Bill Text For HB2180 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|HOUSE BILL 2180                      By: Lowe (Dick)                   |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to virtual charter schools; amending            |
  |       70 O.S. 2021, Section 3-145.8, which relates to                 |
 8|       virtual charter school attendance; modifying                    |
  |       attendance requirements for virtual charter school              |
 9|       alternative education programs; defining term;                  |
  |       clarifying timing requirement for completion of                 |
10|       instructional activities; authorizing virtual charter           |
  |       school alternative education program to request a               |
11|       certain student waiver; directing office of                     |
  |       accreditation to review the request and make a                  |
12|       determination; requiring continued attendance while             |
  |       waiver is being reviewed; updating internal                     |
13|       references; and providing an effective date.                    |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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17|    SECTION 1.     AMENDATORY     70 O.S. 2021, Section 3-145.8, is    |
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18|amended to read as follows:                                            |
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19|    Section 3-145.8  A.  It shall be the duty of each virtual          |
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20|charter school approved and sponsored by the Statewide Virtual         |
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21|Charter School Board pursuant to the provisions of Section 3-145.3     |
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22|of Title 70 of the Oklahoma Statutes this title to keep a full and     |
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23|complete record of the attendance of all students enrolled in the      |
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24|virtual charter school in one of the student information systems       |
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   Req. No. 5774                                                   Page 1
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 1|approved by the State Department of Education and locally selected     |
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 2|by the virtual school from the approved list.                          |
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 3|    B.  By July 1, 2020, the governing body of each virtual charter    |
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 4|school shall adopt an attendance policy.  The policy may allow         |
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 5|attendance to be a proportional amount of the required attendance      |
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 6|policy provisions based upon the date of enrollment of the student.    |
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 7|The attendance policy shall include the following provisions:          |
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 8|    1.  The first date of attendance and membership shall be the       |
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 9|first date the student completes an instructional activity.            |
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10|    2.  A student who attends a virtual charter school shall be        |
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11|considered in attendance for a quarter if the student:                 |
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12|         a.    completes instructional activities on no less than      |
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13|              ninety percent (90%) of the days within the quarter,     |
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14|         b.    is on pace for on-time completion of the course as      |
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15|              defined by the governing board of the virtual charter    |
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16|              school, or                                               |
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17|         c.    completes no less than seventy-two instructional        |
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18|              activities within the quarter of the academic year.      |
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19|    3.  For a student who does not meet any of the criteria set        |
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20|forth in paragraph 1 or 2 of this subsection, the amount of            |
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21|attendance recorded shall be the greater of:                           |
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22|         a.    the number of school days during which the student      |
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23|              completed the instructional activities during the        |
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24|              quarter,                                                 |
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   Req. No. 5774                                                   Page 2
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 1|         b.    the number of school days proportional to the           |
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 2|              percentage of the course that has been completed, or     |
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 3|         c.    the number of school days proportional to the           |
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 4|              percentage of the required minimum number of completed   |
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 5|              instructional activities during the quarter.             |
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 6|    C.  For the purposes of this section, "instructional activities"   |
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 7|shall include instructional meetings with a teacher, completed         |
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 8|assignments that are used to record a grade for a student that is      |
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 9|factored into the student's grade for the semester during which the    |
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10|assignment is completed, testing and school-sanctioned field trips,    |
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11|and orientation.                                                       |
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12|    D.  A student enrolled in a virtual charter school alternative     |
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13|education program designated by the State Department of Education      |
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14|who attends a full abbreviated school day shall be counted in full     |
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15|attendance for purposes of computing the average daily attendance      |
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16|and average daily membership of the virtual charter school.  For       |
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17|purposes of this subsection, "full abbreviated school day" shall       |
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18|mean one hundred eighty-nine (189) hours per quarter or seven          |
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19|hundred fifty-six (756) hours per school year.                         |
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20|    E.  Each statewide virtual charter school approved and sponsored   |
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21|by the Statewide Virtual Charter School Board pursuant to the          |
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22|provisions of Section 3-145.3 of this title shall offer a student      |
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23|orientation, notify the parent or legal guardian and each student      |
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24|who enrolls in that school of the requirement to participate in the    |
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   Req. No. 5774                                                   Page 3
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 1|student orientation, and require all students enrolled to complete     |
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 2|the student orientation prior to completing any other instructional    |
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 3|activity.  The Statewide Virtual Charter School Board shall            |
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 4|promulgate rules to develop materials for orientation.                 |
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 5|    E. F.  Any student that who is behind pace and does not complete   |
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 6|an instructional activity for a fifteen-school-day period fifteen      |
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 7|(15) consecutive days, including weekends, shall be withdrawn for      |
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 8|truancy.  The virtual charter school shall submit a notification to    |
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 9|the parent or legal guardian of a student who has been withdrawn for   |
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10|truancy or is approaching truancy.                                     |
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11|    F.  A G.  1.  Except as provided in paragraph 2 of this            |
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12|subsection, a student who is reported for truancy two times in the     |
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13|same school year shall be withdrawn and prohibited from enrolling in   |
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14|the same virtual charter school for the remainder of the school        |
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15|year.                                                                  |
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16|    2.  If a student is enrolled in a virtual charter school           |
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17|alternative education program designated by the State Department of    |
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18|Education, the virtual charter school may request a waiver of the      |
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19|enrollment prohibition from the Department on behalf of a student      |
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20|enrolled at the virtual charter school who is reported for truancy     |
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21|two times in the same school year.  The office of accreditation        |
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22|shall review the waiver request and determine whether the student      |
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23|should be allowed to continue attending the virtual charter school.    |
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24|The student shall continue attending the virtual charter school        |
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   Req. No. 5774                                                   Page 4
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 1|while the waiver is being reviewed and until a final determination     |
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 2|is made.                                                               |
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 3|    G. H.  The governing body of each statewide virtual charter        |
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 4|school shall develop, adopt and post on the school's website a         |
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 5|policy regarding consequences for a student's failure to attend        |
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 6|school and complete instructional activities.  The policy shall        |
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 7|state, at a minimum, that if a student fails to consistently attend    |
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 8|school and complete instructional activities after receiving a         |
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 9|notification pursuant to subsection E F of this section and            |
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10|reasonable intervention strategies have been implemented, a student    |
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11|shall be subject to certain consequences including withdrawal from     |
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12|the school for truancy.                                                |
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13|    H. I.  If a statewide virtual charter school withdraws a student   |
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14|pursuant to subsections F and G and H of this section, the virtual     |
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15|charter school shall immediately notify the student's resident         |
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16|district in writing of the student's disenrollment.                    |
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17|    I. J.  The provisions of subsections F, G, H, and H I of this      |
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18|section shall not be in effect until the implementation of             |
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19|subsection H of Section 3-145.3 of this title.                         |
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20|    J. K.  The Statewide Virtual Charter School Board may promulgate   |
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21|rules to implement the provisions of this section.                     |
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22|    SECTION 2.  This act shall become effective November 1, 2023.      |
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24|    59-1-5774      EK     01/17/23                                     |
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   Req. No. 5774                                                   Page 5
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