1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 2413 By: Johns | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to schools; amending 70 O.S. 2021, | | Section 5-200, which relates to educational | 8| management organizations; modifying definition; | | requiring new contracts only be executed with certain | 9| educational management organizations; authorizing | | certain contracts to remain effective until | 10| expiration, termination, or renewal; and providing an | | effective date. | 11| | | | 12| | | | 13| | | | 14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 15| SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-200, is | | | 16|amended to read as follows: | | | 17| Section 5-200. A. As used in this section, "educational | | | 18|management organization" meansa for-profit or nonprofitan | | | 19|organization that receives public funds to provide administration | | | 20|and management services for a charter school, statewide virtual | | | 21|charter school or traditional public school. | | | 22| B. Beginning November 1, 2023, a charter school or virtual | | | 23|charter school that executes a new contract or renews a contract | | | 24|with an educational management organization shall only contract with | | | Req. No. 6165 Page 1 ___________________________________________________________________________
1|an educational management organization that is a nonprofit | | | 2|organization or a benefit corporation organized pursuant to the | | | 3|Oklahoma Benefit Corporation Act. If a charter school or virtual | | | 4|charter school has an existing contract with an educational | | | 5|management organization that is not a nonprofit organization or | | | 6|benefit corporation on or before October 1, 2023, the contract may | | | 7|remain in effect until the contract term expires, terminates, or is | | | 8|eligible for renewal. | | | 9| C. A charter school that contracts with an educational | | | 10|management organization shall use the Oklahoma Cost Accounting | | | 11|System (OCAS) to report the total amount paid to an educational | | | 12|management organization as well as itemized expenditure information | | | 13|for the goods or services provided by the management organization as | | | 14|defined by OCAS expenditure codes, including the total compensation | | | 15|package of the superintendent including the base salary, insurance, | | | 16|retirement and other fringe benefits. | | | 17|C.D. Any owner of an educational management organization shall | | | 18|be required to disclose to the governing board of the school in a | | | 19|public meeting any ownership position in any business that contracts | | | 20|or proposes to contract with the same public school that the | | | 21|educational management organization is managing. | | | 22|D.E. Whenever any person shall enter into a contract with any | | | 23|school district or public charter school in the state to teach in | | | 24|such school district or public charter school the contract shall be | | | Req. No. 6165 Page 2 ___________________________________________________________________________
1|binding on the teacher and on the board of education until the | | | 2|teacher legally has been discharged from the teaching position or | | | 3|released by the board of education from the contract. Except as | | | 4|provided in Section 5-106A of Title 70 of the Oklahoma Statutes, | | | 5|until such teacher has been thus discharged or released, the teacher | | | 6|shall not have authority to enter into a contract with any other | | | 7|board of education in Oklahoma for the same time covered by the | | | 8|original contract. If upon written complaint by the board of | | | 9|education in a district any teacher is reported to have failed to | | | 10|obey the terms of the contract previously made and to have entered | | | 11|into a contract with another board of education, including a public | | | 12|charter school board of education, without having been released from | | | 13|the former contract except as provided in Section 5-106A of Title 70 | | | 14|of the Oklahoma Statutes, the teacher, upon being found to be | | | 15|employed full-time for another public school, including a public | | | 16|charter school in the state, at a hearing held before the State | | | 17|Board of Education, shall have such teacher's certificate suspended | | | 18|for the remainder of the term for which the contract was made. | | | 19| SECTION 2. This act shall become effective November 1, 2023. | | | 20| | | | 21| 59-1-6165 EK 01/13/23 | | | 22| | | | 23| | | | 24| | | | Req. No. 6165 Page 3