1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 149 By: Hicks |
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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; amending 70 O.S. |
| 2021, Section 3-132, as amended by Section 1, Chapter |
8| 222, O.S.L. 2022 (70 O.S. Supp. 2022, Section 3-132), |
| which relates to charter school sponsorship; removing |
9| language allowing the State Board of Education to |
| sponsor a charter school under certain circumstances; |
10| prohibiting the State Board of Education from |
| sponsoring certain charter schools after certain |
11| date; requiring certain notification; directing |
| certain charter school applicants to enter into |
12| certain contract by certain date; providing for |
| dissolution of certain charter schools after certain |
13| date; updating statutory reference and language; |
| amending 70 O.S. 2021, Section 3-134, as amended by |
14| Section 2, Chapter 222, O.S.L. 2022 (70 O.S. Supp. |
| 2022, Section 3-134), which relates to charter school |
15| applications; removing language regarding the |
| location of certain charter school sponsored by the |
16| State Board of Education; modifying which charter |
| school applicants can seek certain arbitration under |
17| certain conditions; providing an effective date; and |
| declaring an emergency. |
18| |
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19| |
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20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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21| SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-132, as |
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22|amended by Section 1, Chapter 222, O.S.L. 2022 (70 O.S. Supp. 2022, |
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23|Section 3-132), is amended to read as follows: |
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24| |
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1| Section 3-132. A. The Oklahoma Charter Schools Act shall apply |
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2|only to charter schools formed and operated under the provisions of |
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3|the act Section 3-130 et seq. of this title. Charter schools shall |
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4|be sponsored only as follows: |
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5| 1. By any school district located in the State of Oklahoma this |
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6|state, provided such charter school shall only be located within the |
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7|geographical boundaries of the sponsoring district and subject to |
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8|the restrictions of Section 3-145.6 of this title; |
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9| 2. By a technology center school district if the charter school |
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10|is located in a school district served by the technology center |
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11|school district in which all or part of the school district is |
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12|located in a county having more than five hundred thousand (500,000) |
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13|population according to the latest Federal Decennial Census; |
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14| 3. By a technology center school district if the charter school |
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15|is located in a school district served by the technology center |
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16|school district and the school district has a school site that has |
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17|been identified as in need of improvement by the State Board of |
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18|Education pursuant to the Elementary and Secondary Education Act of |
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19|1965, as amended or reauthorized; |
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20| 4. By an accredited comprehensive or regional institution that |
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21|is a member of The Oklahoma State System of Higher Education or a |
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22|community college if the charter school is located in a school |
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23|district in which all or part of the school district is located in a |
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1|county having more than five hundred thousand (500,000) population |
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2|according to the latest Federal Decennial Census; |
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3| 5. By a comprehensive or regional institution that is a member |
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4|of The Oklahoma State System of Higher Education if the charter |
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5|school is located in a school district that has a school site that |
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6|has been identified as in need of improvement by the State Board of |
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7|Education pursuant to the Elementary and Secondary Education Act of |
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8|1965, as amended or reauthorized. In addition, the institution |
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9|shall have a teacher education program accredited by the Oklahoma |
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10|Commission for Teacher Preparation and have a branch campus or |
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11|constituent agency physically located within the school district in |
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12|which the charter school is located in the State of Oklahoma this |
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13|state; |
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14| 6. By a federally recognized Indian tribe, operating a high |
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15|school under the authority of the Bureau of Indian Affairs as of |
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16|November 1, 2010, if the charter school is for the purpose of |
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17|demonstrating native language immersion instruction, and is located |
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18|within its former reservation or treaty area boundaries. For |
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19|purposes of this paragraph, native language immersion instruction |
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20|shall require that educational instruction and other activities |
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21|conducted at the school site are primarily conducted in the native |
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22|language; |
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23| 7. By the State Board of Education when the applicant of the |
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24|charter school is the Office of Juvenile Affairs or the applicant |
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1|has a contract with the Office of Juvenile Affairs and the charter |
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2|school is for the purpose of providing education services to youth |
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3|in the custody or supervision of the state. Not more than two |
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4|charter schools shall be sponsored by the Board as provided for in |
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5|this paragraph during the period of time beginning July 1, 2010, |
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6|through July 1, 2016; or |
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7| 8. By a federally recognized Indian tribe only when the charter |
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8|school is located within the former reservation or treaty area |
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9|boundaries of the tribe on property held in trust by the Bureau of |
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10|Indian Affairs of the United States Department of the Interior for |
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11|the benefit of the tribe; or |
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12| 9. By the State Board of Education when the applicant has first |
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13|been denied a charter by the local school district in which it seeks |
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14|to operate. In counties with fewer than five hundred thousand |
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15|(500,000) population, according to the latest Federal Decennial |
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16|Census, the State Board of Education shall not sponsor more than |
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17|five charter schools per year each year for the first five (5) years |
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18|after the effective date of this act, with not more than one charter |
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19|school sponsored in a single school district per year. In order to |
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20|authorize a charter school under this section, the State Board of |
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21|Education shall find evidence of all of the following: |
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22| a. a thorough and high-quality charter school |
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23| application from the applicant based on the |
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24| |
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1| authorizing standards in subsection B of Section 3-134 |
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2| of this title, |
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3| b. a clear demonstration of community support for the |
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4| charter school, and |
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5| c. the grounds and basis of objection by the school |
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6| district for denying the operation of the charter are |
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7| not supported by the greater weight of evidence and |
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8| the strength of the application. |
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9| B. An eligible non-school-district sponsor shall give priority |
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10|to opening charter schools that serve at-risk student populations or |
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11|students from low-performing traditional public schools. |
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12| C. An eligible non-school-district sponsor shall give priority |
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13|to applicants that have demonstrated a record of operating at least |
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14|one school or similar program that demonstrates academic success and |
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15|organizational viability and serves student populations similar to |
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16|those the proposed charter school seeks to serve. In assessing the |
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17|potential for quality replication of a charter school, a sponsor |
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18|shall consider the following factors before approving a new site or |
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19|school: |
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20| 1. Evidence of a strong and reliable record of academic success |
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21|based primarily on student performance data, as well as other viable |
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22|indicators, including financial and operational success; |
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23| 2. A sound, detailed, and well-supported growth plan; |
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24| |
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1| 3. Evidence of the ability to transfer successful practices to |
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2|a potentially different context that includes reproducing critical |
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3|cultural, organizational and instructional characteristics; |
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4| 4. Any management organization involved in a potential |
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5|replication is fully vetted, and the academic, financial, and |
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6|operational records of the schools it operates are found to be |
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7|satisfactory; |
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8| 5. Evidence the program seeking to be replicated has the |
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9|capacity to do so successfully without diminishing or putting at |
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10|risk its current operations; and |
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11| 6. A financial structure that ensures that funds attributable |
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12|to each charter school within a network and required by law to be |
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13|utilized by a school remain with and are used to benefit that |
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14|school. |
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15| D. For purposes of the Oklahoma Charter Schools Act, "charter |
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16|school" means a public school established by contract with a board |
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17|of education of a school district, an area vocational-technical |
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18|school district, a higher education institution, a federally |
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19|recognized Indian tribe, or the State Board of Education pursuant to |
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20|the Oklahoma Charter Schools Act to provide learning that will |
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21|improve student achievement and as defined in the Elementary and |
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22|Secondary Education Act of 1965, 20 U.S.C. 8065. |
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23| E. 1. For the purposes of the Oklahoma Charter Schools Act, |
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24|"conversion school" means a school created by converting all or any |
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1|part of a traditional public school in order to access any or all |
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2|flexibilities afforded to a charter school. |
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3| 2. Prior to the board of education of a school district |
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4|converting all or any part of a traditional public school to a |
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5|conversion school, the board shall prepare a conversion plan. The |
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6|conversion plan shall include documentation that demonstrates and |
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7|complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, |
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8|19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134 |
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9|of this title. The conversion plan and all documents shall be in |
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10|writing and shall be available to the public pursuant to the |
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11|requirements of the Oklahoma Open Records Act. All votes by the |
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12|board of education of a school district to approve a conversion plan |
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13|shall be held in an open public session. If the board of education |
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14|of a school district votes to approve a conversion plan, the board |
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15|shall notify the State Board of Education within sixty (60) days |
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16|after the vote. The notification shall include a copy of the |
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17|minutes for the board meeting at which the conversion plan was |
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18|approved. |
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19| 3. A conversion school shall comply with all the same |
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20|accountability measures as are required of a charter school as |
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21|defined in subsection D of this section. The provisions of Sections |
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22|3-140 and 3-142 of this title shall not apply to a conversion |
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23|school. Conversion schools shall comply with the same laws and |
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24|State Board of Education rules relating to student enrollment which |
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1|apply to traditional public schools. Conversion schools shall be |
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2|funded by the board of education of the school district as a school |
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3|site within the school district and funding shall not be affected by |
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4|the conversion of the school. |
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5| 4. The board of education of a school district may vote to |
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6|revert a conversion school back to a traditional public school at |
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7|any time; provided, the change shall only occur during a break |
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8|between school years. |
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9| 5. Unless otherwise provided for in this subsection, a |
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10|conversion school shall retain the characteristics of a traditional |
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11|public school. |
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12| F. A charter school may consist of a new school site, new |
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13|school sites or all or any portion of an existing school site. An |
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14|entire school district may not become a charter school site. |
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15| G. 1. Beginning July 1, 2024, the State Board of Education |
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16|shall not sponsor charter schools except as provided for in |
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17|paragraph 7 of subsection A of this section. |
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18| 2. On the effective date of this act, the State Board of |
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19|Education shall notify any charter school that is sponsored by the |
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20|Board in a manner other than that allowed by paragraph 7 of |
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21|subsection A of this section that its sponsorship shall cease |
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22|effective July 1, 2024. The charter school applicant shall have |
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23|until July 1, 2024, to enter into a contract with a sponsor as |
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24|provided for in subsection A of this section. If the charter school |
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1|applicant does not successfully enter into a contract with a sponsor |
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2|by July 1, 2024, the charter school shall be dissolved. |
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3| SECTION 2. AMENDATORY 70 O.S. 2021, Section 3-134, as |
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4|amended by Section 2, Chapter 222, O.S.L. 2022 (70 O.S. Supp. 2022, |
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5|Section 3-134), is amended to read as follows: |
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6| Section 3-134. A. For written applications filed after January |
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7|1, 2008, prior to submission of the application to a proposed |
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8|sponsor seeking to establish a charter school, the applicant shall |
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9|be required to complete training which shall not exceed ten (10) |
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10|hours provided by the State Department of Education on the process |
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11|and requirements for establishing a charter school. The Department |
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12|shall develop and implement the training by January 1, 2008. The |
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13|Department may provide the training in any format and manner that |
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14|the Department determines to be efficient and effective including, |
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15|but not limited to, web-based training. |
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16| B. Except as otherwise provided for in Section 3-137 of this |
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17|title, an applicant seeking to establish a charter school shall |
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18|submit a written application to the proposed sponsor as prescribed |
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19|in subsection E of this section. The application shall include: |
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20| 1. A mission statement for the charter school; |
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21| 2. A description including, but not limited to, background |
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22|information of the organizational structure and the governing body |
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23|of the charter school; |
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24| |
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1| 3. A financial plan for the first five (5) years of operation |
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2|of the charter school and a description of the treasurer or other |
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3|officers or persons who shall have primary responsibility for the |
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4|finances of the charter school. Such person shall have demonstrated |
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5|experience in school finance or the equivalent thereof; |
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6| 4. A description of the hiring policy of the charter school; |
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7| 5. The name of the applicant or applicants and requested |
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8|sponsor; |
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9| 6. A description of the facility and location of the charter |
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10|school; |
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11| 7. A description of the grades being served; |
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12| 8. An outline of criteria designed to measure the effectiveness |
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13|of the charter school; |
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14| 9. A demonstration of support for the charter school from |
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15|residents of the school district which may include but is not |
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16|limited to a survey of the school district residents or a petition |
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17|signed by residents of the school district; |
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18| 10. Documentation that the applicants completed charter school |
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19|training as set forth in subsection A of this section; |
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20| 11. A description of the minimum and maximum enrollment planned |
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21|per year for each term of the charter contract; |
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22| 12. The proposed calendar for the charter school and sample |
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23|daily schedule; |
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24| |
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1| 13. Unless otherwise authorized by law or regulation, a |
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2|description of the academic program aligned with state standards; |
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3| 14. A description of the instructional design of the charter |
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4|school, including the type of learning environment, class size and |
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5|structure, curriculum overview, and teaching methods; |
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6| 15. The plan for using internal and external assessments to |
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7|measure and report student progress on the performance framework |
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8|developed by the applicant in accordance with subsection C of |
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9|Section 3-135 of this title; |
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10| 16. The plans for identifying and successfully serving students |
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11|with disabilities, students who are English language learners, and |
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12|students who are academically behind; |
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13| 17. A description of cocurricular or extracurricular programs |
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14|and how they will be funded and delivered; |
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15| 18. Plans and time lines for student recruitment and |
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16|enrollment, including lottery procedures; |
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17| 19. The student discipline policies for the charter school, |
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18|including those for special education students; |
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19| 20. An organizational chart that clearly presents the |
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20|organizational structure of the charter school, including lines of |
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21|authority and reporting between the governing board, staff, any |
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22|related bodies such as advisory bodies or parent and teacher |
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23|councils, and any external organizations that will play a role in |
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24|managing the school; |
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1| 21. A clear description of the roles and responsibilities for |
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2|the governing board, the leadership and management team for the |
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3|charter school, and any other entities shown in the organizational |
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4|chart; |
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5| 22. The leadership and teacher employment policies for the |
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6|charter school; |
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7| 23. Proposed governing bylaws; |
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8| 24. Explanations of any partnerships or contractual |
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9|partnerships central to the operations or mission of the charter |
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10|school; |
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11| 25. The plans for providing transportation, food service, and |
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12|all other significant operational or ancillary services; |
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13| 26. Opportunities and expectations for parental involvement; |
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14| 27. A detailed school start-up plan that identifies tasks, time |
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15|lines, and responsible individuals; |
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16| 28. A description of the financial plan and policies for the |
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17|charter school, including financial controls and audit requirements; |
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18| 29. A description of the insurance coverage the charter school |
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19|will obtain; |
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20| 30. Start-up and five-year budgets with clearly stated |
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21|assumptions; |
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22| 31. Start-up and first-year cash-flow projections with clearly |
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23|stated assumptions; |
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24| |
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1| 32. Evidence of anticipated fundraising contributions, if |
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2|claimed in the application; |
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3| 33. A sound facilities plan, including backup or contingency |
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4|plans if appropriate; |
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5| 34. A requirement that the charter school governing board meet |
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6|at a minimum quarterly in the state and that for those charter |
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7|schools outside of counties with a population of five hundred |
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8|thousand (500,000) or more, that a majority of members are residents |
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9|within the geographic boundary of the sponsoring entity; and |
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10| 35. A requirement that the charter school follow the |
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11|requirements of the Oklahoma Open Meeting Act and Oklahoma Open |
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12|Records Act. |
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13| C. A board of education of a public school district, public |
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14|body, public or private college or university, private person, or |
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15|private organization may contract with a sponsor to establish a |
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16|charter school. A private school shall not be eligible to contract |
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17|for a charter school under the provisions of the Oklahoma Charter |
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18|Schools Act. |
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19| D. The sponsor of a charter school is the board of education of |
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20|a school district, the board of education of a technology center |
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21|school district, a higher education institution, the State Board of |
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22|Education, or a federally recognized Indian tribe which meets the |
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23|criteria established in Section 3-132 of this title. Any board of |
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24|education of a school district in the state may sponsor one or more |
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1|charter schools. The physical location of a charter school |
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2|sponsored by a board of education of a school district or a |
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3|technology center school district shall be within the boundaries of |
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4|the sponsoring school district. The physical location of a charter |
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5|school otherwise sponsored by the State Board of Education pursuant |
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6|to paragraph 8 of subsection A of Section 3-132 of this title shall |
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7|be in the school district in which the application originated. |
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8| E. An applicant for a charter school may submit an application |
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9|to a proposed sponsor which shall either accept or reject |
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10|sponsorship of the charter school within ninety (90) days of receipt |
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11|of the application. If the proposed sponsor rejects the |
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12|application, it shall notify the applicant in writing of the reasons |
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13|for the rejection. The applicant may submit a revised application |
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14|for reconsideration to the proposed sponsor within thirty (30) days |
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15|after receiving notification of the rejection. The proposed sponsor |
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16|shall accept or reject the revised application within thirty (30) |
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17|days of its receipt. Should the sponsor reject the application on |
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18|reconsideration, the applicant may appeal the decision to the State |
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19|Board of Education with the revised application for review pursuant |
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20|to paragraph 8 of subsection A of Section 3-132 of this title. The |
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21|State Board of Education shall hear the appeal no later than sixty |
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22|(60) days from the date received by the Board. |
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23| F. A board of education of a school district, board of |
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24|education of a technology center school district, higher education |
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1|institution, or federally recognized Indian tribe sponsor of a |
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2|charter school shall notify the State Board of Education when it |
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3|accepts sponsorship of a charter school. The notification shall |
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4|include a copy of the charter of the charter school. |
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5| G. Applicants for charter schools proposed to be sponsored by |
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6|an entity other than a school district pursuant to paragraph 1 of |
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7|subsection A of Section 3-132 of this title may, upon rejection of |
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8|the revised application, proceed to binding arbitration under the |
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9|commercial rules of the American Arbitration Association with costs |
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10|of the arbitration to be borne by the proposed sponsor. Applicants |
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11|for charter schools proposed to be sponsored by school districts |
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12|pursuant to paragraph 1 of subsection A of Section 3-132 of this |
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13|title may not proceed to binding arbitration but may be sponsored by |
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14|the State Board of Education as provided in paragraph 8 of |
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15|subsection A of Section 3-132 of this title. |
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16| H. If a board of education of a technology center school |
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17|district, a higher education institution, the State Board of |
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18|Education, or a federally recognized Indian tribe accepts |
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19|sponsorship of a charter school, the administrative, fiscal and |
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20|oversight responsibilities of the technology center school district, |
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21|the higher education institution, or the federally recognized Indian |
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22|tribe shall be listed in the contract. No responsibilities shall be |
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23|delegated to a school district unless the local school district |
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24|agrees to assume the responsibilities. |
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1| I. A sponsor of a public charter school shall have the |
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2|following powers and duties: |
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3| 1. Provide oversight of the operations of charter schools in |
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4|the state through annual performance reviews of charter schools and |
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5|reauthorization of charter schools for which it is a sponsor; |
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6| 2. Solicit and evaluate charter applications; |
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7| 3. Approve quality charter applications that meet identified |
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8|educational needs and promote a diversity of educational choices; |
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9| 4. Decline to approve weak or inadequate charter applications; |
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10| 5. Negotiate and execute sound charter contracts with each |
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11|approved public charter school; |
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12| 6. Monitor, in accordance with charter contract terms, the |
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13|performance and legal compliance of charter schools; and |
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14| 7. Determine whether each charter contract merits renewal, |
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15|nonrenewal or revocation. |
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16| J. Sponsors shall establish a procedure for accepting, |
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17|approving, and disapproving charter school applications in |
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18|accordance with subsection E of this section. |
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19| K. Sponsors shall be required to develop and maintain |
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20|chartering policies and practices consistent with recognized |
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21|principles and standards for quality charter authorizing as |
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22|established by the State Department of Education in all major areas |
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23|of authorizing responsibility, including organizational capacity and |
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24|infrastructure, soliciting and evaluating charter applications, |
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1|performance contracting, ongoing charter school oversight and |
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2|evaluation, and charter renewal decision-making. |
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3| L. Sponsors acting in their official capacity shall be immune |
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4|from civil and criminal liability with respect to all activities |
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5|related to a charter school with which they contract. |
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6| SECTION 3. This act shall become effective July 1, 2023. |
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7| SECTION 4. It being immediately necessary for the preservation |
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8|of the public peace, health, or safety, an emergency is hereby |
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9|declared to exist, by reason whereof this act shall take effect and |
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10|be in full force from and after its passage and approval. |
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11| |
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12| 59-1-1010 EB 1/4/2023 5:54:01 PM |
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Req. No. 1010 Page 17