113 of this title. Student pa rticipation shall |
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| 451 | 674 | | be subject to the provisions of Section 1 of this act; and |
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| 452 | 675 | | 4. An annual financial audit and a compliance audit of all |
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| 453 | 676 | | funds of the association in accordance with the auditing standards |
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| 454 | 677 | | set forth in the Oklahoma Public School Audit Law. In addition, the |
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| 455 | 678 | | association shall have performance audits conducted of the |
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| 456 | 679 | | operations of the association. A performance audit shall be |
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| 457 | 680 | | conducted no later than December 31, 2014, and by December 31 every |
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| 458 | 681 | | five (5) years thereafter. |
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| 459 | 682 | | SECTION 4. This act shall become effective July 1, 2025. |
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| 460 | 683 | | SECTION 5. It being immediately necessary for the preservation |
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| 461 | 684 | | of the public peace, health, or safety, an emergency is hereby |
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| 462 | 685 | | declared to exist, by reason whereof this act shall take effect and |
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| 463 | 686 | | be in full force from and after its passage and approval. |
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