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ENGROSSED SENATE
BILL NO. 758 By: Thompson, Paxton, and
Seifried of the Senate
and
Moore and Caldwell (Chad)
of the House
An Act relating to schools; amending 70 O.S. 2021,
Section 1-109, which relates to length of the school
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 certain amount
of virtual instruction may count toward certain
classroom instruction time requirement beginning in
certain school year; providing certain exceptions;
requiring publication and submission of certain
annual report; providing fo r contents of report;
updating statutory language; updating statutory
reference; and declaring an emergency .
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
2. For not less than one thousand eighty (1 ,080) hours each
school year, if a district board of education adopts a school -hours
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policy and notifies the 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 hundred
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 requirements 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 p rofessional
meetings toward the one hundred eighty (180) days or one thousand
eighty (1,080) hours of classr oom instruction time required in
subsection A of this section.
C. Teachers off contract with an employing district shall not
be required by the emp loying school district to attend professional
meetings unless the teacher is paid additional compensation for the
additional time. Teachers may be paid additional compensation for
attending professional meetings in excess of their contract term.
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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 coun ted as classroom
instruction time for no more than six (6) hours per semester, for a
total of twelve (12) ho urs 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 criteria shall:
1. Prescribe a lengthened school day wit hin limits determined
not to be detrimental to quality instruction;
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
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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 (1 80) 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;
4. The district shall hold a public hearing prior to the
adoption of an extended-day schedule authorized pursuant to this
subsection; and
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5. The district shall document the impact on student
achievement as determined by the academic performance data score and
any other relevant factors that are a result of implementati on 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 sh all revoke
authorization as provided by this subsection. If the district does
not revoke authorization afte r student achievement is not documented
in the report, the State Board of Education may deny accreditation
of any school in violation of this subsec tion.
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 performan ce and school
district cost savings established by the State Board of Education.
The State Board of Educati on shall promulgate rules, subject to
approval by the Legislature, establishing the minimum guidelines for
student performance and school district c ost savings.
I. If subject to paragraph 2 of subsection A of this section, a
district board of education or designee may elect to close a school
during the school day for inclement weather purposes. In such an
event, the number of hours incurred in class room instruction time
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prior to school closure shall be counted toward the one thousand
eighty (1,080) hours per year requirement.
J. 1. Except as provided for in paragraph 2 of this
subsection, beginning with the 2026 -2027 school year a school
district or charter school shall not count days or portions of days
when school is closed and virtual instruction 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 systems as a form of instruction.
2. Beginning with the 2026-2027 school year, a school district
or charter school may count up to two (2) days or twelve (12) hours
when school is closed and virtual instruction 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 only if:
a. the Superintendent of Public Instruction has approved
the virtual instruction plan submitted by a school
district board of education or charter school
governing board. A school district board of education
or charter school governing board s hall approve its
virtual instruction plan, publish the plan on the
website for the school district or charter school, and
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submit it to the Superintendent of Public Instruction
by November 1, 2025. The Superintendent shall approve
or disapprove all submitt ed virtual instruction plans
by January 31, 2026. A school district board of
education or charter school go verning board shall
review its virtual instruction plan annually and
approve any necessary revisions for submission to the
Superintendent of Public Instruction by November 1
each subsequent year, and the Superintendent shall
approve or disapprove submitted plans by January 31
each subsequent year. If a plan is disapproved, the
school district board of education or charter school
governing board may approve a revised plan, publish it
on the website for the school district or charter
school, and submit it to the Superintendent. The plan
shall include a virtual needs assessment which shall
address availability of technology infrastructure to
deliver virtual instruction. The plan shall also
address how the school district or charter school
plans to provide:
(1) instruction to students on an Individualized
Education Program (IEP),
(2) child nutrition services, and
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(3) transportation for students enrolled in
technology center school courses or programs,
b. a state of emergency or proclamation has been issued
by the Governor for a specific reason relating to
school district or charter school operations, and
c. the school district board of education or charte r
school governing board approves the use of virtual
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, 2027, 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 rega rding 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 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.
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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
Fair Labor Standards Act of 1938 status of any school district
employee.
K. M. The provisions of this section shall 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 the Deaf notifies
and receives approval from the State Board of Education prior to
October 15 of the applicable school year.
SECTION 2. It being immediately necessary for the preservation
of the public peace, h ealth, 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.
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Passed the Senate the 27th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives