1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 2076 By: Caldwell (Chad) |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to charter schools; creating the |
| Statewide Charter School Board; providing authority |
8| of board beginning on certain date; providing for |
| membership; requiring initial appointments by certain |
9| date; providing terms of members; providing for |
| annual election of chair and vice-chair; allowing a |
10| member to be removed for certain reasons; providing |
| for filling of vacancies; prohibiting certain |
11| legislators from serving as members; providing for |
| travel reimbursement; requiring first meeting of |
12| Board to be held by certain date; providing for |
| frequency of meetings; specifying quorum |
13| requirements; requiring virtual charter schools to |
| only be sponsored by the Statewide Charter School |
14| Board beginning on certain date; abolishing the |
| Statewide Virtual Charter School Board upon certain |
15| date; providing for succession to certain rights, |
| responsibilities, and agreements executed prior to |
16| certain date; providing for transfer of powers, |
| duties, personnel, property, and other items; |
17| directing the Director of the Office of Management |
| and Enterprise Services to coordinate certain |
18| transfers; providing for succession of certain |
| contracts; providing for virtual charter school |
19| sponsorship contract renewal; providing for |
| enforceability of certain administrative rules; |
20| granting rulemaking authority; providing for |
| succession to certain rights, responsibilities, and |
21| agreements executed by the State Board of Education |
| prior to certain date; directing Statewide Charter |
22| School Board to assume certain sponsorships; |
| providing for certain sponsorship renewal; permitting |
23| certain charter schools to apply for sponsorship |
| renewal with the Statewide Charter School Board; |
24| establishing powers and duties of the Statewide |
| Charter School Board; reserving certain powers and |
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1| duties for the State Board of Education; defining |
| terms; providing for preparation of a conversion |
2| plan; requiring certain items to be included in plan; |
| mandating conversion to school to comply with certain |
3| laws; exempting application of certain laws; |
| providing for funding of conversion schools; |
4| describing process for conversion school reversion; |
| requiring Board to make publicly available a list of |
5| certain courses beginning on certain date; directing |
| the Board, in certain conjunction, to negotiate and |
6| enter into contracts with certain providers; creating |
| the Statewide Charter School Board Revolving Fund; |
7| specifying sources of fund; providing for |
| expenditures; providing purpose of fund; amending 70 |
8| O.S. 2021, Section 3-104, which relates to powers and |
| duties of the State Board of Education; updating |
9| statutory references; modifying reference from the |
| Statewide Virtual Charter School Board to the |
10| Statewide Charter School Board; amending 70 O.S. |
| 2021, Sections 3-132, as amended by Section 1, |
11| Chapter 222, O.S.L. 2022, 3-134, as amended by |
| Section 2, Chapter 222, O.S.L. 2022, 3-136, 3-137, |
12| 3-139, 3-140, 3-142, 3-143, and 3-144 (70 O.S. Supp. |
| 2022, Sections 3-132 and 3-134), which relate to |
13| implementation of the Oklahoma Charter Schools Act; |
| modifying eligibility of certain entities to sponsor |
14| charter schools; updating entity reference; excepting |
| existing charter schools from certain limitation; |
15| striking duplicative language; transferring certain |
| training duty from the State Department of Education |
16| to the Statewide Charter School Board; requiring |
| training after certain date for certain sponsors; |
17| establishing deadline for training development and |
| implementation; modifying application process and |
18| contents for certain schools; requiring certain |
| governing boards to meet monthly at a minimum; |
19| including copies of certain contracts in application; |
| prohibiting certain entities from contracting with a |
20| private school; removing references to charter |
| schools sponsored by certain entities; deleting |
21| limitation of physical locations for certain charter |
| schools; striking appeals process for certain sponsor |
22| rejections; prohibiting delegation of certain |
| responsibilities to a school district; providing for |
23| powers and duties of charter school and virtual |
| charter school sponsors; requiring Statewide Charter |
24| School Board to post certain information on its |
| website; modifying contents of certain written |
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1| contracts beginning on certain date; providing |
| exemption from certain statutes and rules for charter |
2| schools and virtual charter schools; requiring |
| charter contract to describe educational program |
3| being offered; subjecting charter schools and virtual |
| charter schools to certain limitations on spending; |
4| prescribing requirements for governing board members; |
| subjecting governing board to certain conflict of |
5| interest requirements; requiring governing board to |
| comply with certain instruction and continuing |
6| education requirements; requiring notification to |
| sponsor of certain significant actions; requiring |
7| charter contracts to include certain performance |
| provisions; authorizing sponsor to develop a separate |
8| performance framework; requiring submission of data |
| in certain identical format; prescribing minimum |
9| framework for performance evaluation; including |
| certain indicators of evaluation; requiring annual |
10| evaluation of performance framework; mandating |
| presentation of evaluation results in certain open |
11| meeting; limiting provisions of charter contracts; |
| permitting an applicant to hold multiple charter |
12| contracts; defining term; prohibiting certain schools |
| from entering into certain employment contract under |
13| certain circumstances; providing for contents of |
| employment contract; requiring disclosure of |
14| employment rights; prohibiting certain schools from |
| serving certain students without certain contract; |
15| authorizing sponsor to establish certain requirements |
| or conditions for certain schools; updating |
16| references; requiring certain school district to |
| include charter school in bond issue planning; |
17| providing for increase in length of certain charter |
| contracts; prescribing a performance report prior to |
18| the final year of a charter contract renewal; |
| including certain information in report; permitting |
19| sponsor to require charter school to develop a |
| corrective action plan; authorizing nonrenewal of |
20| contract in certain cases; deleting requirement of |
| sponsor to appear before the State Board of Education |
21| in certain circumstances; requiring certain school to |
| disclose revocation or nonrenewal in a subsequent |
22| application; including virtual charter schools in |
| teacher salary and hiring provisions; updating |
23| statutory language; requiring certain school district |
| to provide directory information for students |
24| residing in the district upon request; prescribing |
| geographic boundaries for virtual charter schools; |
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1| prohibiting certain students from participating in |
| certain activities; permitting participation in |
2| intramural activities; designating certain students |
| as transfer students; prescribing process for |
3| enrollment in virtual charter school; requiring |
| transmission of student records within certain time; |
4| directing certain notification if technology |
| infrastructure is inadequate; prescribing limitation |
5| of student transfers; defining term; prohibiting |
| additional transfer without certain concurrence; |
6| providing a grace period for withdrawal; requiring |
| certain notification; providing for transfer for |
7| students who have a parent or guardian in the |
| military; prescribing process for transfer; defining |
8| terms; prohibiting the Statewide Charter School Board |
| from charging a fee for administrative or other |
9| services; specifying how sponsor fee should be used; |
| directing development of certain data codes for |
10| reporting expenditures; requiring sponsor to publish |
| certain report on its website; mandating sponsor to |
11| present report in public meeting; providing content |
| for report; updating statutory language; transferring |
12| oversight authority of the Charter School Closure |
| Reimbursement Revolving Fund; reassigning duty to |
13| submit certain annual report; modifying authority |
| over the Charter Schools Incentive Fund; amending 70 |
14| O.S. 2021, Sections 3-145.5, as amended by Section 2, |
| Chapter 153, O.S.L. 2022 (70 O.S. Supp. 2022, Section |
15| 3-145.5), 3-145.7, and 3-145.8, which relate to |
| virtual charter schools; deleting outdated language; |
16| granting Statewide Virtual Charter School Board |
| authority over certain revolving fund until certain |
17| date; transferring funds to certain revolving fund on |
| certain date; updating statutory references to |
18| Statewide Charter School Board; requiring sponsor |
| governing board to designate representative to |
19| complete annual sponsor workshop requirement; |
| including specified topics in workshop; amending 70 |
20| O.S. 2021, Section 5-200, which relates to management |
| organizations; requiring amounts paid to certain |
21| organizations be pursuant to contract terms; |
| mandating disclosure pursuant to certain guidelines; |
22| updating statutory citations; amending 70 O.S. 2021, |
| Section 18-124, which relates to limitations on |
23| administrative services expenditures; providing |
| applicability of limitation to certain schools; |
24| clarifying calculation for specified schools; |
| modifying definition; amending 70 O.S. 2021, Section |
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1| 1210.704, which relates to the provision of advanced |
| placement courses; updating references to the |
2| Statewide Charter School Board; repealing 70 O.S. |
| 2021, Sections 3-135, 3-145.1, 3-145.2, 3-145.3, and |
3| 3-145.4, which relate to sponsor contract guidelines |
| and meetings and rule promulgation of the Statewide |
4| Virtual Charter School Board; providing for |
| codification; providing effective dates; and |
5| declaring an emergency. |
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6| |
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7| |
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8|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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9| SECTION 1. NEW LAW A new section of law to be codified |
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10|in the Oklahoma Statutes as Section 3-132.1 of Title 70, unless |
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11|there is created a duplication in numbering, reads as follows: |
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12| A. There is hereby created the Statewide Charter School Board. |
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13|Beginning July 1, 2024, the Board shall have the sole authority to |
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14|sponsor statewide virtual charter schools in this state and may |
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15|sponsor charter schools in this state. The Board shall be composed |
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16|of nine (9) voting members as follows: |
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17| 1. Three members appointed by the Governor, one of whom shall |
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18|initially be a person appointed by the Governor and currently |
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19|serving as a member of the Statewide Virtual Charter School Board |
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20|and one of whom shall possess strong experience and expertise in |
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21|virtual charter schools; |
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22| 2. Two members appointed by the President Pro Tempore of the |
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23|Senate, one of whom shall initially be a person appointed by the |
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24| |
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1|President Pro Tempore and currently serving as a member of the |
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2|Statewide Virtual Charter School Board; |
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3| 3. Two members appointed by the Speaker of the House of |
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4|Representatives, one of whom shall initially be a person appointed |
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5|by the Speaker and currently serving as a member of the Statewide |
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6|Virtual Charter School Board; |
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7| 4. The State Superintendent of Public Instruction or his or her |
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8|designee; and |
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9| 5. The State Auditor and Inspector or his or her designee. |
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10| B. Initial appointments shall be made by August 31, 2023. The |
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11|President Pro Tempore of the Senate and the Speaker of the House of |
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12|Representatives shall each appoint one member for one (1) year and |
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13|one member for two (2) years. The Governor shall appoint one member |
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14|for one (1) year and two members for two (2) years. Members shall |
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15|serve until their successors are duly appointed for a term of three |
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16|(3) years. Appointments shall be made by and take effect on July 31 |
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17|of the year in which the appointment is made. Annually by December |
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18|30, the Board shall elect from its membership a chair and |
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19|vice-chair. Members appointed to the Statewide Charter School Board |
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20|shall collectively possess strong experience and expertise in public |
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21|and nonprofit governance, management and finance, assessment, |
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22|curriculum and instruction, public charter schools, and public |
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23|education law. All appointed members of the Statewide Charter |
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24|School Board shall have demonstrated an understanding of and a |
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1|commitment to charter schools as a strategy for strengthening public |
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2|education. |
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3| C. A member may be removed from the Board by the appointing |
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4|authority for cause which shall include, but not be limited to: |
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5| 1. Being found guilty by a court of competent jurisdiction of a |
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6|felony or any offense involving moral turpitude; |
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7| 2. Being found guilty of malfeasance, misfeasance, or |
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8|nonfeasance in relation to Board duties; |
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9| 3. Being found mentally incompetent by a court of competent |
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10|jurisdiction; or |
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11| 4. Failing to attend three successive meetings of the Board |
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12|without just cause, as determined by the Board. |
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13| D. Vacancies shall be filled by the appointing authority. |
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14| E. No member of the Senate or House of Representatives may be |
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15|appointed to the Board while serving as a member of the Legislature. |
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16| F. Members of the Statewide Charter School Board shall not |
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17|receive compensation but shall be reimbursed for necessary travel |
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18|expenses pursuant to the provisions of the State Travel |
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19|Reimbursement Act. |
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20| G. The Statewide Charter School Board shall meet at the call of |
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21|the chair. The first meeting of the Board shall be held no later |
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22|than sixty (60) days after the effective date of this act. |
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23| |
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24| |
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1| H. Five members of the Board shall constitute a quorum, and an |
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2|affirmative vote of at least five members shall be required for the |
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3|Board to take any final action. |
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4| I. Beginning July 1, 2024, statewide virtual charter schools |
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5|shall be sponsored only by the Statewide Charter School Board |
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6|created pursuant to this section. Effective July 1, 2024, the |
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7|Statewide Virtual Charter School Board shall be abolished and the |
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8|Statewide Charter School Board shall succeed to any contractual |
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9|rights and responsibilities and settlement agreements incurred by |
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10|the Statewide Virtual Charter School Board in a virtual charter |
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11|school sponsorship contract executed prior to July 1, 2024. |
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12| 1. All powers, duties, responsibilities, policies, personnel, |
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13|property, equipment, supplies, records, assets, funds, current and |
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14|future liabilities, encumbrances, obligations, and indebtedness of |
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15|the Statewide Virtual Charter School Board or associated with a |
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16|virtual charter school sponsorship contract entered into by the |
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17|Statewide Virtual Charter School Board prior to July 1, 2024, shall |
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18|be transferred to the Statewide Charter School Board. No items |
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19|shall be expended or used for any purpose other than the performance |
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20|of duties and responsibilities as directed and required in this act. |
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21| Appropriate conveyances and other documents shall be executed to |
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22|effectuate the transfer of property associated with a sponsorship |
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23|contract. The Statewide Charter School Board may contract for |
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24| |
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1|additional legal and administrative services as necessary to |
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2|effectuate the transfers provided in this subsection. |
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3| 2. The Director of the Office of Management and Enterprise |
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4|Services shall coordinate the transfer of funds, allotments, |
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5|purchase orders, and outstanding financial obligations and |
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6|encumbrances relating to the regulation of virtual charter schools |
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7|as transferred pursuant to the provisions of this act. |
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8| 3. Upon succession of sponsorship contracts, the Statewide |
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9|Charter School Board shall assume sponsorship of the virtual charter |
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10|schools for the remainder of the term of the contracts. Prior to |
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11|the end of the current term of the contract, the Statewide Charter |
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12|School Board shall allow a virtual charter school to apply for |
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13|renewal of the sponsorship contract in accordance with the renewal |
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14|procedures established pursuant to Section 3-137 of Title 70 of the |
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15|Oklahoma Statutes. |
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16| 4. Effective July 1, 2024, all administrative rules promulgated |
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17|by the Statewide Virtual Charter School Board relating to the |
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18|implementation and enforcement of the Oklahoma Charter Schools Act |
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19|shall be enforceable by the Statewide Charter School Board. The |
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20|rules shall continue in force and effect and the Executive Director |
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21|of the Statewide Charter School Board shall have authority to amend, |
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22|repeal, recodify, or make additions to the rules pursuant to the |
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23|Administrative Procedures Act. |
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24| |
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1| J. Effective July 1, 2024, the Statewide Charter School Board |
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2|shall succeed to any contractual rights and responsibilities and |
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3|settlement agreements incurred by the State Board of Education in a |
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4|charter school sponsorship contract executed prior to July 1, 2024. |
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5|All property, equipment, supplies, records, assets, funds, current |
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6|and future liabilities, encumbrances, obligations, and indebtedness |
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7|associated with a charter school sponsorship contract entered into |
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8|by the State Board of Education prior to July 1, 2024, shall be |
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9|transferred to the Statewide Charter School Board. Appropriate |
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10|conveyances and other documents shall be executed to effectuate the |
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11|transfer of property associated with a sponsorship contract. Upon |
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12|succession of sponsorship contracts, the Statewide Charter School |
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13|Board shall assume sponsorship of the charter schools for the |
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14|remainder of the term of the contracts. Prior to the end of the |
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15|current term of the contract, the Statewide Charter School Board |
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16|shall allow a charter school to apply for renewal of the sponsorship |
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17|contract in accordance with the renewal procedures established |
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18|pursuant to Section 3-137 of Title 70 of the Oklahoma Statutes. |
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19| K. Beginning July 1, 2024, at the end of the current term of a |
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20|charter school sponsorship contract with a school district, an |
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21|accredited comprehensive or regional institution that is a member of |
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22|The Oklahoma State System of Higher Education, a community college, |
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23|or a federally recognized Indian tribe, a charter school may apply |
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24| |
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1|for contract renewal with the Statewide Charter School Board for |
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2|sponsorship. |
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3| SECTION 2. NEW LAW A new section of law to be codified |
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4|in the Oklahoma Statutes as Section 3-132.2 of Title 70, unless |
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5|there is created a duplication in numbering, reads as follows: |
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6| A. Beginning July 1, 2024, and subject to the requirements of |
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7|the Oklahoma Charter Schools Act, the Statewide Charter School Board |
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8|shall: |
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9| 1. Provide supervision and oversight of the operations of |
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10|statewide virtual charter schools in this state and charter schools |
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11|for which the Statewide Charter School Board is the sponsor, |
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12|recommend legislation pertaining to charter schools to the |
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13|Legislature, and promulgate rules and policies that the Board deems |
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14|necessary to accomplish the purposes prescribed in this section; |
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15| 2. Ensure compliance with state laws and training requirements |
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16|for all charter schools, virtual charter schools, and sponsors; |
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17| 3. Establish a procedure for accepting, approving, and |
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18|disapproving charter school and statewide virtual charter school |
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19|applications and a process for renewal or revocation of approved |
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20|charter school contracts which meet the procedures set forth in the |
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21|Oklahoma Charter Schools Act; |
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22| 4. Hire an executive director and other staff for its |
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23|operation; |
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24| |
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1| 5. Prepare a budget for expenditures necessary for the proper |
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2|maintenance of the Board and accomplishment of its purpose; |
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3| 6. Comply with the requirements of the Oklahoma Open Meeting |
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4|Act and Oklahoma Open Records Act; and |
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5| 7. Give priority to opening charter schools and virtual charter |
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6|schools that serve at-risk student populations or students from |
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7|low-performing traditional public schools. |
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8| B. The State Board of Education shall be responsible for |
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9|accreditation of charter schools and virtual charter schools and |
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10|ensure compliance with special education laws and federal laws and |
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11|programs administered by the State Board of Education. |
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12| C. 1. For purposes of the Oklahoma Charter Schools Act, |
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13|"charter school" means: |
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14| a. prior to July 1, 2024, a public school established by |
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15| contract with a school district board of education, a |
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16| technology center school district, a higher education |
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17| institution, a federally recognized Indian tribe, or |
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18| the State Board of Education, and |
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19| b. on July 1, 2024, and after, a public school |
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20| established by contract with a school district board |
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21| of education, a higher education institution, a |
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22| federally recognized Indian tribe, or the Statewide |
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23| Charter School Board, |
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24| |
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1|to provide learning that will improve student achievement and as |
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2|defined in the Elementary and Secondary Education Act of 1965, 20 |
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3|U.S.C. 8065. |
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4| 2. A charter school may consist of a new school site, new |
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5|school sites, or all or any portion of an existing school site. An |
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6|entire school district may not become a charter school site. |
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7| D. 1. For purposes of the Oklahoma Charter Schools Act, |
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8|"conversion school" means a school created by converting all or any |
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9|part of a traditional public school to access any or all |
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10|flexibilities afforded to a charter school; provided, however, all |
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11|or any part of a traditional public school may not be converted to a |
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12|virtual charter school. |
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13| 2. Prior to the board of education of a school district |
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14|converting all or any part of a traditional public school to a |
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15|conversion school, the board shall prepare a conversion plan. The |
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16|conversion plan shall include documentation that demonstrates and |
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17|complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, |
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18|19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134 |
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19|of Title 70 of the Oklahoma Statutes. The conversion plan and all |
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20|documents shall be in writing and shall be available to the public |
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21|pursuant to the requirements of the Oklahoma Open Records Act. All |
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22|votes by the board of education of a school district to approve a |
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23|conversion plan shall be held in an open public session. If the |
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24|board of education of a school district votes to approve a |
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1|conversion plan, the board shall notify the State Board of Education |
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2|within sixty (60) days after the vote. The notification shall |
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3|include a copy of the minutes for the board meeting at which the |
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4|conversion plan was approved. |
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5| 3. A conversion school shall comply with all the same |
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6|accountability measures as are required of a charter school as |
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7|defined in subsection B of this section. The provisions of Sections |
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8|3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply |
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9|to a conversion school. Conversion schools shall comply with the |
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10|same laws and State Board of Education rules relating to student |
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11|enrollment which apply to traditional public schools. Conversion |
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12|schools shall be funded by the board of education of the school |
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13|district as a school site within the school district and funding |
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14|shall not be affected by the conversion of the school. |
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15| 4. The board of education of a school district may vote to |
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16|revert a conversion school back to a traditional public school at |
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17|any time; provided, the change shall only occur during a break |
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18|between school years. |
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19| 5. Unless otherwise provided for in this subsection, a |
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20|conversion school shall retain the characteristics of a traditional |
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21|public school. |
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22| E. 1. Beginning July 1, 2024, the Statewide Charter School |
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23|Board shall make publicly available a list of supplemental online |
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24|courses which have been reviewed and certified by the Board to |
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1|ensure that the courses are high quality options and are aligned |
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2|with the subject matter standards adopted by the State Board of |
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3|Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma |
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4|Statutes. The Statewide Charter School Board shall give special |
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5|emphasis on listing supplemental online courses in science, |
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6|technology, engineering, and math (STEM), foreign language, and |
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7|advanced placement courses. School districts shall not be limited |
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8|to selecting supplemental online courses that have been reviewed and |
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9|certified by the Statewide Charter School Board and listed as |
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10|provided for in this paragraph. |
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11| 2. In conjunction with the Office of Management and Enterprise |
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12|Services, the Board shall negotiate and enter into contracts with |
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13|supplemental online course providers to offer a state rate price to |
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14|school districts for supplemental online courses that have been |
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15|reviewed and certified by the Statewide Charter School Board and |
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16|listed as provided for in this subsection. |
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17| SECTION 3. NEW LAW A new section of law to be codified |
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18|in the Oklahoma Statutes as Section 3-132.3 of Title 70, unless |
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19|there is created a duplication in numbering, reads as follows: |
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20| There is hereby created in the State Treasury a revolving fund |
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21|for the Statewide Charter School Board to be designated the |
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22|"Statewide Charter School Board Revolving Fund". The fund shall be |
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23|a continuing fund, not subject to fiscal year limitations, and shall |
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24|consist of all monies received by the Statewide Charter School Board |
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1|from state appropriations. All monies accruing to the credit of the |
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2|fund are hereby appropriated and may be budgeted and expended by the |
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3|Statewide Charter School Board for the purposes set forth in Section |
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4|2 of this act. Expenditures from the fund shall be made upon |
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5|warrants issued by the State Treasurer against claims filed as |
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6|prescribed by law with the Director of the Office of Management and |
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7|Enterprise Services for approval and payment. |
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8| SECTION 4. AMENDATORY 70 O.S. 2021, Section 3-104, is |
| |
9|amended to read as follows: |
| |
10| Section 3-104. A. The supervision of the public school system |
| |
11|of Oklahoma shall be vested in the State Board of Education and, |
| |
12|subject to limitations otherwise provided by law, the State Board of |
| |
13|Education shall: |
| |
14| 1. Adopt policies and make rules for the operation of the |
| |
15|public school system of the state; |
| |
16| 2. Appoint, prescribe the duties, and fix the compensation of a |
| |
17|secretary, an attorney, and all other personnel necessary for the |
| |
18|proper performance of the functions of the State Board of Education. |
| |
19| The secretary shall not be a member of the Board; |
| |
20| 3. Submit to the Governor a departmental budget based upon |
| |
21|major functions of the Department as prepared by the State |
| |
22|Superintendent of Public Instruction and supported by detailed data |
| |
23|on needs and proposed operations as partially determined by the |
| |
24|budgetary needs of local school districts filed with the State Board |
| |
Req. No. 7065 Page 16
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1|of Education for the ensuing fiscal year. Appropriations therefor |
| |
2|shall be made in lump-sum form for each major item in the budget as |
| |
3|follows: |
| |
4| a. State Aid to schools, |
| |
5| b. the supervision of all other functions of general and |
| |
6| special education including general control, free |
| |
7| textbooks, school lunch, Indian education, and all |
| |
8| other functions of the Board and an amount sufficient |
| |
9| to adequately staff and administer these services, and |
| |
10| c. the Board shall determine the details by which the |
| |
11| budget and the appropriations are administered. |
| |
12| Annually, the Board shall make preparations to |
| |
13| consolidate all of the functions of the Department in |
| |
14| such a way that the budget can be based on two items, |
| |
15| administration and aid to schools. A maximum amount |
| |
16| for administration shall be designated as a part of |
| |
17| the total appropriation; |
| |
18| 4. On the first day of December preceding each regular session |
| |
19|of the Legislature, prepare and deliver to the Governor and the |
| |
20|Legislature a report for the year ending June 30 immediately |
| |
21|preceding the regular session of the Legislature. The report shall |
| |
22|contain: |
| |
23| |
| |
24| |
| |
Req. No. 7065 Page 17
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1| a. detailed statistics and other information concerning |
| |
2| enrollment, attendance, expenditures including State |
| |
3| Aid, and other pertinent data for all public schools |
| |
4| in this state, |
| |
5| b. reports from each and every division within the State |
| |
6| Department of Education as submitted by the State |
| |
7| Superintendent of Public Instruction and any other |
| |
8| division, department, institution, or other agency |
| |
9| under the supervision of the Board, |
| |
10| c. recommendations for the improvement of the public |
| |
11| school system of the state, |
| |
12| d. a statement of the receipts and expenditures of the |
| |
13| State Board of Education for the past year, and |
| |
14| e. a statement of plans and recommendations for the |
| |
15| management and improvement of public schools and such |
| |
16| other information relating to the educational |
| |
17| interests of the state as may be deemed necessary and |
| |
18| desirable; |
| |
19| 5. Provide for the formulation and adoption of curricula, |
| |
20|courses of study, and other instructional aids necessary for the |
| |
21|adequate instruction of pupils in the public schools; |
| |
22| 6. Have authority in matters pertaining to the licensure and |
| |
23|certification of persons for instructional, supervisory, and |
| |
24|administrative positions and services in the public schools of the |
| |
Req. No. 7065 Page 18
___________________________________________________________________________
1|state subject to the provisions of Section 6-184 of this title, and |
| |
2|shall formulate rules governing the issuance and revocation of |
| |
3|certificates for superintendents of schools, principals, |
| |
4|supervisors, librarians, clerical employees, school nurses, school |
| |
5|bus drivers, visiting teachers, classroom teachers, and for other |
| |
6|personnel performing instructional, administrative, and supervisory |
| |
7|services, but not including members of boards of education and other |
| |
8|employees who do not work directly with pupils, and may charge and |
| |
9|collect reasonable fees for the issuance of such certificates: |
| |
10| a. the State Department of Education shall not issue a |
| |
11| certificate to and shall revoke the certificate of any |
| |
12| person who has been convicted, whether upon a verdict |
| |
13| or plea of guilty or upon a plea of nolo contendere, |
| |
14| or received a suspended sentence or any probationary |
| |
15| term for a crime or an attempt to commit a crime |
| |
16| provided for in Section 843.5 of Title 21 of the |
| |
17| Oklahoma Statutes if the offense involved sexual abuse |
| |
18| or sexual exploitation as those terms are defined in |
| |
19| Section 1-1-105 of Title 10A of the Oklahoma Statutes, |
| |
20| Section 741, 843.1, if the offense included sexual |
| |
21| abuse or sexual exploitation, 865 et seq., 885, 888, |
| |
22| 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, |
| |
23| 1111.1, 1114 or 1123 of Title 21 of the Oklahoma |
| |
24| Statutes or who enters this state and who has been |
| |
Req. No. 7065 Page 19
___________________________________________________________________________
1| convicted, received a suspended sentence, or received |
| |
2| a deferred judgment for a crime or attempted crime |
| |
3| which, if committed or attempted in this state, would |
| |
4| be a crime or an attempt to commit a crime provided |
| |
5| for in any of said the laws, |
| |
6| b. all funds collected by the State Department of |
| |
7| Education for the issuance of certificates to |
| |
8| instructional, supervisory, and administrative |
| |
9| personnel in the public schools of the state shall be |
| |
10| deposited in the "Teachers' Certificate Fund" in the |
| |
11| State Treasury and may be expended by the State Board |
| |
12| of Education to finance the activities of the State |
| |
13| Department of Education necessary to administer the |
| |
14| program, for consultative services, publication costs, |
| |
15| actual and necessary travel expenses as provided in |
| |
16| the State Travel Reimbursement Act incurred by persons |
| |
17| performing research work, and other expenses found |
| |
18| necessary by the State Board of Education for the |
| |
19| improvement of the preparation and certification of |
| |
20| teachers in Oklahoma. Provided, any unobligated |
| |
21| balance in the Teachers' Certificate Fund in excess of |
| |
22| Ten Thousand Dollars ($10,000.00) on June 30 of any |
| |
23| fiscal year shall be transferred to the General |
| |
24| Revenue Fund of the State of Oklahoma this state. |
| |
Req. No. 7065 Page 20
___________________________________________________________________________
1| Until July 1, 1997, the State Board of Education shall |
| |
2| have authority for approval of teacher education |
| |
3| programs. The State Board of Education shall also |
| |
4| have authority for the administration of teacher |
| |
5| residency and professional development, subject to the |
| |
6| provisions of the Oklahoma Teacher Preparation Act; |
| |
7| 7. Promulgate rules governing the classification, inspection, |
| |
8|supervision, and accrediting of all public nursery, kindergarten, |
| |
9|elementary and secondary schools, and on-site educational services |
| |
10|provided by public school districts or state-accredited private |
| |
11|schools in partial hospitalization programs, day treatment programs, |
| |
12|and day hospital programs as defined in this act for persons between |
| |
13|the ages of three (3) and twenty-one (21) years of age in the state. |
| |
14| However, no school shall be denied accreditation solely on the |
| |
15|basis of average daily attendance. |
| |
16| Any school district which maintains an elementary school and |
| |
17|faces the necessity of relocating its school facilities because of |
| |
18|construction of a lake, either by state or federal authority, which |
| |
19|will inundate the school facilities, shall be entitled to receive |
| |
20|probationary accreditation from the State Board of Education for a |
| |
21|period of five (5) years after the effective date of this act June |
| |
22|12, 1975, and any school district, otherwise qualified, shall be |
| |
23|entitled to receive probationary accreditation from the State Board |
| |
24|of Education for a period of two (2) consecutive years to attain the |
| |
Req. No. 7065 Page 21
___________________________________________________________________________
1|minimum average daily attendance. The Head Start and public |
| |
2|nurseries or kindergartens operated from Community Action Program |
| |
3|funds shall not be subjected to the accrediting rules of the State |
| |
4|Board of Education. Neither will the State Board of Education make |
| |
5|rules affecting the operation of the public nurseries and |
| |
6|kindergartens operated from federal funds secured through Community |
| |
7|Action Programs even though they may be operating in the public |
| |
8|schools of the state. However, any of the Head Start or, public |
| |
9|nurseries, or kindergartens operated under federal regulations may |
| |
10|make application for accrediting from the State Board of Education |
| |
11|but will be accredited only if application for the approval of the |
| |
12|programs is made. The status of no school district shall be changed |
| |
13|which will reduce it to a lower classification until due notice has |
| |
14|been given to the proper authorities thereof and an opportunity |
| |
15|given to correct the conditions which otherwise would be the cause |
| |
16|of such reduction. |
| |
17| Private and parochial schools may be accredited and classified |
| |
18|in like manner as public schools or, if an accrediting association |
| |
19|is approved by the State Board of Education, by procedures |
| |
20|established by the State Board of Education to accept accreditation |
| |
21|by such accrediting association, if application is made to the State |
| |
22|Board of Education for such accrediting; |
| |
23| 8. Be the legal agent of the State of Oklahoma this state to |
| |
24|accept, in its discretion, the provisions of any Act of Congress |
| |
Req. No. 7065 Page 22
___________________________________________________________________________
1|appropriating or apportioning funds which are now, or may hereafter |
| |
2|be, provided for use in connection with any phase of the system of |
| |
3|public education in Oklahoma. It shall prescribe such rules as it |
| |
4|finds necessary to provide for the proper distribution of such funds |
| |
5|in accordance with the state and federal laws; |
| |
6| 9. Be and is specifically hereby designated as the agency of |
| |
7|this state to cooperate and deal with any officer, board, or |
| |
8|authority of the United States Government under any law of the |
| |
9|United States which may require or recommend cooperation with any |
| |
10|state board having charge of the administration of public schools |
| |
11|unless otherwise provided by law; |
| |
12| 10. Be and is hereby designated as the "State Educational |
| |
13|Agency" referred to in Public Law 396 of the 79th Congress of the |
| |
14|United States, which law states that said the act may be cited as |
| |
15|the "National School Lunch Act", and said the State Board of |
| |
16|Education is hereby authorized and directed to accept the terms and |
| |
17|provisions of said the act and to enter into such agreements, not in |
| |
18|conflict with the Constitution of Oklahoma or the Constitution and |
| |
19|Statutes of the United States, as may be necessary or appropriate to |
| |
20|secure for the State of Oklahoma this state the benefits of the |
| |
21|school lunch program established and referred to in said the act; |
| |
22| 11. Have authority to secure and administer the benefits of the |
| |
23|National School Lunch Act, Public Law 396 of the 79th Congress of |
| |
24|the United States, in the State of Oklahoma this state and is hereby |
| |
Req. No. 7065 Page 23
___________________________________________________________________________
1|authorized to employ or appoint and fix the compensation of such |
| |
2|additional officers or employees and to incur such expenses as may |
| |
3|be necessary for the accomplishment of the above purpose, administer |
| |
4|the distribution of any state funds appropriated by the Legislature |
| |
5|required as federal matching to reimburse on children's meals; |
| |
6| 12. Accept and provide for the administration of any land, |
| |
7|money, buildings, gifts, donation, or other things of value which |
| |
8|may be offered or bequeathed to the schools under the supervision or |
| |
9|control of said the Board; |
| |
10| 13. Have authority to require persons having administrative |
| |
11|control of all school districts in Oklahoma to make such regular and |
| |
12|special reports regarding the activities of the schools in said the |
| |
13|districts as the Board may deem needful for the proper exercise of |
| |
14|its duties and functions. Such authority shall include the right of |
| |
15|the State Board of Education to withhold all state funds under its |
| |
16|control, to withhold official recognition, including accrediting, |
| |
17|until such required reports have been filed and accepted in the |
| |
18|office of said the Board and to revoke the certificates of persons |
| |
19|failing or refusing to make such reports; |
| |
20| 14. Have general supervision of the school lunch program. The |
| |
21|State Board of Education may sponsor workshops for personnel and |
| |
22|participants in the school lunch program and may develop, print, and |
| |
23|distribute free of charge or sell any materials, books, and |
| |
24|bulletins to be used in such the school lunch programs. There is |
| |
Req. No. 7065 Page 24
___________________________________________________________________________
1|hereby created in the State Treasury a revolving fund for the Board, |
| |
2|to be designated the School Lunch Workshop Revolving Fund. The fund |
| |
3|shall consist of all fees derived from or on behalf of any |
| |
4|participant in any such workshop sponsored by the State Board of |
| |
5|Education, or from the sale of any materials, books, and bulletins, |
| |
6|and such funds shall be disbursed for expenses of such workshops and |
| |
7|for developing, printing, and distributing of such materials, books, |
| |
8|and bulletins relating to the school lunch program. The fund shall |
| |
9|be administered in accordance with Section 155 of Title 62 of the |
| |
10|Oklahoma Statutes; |
| |
11| 15. Prescribe all forms for school district and county officers |
| |
12|to report to the State Board of Education where required. The State |
| |
13|Board of Education shall also prescribe a list of appropriation |
| |
14|accounts by which the funds of school districts shall be budgeted, |
| |
15|accounted for, and expended; and it shall be the duty of the State |
| |
16|Auditor and Inspector in prescribing all budgeting, accounting, and |
| |
17|reporting forms for school funds to conform to such lists; |
| |
18| 16. Provide for the establishment of a uniform system of pupil |
| |
19|and personnel accounting, records, and reports; |
| |
20| 17. Have authority to provide for the health and safety of |
| |
21|school children schoolchildren and school personnel while under the |
| |
22|jurisdiction of school authorities; |
| |
23| 18. Provide for the supervision of the transportation of |
| |
24|pupils; |
| |
Req. No. 7065 Page 25
___________________________________________________________________________
1| 19. Have authority, upon request of the local school board, to |
| |
2|act in behalf of the public schools of the state in the purchase of |
| |
3|transportation equipment; |
| |
4| 20. Have authority and is hereby required to perform all duties |
| |
5|necessary to the administration of the public school system in |
| |
6|Oklahoma as specified in the Oklahoma School Code; and, in addition |
| |
7|thereto, those duties not specifically mentioned herein if not |
| |
8|delegated by law to any other agency or official; |
| |
9| 21. Administer the State Public Common School Building |
| |
10|Equalization Fund established by Section 32 of Article X of the |
| |
11|Oklahoma Constitution. Any monies as may be appropriated or |
| |
12|designated by the Legislature, other than ad valorem taxes, any |
| |
13|other funds identified by the State Department of Education, which |
| |
14|may include, but not be limited to, grants-in-aid from the federal |
| |
15|government for building purposes, the proceeds of all property that |
| |
16|shall fall to the state by escheat, penalties for unlawful holding |
| |
17|of real estate by corporations, and capital gains on assets of the |
| |
18|permanent school funds, shall be deposited in the State Public |
| |
19|Common School Building Equalization Fund. The fund shall be used to |
| |
20|aid school districts and charter schools in acquiring buildings, |
| |
21|subject to the limitations fixed by Section 32 of Article X of the |
| |
22|Oklahoma Constitution. It is hereby declared that the term |
| |
23|"acquiring buildings" as used in Section 32 of Article X of the |
| |
24|Oklahoma Constitution shall mean acquiring or improving school |
| |
Req. No. 7065 Page 26
___________________________________________________________________________
1|sites, constructing, repairing, remodeling, or equipping buildings, |
| |
2|or acquiring school furniture, fixtures, or equipment. It is hereby |
| |
3|declared that the term "school districts" as used in Section 32 of |
| |
4|Article X of the Oklahoma Constitution shall mean school districts |
| |
5|and eligible charter schools as defined in subsection B of this |
| |
6|section. The State Board of Education shall disburse redbud school |
| |
7|grants annually from the State Public Common School Building |
| |
8|Equalization Fund to public schools and eligible charter schools |
| |
9|pursuant to subsection B of this section. The Board shall |
| |
10|promulgate rules for the implementation of disbursing redbud school |
| |
11|grants pursuant to this section. The State Board of Education shall |
| |
12|prescribe rules for making grants of aid from, and for otherwise |
| |
13|administering, the fund pursuant to the provisions of this |
| |
14|paragraph, and may employ and fix the duties and compensation of |
| |
15|technicians, aides, clerks, stenographers, attorneys, and other |
| |
16|personnel deemed necessary to carry out the provisions of this |
| |
17|paragraph. The cost of administering the fund shall be paid from |
| |
18|monies appropriated to the State Board of Education for the |
| |
19|operation of the State Department of Education. From monies |
| |
20|apportioned to the fund, the State Department of Education may |
| |
21|reserve not more than one-half of one percent (1/2 of 1%) for |
| |
22|purposes of administering the fund; |
| |
23| 22. Recognize that the Director of the Oklahoma Department of |
| |
24|Corrections shall be the administrative authority for the schools |
| |
Req. No. 7065 Page 27
___________________________________________________________________________
1|which are maintained in the state reformatories and shall appoint |
| |
2|the principals and teachers in such schools. Provided, that rules |
| |
3|of the State Board of Education for the classification, inspection, |
| |
4|and accreditation of public schools shall be applicable to such |
| |
5|schools; and such schools shall comply with standards set by the |
| |
6|State Board of Education; and |
| |
7| 23. Have authority to administer a revolving fund which is |
| |
8|hereby created in the State Treasury, to be designated the |
| |
9|Statistical Services Revolving Fund. The fund shall consist of all |
| |
10|monies received from the various school districts of the state, the |
| |
11|United States Government, and other sources for the purpose of |
| |
12|furnishing or financing statistical services and for any other |
| |
13|purpose as designated by the Legislature. The State Board of |
| |
14|Education is hereby authorized to enter into agreements with school |
| |
15|districts, municipalities, the United States Government, |
| |
16|foundations, and other agencies or individuals for services, |
| |
17|programs, or research projects. The Statistical Services Revolving |
| |
18|Fund shall be administered in accordance with Section 155 of Title |
| |
19|62 of the Oklahoma Statutes. |
| |
20| B. 1. The redbud Redbud school grants shall be determined by |
| |
21|the State Department of Education as follows: |
| |
22| a. divide the county four-mill levy revenue by four to |
| |
23| determine the nonchargeable county four-mill revenue |
| |
24| for each school district, |
| |
Req. No. 7065 Page 28
___________________________________________________________________________
1| b. determine the amount of new revenue generated by the |
| |
2| five-mill building fund levy as authorized by Section |
| |
3| 10 of Article X of the Oklahoma Constitution for each |
| |
4| school district as reported in the Oklahoma Cost |
| |
5| Accounting System for the preceding fiscal year, |
| |
6| c. add the amounts calculated in subparagraphs a and b |
| |
7| of this paragraph to determine the nonchargeable |
| |
8| millage for each school district, |
| |
9| d. add the nonchargeable millage in each district |
| |
10| statewide as calculated in subparagraph c of this |
| |
11| paragraph and divide the total by the average daily |
| |
12| membership in public schools statewide based on the |
| |
13| preceding school year's average daily membership, |
| |
14| according to the provisions of Section 18-107 of this |
| |
15| title. This amount is the statewide nonchargeable |
| |
16| millage per student, known as the baseline local |
| |
17| funding per student, |
| |
18| e. all eligible charter schools shall be included in |
| |
19| these calculations as unique school districts, |
| |
20| separate from the school district that may sponsor the |
| |
21| eligible charter school, and the total number of |
| |
22| districts shall be used to determine the statewide |
| |
23| average baseline local funding per student, |
| |
24| |
| |
Req. No. 7065 Page 29
___________________________________________________________________________
1| f. for each school district or eligible charter school |
| |
2| which is below the baseline local funding per student, |
| |
3| the Department shall subtract the baseline local |
| |
4| funding per student from the average nonchargeable |
| |
5| millage per student of the school district or eligible |
| |
6| charter school to determine the nonchargeable millage |
| |
7| per student shortfall for each district, and |
| |
8| g. the nonchargeable millage per student shortfall for a |
| |
9| school district or eligible charter school shall be |
| |
10| multiplied by the average daily membership of the |
| |
11| preceding school year of the eligible school district |
| |
12| or eligible charter school. This amount shall be the |
| |
13| redbud school grant amount for the school district or |
| |
14| eligible charter school. |
| |
15| 2. For fiscal year 2022, monies for the redbud school grants |
| |
16|shall be expended from the funds apportioned pursuant to Section 2 |
| |
17|Section 426 of this act Title 63 of the Oklahoma Statutes. For |
| |
18|fiscal year 2023 and each subsequent fiscal year, monies for the |
| |
19|redbud school grants shall be appropriated pursuant to Section 2 |
| |
20|Section 426 of this act Title 63 of the Oklahoma Statutes, not to |
| |
21|exceed three-fourths (3/4) of the tax collected in the preceding |
| |
22|fiscal year pursuant to Section 426 of Title 63 of the Oklahoma |
| |
23|Statutes as determined by the Oklahoma Tax Commission. For fiscal |
| |
24|year 2023 and each subsequent fiscal year, if such appropriated |
| |
Req. No. 7065 Page 30
___________________________________________________________________________
1|funds are insufficient to fund the redbud school grants, then an |
| |
2|additional apportionment of funds shall be made from sales tax |
| |
3|collections as provided by subsection D of Section 3 Section 1353 of |
| |
4|this act Title 68 of the Oklahoma Statutes. If both funds are |
| |
5|insufficient, the Department shall promulgate rules to permit a |
| |
6|decrease to the baseline local funding per student to the highest |
| |
7|amount allowed with the funding available. |
| |
8| 3. As used in this section, "eligible charter school" shall |
| |
9|mean a charter school which is sponsored pursuant to the provisions |
| |
10|of the Oklahoma Charter School Schools Act. Provided, however, |
| |
11|"eligible charter school" shall not include a statewide virtual |
| |
12|charter school sponsored by the Statewide Virtual Charter School |
| |
13|Board Statewide Charter School Board but shall only include those |
| |
14|which provide in-person or blended instruction, as provided by |
| |
15|Section 1-111 of this title, to not less than two-thirds (2/3) of |
| |
16|students as the primary means of instructional service delivery. |
| |
17| 4. The Department shall develop a program to acknowledge the |
| |
18|redbud school grant recipients and shall include elected members of |
| |
19|the Oklahoma House of Representatives and Oklahoma State Senate who |
| |
20|represent the school districts and eligible charter schools. |
| |
21| 5. The Department shall create a dedicated page on its website |
| |
22|listing annual redbud school grant recipients, amount awarded to |
| |
23|each recipient, and other pertinent information about the Redbud |
| |
24|School Funding Act. |
| |
Req. No. 7065 Page 31
___________________________________________________________________________
1| 6. The Department shall provide the Chair of the House |
| |
2|Appropriations and Budget Committee and the Chair of the Senate |
| |
3|Appropriations Committee, no later than February 1 of each year, |
| |
4|with an estimate of the upcoming year's redbud school grant |
| |
5|allocation as prescribed by this section. |
| |
6| SECTION 5. AMENDATORY 70 O.S. 2021, Section 3-132, as |
| |
7|amended by Section 1, Chapter 222, O.S.L. 2022 (70 O.S. Supp. 2022, |
| |
8|Section 3-132), is amended to read as follows: |
| |
9| Section 3-132. A. The Oklahoma Charter Schools Act shall apply |
| |
10|only to charter schools formed and operated under the provisions of |
| |
11|the act. Charter schools shall be sponsored only as follows: |
| |
12| 1. By any school district located in the State of Oklahoma this |
| |
13|state, provided such charter school shall only be located within the |
| |
14|geographical boundaries of the sponsoring district and subject to |
| |
15|the restrictions of Section 3-145.6 of this title; |
| |
16| 2. By a technology center school district if the charter school |
| |
17|is located in a school district served by the technology center |
| |
18|school district in which all or part of the school district is |
| |
19|located in a county having more than five hundred thousand (500,000) |
| |
20|population according to the latest Federal Decennial Census; |
| |
21| 3. By a technology center school district if the charter school |
| |
22|is located in a school district served by the technology center |
| |
23|school district and the school district has a school site that has |
| |
24|been identified as in need of improvement by the State Board of |
| |
Req. No. 7065 Page 32
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1|Education pursuant to the Elementary and Secondary Education Act of |
| |
2|1965, as amended or reauthorized; |
| |
3| 4. By an accredited comprehensive or regional institution that |
| |
4|is a member of The Oklahoma State System of Higher Education or a |
| |
5|community college if the charter school is located in a school |
| |
6|district in which all or part of the school district is located in a |
| |
7|county having more than five hundred thousand (500,000) population |
| |
8|according to the latest Federal Decennial Census; |
| |
9| 5. 3. By a comprehensive or regional institution that is a |
| |
10|member of The Oklahoma State System of Higher Education if the |
| |
11|charter school is located in a school district that has a school |
| |
12|site that has been identified as in need of improvement by the State |
| |
13|Board of Education pursuant to the Elementary and Secondary |
| |
14|Education Act of 1965, as amended or reauthorized. In addition, the |
| |
15|institution shall have a teacher education program accredited by the |
| |
16|Oklahoma Commission for Teacher Preparation Commission for |
| |
17|Educational Quality and Accountability and have a branch campus or |
| |
18|constituent agency physically located within the school district in |
| |
19|which the charter school is located in the State of Oklahoma; |
| |
20| 6. 4. By a federally recognized Indian tribe, operating a high |
| |
21|school under the authority of the Bureau of Indian Affairs as of |
| |
22|November 1, 2010, if the charter school is for the purpose of |
| |
23|demonstrating native language immersion instruction, and is located |
| |
24|within its former reservation or treaty area boundaries. For |
| |
Req. No. 7065 Page 33
___________________________________________________________________________
1|purposes of this paragraph, native language immersion instruction |
| |
2|shall require that educational instruction and other activities |
| |
3|conducted at the school site are primarily conducted in the native |
| |
4|language; |
| |
5| 7. By 5. Until June 30, 2024, the State Board of Education and |
| |
6|beginning July 1, 2024, the Statewide Charter School Board when the |
| |
7|applicant of the charter school is the Office of Juvenile Affairs or |
| |
8|the applicant has a contract with the Office of Juvenile Affairs and |
| |
9|the charter school is for the purpose of providing education |
| |
10|services to youth in the custody or supervision of the state. Not |
| |
11|more than two charter schools shall be sponsored by the Board as |
| |
12|provided for in this paragraph during the period of time beginning |
| |
13|July 1, 2010, through July 1, 2016; |
| |
14| 8. 6. By a federally recognized Indian tribe only when the |
| |
15|charter school is located within the former reservation or treaty |
| |
16|area boundaries of the tribe on property held in trust by the Bureau |
| |
17|of Indian Affairs of the United States Department of the Interior |
| |
18|for the benefit of the tribe; or |
| |
19| 9. 7. By the State Board of Education when the applicant has |
| |
20|first been denied a charter by the local school district in which it |
| |
21|seeks to operate Statewide Charter School Board. In counties with |
| |
22|fewer than five hundred thousand (500,000) population, according to |
| |
23|the latest Federal Decennial Census, the State Board of Education |
| |
24|Statewide Charter School Board shall not sponsor more than five new |
| |
Req. No. 7065 Page 34
___________________________________________________________________________
1|charter schools per year each year for the first five (5) years |
| |
2|after the effective date of this act, with and shall not sponsor |
| |
3|more than one charter school sponsored in a single school district |
| |
4|per year. In order to authorize a charter school under this |
| |
5|section, the State Board of Education shall find evidence of all of |
| |
6|the following: |
| |
7| a. a thorough and high-quality charter school |
| |
8| application from the applicant based on the |
| |
9| authorizing standards in subsection B of Section 3-134 |
| |
10| of this title, |
| |
11| b. a clear demonstration of community support for the |
| |
12| charter school, andc. the grounds and basis of objection by the school |
| |
14| district for denying the operation of the charter are |
| |
15| not supported by the greater weight of evidence and |
| |
16| the strength of the application Existing charter |
| |
17| schools which are sponsored by the Statewide Charter |
| |
18| School Board shall not apply to the limits prescribed |
| |
19| in this paragraph.
1|one school or similar program that demonstrates academic success and |
| |
2|organizational viability and serves student populations similar to |
| |
3|those the proposed charter school seeks to serve. In assessing the |
| |
4|potential for quality replication of a charter school, a sponsor |
| |
5|shall consider the following factors before approving a new site or |
| |
6|school: |
| |
7| 1. Evidence of a strong and reliable record of academic success |
| |
8|based primarily on student performance data, as well as other viable |
| |
9|indicators, including financial and operational success; |
| |
10| 2. A sound, detailed, and well-supported growth plan; |
| |
11| 3. Evidence of the ability to transfer successful practices to |
| |
12|a potentially different context that includes reproducing critical |
| |
13|cultural, organizational and instructional characteristics; |
| |
14| 4. Any management organization involved in a potential |
| |
15|replication is fully vetted, and the academic, financial and |
| |
16|operational records of the schools it operates are found to be |
| |
17|satisfactory; |
| |
18| 5. Evidence the program seeking to be replicated has the |
| |
19|capacity to do so successfully without diminishing or putting at |
| |
20|risk its current operations; and |
| |
21| 6. A financial structure that ensures that funds attributable |
| |
22|to each charter school within a network and required by law to be |
| |
23|utilized by a school remain with and are used to benefit that |
| |
24|school. |
| |
Req. No. 7065 Page 36
___________________________________________________________________________
1| D. For purposes of the Oklahoma Charter Schools Act, "charter |
| |
2|school" means a public school established by contract with a board |
| |
3|of education of a school district, an area vocational-technical |
| |
4|school district, a higher education institution, a federally |
| |
5|recognized Indian tribe, or the State Board of Education pursuant to |
| |
6|the Oklahoma Charter Schools Act to provide learning that will |
| |
7|improve student achievement and as defined in the Elementary and |
| |
8|Secondary Education Act of 1965, 20 U.S.C. 8065. |
| |
9| E. 1. For the purposes of the Oklahoma Charter Schools Act, |
| |
10|"conversion school" means a school created by converting all or any |
| |
11|part of a traditional public school in order to access any or all |
| |
12|flexibilities afforded to a charter school. |
| |
13| 2. Prior to the board of education of a school district |
| |
14|converting all or any part of a traditional public school to a |
| |
15|conversion school, the board shall prepare a conversion plan. The |
| |
16|conversion plan shall include documentation that demonstrates and |
| |
17|complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, |
| |
18|19, 20, 21, 22, 23, 24, 34 and 35 of subsection B of Section 3-134 |
| |
19|of this title. The conversion plan and all documents shall be in |
| |
20|writing and shall be available to the public pursuant to the |
| |
21|requirements of the Oklahoma Open Records Act. All votes by the |
| |
22|board of education of a school district to approve a conversion plan |
| |
23|shall be held in an open public session. If the board of education |
| |
24|of a school district votes to approve a conversion plan, the board |
| |
Req. No. 7065 Page 37
___________________________________________________________________________
1|shall notify the State Board of Education within sixty (60) days |
| |
2|after the vote. The notification shall include a copy of the |
| |
3|minutes for the board meeting at which the conversion plan was |
| |
4|approved. |
| |
5| 3. A conversion school shall comply with all the same |
| |
6|accountability measures as are required of a charter school as |
| |
7|defined in subsection D of this section. The provisions of Sections |
| |
8|3-140 and 3-142 of this title shall not apply to a conversion |
| |
9|school. Conversion schools shall comply with the same laws and |
| |
10|State Board of Education rules relating to student enrollment which |
| |
11|apply to traditional public schools. Conversion schools shall be |
| |
12|funded by the board of education of the school district as a school |
| |
13|site within the school district and funding shall not be affected by |
| |
14|the conversion of the school. |
| |
15| 4. The board of education of a school district may vote to |
| |
16|revert a conversion school back to a traditional public school at |
| |
17|any time; provided, the change shall only occur during a break |
| |
18|between school years. |
| |
19| 5. Unless otherwise provided for in this subsection, a |
| |
20|conversion school shall retain the characteristics of a traditional |
| |
21|public school. |
| |
22| F. A charter school may consist of a new school site, new |
| |
23|school sites or all or any portion of an existing school site. An |
| |
24|entire school district may not become a charter school site.
1| January |
| |
5|1, 2008 July 1, 2024, prior to submission of the application to a |
| |
6|proposed sponsor seeking to establish a charter school or to the |
| |
7|Statewide Charter School Board to establish a virtual charter |
| |
8|school, the applicant shall be required to complete training which |
| |
9|shall not exceed ten (10) hours provided by the State Department of |
| |
10|Education Statewide Charter School Board on the process and |
| |
11|requirements for establishing a charter school or virtual charter |
| |
12|school. The sponsor of a charter school that enters into a new or |
| |
13|renewed sponsorship contract on or after July 1, 2024, shall be |
| |
14|required to complete training provided by the Statewide Charter |
| |
15|School Board on the oversight duties of the sponsor. The Department |
| |
16|Board shall develop and implement the training by January 1, 2008 |
| |
17|July 1, 2024. The Department Board may provide the training in any |
| |
18|format and manner that the Department it determines to be efficient |
| |
19|and effective including, but not limited to, web-based training. |
| |
20| B. Except as otherwise provided for in Section 3-137 of this |
| |
21|title, an applicant seeking to establish a virtual charter school |
| |
22|shall submit a written application to the Statewide Charter School |
| |
23|Board, and an applicant seeking to establish a charter school shall |
| |
24| |
| |
Req. No. 7065 Page 39
___________________________________________________________________________
1|submit a written application to the proposed sponsor as prescribed |
| |
2|in subsection E of this section. The application shall include: |
| |
3| 1. A mission statement for the charter school or virtual |
| |
4|charter school; |
| |
5| 2. A description including, but not limited to, background |
| |
6|information of the organizational structure and the governing body |
| |
7|board of the charter school or virtual charter school; |
| |
8| 3. A financial plan for the first five (5) years of operation |
| |
9|of the charter school or virtual charter school and a description of |
| |
10|the treasurer or other officers or persons who shall have primary |
| |
11|responsibility for the finances of the charter school or virtual |
| |
12|charter school. Such person shall have demonstrated experience in |
| |
13|school finance or the equivalent thereof; |
| |
14| 4. A description of the hiring policy of the charter school or |
| |
15|virtual charter school; |
| |
16| 5. The name of the applicant or applicants and requested |
| |
17|sponsor; |
| |
18| 6. A description of the facility and location of the charter |
| |
19|school; |
| |
20| 7. A description of the grades being served; |
| |
21| 8. An outline of criteria designed to measure the effectiveness |
| |
22|of the charter school or virtual charter school; |
| |
23| 9. A demonstration of support for the charter school from |
| |
24|residents of the school district in which the charter school is to |
| |
Req. No. 7065 Page 40
___________________________________________________________________________
1|be located which may include but is not limited to a survey of the |
| |
2|school district residents or a petition signed by residents of the |
| |
3|school district; |
| |
4| 10. Documentation that the applicants completed charter school |
| |
5|training as set forth in subsection A of this section; |
| |
6| 11. A description of the minimum and maximum enrollment planned |
| |
7|per year for each term of the charter contract; |
| |
8| 12. The proposed calendar for the charter school or virtual |
| |
9|charter school and sample daily schedule; |
| |
10| 13. Unless otherwise authorized by law or regulation, a |
| |
11|description of the academic program aligned with state standards; |
| |
12| 14. A description of the instructional design of the charter |
| |
13|school, or virtual charter school including the type of learning |
| |
14|environment, class size and structure, curriculum overview and |
| |
15|teaching methods; |
| |
16| 15. The plan for using internal and external assessments to |
| |
17|measure and report student progress on the performance framework |
| |
18|developed by the applicant in accordance with subsection C of |
| |
19|Section 3-135 3-136 of this title; |
| |
20| 16. The plans for identifying and successfully serving students |
| |
21|with disabilities, students who are English language learners and |
| |
22|students who are academically behind; |
| |
23| 17. A description of cocurricular or extracurricular programs |
| |
24|and how they will be funded and delivered; |
| |
Req. No. 7065 Page 41
___________________________________________________________________________
1| 18. Plans and time lines timelines for student recruitment and |
| |
2|enrollment, including lottery procedures; |
| |
3| 19. The student discipline policies for the charter school, or |
| |
4|virtual charter school including those for special education |
| |
5|students; |
| |
6| 20. An organizational chart that clearly presents the |
| |
7|organizational structure of the charter school, or virtual charter |
| |
8|school including lines of authority and reporting between the |
| |
9|governing board, staff, any related bodies such as advisory bodies |
| |
10|or parent and teacher councils and any external organizations that |
| |
11|will play a role in managing the school; |
| |
12| 21. A clear description of the roles and responsibilities for |
| |
13|the governing board, the leadership and management team for the |
| |
14|charter school or virtual charter school, and any other entities |
| |
15|shown in the organizational chart; |
| |
16| 22. The leadership and teacher employment policies for the |
| |
17|charter school or virtual charter school; |
| |
18| 23. Proposed governing bylaws; |
| |
19| 24. Explanations of any partnerships or contractual |
| |
20|partnerships central to the operations or mission of the charter |
| |
21|school or virtual charter school; |
| |
22| 25. The plans for providing transportation, food service and |
| |
23|all other significant operational or ancillary services; |
| |
24| 26. Opportunities and expectations for parental involvement; |
| |
Req. No. 7065 Page 42
___________________________________________________________________________
1| 27. A detailed school start-up plan that identifies tasks, time |
| |
2|lines timelines and responsible individuals; |
| |
3| 28. A description of the financial plan and policies for the |
| |
4|charter school, or virtual charter school including financial |
| |
5|controls and audit requirements; |
| |
6| 29. A description of the insurance coverage the charter school |
| |
7|or virtual charter school will obtain; |
| |
8| 30. Start-up and five-year budgets with clearly stated |
| |
9|assumptions; |
| |
10| 31. Start-up and first-year cash-flow projections with clearly |
| |
11|stated assumptions; |
| |
12| 32. Evidence of anticipated fundraising contributions, if |
| |
13|claimed in the application; |
| |
14| 33. A sound facilities plan, including backup or contingency |
| |
15|plans if appropriate; |
| |
16| 34. A requirement that the charter school or virtual charter |
| |
17|school governing board meet at a minimum quarterly monthly in the |
| |
18|state and that for those charter schools outside of counties with a |
| |
19|population of five hundred thousand (500,000) or more, that a |
| |
20|majority of members are residents within the geographic boundary of |
| |
21|the sponsoring entity charter school; and |
| |
22| 35. A requirement that the charter school follow the |
| |
23|requirements of the Oklahoma Open Meeting Act and Oklahoma Open |
| |
24|Records Act; and |
| |
Req. No. 7065 Page 43
___________________________________________________________________________
1| 36. A copy of proposed contracts between the governing board of |
| |
2|a charter school or virtual charter school and an educational |
| |
3|management organization, as defined by Section 5-200 of this title, |
| |
4|which meet the requirements of the Oklahoma Charter Schools Act. |
| |
5| C. A board of education of a public school district, public |
| |
6|body, public or private college or university, private person, or |
| |
7|private organization may contract with a sponsor to establish a |
| |
8|charter school. A private school shall not be eligible to contract |
| |
9|for a charter school or virtual charter school under the provisions |
| |
10|of the Oklahoma Charter Schools Act. |
| |
11| D. The sponsor of a charter school is the board of education of |
| |
12|a school district, the board of education of a technology center |
| |
13|school district, a higher education institution, the State Board of |
| |
14|Education, or a federally recognized Indian tribe which meets the |
| |
15|criteria established in Section 3-132 of this title, or beginning |
| |
16|July 1, 2024, the Statewide Charter School Board. Any board of |
| |
17|education of a school district in the state may sponsor one or more |
| |
18|charter schools. The physical location of a charter school |
| |
19|sponsored by a board of education of a school district or a |
| |
20|technology center school district shall be within the boundaries of |
| |
21|the sponsoring school district. The physical location of a charter |
| |
22|school otherwise sponsored by the State Board of Education pursuant |
| |
23|to paragraph 8 of subsection A of Section 3-132 of this title shall |
| |
24|be in the school district in which the application originated. |
| |
Req. No. 7065 Page 44
___________________________________________________________________________
1| E. An applicant for a charter school may submit an application |
| |
2|to a proposed sponsor which shall either accept or reject |
| |
3|sponsorship of the charter school within ninety (90) days of receipt |
| |
4|of the application. If the proposed sponsor rejects the |
| |
5|application, it shall notify the applicant in writing of the reasons |
| |
6|for the rejection. The applicant may submit a revised application |
| |
7|for reconsideration to the proposed sponsor within thirty (30) days |
| |
8|after receiving notification of the rejection. The proposed sponsor |
| |
9|shall accept or reject the revised application within thirty (30) |
| |
10|days of its receipt. Should the sponsor reject the application on |
| |
11|reconsideration, the applicant may appeal the decision to the State |
| |
12|Board of Education with the revised application for review pursuant |
| |
13|to paragraph 8 of subsection A of Section 3-132 of this title. The |
| |
14|State Board of Education shall hear the appeal no later than sixty |
| |
15|(60) days from the date received by the Board. |
| |
16| F. A board of education of a school district, board of |
| |
17|education of a technology center school district, a higher education |
| |
18|institution, or a federally recognized Indian tribe sponsor of a |
| |
19|charter school shall notify the State Board of Education and the |
| |
20|Statewide Charter School Board when it accepts sponsorship of a |
| |
21|charter school. The notification shall include a copy of the |
| |
22|charter of the charter school. |
| |
23| G. Applicants for charter schools proposed to be sponsored by |
| |
24|an entity other than a school district pursuant to paragraph 1 of |
| |
Req. No. 7065 Page 45
___________________________________________________________________________
1|subsection A of Section 3-132 of this title may, upon rejection of |
| |
2|the revised application, proceed to binding arbitration under the |
| |
3|commercial rules of the American Arbitration Association with costs |
| |
4|of the arbitration to be borne by the proposed sponsor. Applicants |
| |
5|for charter schools proposed to be sponsored by school districts |
| |
6|pursuant to paragraph 1 of subsection A of Section 3-132 of this |
| |
7|title may not proceed to binding arbitration but may be sponsored by |
| |
8|the State Statewide Charter School Board of Education as provided in |
| |
9|paragraph 8 7 of subsection A of Section 3-132 of this title. |
| |
10| H. If a board of education of a technology center school |
| |
11|district, a higher education institution, the State Board of |
| |
12|Education, or a federally recognized Indian tribe accepts |
| |
13|sponsorship of a charter school, the administrative, fiscal, and |
| |
14|oversight responsibilities of the technology center school district, |
| |
15|the higher education institution, or the federally recognized Indian |
| |
16|tribe shall be listed in the contract. No administrative, fiscal, |
| |
17|or oversight responsibilities of a charter school shall be delegated |
| |
18|to a school district unless the local school district agrees to |
| |
19|enter into a contract to assume the responsibilities. |
| |
20| I. A sponsor of a public charter school shall have the |
| |
21|following powers and duties over charter schools it sponsors, and |
| |
22|the Statewide Charter School Board shall have the following powers |
| |
23|and duties over the charter schools and statewide virtual charter |
| |
24|schools it sponsors: |
| |
Req. No. 7065 Page 46
___________________________________________________________________________
1| 1. Provide oversight of the operations of charter schools in |
| |
2|the state through annual performance reviews of charter schools and |
| |
3|reauthorization of charter schools for which it is a sponsor; |
| |
4| 2. Solicit and evaluate charter applications; |
| |
5| 3. Approve quality charter applications that meet identified |
| |
6|educational needs and promote a diversity of educational choices; |
| |
7| 4. Decline to approve weak or inadequate charter applications; |
| |
8| 5. Negotiate and execute sound charter contracts with each |
| |
9|approved public charter school or virtual charter school; |
| |
10| 6. Monitor, in accordance with charter contract terms, the |
| |
11|performance and legal compliance of charter schools and virtual |
| |
12|charter schools; and |
| |
13| 7. Determine whether each charter contract merits renewal, |
| |
14|nonrenewal, or revocation. |
| |
15| J. Sponsors shall establish a procedure for accepting, |
| |
16|approving, and disapproving charter school applications in |
| |
17|accordance with subsection E of this section. The Statewide Charter |
| |
18|School Board shall post its application, application process, and |
| |
19|application timelines on the Board's website. |
| |
20| K. Sponsors, including the Statewide Charter School Board, |
| |
21|shall be required to develop and maintain chartering policies and |
| |
22|practices consistent with recognized principles and standards for |
| |
23|quality charter authorizing as established by the State Department |
| |
24|of Education sponsoring in all major areas of authorizing sponsoring |
| |
Req. No. 7065 Page 47
___________________________________________________________________________
1|responsibility, including organizational capacity and |
| |
2|infrastructure, soliciting and evaluating charter school and virtual |
| |
3|charter school applications, performance contracting, ongoing |
| |
4|charter school and virtual charter school oversight and evaluation |
| |
5|and charter contract renewal decision-making. |
| |
6| L. Sponsors acting in their official capacity shall be immune |
| |
7|from civil and criminal liability with respect to all activities |
| |
8|related to a charter school with which they contract. |
| |
9| SECTION 7. AMENDATORY 70 O.S. 2021, Section 3-136, is |
| |
10|amended to read as follows: |
| |
11| Section 3-136. A. A Beginning July 1, 2024, a written contract |
| |
12|entered into between the Statewide Charter School Board and the |
| |
13|governing board of a charter school or statewide virtual charter |
| |
14|school or a written contract entered into between a sponsor and the |
| |
15|governing board of a charter school shall adopt a charter which will |
| |
16|ensure compliance with the following: |
| |
17| 1. A Except as provided for in the Oklahoma Charter Schools |
| |
18|Act, a charter school and virtual charter school shall be exempt |
| |
19|from all statutes and rules relating to schools, boards of |
| |
20|education, and school districts; provided, however, a charter school |
| |
21|or virtual charter school shall comply with all federal regulations |
| |
22|and state and local rules and statutes relating to health, safety, |
| |
23|civil rights, and insurance. By January 1, 2000, the State |
| |
24|Department of Education shall prepare a list of relevant rules and |
| |
Req. No. 7065 Page 48
___________________________________________________________________________
1|statutes which a charter school and virtual charter school must |
| |
2|comply with as required by this paragraph and shall annually provide |
| |
3|an update to the list; |
| |
4| 2. A charter school and virtual charter school shall be |
| |
5|nonsectarian in its programs, admission policies, employment |
| |
6|practices, and all other operations. A sponsor including the |
| |
7|Statewide Charter School Board, may not authorize sponsor a charter |
| |
8|school, virtual charter school, or program that is affiliated with a |
| |
9|nonpublic sectarian school or religious institution; |
| |
10| 3. The charter contract shall provide a description of the |
| |
11|educational program to be offered. A charter school or virtual |
| |
12|charter school may provide a comprehensive program of instruction |
| |
13|for a prekindergarten program, a kindergarten program, or any grade |
| |
14|between grades one and twelve. Instruction may be provided to all |
| |
15|persons between the ages of four (4) and twenty-one (21) years of |
| |
16|age. A charter school or virtual charter school may offer a |
| |
17|curriculum which emphasizes a specific learning philosophy or style |
| |
18|or certain subject areas such as mathematics, science, fine arts, |
| |
19|performance arts, or foreign language. The charter of a charter |
| |
20|school or virtual charter school which offers grades nine through |
| |
21|twelve shall specifically address whether the charter school or |
| |
22|virtual charter school will comply with the graduation requirements |
| |
23|established in Section 11-103.6 of this title. No charter school or |
| |
24|virtual charter school shall be chartered for the purpose of |
| |
Req. No. 7065 Page 49
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1|offering a curriculum for deaf or blind students that is the same or |
| |
2|similar to the curriculum being provided by or for educating deaf or |
| |
3|blind students that are being served by the Oklahoma School for the |
| |
4|Blind or the Oklahoma School for the Deaf; |
| |
5| 4. A charter school or virtual charter school shall participate |
| |
6|in the testing as required by the Oklahoma School Testing Program |
| |
7|Act and the reporting of test results as is required of a school |
| |
8|district. A charter school or virtual charter school shall also |
| |
9|provide any necessary data to the Office of Accountability within |
| |
10|the State Department of Education; |
| |
11| 5. Except as provided for in the Oklahoma Charter Schools Act |
| |
12|and its charter, a charter school shall be exempt from all statutes |
| |
13|and rules relating to schools, boards of education, and school |
| |
14|districts; |
| |
15| 6. A charter school or virtual charter school, to the extent |
| |
16|possible, shall be subject to the same reporting requirements, |
| |
17|financial audits, audit procedures, and audit requirements as a |
| |
18|school district. The State Department of Education or State Auditor |
| |
19|and Inspector may conduct financial, program, or compliance audits. |
| |
20|A charter school or virtual charter school shall use the Oklahoma |
| |
21|Cost Accounting System to report financial transactions to the |
| |
22|sponsoring school district State Department of Education. The |
| |
23|charter school or virtual charter school shall be subject to the |
| |
24|limitations on spending, including provisions of the Oklahoma |
| |
Req. No. 7065 Page 50
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1|Constitution, for any funds received from the state, either through |
| |
2|the State Department of Education or other sources; |
| |
3| 7. 6. A charter school or virtual charter school shall comply |
| |
4|with all federal and state laws relating to the education of |
| |
5|children with disabilities in the same manner as a school district; |
| |
6| 8. 7. A charter school or virtual charter school shall provide |
| |
7|for a governing body board for the school which shall be responsible |
| |
8|for the policies and operational decisions of the charter school or |
| |
9|virtual charter school. A majority of the charter school or virtual |
| |
10|charter school governing board members shall be residents of this |
| |
11|state and shall meet no less than monthly in a public meeting within |
| |
12|the boundaries of the school district in which the charter school is |
| |
13|located or within this state if the governing board oversees |
| |
14|multiple charter schools in this state or oversees a virtual charter |
| |
15|school. The governing board of a charter school or virtual charter |
| |
16|school shall be subject to the same conflict of interest |
| |
17|requirements as a member of a school district board of education, |
| |
18|including but not limited to Sections 5-113 and 5-124 of this title. |
| |
19| Members appointed to the governing board of a charter school or |
| |
20|virtual charter school shall be subject to the same instruction and |
| |
21|continuing education requirements as a member of a school district |
| |
22|board of education and pursuant to Section 5-110 of this title, |
| |
23|complete twelve (12) hours of instruction within fifteen (15) months |
| |
24| |
| |
Req. No. 7065 Page 51
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1|of appointment to the governing board, and pursuant to Section |
| |
2|5-110.1 of this title, attend continuing education; |
| |
3| 9. 8. A charter school or virtual charter school shall not be |
| |
4|used as a method of generating revenue for students who are being |
| |
5|home schooled and are not being educated at an organized charter |
| |
6|school site or by a virtual charter school; |
| |
7| 10. 9. A charter school may or virtual charter school shall be |
| |
8|as equally free and open to all students as traditional public |
| |
9|schools and shall not charge tuition or fees; |
| |
10| 11. 10. A charter school or virtual charter school shall |
| |
11|provide instruction each year for at least the number of days or |
| |
12|hours required in Section 1-109 of this title; |
| |
13| 12. 11. A charter school or virtual charter school shall comply |
| |
14|with the student suspension requirements provided for in Section |
| |
15|24-101.3 of this title; |
| |
16| 13. 12. A charter school or virtual charter school shall be |
| |
17|considered a school district for purposes of tort liability under |
| |
18|The Governmental Tort Claims Act; |
| |
19| 14. 13. Employees of a charter school or virtual charter school |
| |
20|may participate as members of the Teachers' Retirement System of |
| |
21|Oklahoma in accordance with applicable statutes and rules if |
| |
22|otherwise allowed pursuant to law; |
| |
23| 15. 14. A charter school or virtual charter school may |
| |
24|participate in all health and related insurance programs available |
| |
Req. No. 7065 Page 52
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1|to the employees of the sponsor of the charter school a public |
| |
2|school district; |
| |
3| 16. 15. A charter school or virtual charter school and their |
| |
4|respective governing boards shall comply with the Oklahoma Open |
| |
5|Meeting Act and the Oklahoma Open Records Act; |
| |
6| 17. 16. The governing body board of a charter school or virtual |
| |
7|charter school shall be subject to the same conflict of interest |
| |
8|requirements as a member of a local school board promptly notify the |
| |
9|sponsor in the instance of any significant adverse actions, material |
| |
10|findings of noncompliance, or pending actions, claims, or |
| |
11|proceedings in this state relating to the charter school or an |
| |
12|educational management organization with which the charter school |
| |
13|has a contract; and |
| |
14| 18. 17. No later than September 1 each year, the governing |
| |
15|board of each charter school or virtual charter school formed |
| |
16|pursuant to the Oklahoma Charter Schools Act shall prepare a |
| |
17|statement of actual income and expenditures for the charter school |
| |
18|or virtual charter school for the fiscal year that ended on the |
| |
19|preceding June 30, in a manner compliant with Section 5-135 of this |
| |
20|title. The statement of expenditures shall include functional |
| |
21|categories as defined in rules adopted by the State Board of |
| |
22|Education to implement the Oklahoma Cost Accounting System pursuant |
| |
23|to Section 5-145 of this title. Charter schools and virtual charter |
| |
24|schools shall not be permitted to submit estimates of expenditures |
| |
Req. No. 7065 Page 53
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1|or prorated amounts to fulfill the requirements of this paragraph; |
| |
2|and |
| |
3| 18. A charter school or virtual charter school contract shall |
| |
4|include performance provisions based on a performance framework that |
| |
5|clearly sets forth the academic and operational performance |
| |
6|indicators that shall be used by charter school and virtual charter |
| |
7|school sponsors to evaluate their respective schools. The sponsor |
| |
8|may develop a separate performance framework to evaluate a charter |
| |
9|school or virtual charter school that the State Department of |
| |
10|Education has designated as implementing an alternative education |
| |
11|program throughout the school. The sponsor shall require a charter |
| |
12|school or virtual charter school to submit the data required in this |
| |
13|subsection in the identical format that is required by the State |
| |
14|Department of Education of all public schools in order to avoid |
| |
15|duplicative administrative efforts or allow a charter school or |
| |
16|virtual charter school to provide permission to the Department to |
| |
17|share all required data with the Board. The performance framework |
| |
18|shall serve as the minimum requirement for charter school and |
| |
19|virtual charter school performance evaluation and shall include, but |
| |
20|not be limited to, the following indicators: |
| |
21| a. student academic proficiency, |
| |
22| b. student academic growth, |
| |
23| c. achievement gaps in both proficiency and growth |
| |
24| between major student subgroups, |
| |
Req. No. 7065 Page 54
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1| d. student attendance, |
| |
2| e. recurrent enrollment from year to year as determined |
| |
3| by the methodology used for public schools in |
| |
4| Oklahoma, |
| |
5| f. in the case of high schools, graduation rates as |
| |
6| determined by the methodology used for public schools |
| |
7| in Oklahoma, |
| |
8| g. in the case of high schools, postsecondary readiness, |
| |
9| |
| |
10| h. financial performance and sustainability and |
| |
11| compliance with state and Internal Revenue Service |
| |
12| financial reporting requirements, |
| |
13| i. audit findings or deficiencies, |
| |
14| j. accreditation and timely reporting, and |
| |
15| k. governing board performance and stewardship, |
| |
16| including compliance with all applicable laws, |
| |
17| regulations, and terms of the charter contract. |
| |
18| The sponsor shall annually evaluate its charter schools |
| |
19|according to the performance framework. The results of the |
| |
20|evaluation shall be presented to the governing board of the charter |
| |
21|school and the governing board of the charter school sponsor in an |
| |
22|open meeting. |
| |
23| B. A charter contract shall provide for one charter district |
| |
24|that may include multiple charter sites to the extent approved by |
| |
Req. No. 7065 Page 55
___________________________________________________________________________
1|the sponsor and consistent with applicable law. An applicant or the |
| |
2|governing board of an applicant may hold one or more charter |
| |
3|contracts. Each charter district that is part of a charter contract |
| |
4|shall be considered a local educational agency, as defined in 20 |
| |
5|U.S.C. Section 7801, and shall be separate and distinct from any |
| |
6|other charter district. For the purposes of this subsection, |
| |
7|"separate and distinct" shall mean that a charter school governing |
| |
8|board with oversight of more than one charter district shall not |
| |
9|combine accounting, budgeting, recordkeeping, admissions, |
| |
10|employment, or policies and operational decisions of the charter |
| |
11|schools it oversees. |
| |
12| C. The charter contract of a charter school or virtual charter |
| |
13|school shall include a description of the personnel policies, |
| |
14|personnel qualifications, and method of school governance, and the |
| |
15|specific role and duties of the sponsor of the charter school. A |
| |
16|charter school or virtual charter school shall not enter into an |
| |
17|employment contract with any teacher or other personnel until a |
| |
18|contract has been executed with its sponsor. The employment |
| |
19|contract shall set forth the personnel policies of the charter |
| |
20|school or virtual charter school including, but not limited to, |
| |
21|policies related to certification, professional development |
| |
22|evaluation, suspension, dismissal and nonreemployment, sick leave, |
| |
23|personal business leave, emergency leave, and family and medical |
| |
24|leave. The contract shall also specifically set forth the salary, |
| |
Req. No. 7065 Page 56
___________________________________________________________________________
1|hours, fringe benefits, and work conditions. The contract may |
| |
2|provide for employer-employee bargaining, but the charter school or |
| |
3|virtual charter school shall not be required to comply with the |
| |
4|provisions of Sections 509.1 through 509.10 of this title. |
| |
5| Upon contracting with any teacher or other personnel, the |
| |
6|governing board of a charter school or virtual charter school shall, |
| |
7|in writing, disclose employment rights of the employees in the event |
| |
8|the charter school or virtual charter school closes or the charter |
| |
9|contract is not renewed. |
| |
10| No charter school or virtual charter school may begin serving |
| |
11|students without a contract executed in accordance with the |
| |
12|provisions of the Oklahoma Charter Schools Act and approved in an |
| |
13|open meeting of the governing board of the sponsor or the Statewide |
| |
14|Charter School Board. The governing board of the sponsor or the |
| |
15|Statewide Charter School Board may establish reasonable preopening |
| |
16|requirements or conditions to monitor the start-up progress of newly |
| |
17|approved charter schools or virtual charter schools and ensure that |
| |
18|each brick-and-mortar school is prepared to open smoothly on the |
| |
19|date agreed and to ensure that each school meets all building, |
| |
20|health, safety, insurance, and other legal requirements for the |
| |
21|opening of a school. |
| |
22| C. D. The charter of a charter school or virtual charter school |
| |
23|may be amended at the request of the governing body board of the |
| |
24| |
| |
Req. No. 7065 Page 57
___________________________________________________________________________
1|charter school or virtual charter school and upon the approval of |
| |
2|the sponsor. |
| |
3| D. E. A charter school or virtual charter school may enter into |
| |
4|contracts and sue and be sued. |
| |
5| E. F. The governing body board of a charter school may or |
| |
6|virtual charter school shall not levy taxes or issue bonds. If a |
| |
7|school district proposes a bond where a charter school is located, |
| |
8|the school district shall include charter schools in all planning |
| |
9|conversations regarding the bond. |
| |
10| F. G. The charter of a charter school or virtual charter school |
| |
11|shall include a provision specifying the method or methods to be |
| |
12|employed for disposing of real and personal property acquired by the |
| |
13|charter school or virtual charter school upon expiration or |
| |
14|termination of the charter or failure of the charter school or |
| |
15|virtual charter school to continue operations. Except as otherwise |
| |
16|provided, any real or personal property purchased with state or |
| |
17|local funds shall be retained by the sponsoring school district |
| |
18|sponsor. If a charter school that was previously sponsored by the |
| |
19|board of education of a school district continues operation within |
| |
20|the school district under a new charter sponsored by an entity |
| |
21|authorized pursuant to Section 3-132 of this title, the charter |
| |
22|school may retain any personal property purchased with state or |
| |
23|local funds for use in the operation of the charter school until |
| |
24| |
| |
Req. No. 7065 Page 58
___________________________________________________________________________
1|termination of the new charter or failure of the charter school to |
| |
2|continue operations. |
| |
3| SECTION 8. AMENDATORY 70 O.S. 2021, Section 3-137, is |
| |
4|amended to read as follows: |
| |
5| Section 3-137. A. An approved An initial contract for between |
| |
6|a charter school or virtual charter school and its sponsor approved |
| |
7|on or after July 1, 2023, shall be effective for five (5) years from |
| |
8|the first day of operation. A After completing an initial five-year |
| |
9|term, a charter contract may be renewed for up to successive |
| |
10|five-year ten-year terms of duration, although the sponsor may vary |
| |
11|the term based on the performance, demonstrated capacities, and |
| |
12|particular circumstances of each charter school. A sponsor may |
| |
13|grant renewal with specific conditions for necessary improvements to |
| |
14|a charter school. |
| |
15| B. Prior to the beginning of the fourth year before the final |
| |
16|year of operation a charter contract renewal of a charter school or |
| |
17|virtual charter school, the sponsor shall issue a charter school |
| |
18|performance report and charter renewal application guidance to the |
| |
19|charter school and the charter school its governing board or the |
| |
20|virtual charter school and its governing board. The performance |
| |
21|report shall summarize the performance record to date of the charter |
| |
22|school or virtual charter school, based on the data required by the |
| |
23|Oklahoma Charter Schools Act, the annual performance framework |
| |
24|evaluation, the operating agreement review if the charter school or |
| |
Req. No. 7065 Page 59
___________________________________________________________________________
1|virtual charter school contracts with an educational management |
| |
2|organization, and the charter contract and taking into consideration |
| |
3|the percentage of at-risk students enrolled in the school, and. The |
| |
4|performance report shall provide notice of any weaknesses or, |
| |
5|concerns, violations, or deficiencies perceived by the sponsor |
| |
6|concerning the charter school or virtual charter school that may |
| |
7|jeopardize its position in seeking renewal if not timely rectified. |
| |
8|The If there are weaknesses, concerns, violations, or deficiencies |
| |
9|the sponsor may require a charter school or virtual charter school |
| |
10|to develop a corrective action plan and corresponding timeline to |
| |
11|remedy any weaknesses, concerns, violations, or deficiencies. If |
| |
12|the sponsor requires a corrective action plan, the charter school or |
| |
13|virtual charter school shall have forty-five (45) days to respond to |
| |
14|the performance report and submit any corrections or clarifications |
| |
15|for the report. If the charter school or virtual charter school |
| |
16|does not substantially complete the corrective action plan, the |
| |
17|sponsor may choose not to renew the charter contract pursuant to the |
| |
18|requirements of this section. |
| |
19| C. 1. Prior to the beginning of the fifth final year of |
| |
20|operation, the charter school or virtual charter school may apply |
| |
21|for renewal of the contract with the sponsor, including the |
| |
22|Statewide Charter School Board. The renewal application guidance |
| |
23|shall, at a minimum, provide an opportunity for the charter school |
| |
24|or virtual charter school to: |
| |
Req. No. 7065 Page 60
___________________________________________________________________________
1| a. present additional evidence, beyond the data |
| |
2| contained in the performance report, supporting its |
| |
3| case for charter renewal, |
| |
4| b. describe improvements undertaken or planned for the |
| |
5| school, and |
| |
6| c. detail the plan for the next charter term for the |
| |
7| school. |
| |
8| 2. The renewal application guidance shall include or refer |
| |
9|explicitly to the criteria that will guide the renewal decisions of |
| |
10|the sponsor, which shall be based on the performance framework set |
| |
11|forth in the charter contract and consistent with the Oklahoma |
| |
12|Charter Schools Act. |
| |
13| D. The sponsor may deny the request for renewal if it |
| |
14|determines the charter school or virtual charter school has failed |
| |
15|to complete the obligations of the contract or comply with the |
| |
16|provisions of the Oklahoma Charter Schools Act. A sponsor shall |
| |
17|give written notice of its intent to deny the request for renewal at |
| |
18|least eight (8) months prior to expiration of the contract. In |
| |
19|making charter renewal decisions, a sponsor shall: |
| |
20| 1. Ground decisions on evidence of the performance of the |
| |
21|charter school or virtual charter school over the term of the |
| |
22|charter contract in accordance with the performance framework set |
| |
23|forth in the charter contract and shall take into consideration the |
| |
24|percentage of at-risk students enrolled in the school; |
| |
Req. No. 7065 Page 61
___________________________________________________________________________
1| 2. Grant renewal to charter schools or virtual charter schools |
| |
2|that have achieved the standards, targets, and performance |
| |
3|expectations as stated in the charter contract and are |
| |
4|organizationally and fiscally viable and have been faithful to the |
| |
5|terms of the contract and applicable law; |
| |
6| 3. Ensure that data used in making renewal decisions are |
| |
7|available to the school and the public; and |
| |
8| 4. Provide a public report summarizing the evidence used as the |
| |
9|basis for each decision. |
| |
10| E. If a sponsor denies a request for renewal, the governing |
| |
11|board of the sponsor may, if requested by the charter school, |
| |
12|proceed to binding arbitration as provided for in subsection G of |
| |
13|Section 3-134 of this title. |
| |
14| F. A sponsor may terminate a contract during the term of the |
| |
15|contract for failure to meet the requirements for student |
| |
16|performance contained in the contract and performance framework, |
| |
17|failure to meet the standards of fiscal management, violations of |
| |
18|the law, or other good cause. The sponsor shall give at least |
| |
19|ninety (90) days' written notice to the governing board of the |
| |
20|charter school or virtual charter school prior to terminating the |
| |
21|contract. The governing board may request, in writing, an informal |
| |
22|hearing before the sponsor within fourteen (14) days of receiving |
| |
23|notice. The sponsor shall conduct an informal hearing before taking |
| |
24|action. If a sponsor decides to terminate a contract, the governing |
| |
Req. No. 7065 Page 62
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1|board may, if requested by the charter school, proceed to binding |
| |
2|arbitration as provided for in subsection G of Section 3-134 of this |
| |
3|title. |
| |
4| G. 1. Beginning in the 2016-2017 school year, the State Board |
| |
5|of Education shall identify charter schools and virtual charter |
| |
6|schools in the state that are ranked in the bottom five percent (5%) |
| |
7|of all public schools as determined pursuant to Section 1210.545 of |
| |
8|this title. |
| |
9| 2. At the time of its charter renewal, based on an average of |
| |
10|the current year and the two (2) prior operating years, a sponsor |
| |
11|may close a charter school site or virtual charter school site |
| |
12|identified as being among the bottom five percent (5%) of public |
| |
13|schools in the state. The average of the current year and two (2) |
| |
14|prior operating years shall be calculated by using the percentage |
| |
15|ranking for each year divided by three, as determined by this |
| |
16|subsection. |
| |
17| 3. If there is a change to the calculation described in Section |
| |
18|1210.545 of this title that results in a charter school site or |
| |
19|virtual charter school site that was not ranked in the bottom five |
| |
20|percent (5%) being ranked in the bottom five percent (5%), then the |
| |
21|sponsor shall use the higher of the two rankings to calculate the |
| |
22|ranking of the charter school site or virtual charter school site. |
| |
23| 4. In the event that a sponsor fails to close a charter school |
| |
24|site consistent with this subsection, the sponsor shall appear |
| |
Req. No. 7065 Page 63
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1|before the State Board of Education to provide support for its |
| |
2|decision. The State Board of Education may, by majority vote, |
| |
3|uphold or overturn the decision of the sponsor. If the decision of |
| |
4|the sponsor is overturned by the State Board of Education, the Board |
| |
5|may implement one of the following actions: |
| |
6| a. transfer the sponsorship of the charter school |
| |
7| identified in this paragraph to another sponsor, |
| |
8| b. order the closure of the charter school identified in |
| |
9| this paragraph at the end of the current school year, |
| |
10| or |
| |
11| c. order the reduction of any administrative fee |
| |
12| collected by the sponsor that is applicable to the |
| |
13| charter school identified in this paragraph. The |
| |
14| reduction shall become effective at the beginning of |
| |
15| the month following the month the hearing of the |
| |
16| sponsor is held by the State Board of Education. |
| |
17| 5. A charter school or virtual charter school that is closed by |
| |
18|the State Board of Education its sponsor pursuant to paragraph 4 of |
| |
19|this subsection shall not be granted a subsequent charter by any |
| |
20|other sponsor contract. |
| |
21| 6. 5. The requirements of this subsection shall not apply to a |
| |
22|charter school or virtual charter school that has been designated by |
| |
23|the State Department of Education as implementing an alternative |
| |
24|education program throughout the charter school. |
| |
Req. No. 7065 Page 64
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1| 7. 6. In making a charter school site or virtual charter school |
| |
2|closure decision, the State Board of Education sponsor shall |
| |
3|consider the following: |
| |
4| a. enrollment of students with special challenges such |
| |
5| as drug or alcohol addiction, prior withdrawal from |
| |
6| school, prior incarceration, or other special |
| |
7| circumstances, |
| |
8| b. high mobility of the student population resulting |
| |
9| from the specific purpose of the charter school or |
| |
10| virtual charter school, |
| |
11| c. annual improvement in the performance of students |
| |
12| enrolled in the charter school or virtual charter |
| |
13| school compared with the performance of students |
| |
14| enrolled in the charter school or virtual charter |
| |
15| school in the immediately preceding school year, and |
| |
16| d. whether a majority of students attending the charter |
| |
17| school or virtual charter school under consideration |
| |
18| for closure would likely revert to attending public |
| |
19| schools with lower academic achievement, as |
| |
20| demonstrated pursuant to Section 1210.545 of this |
| |
21| title. |
| |
22| 8. 7. If the State Board of Education has closed or transferred |
| |
23|authorization of at least twenty-five percent (25%) of the charter |
| |
24|schools chartered by one sponsor are closed within a five-year |
| |
Req. No. 7065 Page 65
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1|period pursuant to paragraph 4 of this subsection, the authority of |
| |
2|the sponsor to authorize sponsor new charter schools may be |
| |
3|suspended by the Board Statewide Charter School Board until the |
| |
4|Board approves the sponsor to authorize sponsor new charter schools. |
| |
5| A determination under made pursuant to this paragraph to suspend |
| |
6|the authority of a sponsor to authorize new charter schools shall |
| |
7|identify the deficiencies that, if corrected, will result in the |
| |
8|approval of the sponsor to authorize sponsor new charter schools. |
| |
9| H. If a sponsor terminates a contract or the charter school or |
| |
10|virtual charter school is closed, the closure shall be conducted in |
| |
11|accordance with the following protocol: |
| |
12| 1. Within two (2) calendar weeks of a final closure |
| |
13|determination, the sponsor shall meet with the governing board and |
| |
14|leadership of the charter school or virtual charter school to |
| |
15|establish a transition team composed of school staff, applicant |
| |
16|staff, and others designated by the applicant that will attend to |
| |
17|the closure, including the transfer of students, student records, |
| |
18|and school funds; |
| |
19| 2. The sponsor and transition team shall communicate regularly |
| |
20|and effectively with families of students enrolled in the charter |
| |
21|school or virtual charter school, as well as with school staff and |
| |
22|other stakeholders, to keep them apprised of key information |
| |
23|regarding the closure of the school and their options and risks; |
| |
24| |
| |
Req. No. 7065 Page 66
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1| 3. The sponsor and transition team shall ensure that current |
| |
2|instruction of students enrolled in the charter school or virtual |
| |
3|charter school continues per the charter agreement contract for the |
| |
4|remainder of the school year; |
| |
5| 4. The sponsor and transition team shall ensure that all |
| |
6|necessary and prudent notifications are issued to agencies, |
| |
7|employees, insurers, contractors, creditors, debtors, and management |
| |
8|organizations; and |
| |
9| 5. The governing board of the charter school or virtual charter |
| |
10|school shall continue to meet as necessary to take actions needed to |
| |
11|wind down school operations, manage school finances, allocate |
| |
12|resources, and facilitate all aspects of closure. |
| |
13| I. A sponsor including the Statewide Charter School Board, |
| |
14|shall develop revocation and nonrenewal processes that are |
| |
15|consistent with the Oklahoma Charter Schools Act and that: |
| |
16| 1. Provide the charter school or virtual charter school with a |
| |
17|timely notification of the prospect of revocation or nonrenewal and |
| |
18|of the reasons for possible closure; |
| |
19| 2. Allow the charter school or virtual charter school a |
| |
20|reasonable amount of time in which to prepare a response; |
| |
21| 3. Provide the charter school or virtual charter school with an |
| |
22|opportunity to submit documents and give testimony in a public |
| |
23|hearing challenging the rationale for closure and in support of the |
| |
24|continuation of the school at an orderly proceeding held for that |
| |
Req. No. 7065 Page 67
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1|purpose and prior to taking any final nonrenewal or revocation |
| |
2|decision related to the school; |
| |
3| 4. Allow the charter school or virtual charter school access to |
| |
4|representation by counsel to call witnesses on its behalf; |
| |
5| 5. Permit the recording of the proceedings; and |
| |
6| 6. After a reasonable period for deliberation, require a final |
| |
7|determination be made and conveyed in writing to the charter school |
| |
8|or virtual charter school. |
| |
9| J. If a sponsor revokes or does not renew a charter contract, |
| |
10|the sponsor shall clearly state in a resolution the reasons for the |
| |
11|revocation or nonrenewal. If a charter is revoked or nonrenewed, |
| |
12|the charter school or virtual charter school shall disclose the |
| |
13|revocation or nonrenewal in any subsequent application. |
| |
14| K. 1. Before a sponsor may issue a charter to a charter school |
| |
15|governing body that has had its charter terminated or has been |
| |
16|informed that its charter will not be renewed by the current |
| |
17|sponsor, the sponsor shall request to have the proposal reviewed by |
| |
18|the State Board of Education at a hearing. The State Board of |
| |
19|Education shall conduct a hearing in which the sponsor shall present |
| |
20|information indicating that the proposal of the organizer is |
| |
21|substantively different in the areas of deficiency identified by the |
| |
22|current sponsor from the current proposal as set forth within the |
| |
23|charter with its current sponsor. |
| |
24| |
| |
Req. No. 7065 Page 68
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1| 2. After the State Board of Education conducts a hearing |
| |
2|pursuant to this subsection, the Board shall either approve or deny |
| |
3|the proposal. |
| |
4| 3. If the proposal is denied, no sponsor may issue a charter to |
| |
5|the charter school governing body. |
| |
6| L. If a charter contract is not renewed, the governing board of |
| |
7|the charter school may submit an application to a proposed new |
| |
8|sponsor as provided for in Section 3-134 of this title. |
| |
9| M. L. If a charter contract is not renewed or is terminated |
| |
10|according to this section, a student who attended the charter school |
| |
11|or virtual charter school may enroll in the resident school district |
| |
12|of the student or may apply for a transfer in accordance with |
| |
13|Section 8-103 of this title. |
| |
14| SECTION 9. AMENDATORY 70 O.S. 2021, Section 3-139, is |
| |
15|amended to read as follows: |
| |
16| Section 3-139. A. A sponsoring school district shall determine |
| |
17|whether a teacher who is employed by or teaching at a charter school |
| |
18|or virtual charter school and who was previously employed as a |
| |
19|teacher at the sponsoring public school district shall not lose any |
| |
20|right of salary status or any other benefit provided by law due to |
| |
21|teaching at a charter school or virtual charter school upon |
| |
22|returning to the sponsoring public school district to teach. |
| |
23| B. A teacher who is employed by or teaching at a charter school |
| |
24|or virtual charter school and who submits an employment application |
| |
Req. No. 7065 Page 69
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1|to the school district where the teacher was employed immediately |
| |
2|before employment by or at a charter school or virtual charter |
| |
3|school shall be given employment preference by the school district |
| |
4|if: |
| |
5| 1. The teacher submits an employment application to the school |
| |
6|district no later than three (3) years after ceasing employment with |
| |
7|the school district; and |
| |
8| 2. A suitable position is available at the school district. |
| |
9| SECTION 10. AMENDATORY 70 O.S. 2021, Section 3-140, is |
| |
10|amended to read as follows: |
| |
11| Section 3-140. A. Except for a charter school sponsored by the |
| |
12|State Board of Education, a A charter school with a brick-and-mortar |
| |
13|school site or sites shall enroll those students whose legal |
| |
14|residence is within the boundaries of the school district in which |
| |
15|the charter school is located and who submit a timely application, |
| |
16|or those students who transfer to the district in which the charter |
| |
17|school is located in accordance with Section 8-103 or 8-104 of this |
| |
18|title, unless the number of applications exceeds the capacity of a |
| |
19|program, class, grade level, or building. Students who reside in a |
| |
20|school district where a charter school is located shall not be |
| |
21|required to obtain a transfer in order to attend a charter school in |
| |
22|the school district of residence. If capacity is insufficient to |
| |
23|enroll all eligible students, the charter school shall select |
| |
24|students through a lottery selection process. Except for a charter |
| |
Req. No. 7065 Page 70
___________________________________________________________________________
1|school sponsored by the State Board of Education, a A charter school |
| |
2|shall give enrollment preference to eligible students who reside |
| |
3|within the boundaries of the school district in which the charter |
| |
4|school is located. Except for a charter school sponsored by the |
| |
5|State Board of Education, a charter school created after November 1, |
| |
6|2010, shall give enrollment preference to eligible students who |
| |
7|reside within the boundaries of the school district in which the |
| |
8|charter school is located and who attend a school site that has been |
| |
9|identified as in need of improvement by the State Board of Education |
| |
10|pursuant to the Elementary and Secondary Education Act of 1965, as |
| |
11|amended or reauthorized. A charter school may limit admission to |
| |
12|students within a given age group or grade level. A charter school |
| |
13|sponsored by the State Board of Education Statewide Charter School |
| |
14|Board when the applicant of the charter school is the Office of |
| |
15|Juvenile Affairs shall limit admission to youth that are in the |
| |
16|custody or supervision of the Office of Juvenile Affairs. |
| |
17| B. Except for a charter school sponsored by the State Board of |
| |
18|Education, a A charter school shall admit students who reside in the |
| |
19|attendance area of a school or in a school district that is under a |
| |
20|court order of desegregation or that is a party to an agreement with |
| |
21|the United States Department of Education Office for Civil Rights |
| |
22|directed towards mediating alleged or proven racial discrimination |
| |
23|unless notice is received from the resident school district that |
| |
24|admission of the student would violate the court order or agreement. |
| |
Req. No. 7065 Page 71
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1| C. A charter school may designate a specific geographic area |
| |
2|within the school district in which the charter school is located as |
| |
3|an academic enterprise zone and may limit admissions to students who |
| |
4|reside within that area. An academic enterprise zone shall be a |
| |
5|geographic area in which sixty percent (60%) or more of the children |
| |
6|who reside in the area qualify for the free or reduced school lunch |
| |
7|program. |
| |
8| D. Except as provided in subsections B and C of this section, a |
| |
9|charter school or virtual charter school shall not limit admission |
| |
10|based on ethnicity, national origin, gender, income level, disabling |
| |
11|condition, proficiency in the English language, measures of |
| |
12|achievement, aptitude, or athletic ability. |
| |
13| E. A sponsor of a charter school shall not restrict the number |
| |
14|of students a charter school or virtual charter school may enroll. |
| |
15|The capacity of the a charter school or virtual charter school shall |
| |
16|be determined annually quarterly by the governing board of the |
| |
17|charter school or virtual charter school based on the ability of the |
| |
18|charter school to facilitate the academic success of the students, |
| |
19|to achieve the other objectives specified in the charter contract,and to ensure that the student enrollment does not exceed the |
| |
21|capacity of its facility or site pursuant to the provisions of |
| |
22|Section 8-101.2 of this title. |
| |
23| F. Upon request of the charter school, the school district in |
| |
24|which the charter school is located shall provide directory |
| |
Req. No. 7065 Page 72
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1|information for students residing in the school district pursuant to |
| |
2|Section 24A.16 of Title 51 of the Oklahoma Statutes. |
| |
3| G. Beginning July 1, 2024, each statewide virtual charter |
| |
4|school which has been approved and sponsored by the Statewide |
| |
5|Charter School Board or any virtual charter school for which the |
| |
6|Board has assumed sponsorship as provided for in Section 1 of this |
| |
7|act shall be considered a statewide virtual charter school and the |
| |
8|geographic boundaries of each statewide virtual charter school shall |
| |
9|be the borders of the state. |
| |
10| H. Beginning July 1, 2024, students enrolled full-time in a |
| |
11|statewide virtual charter school sponsored by the Statewide Charter |
| |
12|School Board shall not be authorized to participate in any |
| |
13|activities administered by the Oklahoma Secondary Schools Activities |
| |
14|Association. However, the students may participate in intramural |
| |
15|activities sponsored by a statewide virtual charter school, an |
| |
16|online provider for the charter school, or any other outside |
| |
17|organization. |
| |
18| I. 1. Beginning July 1, 2024, a public school student who |
| |
19|wishes to enroll in a virtual charter school shall be considered a |
| |
20|transfer student from his or her resident school district. A |
| |
21|virtual charter school shall pre-enroll any public school student |
| |
22|whose parent or legal guardian expresses intent to enroll in the |
| |
23|district. Upon pre-enrollment, the State Department of Education |
| |
24|shall initiate a transfer on a form to be completed by the receiving |
| |
Req. No. 7065 Page 73
___________________________________________________________________________
1|virtual charter school. Upon approval of the receiving virtual |
| |
2|charter school, the student may begin instructional activities. |
| |
3|Upon notice that a public school student has transferred to a |
| |
4|virtual charter school, the resident school district shall transmit |
| |
5|the student's records within three (3) school days. |
| |
6| 2. The State Department of Education shall notify the |
| |
7|Legislature and Governor if it determines that the information |
| |
8|technology infrastructure necessary to process the transfer of |
| |
9|students to a virtual charter school is inadequate and additional |
| |
10|time is needed for implementation. |
| |
11| 3. A public school student may transfer to one statewide |
| |
12|virtual charter school at any time during a school year. For |
| |
13|purposes of this subsection, "school year" shall mean July 1 through |
| |
14|the following June 30. After one statewide virtual charter school |
| |
15|transfer during a school year, no public school student shall be |
| |
16|permitted to transfer to any other statewide virtual charter school |
| |
17|without the concurrence of both the resident school district and the |
| |
18|receiving virtual charter school. A student shall have a grace |
| |
19|period of fifteen (15) school days from the first day of enrollment |
| |
20|in a statewide virtual charter school to withdraw without academic |
| |
21|penalty and shall continue to have the option of one virtual charter |
| |
22|school transfer without the concurrence of both districts during |
| |
23|that same school year. A statewide virtual charter school student |
| |
24|that has utilized the allowable one transfer pursuant to this |
| |
Req. No. 7065 Page 74
___________________________________________________________________________
1|subsection shall not be permitted to transfer to another district or |
| |
2|other statewide virtual charter school without first notifying his |
| |
3|or her resident district and initiating a new transfer. Upon |
| |
4|cancellation of a transfer, the virtual charter school shall |
| |
5|transmit the student's records to the student's new school district |
| |
6|within three (3) school days. Students enrolled in a statewide |
| |
7|virtual charter school shall not be required to submit a virtual |
| |
8|charter transfer for consecutive years of enrollment. Any student |
| |
9|enrolled in a statewide virtual charter school the year prior to the |
| |
10|implementation of this section shall not be required to submit a |
| |
11|transfer in order to remain enrolled. |
| |
12| J. 1. Beginning July 1, 2024, a student shall be eligible to |
| |
13|enroll in a statewide virtual charter school sponsored by the |
| |
14|Statewide Charter School Board pursuant to Section 1 of this act if |
| |
15|he or she is a student whose parent or legal guardian is transferred |
| |
16|or is pending transfer to a military installation within this state |
| |
17|while on active military duty pursuant to an official military |
| |
18|order. |
| |
19| 2. A statewide virtual charter school shall accept applications |
| |
20|by electronic means for enrollment and course registration for |
| |
21|students described in paragraph 1 of this subsection. |
| |
22| 3. The parent or legal guardian of a student described in |
| |
23|paragraph 1 of this subsection shall provide proof of residence in |
| |
24|this state within ten (10) days after the published arrival date |
| |
Req. No. 7065 Page 75
___________________________________________________________________________
1|provided on official documentation. A parent or legal guardian may |
| |
2|use the following addresses as proof of residence: |
| |
3| a. a temporary on-base billeting facility, |
| |
4| b. a purchased or leased home or apartment, or |
| |
5| c. federal government or public-private venture off-base |
| |
6| military housing. |
| |
7| 4. The provisions of paragraph 3 of subsection H shall apply to |
| |
8|students described in paragraph 1 of this subsection. |
| |
9| 5. For purposes of this subsection: |
| |
10| a. "active military duty" means full-time military duty |
| |
11| status in the active uniformed service of the United |
| |
12| States, including members of the National Guard and |
| |
13| Military Reserve on active duty orders, and |
| |
14| b. "military installation" means a base, camp, post, |
| |
15| station, yard, center, homeport facility for any ship, |
| |
16| or other installation under the jurisdiction of the |
| |
17| Department of Defense or the United States Coast |
| |
18| Guard. |
| |
19| SECTION 11. AMENDATORY 70 O.S. 2021, Section 3-142, is |
| |
20|amended to read as follows: |
| |
21| Section 3-142. A. The student membership and attendance of the |
| |
22|a charter school shall be considered separate from the student |
| |
23|membership and attendance of the sponsor for the purpose of |
| |
24|calculating enrollment and funding including weighted average daily |
| |
Req. No. 7065 Page 76
___________________________________________________________________________
1|membership pursuant to Section 18-201.1 of this title and State Aid |
| |
2|pursuant to Section 18-200.1 of this title. A charter school shall |
| |
3|receive the State Aid allocation, federal funds to which it is |
| |
4|eligible and qualifies for, and any other state-appropriated revenue |
| |
5|generated by its students for the applicable year. Not more than |
| |
6|three percent (3%) of the State Aid allocation may be charged by the |
| |
7|sponsor as a fee for administrative services rendered if the sponsor |
| |
8|is a school district, a comprehensive or regional institution of |
| |
9|higher education, a community college, or a federally recognized |
| |
10|Indian tribe pursuant to Section 3-132 of this title. The Statewide |
| |
11|Charter School Board shall not charge any charter school or virtual |
| |
12|charter school a fee for administrative or other services. The |
| |
13|State Board of Education State Department of Education shall |
| |
14|determine the policy and procedure for making payments to a charter |
| |
15|school. The fee for administrative services as authorized in this |
| |
16|subsection shall only be assessed on the State Aid allocation amount |
| |
17|and shall not be assessed on any other appropriated amounts. A |
| |
18|sponsor of a charter school shall not charge any additional State |
| |
19|Aid allocation or charge the charter school any additional fee above |
| |
20|the amounts allowed by this subsection unless the additional fees |
| |
21|are for additional services rendered. The charter school sponsor |
| |
22|shall provide to the State Department of Education financial records |
| |
23|documenting any state funds charged by the sponsor for |
| |
24|administrative services rendered for the previous year. |
| |
Req. No. 7065 Page 77
___________________________________________________________________________
1| B. The fee for administrative services authorized by subsection |
| |
2|A of this section shall be used by the sponsor to provide oversight |
| |
3|and services to the charter schools it sponsors. The State |
| |
4|Department of Education shall develop data codes for the Oklahoma |
| |
5|Cost Accounting System, which shall be used to comply with the |
| |
6|administrative services reporting required by this section. A |
| |
7|charter school sponsor shall publish a detailed report on its |
| |
8|website and present the report in a public meeting of the charter |
| |
9|school governing board and the charter school sponsor governing |
| |
10|board. The report shall provide sponsor performance and |
| |
11|stewardship, including compliance with all applicable laws, |
| |
12|regulations, and terms of the charter contract and listing expenses |
| |
13|related to oversight and services provided by the sponsor to the |
| |
14|charter schools it sponsors. |
| |
15| 1. The weighted average daily membership for the first year of |
| |
16|operation of a charter school shall be determined initially by |
| |
17|multiplying the actual enrollment of students as of August 1 by |
| |
18|1.333. The charter school shall receive revenue equal to that which |
| |
19|would be generated by the estimated weighted average daily |
| |
20|membership calculated pursuant to this paragraph. At midyear, the |
| |
21|allocation for the charter school shall be adjusted using the first |
| |
22|quarter weighted average daily membership for the charter school |
| |
23|calculated pursuant to subsection A of this section. |
| |
24| |
| |
Req. No. 7065 Page 78
___________________________________________________________________________
1| 2. For the purpose of calculating weighted average daily |
| |
2|membership pursuant to Section 18-201.1 of this title and State Aid |
| |
3|pursuant to Section 18-200.1 of this title, the weighted average |
| |
4|daily membership for the first year of operation and each year |
| |
5|thereafter of a charter school or full-time statewide virtual |
| |
6|charter school sponsored by the Statewide Virtual Charter School |
| |
7|Board shall be determined by multiplying the actual enrollment of |
| |
8|students as of August 1 by 1.333. The charter school or full-time |
| |
9|virtual charter school shall receive revenue equal to that which |
| |
10|would be generated by the estimated weighted average daily |
| |
11|membership calculated pursuant to this paragraph. At midyear, the |
| |
12|allocation for the charter school or full-time statewide virtual |
| |
13|charter school shall be adjusted using the first quarter weighted |
| |
14|average daily membership for the charter school or virtual charter |
| |
15|school calculated pursuant to subsection A of this section. |
| |
16| C. Except as explicitly authorized by state law, a charter |
| |
17|school or virtual charter school shall not be eligible to receive |
| |
18|state-dedicated, local, or county revenue; provided, a charter |
| |
19|school or virtual charter school may be eligible to receive any |
| |
20|other aid, grants, or revenues allowed to other schools. A charter |
| |
21|school or virtual charter school shall be considered a local |
| |
22|education agency for purposes of funding. |
| |
23| D. Any unexpended funds received by a charter school or virtual |
| |
24|charter school may be reserved and used for future purposes. The |
| |
Req. No. 7065 Page 79
___________________________________________________________________________
1|governing body board of a charter school or virtual charter school |
| |
2|shall not levy taxes or issue bonds. If otherwise allowed by law, |
| |
3|the governing body board of a charter school or virtual charter |
| |
4|school may enter into private contracts for the purposes of |
| |
5|borrowing money from lenders. If the governing body board of the |
| |
6|charter school or virtual charter school borrows money, the charter |
| |
7|school or virtual charter school shall be solely responsible for |
| |
8|repaying the debt, and the state or the sponsor shall not in any way |
| |
9|be responsible or obligated to repay the debt. |
| |
10| E. Any charter school or virtual charter school which chooses |
| |
11|to lease property shall be eligible to receive current government |
| |
12|lease rates. |
| |
13| F. Except as otherwise provided in this subsection, each |
| |
14|charter school shall pay to the Charter School Closure Reimbursement |
| |
15|Revolving Fund created in subsection G of this section an amount |
| |
16|equal to Five Dollars ($5.00) per student based on average daily |
| |
17|membership, as defined by paragraph 2 of Section 18-107 of this |
| |
18|title, during the first nine (9) weeks of the school year. Each |
| |
19|charter school shall complete the payment every school year within |
| |
20|thirty (30) days after the first nine (9) weeks of the school year. |
| |
21|If the Charter School Closure Reimbursement Revolving Fund has a |
| |
22|balance of One Million Dollars ($1,000,000.00) or more on July 1, no |
| |
23|payment shall be required the following school year. |
| |
24| |
| |
Req. No. 7065 Page 80
___________________________________________________________________________
1| G. There is hereby created in the State Treasury a revolving |
| |
2|fund for the State Department of Education Statewide Charter School |
| |
3|Board to be designated the "Charter School Closure Reimbursement |
| |
4|Revolving Fund". The fund shall be a continuing fund, not subject |
| |
5|to fiscal year limitations, and shall consist of all monies received |
| |
6|by the State Department of Education Statewide Charter School Board |
| |
7|from charter schools as provided in subsection F of this section. |
| |
8|All monies accruing to the credit of said the fund are hereby |
| |
9|appropriated and may be budgeted and expended by the State |
| |
10|Department of Education Statewide Charter School Board for the |
| |
11|purpose of reimbursing charter school sponsors for costs paying for |
| |
12|expenditures incurred due to the closure of a charter school. |
| |
13|Expenditures from said the fund shall be made upon warrants issued |
| |
14|by the State Treasurer against claims filed as prescribed by law |
| |
15|with the Director of the Office of Management and Enterprise |
| |
16|Services for approval and payment. The State Department of |
| |
17|Education may promulgate rules regarding sponsor eligibility for |
| |
18|reimbursement. |
| |
19| SECTION 12. AMENDATORY 70 O.S. 2021, Section 3-143, is |
| |
20|amended to read as follows: |
| |
21| Section 3-143. The State Board of Education Statewide Charter |
| |
22|School Board shall issue an annual report to the Legislature and the |
| |
23|Governor outlining the status of charter schools and virtual charter |
| |
24|schools in the state. Each charter school and virtual charter |
| |
Req. No. 7065 Page 81
___________________________________________________________________________
1|school shall annually file a report with the Office of |
| |
2|Accountability. The report Statewide Charter School Board that |
| |
3|shall include such information as requested by the Office of |
| |
4|Accountability, Board including, but not limited to, information on |
| |
5|enrollment, testing, curriculum, finances, and employees. |
| |
6| SECTION 13. AMENDATORY 70 O.S. 2021, Section 3-144, is |
| |
7|amended to read as follows: |
| |
8| Section 3-144. A. There is hereby created in the State |
| |
9|Treasury a fund to be designated the "Charter Schools Incentive |
| |
10|Fund". The fund shall be a continuing fund, not subject to fiscal |
| |
11|year limitations, and shall consist of all monies appropriated by |
| |
12|the Legislature, gifts, grants, devises, and donations from any |
| |
13|public or private source. The State Department of Education |
| |
14|Statewide Charter School Board shall administer the fund for the |
| |
15|purpose of providing financial support to charter school and virtual |
| |
16|charter school applicants and charter schools and virtual charter |
| |
17|schools for start-up costs and costs associated with renovating or |
| |
18|remodeling existing buildings and structures for use by a charter |
| |
19|school. The State Department of Education Statewide Charter School |
| |
20|Board is authorized to allocate funds on a per-pupil basis for |
| |
21|purposes of providing matching funds for the federal State Charter |
| |
22|School Facilities Incentive Grants Program created pursuant to the |
| |
23|No Child Left Behind Act, 20 USCA, Section 7221d. |
| |
24| |
| |
Req. No. 7065 Page 82
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1| B. The State Board of Education shall adopt rules to implement |
| |
2|the provisions of this section, including application and |
| |
3|notification requirements. |
| |
4| SECTION 14. AMENDATORY 70 O.S. 2021, Section 3-145.5, as |
| |
5|amended by Section 2, Chapter 153, O.S.L. 2022 (70 O.S. Supp. 2022, |
| |
6|Section 3-145.5), is amended to read as follows: |
| |
7| Section 3-145.5 A. Notwithstanding any other provision of law, |
| |
8|beginning July 1, 2014, no school district shall enter into a |
| |
9|virtual charter school contract with a provider to provide full-time |
| |
10|virtual education to students who do not reside within the school |
| |
11|district boundaries. |
| |
12| B. Effective July 1, 2014, the Statewide Virtual Charter School |
| |
13|Board shall succeed to any contractual rights and responsibilities |
| |
14|incurred by a school district in a virtual charter school contract |
| |
15|executed prior to January 1, 2014, with a provider to provide |
| |
16|full-time virtual education to students who do not reside within the |
| |
17|school district boundaries. All property, equipment, supplies, |
| |
18|records, assets, current and future liability, encumbrances, |
| |
19|obligations, and indebtedness associated with the contract shall be |
| |
20|transferred to the Statewide Virtual Charter School Board. |
| |
21|Appropriate conveyances and other documents shall be executed to |
| |
22|effectuate the transfer of any property associated with the |
| |
23|contract. Upon succession of the contract, the Board shall assume |
| |
24|sponsorship of the virtual charter school for the remainder of the |
| |
Req. No. 7065 Page 83
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1|term of the contract. Prior to the end of the current term of the |
| |
2|contract, the Board shall allow the provider of the virtual charter |
| |
3|school to apply for renewal of the contract with the Board in |
| |
4|accordance with the renewal procedures established pursuant to |
| |
5|Section 3-145.3 of this title.There A. Until July 1, 2024, there is hereby |
| |
9|created in the State Treasury a revolving fund for the Statewide |
| |
10|Virtual Charter School Board to be designated the "Statewide Virtual |
| |
11|Charter School Board Revolving Fund". The fund shall be a |
| |
12|continuing fund, not subject to fiscal year limitations, and shall |
| |
13|consist of all monies received by the Statewide Virtual Charter |
| |
14|School Board from State Aid pursuant to Section 3-145.3 of Title 70 |
| |
15|of the Oklahoma Statutes this title or any other state |
| |
16|appropriation. All monies accruing to the credit of the fund are |
| |
17|hereby appropriated and may be budgeted and expended by the |
| |
18|Statewide Virtual Charter School Board for the purpose of supporting |
| |
19|the mission of the Statewide Virtual Charter School Board. |
| |
20|Expenditures from the fund shall be made upon warrants issued by the |
| |
21|State Treasurer against claims filed as prescribed by law with the |
| |
22|Director of the Office of Management and Enterprise Services for |
| |
23|approval and payment. |
| |
24| |
| |
Req. No. 7065 Page 84
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1| B. On July 1, 2024, the Statewide Virtual Charter School Board |
| |
2|shall transfer any unencumbered funds in the Statewide Virtual |
| |
3|Charter School Board Revolving Fund to the Statewide Charter School |
| |
4|Board Revolving Fund created pursuant to Section 3 of this act. Any |
| |
5|funds which are unexpended on January 1, 2025 shall be transferred |
| |
6|to the Statewide Charter School Board Revolving Fund. |
| |
7| SECTION 16. AMENDATORY 70 O.S. 2021, Section 3-145.8, is |
| |
8|amended to read as follows: |
| |
9| Section 3-145.8 A. It shall be the duty of each virtual |
| |
10|charter school approved and sponsored by the Statewide Virtual |
| |
11|School Board pursuant to the provisions of Section 3-145.3 of Title |
| |
12|70 of the Oklahoma Statutes Statewide Charter School Board to keep a |
| |
13|full and complete record of the attendance of all students enrolled |
| |
14|in the virtual charter school in one of the student information |
| |
15|systems approved by the State Department of Education and locally |
| |
16|selected by the virtual school from the approved list. |
| |
17| B. By July 1, 2020, the governing body board of each virtual |
| |
18|charter school shall adopt an attendance policy. The policy may |
| |
19|allow attendance to be a proportional amount of the required |
| |
20|attendance policy provisions based upon the date of enrollment of |
| |
21|the student. The attendance policy shall include the following |
| |
22|provisions: |
| |
23| 1. The first date of attendance and membership shall be the |
| |
24|first date the student completes an instructional activity. |
| |
Req. No. 7065 Page 85
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1| 2. A student who attends a virtual charter school shall be |
| |
2|considered in attendance for a quarter if the student: |
| |
3| a. completes instructional activities on no less than |
| |
4| ninety percent (90%) of the days within the quarter, |
| |
5| b. is on pace for on-time completion of the course as |
| |
6| defined by the governing board of the virtual charter |
| |
7| school, or |
| |
8| c. completes no less than seventy-two instructional |
| |
9| activities within the quarter of the academic year. |
| |
10| 3. For a student who does not meet any of the criteria set |
| |
11|forth in paragraph 1 or 2 of this subsection, the amount of |
| |
12|attendance recorded shall be the greater of: |
| |
13| a. the number of school days during which the student |
| |
14| completed the instructional activities during the |
| |
15| quarter, |
| |
16| b. the number of school days proportional to the |
| |
17| percentage of the course that has been completed, or |
| |
18| c. the number of school days proportional to the |
| |
19| percentage of the required minimum number of completed |
| |
20| instructional activities during the quarter. |
| |
21| C. For the purposes of this section, "instructional activities" |
| |
22|shall include instructional meetings with a teacher, completed |
| |
23|assignments that are used to record a grade for a student that is |
| |
24|factored into the student's grade for the semester during which the |
| |
Req. No. 7065 Page 86
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1|assignment is completed, testing, and school-sanctioned field trips, |
| |
2|and orientation. |
| |
3| D. Each statewide virtual charter school approved and sponsored |
| |
4|by the Statewide Virtual Charter School Board pursuant to the |
| |
5|provisions of Section 3-145.3 of this title Statewide Charter School |
| |
6|Board shall offer a student orientation, notify the parent or legal |
| |
7|guardian and each student who enrolls in that school of the |
| |
8|requirement to participate in the student orientation, and require |
| |
9|all students enrolled to complete the student orientation prior to |
| |
10|completing any other instructional activity. The Statewide Virtual |
| |
11|Charter School Board Statewide Charter School Board shall promulgate |
| |
12|rules to develop materials for orientation. |
| |
13| E. Any student that is behind pace and does not complete an |
| |
14|instructional activity for a fifteen-school-day period shall be |
| |
15|withdrawn for truancy. The virtual charter school shall submit a |
| |
16|notification to the parent or legal guardian of a student who has |
| |
17|been withdrawn for truancy or is approaching truancy. |
| |
18| F. A student who is reported for truancy two times in the same |
| |
19|school year shall be withdrawn and prohibited from enrolling in the |
| |
20|same virtual charter school for the remainder of the school year. |
| |
21| G. The governing body board of each statewide virtual charter |
| |
22|school shall develop, adopt, and post on the school's website a |
| |
23|policy regarding consequences for a student's failure to attend |
| |
24|school and complete instructional activities. The policy shall |
| |
Req. No. 7065 Page 87
___________________________________________________________________________
1|state, at a minimum, that if a student fails to consistently attend |
| |
2|school and complete instructional activities after receiving a |
| |
3|notification pursuant to subsection E of this section and reasonable |
| |
4|intervention strategies have been implemented, a student shall be |
| |
5|subject to certain consequences including withdrawal from the school |
| |
6|for truancy. |
| |
7| H. If a statewide virtual charter school withdraws a student |
| |
8|pursuant to subsections F and G of this section, the virtual charter |
| |
9|school shall immediately notify the student's resident district in |
| |
10|writing of the student's disenrollment. |
| |
11| I. The provisions of subsections F, G, and H of this section |
| |
12|shall not be in effect until the implementation of subsection H D of |
| |
13|Section 3-145.3 of this title. |
| |
14| J. The Statewide Virtual Charter School Board Statewide Charter |
| |
15|School Board may promulgate rules to implement the provisions of |
| |
16|this section. |
| |
17| SECTION 17. NEW LAW A new section of law to be codified |
| |
18|in the Oklahoma Statutes as Section 3-145.9 of Title 70, unless |
| |
19|there is created a duplication in numbering, reads as follows: |
| |
20| Beginning with the 2024-2025 school year, members of a charter |
| |
21|school sponsor governing board shall designate a representative from |
| |
22|the board to complete an annual sponsor workshop requirement |
| |
23|provided by the Statewide Charter School Board for a minimum of two |
| |
24|(2) hours but not to exceed twelve (12) hours. The sponsor workshop |
| |
Req. No. 7065 Page 88
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1|shall include, but not be limited to, information regarding the |
| |
2|Charter Schools Act, charter governance, Internal Revenue Services |
| |
3|rules for nonprofits, and school finance laws. |
| |
4| SECTION 18. AMENDATORY 70 O.S. 2021, Section 5-200, is |
| |
5|amended to read as follows: |
| |
6| Section 5-200. A. As used in this section, "educational |
| |
7|management organization" means a for-profit or nonprofit |
| |
8|organization that receives public funds to provide administration |
| |
9|and management services for a charter school, statewide virtual |
| |
10|charter school or traditional public school. |
| |
11| B. A charter school that contracts with an educational |
| |
12|management organization shall use the Oklahoma Cost Accounting |
| |
13|System (OCAS) to report the total amount paid to an educational |
| |
14|management organization pursuant to the terms of the contract as |
| |
15|well as actual itemized expenditure information for the goods or |
| |
16|services provided by the management organization as defined by OCAS |
| |
17|expenditure codes, including the total compensation package of the |
| |
18|superintendent including the base salary, insurance, retirement and |
| |
19|other fringe benefits. |
| |
20| C. Any Pursuant to Internal Revenue Service guidelines, any |
| |
21|owner of an educational management organization shall be required to |
| |
22|disclose to the governing board of the school in a public meeting |
| |
23|any ownership position in any business that contracts or proposes to |
| |
24| |
| |
Req. No. 7065 Page 89
___________________________________________________________________________
1|contract with the same public school that the educational management |
| |
2|organization is managing. |
| |
3| D. Whenever any person shall enter into a contract with any |
| |
4|school district or public charter school in the state to teach in |
| |
5|such school district or public charter school the contract shall be |
| |
6|binding on the teacher and on the board of education until the |
| |
7|teacher legally has been discharged from the teaching position or |
| |
8|released by the board of education from the contract. Except as |
| |
9|provided in Section 5-106A of Title 70 of the Oklahoma Statutes this |
| |
10|title, until such teacher has been thus discharged or released, the |
| |
11|teacher shall not have authority to enter into a contract with any |
| |
12|other board of education in Oklahoma for the same time covered by |
| |
13|the original contract. If upon written complaint by the board of |
| |
14|education in a district any teacher is reported to have failed to |
| |
15|obey the terms of the contract previously made and to have entered |
| |
16|into a contract with another board of education, including a public |
| |
17|charter school board of education, without having been released from |
| |
18|the former contract except as provided in Section 5-106A of Title 70 |
| |
19|of the Oklahoma Statutes this title, the teacher, upon being found |
| |
20|to be employed full-time for another public school, including a |
| |
21|public charter school in the state, at a hearing held before the |
| |
22|State Board of Education, shall have such teacher's certificate |
| |
23|suspended for the remainder of the term for which the contract was |
| |
24|made. |
| |
Req. No. 7065 Page 90
___________________________________________________________________________
1| SECTION 19. AMENDATORY 70 O.S. 2021, Section 18-124, is |
| |
2|amended to read as follows: |
| |
3| Section 18-124. A. Any school district with an average daily |
| |
4|attendance (ADA) of more than one thousand five hundred (1,500) |
| |
5|students for the preceding year which expends for administrative |
| |
6|services in the 2005-06 school year or any school year thereafter, |
| |
7|less expenditures for legal services, more than five percent (5%) of |
| |
8|the amount it expends for total expenditures, less expenditures for |
| |
9|legal services, shall have the amount which exceeds the five percent |
| |
10|(5%) withheld the following year from the Foundation and Salary |
| |
11|Incentive Aid for the school district. |
| |
12| B. Any school district with an average daily attendance (ADA) |
| |
13|of more than five hundred (500) students but not more than one |
| |
14|thousand five hundred (1,500) students for the preceding year which |
| |
15|expends for administrative services in the 2005-06 school year or |
| |
16|any school year thereafter, less expenditures for legal services, |
| |
17|more than seven percent (7%) of the amount it expends for total |
| |
18|expenditures, less expenditures for legal services, shall have the |
| |
19|amount which exceeds the seven percent (7%) withheld the following |
| |
20|year from the Foundation and Salary Incentive Aid for the school |
| |
21|district. |
| |
22| C. Any school district with an average daily attendance (ADA) |
| |
23|of five hundred (500) or fewer students for the preceding year which |
| |
24|expends for administrative services in the 2005-06 school year or |
| |
Req. No. 7065 Page 91
___________________________________________________________________________
1|any school year thereafter, less expenditures for legal services, |
| |
2|more than eight percent (8%) of the amount it expends for total |
| |
3|expenditures, less expenditures for legal services, shall have the |
| |
4|amount which exceeds the eight percent (8%) withheld the following |
| |
5|year from the Foundation and Salary Incentive Aid for the school |
| |
6|district. |
| |
7| D. The provisions of this section shall apply to charter |
| |
8|schools and virtual charter schools which contract with an |
| |
9|educational management organization as defined in Section 5-200 of |
| |
10|this title. The expenditure limits shall not exceed the percentages |
| |
11|prescribed in subsections A, B, and C of this section, and the |
| |
12|calculation of administrative services for schools which contract |
| |
13|with an educational management organization shall be the combined |
| |
14|amount of administrative services expended by the school and the |
| |
15|educational management organization. |
| |
16| E. For purposes of this section, "administrative services" |
| |
17|means costs associated with: |
| |
18| 1. Staff for the board of education; |
| |
19| 2. The secretary/clerk for the board of education; |
| |
20| 3. Staff relations; |
| |
21| 4. Negotiations staff; |
| |
22| 5. Immediate staff of the superintendent, any elementary |
| |
23|superintendent or any assistant superintendent; |
| |
24| |
| |
Req. No. 7065 Page 92
___________________________________________________________________________
1| 6. Any superintendent, elementary superintendent, or assistant |
| |
2|superintendent; |
| |
3| 7. Any employee of a school district employed as a director, |
| |
4|coordinator, supervisor, or who has responsibility for |
| |
5|administrative functions of a school district; and |
| |
6| 8. Any consultant hired by the school district; and |
| |
7| 9. Administrative services paid to an educational management |
| |
8|organization as defined in Section 5-200 of this title. |
| |
9| E. F. If an employee of a school district is employed in a |
| |
10|position where part of the employee's time is spent as an |
| |
11|administrator and part of the time is spent in nonadministrative |
| |
12|functions, the percentage of time spent as an administrator shall be |
| |
13|included as administrative services. A superintendent who spends |
| |
14|part of the time performing exempted nonadministrative services such |
| |
15|as teaching in the classroom, serving as a principal, counselor, or |
| |
16|library media specialist, can code up to forty percent (40%) of |
| |
17|their salary to other nonadministrative functions. The total amount |
| |
18|of time a superintendent of a school district spends performing |
| |
19|services for a school district shall be included as administrative |
| |
20|services even if part of the time the superintendent is performing |
| |
21|nonexempted nonadministrative service functions. The total amount |
| |
22|received by a superintendent from the school district as salary, for |
| |
23|the performance of administrative and nonexempted nonadministrative |
| |
24| |
| |
Req. No. 7065 Page 93
___________________________________________________________________________
1|services, shall be recorded under the code for superintendent salary |
| |
2|as provided for in the Oklahoma Cost Accounting System. |
| |
3| F. G. Each school site within a school district shall take |
| |
4|steps to ensure that the administrative costs for the school comply |
| |
5|with the expenditure limits established for school districts in this |
| |
6|section. |
| |
7| G. H. Funds withheld pursuant to the provisions of this section |
| |
8|shall be distributed through the State Aid formula to the districts |
| |
9|not so penalized. |
| |
10| H. I. For the 2003-04 and 2004-05 school year, school districts |
| |
11|shall report to the State Department of Education the costs |
| |
12|associated with administrative services for the school district as |
| |
13|defined in subsection D of this section. |
| |
14| SECTION 20. AMENDATORY 70 O.S. 2021, Section 1210.704, |
| |
15|is amended to read as follows: |
| |
16| Section 1210.704 A. Beginning with the 20242025 school year, |
| |
17|all public high schools in this state shall make a minimum of four |
| |
18|advanced placement courses available to students. |
| |
19| B. Local School district boards of education in each district |
| |
20|shall be responsible for ensuring annually that all high school |
| |
21|students have access to advanced placement courses beginning in the |
| |
22|2024-2025 school year. Such access may be provided through |
| |
23|enrollment in courses offered through: |
| |
24| 1. A school site or sites within the district; |
| |
Req. No. 7065 Page 94
___________________________________________________________________________
1| 2. A career and technology institution technology center school |
| |
2|within the district; |
| |
3| 3. A An online learning program offered by the Statewide |
| |
4|Virtual Charter School Board Statewide Charter School Board or one |
| |
5|of its vendors; or |
| |
6| 4. A school site or sites in another school district. |
| |
7| C. The Statewide Virtual Charter School Board Statewide Charter |
| |
8|School Board shall maintain an online learning platform to provide |
| |
9|high quality online learning opportunities for Oklahoma students |
| |
10|that are aligned with the subject matter standards adopted by the |
| |
11|State Board of Education pursuant to Section 11-103.6 of Title 70 of |
| |
12|the Oklahoma Statutes this title. The Board shall implement online |
| |
13|courses, with an emphasis on science, technology, engineering, and |
| |
14|math (STEM) courses, foreign language courses, and advanced |
| |
15|placement courses. The online platform shall be available to all |
| |
16|Oklahoma school districts. |
| |
17| D. The State Department of Education shall provide information |
| |
18|to all local boards of education, to be distributed to their |
| |
19|students and parents, on available opportunities and the enrollment |
| |
20|process for students to take advanced placement courses. The |
| |
21|information shall explain the value of advanced placement courses in |
| |
22|preparing students for postsecondary-level coursework, enabling |
| |
23|students to gain access to postsecondary opportunities, and |
| |
24|qualifying for scholarships and other financial aid opportunities. |
| |
Req. No. 7065 Page 95
___________________________________________________________________________
1| E. The State Department of Education shall retain records of |
| |
2|which options outlined in subsection B of this section local boards |
| |
3|of education selected for their students and make the information |
| |
4|available on the Department's website. |
| |
5| F. As used in this section, "advanced placement course" shall |
| |
6|have the same meaning as provided in paragraph 1 of Section 1210.702 |
| |
7|of Title 70 of the Oklahoma Statutes this title. |
| |
8| SECTION 21. REPEALER 70 O.S. 2021, Sections 3-135, |
| |
9|3-145.1, 3-145.2, 3-145.3, and 3-145.4, are hereby repealed. |
| |
10| SECTION 22. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, |
| |
11|16, 17, 18, 19, 20, and 21 of this act shall become effective July |
| |
12|1, 2024. |
| |
13| SECTION 23. Sections 1, 2, and 3 of this act shall become |
| |
14|effective July 1, 2023. |
| |
15| SECTION 24. It being immediately necessary for the preservation |
| |
16|of the public peace, health or safety, an emergency is hereby |
| |
17|declared to exist, by reason whereof this act shall take effect and |
| |
18|be in full force from and after its passage and approval. |
| |
19| |
| |
20| 59-1-7065 EK 01/10/23 |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Req. No. 7065 Page 96
