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SENATE FLOOR VERSION
March 4, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 758 By: Thompson and Paxton of the
Senate
and
Moore of the House
An Act relating to schools; amending 70 O.S. 2021,
Section 1-109, which relates to length of the schoo l
year; prohibiting a school district or charter school
from counting certain days or portions of days when
school is closed and virtual instruction is provided
toward certain classroom instruction time
requirement; defining term; providing circumstances
under which school may be closed and virtual
instruction may count toward certain classroom
instruction time requirement; providing certain
exceptions; requiring publication and submission of
certain annual report; providing for contents of
report; updating statutory language; and updating
statutory reference.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1 -109, is
amended to read as follows:
Section 1-109. A. For all public schools in Oklahoma this
state, school shall actually be in session and classroom instruction
offered:
1. For not less than one hundred eighty (180) days; or
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2. For not less than one thousand eighty (1,080) hours each
school year, if a district board of education adopts a school -hours
policy and notifies th e State Board of Education prior to October 15
of the applicable school year; or
3. Beginning with the 2021 -2022 school year, for not less than
one thousand eighty (1,080) hours with a minimum of one h undred
sixty-five (165) days of instruction each school year, if a district
board of education adopts a school -hours policy and notifies the
State Board of Education prior to October 15 of the applicable
school year; or
4. Beginning with the 2021 -2022 school year, for not less than
one thousand eighty (1,080 ) hours each school year, if a district
board of education adopts a school -hours policy, notifies the State
Board of Education prior to October 15 of the applicable school
year, and meets the requiremen ts established by the State Board of
Education pursuant to subsection H of this section.
B. A school district may not count more than thirty (30) hours
each school year that are used for attendance of professional
meetings toward the one hundred eighty (1 80) days or one thousand
eighty (1,080) hours of class room instruction time required in
subsection A of this section.
C. Teachers off contract with an employing district shall not
be required by the employing school district to attend professional
meetings unless the teacher is paid additional compensation for the
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additional time. Teachers may be paid additional compensation for
attending professional meetings in excess of their contract term.
Subject to district board of education policy or collective
bargaining agreement, additional paid professional days may be
granted for individual teachers to attend or participate in
professional meetings, staff development training, or National Board
certification portfolio development as provided for in Section 6 -
204.2 of this title.
D. A school district may authorize parent -teacher conferences
to be held during a regular school day. If authorized by the school
district, parent-teacher conferences shall be counted as classroom
instruction time for no more than si x (6) hours per semester, for a
total of twelve (12) h ours per school year.
E. A school district may maintain school for less than a full
school year only when conditions beyond the control of school
authorities make the maintenance of the term impossible and the
State Board of Education has been apprised and has expressed
concurrence in writing.
F. The State Board of Education shall establish criteria for an
extended-day schedule for schools subject to paragraph 1 of
subsection A of this section. The cr iteria shall:
1. Prescribe a lengthened school day wi thin limits determined
not to be detrimental to quality instruction;
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2. Ensure that the schedule is equivalent in annual hours of
instruction to the one -hundred-eighty-day school year specified in
paragraph 1 of subsection A of this section; and
3. Be consistent with the provisions of this section and
Sections 1-111 and 1-112 of this title, but may result in fewer
annual days of instruction.
G. Notwithstanding the provisions of subsection F of this
section, a school district board of education subject to paragraph 1
of subsection A of this section may adopt and implement an extended -
day schedule subject to the following requirements:
1. The annual number of hours of instruction shall equal or
exceed one thousand eighty (1,080) hours, which is the equivalent of
one hundred eighty (180) days of instruction as specified in
subsection A of this section for six (6) hours each day as specified
in Section 1-111 of this title;
2. The annual number of days of instruction shall equal or
exceed one hundred eighty ( 180) days as specified in subsection A of
this section;
3. The schedule adopted shall be consistent with the provisions
of Sections 1-111 and 1-112 of this title, except that for not more
than one (1) day per week, a school day shall consist of not less
than five (5) hours devoted to academic instruction in a regular
classroom setting;
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4. The district shall hold a public hearing prior to the
adoption of an extended -day schedule authorized pursuant to t his
subsection; and
5. The district shall document th e impact on student
achievement as determined by the academic performance data score and
any other relevant factors that are a result of implementation of an
extended-day schedule authorized pursuant to this subsection and
provide an annual report to the State Board of Education of the
results. If improvement in student achievement cannot be documented
in the report, the district board of education shall revoke
authorization as provided by this subsecti on. If the district does
not revoke authorization aft er student achievement is not documented
in the report, the State Board of Education may deny accreditation
of any school in violation of this subsection.
H. Beginning with the 2021 -2022 school year, a school district
board of education may adopt a school -hours policy as provided for
by paragraph 4 of subsection A of this section only if it meets or
exceeds the minimum guidelines for student performance and school
district cost savings established by th e State Board of Education.
The State Board of Educat ion shall promulgate rules, subject to
approval by the Legislature, establishing the minimum guidelines for
student performance and school district cost savings.
I. If subject to paragraph 2 of subsect ion A of this section, a
district board of education or designee may elect to close a school
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during the school day for inclement weather purposes. In such an
event, the number of hours incurred in classroom instruction time
prior to school closure shall b e counted toward the one thousand
eighty (1,080) hours per year requirement.
J. 1. Except as provided for in paragraph 2 of this
subsection, a school district or charter school shall not count days
or portions of days when school is closed and virtual in struction is
provided toward the one hundred eighty (180) days or one thousand
eighty (1,080) hours of classroom instruction time required by
subsection A of this section. For the purposes of this subsection,
“virtual instruction” means the use of the Internet or other digital
information transmission system s as a form of instruction.
2. Days or portions of days when school is closed and virtual
instruction is provided may count toward the one hundred eighty
(180) days or one thousand eighty (1,080) hours of classroom
instruction time required by subsection A of this section only if:
a. a state of emergency or proclamation has been issued
by the Governor for a specific reason relating to
school district or charter school operations ,
b. the Superintendent o f Public Instruction approves the
use of virtual instr uction based on the ability of the
school district or charter school to provide virtual
instruction, and
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c. the school district board of education or charter
school governing board approves the use of v irtual
instruction.
3. The provisions of this subsection shall not apply to
statewide virtual charter schools or full -time virtual education
programs operated by a school district.
K. By June 30, 2026, and by June 30 each subsequent year, the
State Department of Education shall publish on its website and
electronically submit to the Governor, the President Pro Tempore of
the Senate, and the Speaker of the House of Representatives a report
with information regarding the use of virtual instruction as
authorized by subsection J of this section. The report shall
include, at a minimum:
1. The school districts and charter schools that closed school
and provided virtual instruction as authorized by paragraph 2 of
subsection J of this section and the length of time virtual
instruction was provided ; and
2. The reason for which school was closed and virtual
instruction was provided .
L. Nothing in this section shall be construed as affecting the
right of an employing school district to require teachers as defined
in Section 6-101.3 of this title to work in excess of the one
thousand eighty (1,080) hours required for student instruction. In
addition, nothing in this section shall be construed to affect the
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Fair Labor Standards Act of 1938 status of any school distr ict
employee.
K. M. The provisions of this section sh all not prohibit the
Oklahoma School for the Blind or the Oklahoma School for the Deaf
from adopting an alternative school -hours policy if the Oklahoma
School for the Blind or the Oklahoma School for th e Deaf notifies
and receives approval from the State Board of Education prior to
October 15 of the applicable school year.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
March 4, 2025 - DO PASS AS AMENDED BY CS