SENATE FLOOR VERSION - SB699 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION February 25, 2025 SENATE BILL NO. 699 By: Pugh An Act relating to school accreditation; amending 70 O.S. 2021, Section 3 -104.4, which relates to standards of accreditation for public schools; directing accreditation standards to provide for deficiencies; allowing a school to request a due process hearing before the State Board of Education within certain time period; providing for adoption of due process procedures; directing notice to be provided to a school district in certain manner; directing a failure to request a hearing to be considered a waiver of a right to a hearing; providing for promulgation of rules to establish certain procedures; updating statutory language; updating statutory reference; 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 -104.4, is amended to read as follows: Section 3-104.4. A. The State Board of Education shall a dopt 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 standards shall incor porate the curricular standards established pursuant to Section 11 -103.6 of SENATE FLOOR VERSION - SB699 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this title. The accreditation standards shall equal or exceed nationally recognized accreditation standards to the extent that the standards are consistent with an academic result s oriented approach to accreditation. The accreditation standards 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 available for public inspection at the offices of the State Department of Education. 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 students served by each counselor, and information regarding the number of counselors 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 condi tion 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. SENATE FLOOR VERSION - SB699 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. The accreditation standards shall provide for deficiencies, warnings, probation, or nonaccredited status for schools that fail to meet the one or more or all standards. 3. The State Department of Education shall investigate a complaint of failure to provide educational services or failure to comply with accredit ation standards within thirty (30) days of receiving the complaint. If the Department determines that a school has failed to comply with the accreditation standards, the Department shall report the recommended deficiencies, warning, probation, or nonaccredited accreditation status t o the State Board of Education within ninety (90) days. The school shall be given an opportunity to request a hearing before the Board pursuant to the due process procedures adopted by the Board as provided for in this subsection. If a school does not request a due process hearing within ten (10) business days and does not take action to comply with the accreditation standards within ninety (90) days after a report is filed by the Department, the Board shall withdraw accreditation for the school. 4. Prior to the State Board of Education taking action on a recommendation from the State Department of Education to change the accreditation status of a school site or school district by classifying the site or district with deficienc ies, warning, probation, or nonaccredited accreditation status, the school district shall be given an opportunity to request a hearing before SENATE FLOOR VERSION - SB699 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Board pursuant to the due process procedures adopted by the Board as provided for in this subsection. The sch ool district shall receive notice of the right to a hearing by certified mail, with the postmark used to determine the timeliness of the notice . The hearing shall be conducted by the Board. Failure of the school district to request a hearing within ten ( 10) business days of receipt of such notice shall be considered a waiver of the district’s right to a hearing. 5. The State Board of Education shall promulgate rules establishing the due process procedures providing notice and an opportunity for a hearing prior to the accreditation status of a school site or school district being changed. The rules shall be adopted pursuant to the Administrative Procedures Act. 6. The State Board of Education’s accreditation regulations rules shall provide for warnings a nd for assistance to schools 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 accreditation as required pursuant to this section or subsequentl y lose accreditation, the St ate 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 sch ools. SENATE FLOOR VERSION - SB699 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 provided by public school districts or sta te- 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 ongoi ng basis if the educational program and services are in compliance with the accreditation standards. F. The State Board of Education shall provide assistance to districts in considering the possibility of meeting accreditation requirements through the use of nontraditional 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 us e 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 media materials and equipment standards, me dia SENATE FLOOR VERSION - SB699 SFLR Page 6 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 during the fiscal year which begins on the J uly 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 appropriation amount is at least Fifty Million Dollars ($50,000,000.00) greater than the amount 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. 2018. 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 against a school or school district for fail ing to meet the media personnel standards as set forth in accreditation standards adopted by the Board. H. 1. The State Board of Education shall not assess a financial penalty against any school district which is given a deficiency in accreditation statu s 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 SENATE FLOOR VERSION - SB699 SFLR Page 7 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the financial support of public schools including funds appor tioned pursuant to Section 2 Section 426 of this act 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 for the financial support of pub lic schools for the fiscal y ear ending June 30, 2019, pursuant to Chapter 146, O.S.L. 2018, a financial penalty shall be assessed 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 suppo rt 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 House 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 oc cur once every four (4) year s on a schedule adopted by the State Board of Education. The Board may interrupt the evaluation schedule provided in this subsection SENATE FLOOR VERSION - SB699 SFLR Page 8 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 for reasons including a change in the superintendent of the school district; determination tha t 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 investiga tion by the Board or a law enforcement agency; or other determination by the 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 fo r teachers, principals , and superintendents; 4. School board governance , including instructional and continuing education requirements for school board members; and 5. Any other requirements under state 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 accordance with this section. SENATE FLOOR VERSION - SB699 SFLR Page 9 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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 February 25, 2025 - DO PASS