1|ENGROSSED HOUSE AMENDMENT |
| TO |
2|ENGROSSED SENATE BILL NO. 1621 By: Pugh of the Senate |
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3| and |
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4| Caldwell (Chad) of the |
| House |
5| |
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6| |
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7| |
| [ charter schools - Statewide Charter School Board - |
8| Statewide Charter School Board Revolving Fund - |
| repealers - codification - effective dates - |
9| emergency ] |
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10| |
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11|AUTHOR: Remove as principal House author Caldwell (Chad) |
|and substitute as principal House author Dills. Retain |
12|Caldwell (Chad) as House coauthor. |
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13|AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill |
| and insert: |
14| |
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15| "An Act relating to charter schools; creating the |
| Statewide Charter School Board; providing authority |
16| of board beginning on certain date; providing for |
| membership; requiring initial appointments by |
17| certain date; providing terms of members; providing |
| for annual election of chair and vice chair; |
18| allowing a member to be removed for certain reasons; |
| providing for filling of vacancies; prohibiting |
19| certain legislators from serving as members; |
| providing for travel reimbursement; requiring first |
20| meeting of Board to be held by certain date; |
| providing for frequency of meetings; specifying |
21| quorum requirements; requiring virtual charter |
| schools to only be sponsored by the Statewide |
22| Charter School Board beginning on certain date; |
| abolishing the Statewide Virtual Charter School |
23| Board upon certain date; providing for succession to |
| certain rights, responsibilities, and agreements |
24| executed prior to certain date; providing for |
| transfer of powers, duties, personnel, property, and |
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1| other items; directing the Director of the Office of |
| Management and Enterprise Services to coordinate |
2| certain transfers; providing for succession of |
| certain contracts; providing for virtual charter |
3| school sponsorship contract renewal; providing for |
| enforceability of certain administrative rules; |
4| granting rulemaking authority; providing for |
| succession to certain rights, responsibilities, and |
5| agreements executed by the State Board of Education |
| prior to certain date; directing Statewide Charter |
6| School Board to assume certain sponsorships; |
| providing for certain sponsorship renewal; |
7| permitting certain charter schools to apply for |
| sponsorship renewal with the Statewide Charter |
8| School Board; establishing powers and duties of the |
| Statewide Charter School Board; reserving certain |
9| powers and duties for the State Board of Education; |
| defining terms; providing for preparation of a |
10| conversion plan; requiring certain items to be |
| included in plan; mandating conversion to school to |
11| comply with certain laws; exempting application of |
| certain laws; providing for funding of conversion |
12| schools; describing process for conversion school |
| reversion; requiring Board to make publicly |
13| available a list of certain courses beginning on |
| certain date; directing the Board, in certain |
14| conjunction, to negotiate and enter into contracts |
| with certain providers; creating the Statewide |
15| Charter School Board Revolving Fund; specifying |
| sources of fund; providing for expenditures; |
16| providing purpose of fund; amending 70 O.S. 2021, |
| Section 3-104, which relates to powers and duties of |
17| the State Board of Education; updating statutory |
| references; modifying reference from the Statewide |
18| Virtual Charter School Board to the Statewide |
| Charter School Board; amending 70 O.S. 2021, |
19| Sections 3-132, 3-134, 3-136, 3-137, 3-139, 3-140, |
| 3-142, 3-143, and 3-144, which relate to |
20| implementation of the Oklahoma Charter Schools Act; |
| modifying eligibility of certain entities to sponsor |
21| charter schools; updating entity reference; |
| excepting existing charter schools from certain |
22| limitation; striking duplicative language; |
| transferring certain training duty from the State |
23| Department of Education to the Statewide Charter |
| School Board; requiring training after certain date |
24| for certain sponsors; establishing deadline for |
| training development and implementation; modifying |
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1| application process and contents for certain |
| schools; requiring certain governing boards to meet |
2| monthly at a minimum; including copies of certain |
| contracts in application; prohibiting certain |
3| entities from contracting with a private school; |
| removing references to charter schools sponsored by |
4| certain entities; deleting limitation of physical |
| locations for certain charter schools; striking |
5| appeals process for certain sponsor rejections; |
| prohibiting delegation of certain responsibilities |
6| to a school district; providing for powers and |
| duties of charter school and virtual charter school |
7| sponsors; requiring Statewide Charter School Board |
| to post certain information on its website; |
8| modifying contents of certain written contracts |
| beginning on certain date; providing exemption from |
9| certain statutes and rules for charter schools and |
| virtual charter schools; requiring charter contract |
10| to describe educational program being offered; |
| subjecting charter schools and virtual charter |
11| schools to certain limitations on spending; |
| prescribing requirements for governing board |
12| members; subjecting governing board to certain |
| conflict of interest requirements; requiring |
13| governing board to comply with certain instruction |
| and continuing education requirements; requiring |
14| notification to sponsor of certain significant |
| actions; requiring charter contracts to include |
15| certain performance provisions; authorizing sponsor |
| to develop a separate performance framework; |
16| requiring submission of data in certain identical |
| format; prescribing minimum framework for |
17| performance evaluation; including certain indicators |
| of evaluation; requiring annual evaluation of |
18| performance framework; mandating presentation of |
| evaluation results in certain open meeting; limiting |
19| provisions of charter contracts; permitting an |
| applicant to hold multiple charter contracts; |
20| defining term; prohibiting certain schools from |
| entering into certain employment contract under |
21| certain circumstances; providing for contents of |
| employment contract; requiring disclosure of |
22| employment rights; prohibiting certain schools from |
| serving certain students without certain contract; |
23| authorizing sponsor to establish certain |
| requirements or conditions for certain schools; |
24| updating references; requiring certain school |
| district to include charter school in bond issue |
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1| planning; providing for increase in length of |
| certain charter contracts; prescribing a performance |
2| report prior to the final year of a charter contract |
| renewal; including certain information in report; |
3| permitting sponsor to require charter school to |
| develop a corrective action plan; authorizing |
4| nonrenewal of contract in certain cases; deleting |
| requirement of sponsor to appear before the State |
5| Board of Education in certain circumstances; |
| requiring certain school to disclose revocation or |
6| nonrenewal in a subsequent application; including |
| virtual charter schools in teacher salary and hiring |
7| provisions; updating statutory language; requiring |
| certain school district to provide directory |
8| information for students residing in the district |
| upon request; prescribing geographic boundaries for |
9| virtual charter schools; prohibiting certain |
| students from participating in certain activities; |
10| permitting participation in intramural activities; |
| designating certain students as transfer students; |
11| prescribing process for enrollment in virtual |
| charter school; requiring transmission of student |
12| records within certain time; directing certain |
| notification if technology infrastructure is |
13| inadequate; prescribing limitation of student |
| transfers; defining term; prohibiting additional |
14| transfer without certain concurrence; providing a |
| grace period for withdrawal; requiring certain |
15| notification; providing for transfer for students |
| who have a parent or guardian in the military; |
16| prescribing process for transfer; defining terms; |
| prohibiting the Statewide Charter School Board from |
17| charging a fee for administrative or other services; |
| specifying how sponsor fee should be used; directing |
18| development of certain data codes for reporting |
| expenditures; requiring sponsor to publish certain |
19| report on its website; mandating sponsor to present |
| report in public meeting; providing content for |
20| report; updating statutory language; transferring |
| oversight authority of the Charter School Closure |
21| Reimbursement Revolving Fund; reassigning duty to |
| submit certain annual report; modifying authority |
22| over the Charter Schools Incentive Fund; amending 70 |
| O.S. 2021, Sections 3-145.5, 3-145.7, and 3-145.8, |
23| which relate to virtual charter schools; deleting |
| outdated language; granting Statewide Virtual |
24| Charter School Board authority over certain |
| revolving fund until certain date; transferring |
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1| funds to certain revolving fund on certain date; |
| updating statutory references to Statewide Charter |
2| School Board; requiring sponsor governing board to |
| designate representative to complete annual sponsor |
3| workshop requirement; including specified topics in |
| workshop; amending 70 O.S. 2021, Section 5-200, |
4| which relates to management organizations; requiring |
| amounts paid to certain organizations be pursuant to |
5| contract terms; mandating disclosure pursuant to |
| certain guidelines; updating statutory citations; |
6| amending 70 O.S. 2021, Section 18-124, which relates |
| to limitations on administrative services |
7| expenditures; providing applicability of limitation |
| to certain schools; clarifying calculation for |
8| specified schools; modifying definition; amending 70 |
| O.S. 2021, Section 1210.704, which relates to the |
9| provision of advanced placement courses; updating |
| references to the Statewide Charter School Board; |
10| repealing 70 O.S. 2021, Sections 3-135, 3-145.1, |
| 3-145.2, 3-145.3, and 3-145.4, which relate to |
11| sponsor contract guidelines and meetings and rule |
| promulgation of the Statewide Virtual Charter School |
12| Board; providing for codification; and providing an |
| effective date. |
13| |
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14| |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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16| SECTION 1. NEW LAW A new section of law to be codified |
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17|in the Oklahoma Statutes as Section 3-132.1 of Title 70, unless |
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18|there is created a duplication in numbering, reads as follows: |
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19| A. There is hereby created the Statewide Charter School Board. |
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20|Beginning July 1, 2023, the Board shall have the sole authority to |
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21|sponsor statewide virtual charter schools in this state and may |
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22|sponsor charter schools in this state. The Board shall be composed |
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23|of nine (9) voting members as follows: |
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24| |
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1| 1. Three members appointed by the Governor, one of whom shall |
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2|initially be a person appointed by the Governor and currently |
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3|serving as a member of the Statewide Virtual Charter School Board |
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4|and one of whom shall possess strong experience and expertise in |
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5|virtual charter schools; |
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6| 2. Two members appointed by the President Pro Tempore of the |
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7|Oklahoma State Senate, one of whom shall initially be a person |
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8|appointed by the President Pro Tempore and currently serving as a |
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9|member of the Statewide Virtual Charter School Board; |
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10| 3. Two members appointed by the Speaker of the Oklahoma House |
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11|of Representatives, one of whom shall initially be a person |
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12|appointed by the Speaker and currently serving as a member of the |
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13|Statewide Virtual Charter School Board; |
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14| 4. The State Superintendent of Public Instruction or his or her |
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15|designee; and |
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16| 5. The State Auditor and Inspector or his or her designee. |
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17| B. Initial appointments shall be made by August 31, 2022. The |
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18|President Pro Tempore of the Senate and the Speaker of the House of |
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19|Representatives shall each appoint one member for one (1) year and |
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20|one member for two (2) years. The Governor shall appoint one member |
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21|for one (1) year and two members for two (2) years. Members shall |
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22|serve until their successors are duly appointed for a term of three |
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23|(3) years. Appointments shall be made by and take effect on July 31 |
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24|of the year in which the appointment is made. Annually by December |
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1|30 the Board shall elect from its membership a chair and vice-chair. |
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2| Members appointed to the Statewide Charter School Board shall |
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3|collectively possess strong experience and expertise in public and |
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4|nonprofit governance, management and finance, assessment, curriculum |
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5|and instruction, public charter schools, and public education law. |
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6|All appointed members of the Statewide Charter School Board shall |
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7|have demonstrated an understanding of and a commitment to charter |
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8|schools as a strategy for strengthening public education. |
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9| C. A member may be removed from the Board by the appointing |
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10|authority for cause which shall include, but not be limited to: |
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11| 1. Being found guilty by a court of competent jurisdiction of a |
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12|felony or any offense involving moral turpitude; |
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13| 2. Being found guilty of malfeasance, misfeasance, or |
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14|nonfeasance in relation to Board duties; |
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15| 3. Being found mentally incompetent by a court of competent |
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16|jurisdiction; or |
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17| 4. Failing to attend three successive meetings of the Board |
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18|without just cause, as determined by the Board. |
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19| D. Vacancies shall be filled by the appointing authority. |
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20| E. No member of the Senate or House of Representatives may be |
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21|appointed to the Board while serving as a member of the Legislature. |
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22| F. Members of the Statewide Charter School Board shall not |
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23|receive compensation but shall be reimbursed for necessary travel |
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24| |
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1|expenses pursuant to the provisions of the State Travel |
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2|Reimbursement Act. |
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3| G. The Statewide Charter School Board shall meet at the call of |
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4|the chair. The first meeting of the Board shall be held no later |
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5|than sixty (60) days after the effective date of this act. |
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6| H. Five members of the Board shall constitute a quorum, and an |
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7|affirmative vote of at least five members shall be required for the |
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8|Board to take any final action. |
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9| I. Beginning July 1, 2023, statewide virtual charter schools |
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10|shall be sponsored only by the Statewide Charter School Board |
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11|created pursuant to this section. Effective July 1, 2023, the |
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12|Statewide Virtual Charter School Board shall be abolished and the |
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13|Statewide Charter School Board shall succeed to any contractual |
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14|rights and responsibilities and settlement agreements incurred by |
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15|the Statewide Virtual Charter School Board in a virtual charter |
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16|school sponsorship contract executed prior to July 1, 2023. |
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17| 1. All powers, duties, responsibilities, policies, personnel, |
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18|property, equipment, supplies, records, assets, funds, current and |
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19|future liabilities, encumbrances, obligations, and indebtedness of |
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20|the Statewide Virtual Charter School Board or associated with a |
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21|virtual charter school sponsorship contract entered into by the |
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22|Statewide Virtual Charter School Board prior to July 1, 2023, shall |
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23|be transferred to the Statewide Charter School Board. No items |
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24|shall be expended or used for any purpose other than the performance |
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1|of duties and responsibilities as directed and required in this act. |
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2| Appropriate conveyances and other documents shall be executed to |
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3|effectuate the transfer of property associated with a sponsorship |
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4|contract. The Statewide Charter School Board may contract for |
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5|additional legal and administrative services as necessary to |
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6|effectuate the transfers provided in this subsection. |
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7| 2. The Director of the Office of Management and Enterprise |
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8|Services shall coordinate the transfer of funds, allotments, |
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9|purchase orders, and outstanding financial obligations and |
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10|encumbrances relating to the regulation of virtual charter schools |
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11|as transferred pursuant to the provisions of this act. |
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12| 3. Upon succession of sponsorship contracts, the Statewide |
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13|Charter School Board shall assume sponsorship of the virtual charter |
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14|schools for the remainder of the term of the contracts. Prior to |
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15|the end of the current term of the contract, the Statewide Charter |
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16|School Board shall allow a virtual charter school to apply for |
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17|renewal of the sponsorship contract in accordance with the renewal |
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18|procedures established pursuant to Section 3-137 of Title 70 of the |
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19|Oklahoma Statutes. |
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20| 4. Effective July 1, 2023, all administrative rules promulgated |
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21|by the Statewide Virtual Charter School Board relating to the |
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22|implementation and enforcement of the Oklahoma Charter Schools Act |
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23|shall be enforceable by the Statewide Charter School Board. The |
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24|rules shall continue in force and effect and the Executive Director |
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1|of the Statewide Charter School Board shall have authority to amend, |
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2|repeal, recodify, or make additions to the rules pursuant to the |
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3|Administrative Procedures Act. |
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4| J. Effective July 1, 2023, the Statewide Charter School Board |
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5|shall succeed to any contractual rights and responsibilities and |
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6|settlement agreements incurred by the State Board of Education in a |
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7|charter school sponsorship contract executed prior to July 1, 2023. |
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8|All property, equipment, supplies, records, assets, funds, current |
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9|and future liabilities, encumbrances, obligations, and indebtedness |
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10|associated with a charter school sponsorship contract entered into |
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11|by the State Board of Education prior to July 1, 2023, shall be |
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12|transferred to the Statewide Charter School Board. Appropriate |
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13|conveyances and other documents shall be executed to effectuate the |
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14|transfer of property associated with a sponsorship contract. Upon |
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15|succession of sponsorship contracts, the Statewide Charter School |
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16|Board shall assume sponsorship of the charter schools for the |
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17|remainder of the term of the contracts. Prior to the end of the |
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18|current term of the contract, the Statewide Charter School Board |
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19|shall allow a charter school to apply for renewal of the sponsorship |
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20|contract in accordance with the renewal procedures established |
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21|pursuant to Section 3-137 of Title 70 of the Oklahoma Statutes. |
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22| K. Beginning July 1, 2023, at the end of the current term of a |
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23|charter school sponsorship contract with a school district, an |
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24|accredited comprehensive or regional institution that is a member of |
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1|The Oklahoma State System of Higher Education, a community college, |
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2|or a federally recognized Indian tribe, a charter school may apply |
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3|for contract renewal with the Statewide Charter School Board for |
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4|sponsorship. |
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5| SECTION 2. NEW LAW A new section of law to be codified |
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6|in the Oklahoma Statutes as Section 3-132.2 of Title 70, unless |
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7|there is created a duplication in numbering, reads as follows: |
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8| A. Beginning July 1, 2023, and subject to the requirements of |
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9|the Oklahoma Charter Schools Act, the Statewide Charter School Board |
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10|shall: |
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11| 1. Provide supervision and oversight of the operations of |
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12|statewide virtual charter schools in this state and charter schools |
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13|for which the Statewide Charter School Board is the sponsor, |
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14|recommend legislation pertaining to charter schools to the |
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15|Legislature, and promulgate rules and policies that the Board deems |
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16|necessary to accomplish the purposes prescribed in this section; |
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17| 2. Ensure compliance with state laws and training requirements |
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18|for all charter schools, virtual charter schools, and sponsors; |
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19| 3. Establish a procedure for accepting, approving, and |
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20|disapproving charter school and statewide virtual charter school |
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21|applications and a process for renewal or revocation of approved |
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22|charter contracts which meet the procedures set forth in the |
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23|Oklahoma Charter Schools Act; |
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24| |
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1| 4. Hire an Executive Director and other staff for its |
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2|operation; |
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3| 5. Prepare a budget for expenditures necessary for the proper |
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4|maintenance of the Board and accomplishment of its purpose; |
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5| 6. Comply with the requirements of the Oklahoma Open Meeting |
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6|Act and Oklahoma Open Records Act; and |
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7| 7. Give priority to opening charter schools and virtual charter |
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8|schools that serve at-risk student populations or students from |
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9|low-performing traditional public schools. |
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10| B. The State Board of Education shall be responsible for |
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11|accreditation of charter schools and virtual charter schools and |
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12|ensure compliance with special education laws and federal laws and |
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13|programs administered by the State Board of Education. |
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14| C. 1. For purposes of the Oklahoma Charter Schools Act, |
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15|"charter school" means: |
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16| a. prior to July 1, 2023, a public school established by |
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17| contract with a school district board of education, a |
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18| technology center school district, a higher education |
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19| institution, a federally recognized Indian tribe, or |
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20| the State Board of Education, and |
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21| b. on July 1, 2023, and after, a public school |
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22| established by contract with a school district board |
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23| of education, a higher education institution, a |
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24| |
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1| federally recognized Indian tribe, or the Statewide |
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2| Charter School Board, |
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3|to provide learning that will improve student achievement and as |
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4|defined in the Elementary and Secondary Education Act of 1965, 20 |
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5|U.S.C. 8065. |
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6| 2. A charter school may consist of a new school site, new |
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7|school sites, or all or any portion of an existing school site. An |
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8|entire school district may not become a charter school site. |
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9| D. 1. For the purposes of the Oklahoma Charter Schools Act, |
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10|"conversion school" means a school created by converting all or any |
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11|part of a traditional public school in order to access any or all |
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12|flexibilities afforded to a charter school; provided, however, all |
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13|or any part of a traditional public school may not be converted to a |
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14|virtual charter school. |
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15| 2. Prior to the board of education of a school district |
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16|converting all or any part of a traditional public school to a |
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17|conversion school, the board shall prepare a conversion plan. The |
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18|conversion plan shall include documentation that demonstrates and |
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19|complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, |
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20|19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134 |
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21|of Title 70 of the Oklahoma Statutes. The conversion plan and all |
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22|documents shall be in writing and shall be available to the public |
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23|pursuant to the requirements of the Oklahoma Open Records Act. All |
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24|votes by the board of education of a school district to approve a |
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1|conversion plan shall be held in an open public session. If the |
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2|board of education of a school district votes to approve a |
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3|conversion plan, the board shall notify the State Board of Education |
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4|within sixty (60) days after the vote. The notification shall |
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5|include a copy of the minutes for the board meeting at which the |
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6|conversion plan was approved. |
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7| 3. A conversion school shall comply with all the same |
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8|accountability measures as are required of a charter school as |
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9|defined in subsection C of this section. The provisions of Sections |
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10|3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply |
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11|to a conversion school. Conversion schools shall comply with the |
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12|same laws and State Board of Education rules relating to student |
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13|enrollment which apply to traditional public schools. Conversion |
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14|schools shall be funded by the board of education of the school |
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15|district as a school site within the school district and funding |
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16|shall not be affected by the conversion of the school. |
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17| 4. The board of education of a school district may vote to |
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18|revert a conversion school back to a traditional public school at |
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19|any time; provided, the change shall only occur during a break |
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20|between school years. |
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21| 5. Unless otherwise provided for in this subsection, a |
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22|conversion school shall retain the characteristics of a traditional |
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23|public school. |
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24| |
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1| E. 1. Beginning July 1, 2023, the Statewide Charter School |
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2|Board shall make publicly available a list of supplemental online |
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3|courses which have been reviewed and certified by the Board to |
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4|ensure that the courses are high-quality options and are aligned |
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5|with the subject matter standards adopted by the State Board of |
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6|Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma |
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7|Statutes. The Statewide Charter School Board shall give special |
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8|emphasis on listing supplemental online courses in science, |
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9|technology, engineering, and math (STEM), foreign language, and |
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10|advanced placement courses. School districts shall not be limited |
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11|to selecting supplemental online courses that have been reviewed and |
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12|certified by the Statewide Charter School Board and listed as |
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13|provided for in this paragraph. |
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14| 2. In conjunction with the Office of Management and Enterprise |
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15|Services, the Board shall negotiate and enter into contracts with |
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16|supplemental online course providers to offer a state rate price to |
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17|school districts for supplemental online courses that have been |
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18|reviewed and certified by the Statewide Charter School Board and |
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19|listed as provided for in this subsection. |
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20| SECTION 3. NEW LAW A new section of law to be codified |
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21|in the Oklahoma Statutes as Section 3-132.3 of Title 70, unless |
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22|there is created a duplication in numbering, reads as follows: |
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23| There is hereby created in the State Treasury a revolving fund |
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24|for the Statewide Charter School Board to be designated the |
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1|"Statewide Charter School Board Revolving Fund". The fund shall be |
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2|a continuing fund, not subject to fiscal year limitations, and shall |
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3|consist of all monies received by the Statewide Charter School Board |
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4|from state appropriations. All monies accruing to the credit of the |
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5|fund are hereby appropriated and may be budgeted and expended by the |
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6|Statewide Charter School Board for the purposes set forth in Section |
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7|2 of this act. Expenditures from the fund shall be made upon |
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8|warrants issued by the State Treasurer against claims filed as |
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9|prescribed by law with the Director of the Office of Management and |
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10|Enterprise Services for approval and payment. |
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11| SECTION 4. AMENDATORY 70 O.S. 2021, Section 3-104, is |
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12|amended to read as follows: |
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13| Section 3-104. A. The supervision of the public school system |
| |
14|of Oklahoma shall be vested in the State Board of Education and, |
| |
15|subject to limitations otherwise provided by law, the State Board of |
| |
16|Education shall: |
| |
17| 1. Adopt policies and make rules for the operation of the |
| |
18|public school system of the state; |
| |
19| 2. Appoint, prescribe the duties, and fix the compensation of a |
| |
20|secretary, an attorney, and all other personnel necessary for the |
| |
21|proper performance of the functions of the State Board of Education. |
| |
22| The secretary shall not be a member of the Board; |
| |
23| 3. Submit to the Governor a departmental budget based upon |
| |
24|major functions of the Department as prepared by the State |
| |
Page 16
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1|Superintendent of Public Instruction and supported by detailed data |
| |
2|on needs and proposed operations as partially determined by the |
| |
3|budgetary needs of local school districts filed with the State Board |
| |
4|of Education for the ensuing fiscal year. Appropriations therefor |
| |
5|shall be made in lump-sum form for each major item in the budget as |
| |
6|follows: |
| |
7| a. State Aid to schools, |
| |
8| b. the supervision of all other functions of general and |
| |
9| special education including general control, free |
| |
10| textbooks, school lunch, Indian education, and all |
| |
11| other functions of the Board and an amount sufficient |
| |
12| to adequately staff and administer these services, and |
| |
13| c. the Board shall determine the details by which the |
| |
14| budget and the appropriations are administered. |
| |
15| Annually, the Board shall make preparations to |
| |
16| consolidate all of the functions of the Department in |
| |
17| such a way that the budget can be based on two items, |
| |
18| administration and aid to schools. A maximum amount |
| |
19| for administration shall be designated as a part of |
| |
20| the total appropriation; |
| |
21| 4. On the first day of December preceding each regular session |
| |
22|of the Legislature, prepare and deliver to the Governor and the |
| |
23|Legislature a report for the year ending June 30 immediately |
| |
24| |
| |
Page 17
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1|preceding the regular session of the Legislature. The report shall |
| |
2|contain: |
| |
3| a. detailed statistics and other information concerning |
| |
4| enrollment, attendance, expenditures including State |
| |
5| Aid, and other pertinent data for all public schools |
| |
6| in this state, |
| |
7| b. reports from each and every division within the State |
| |
8| Department of Education as submitted by the State |
| |
9| Superintendent of Public Instruction and any other |
| |
10| division, department, institution, or other agency |
| |
11| under the supervision of the Board, |
| |
12| c. recommendations for the improvement of the public |
| |
13| school system of the state, |
| |
14| d. a statement of the receipts and expenditures of the |
| |
15| State Board of Education for the past year, and |
| |
16| e. a statement of plans and recommendations for the |
| |
17| management and improvement of public schools and such |
| |
18| other information relating to the educational |
| |
19| interests of the state as may be deemed necessary and |
| |
20| desirable; |
| |
21| 5. Provide for the formulation and adoption of curricula, |
| |
22|courses of study, and other instructional aids necessary for the |
| |
23|adequate instruction of pupils in the public schools; |
| |
24| |
| |
Page 18
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1| 6. Have authority in matters pertaining to the licensure and |
| |
2|certification of persons for instructional, supervisory, and |
| |
3|administrative positions and services in the public schools of the |
| |
4|state subject to the provisions of Section 6-184 of this title, and |
| |
5|shall formulate rules governing the issuance and revocation of |
| |
6|certificates for superintendents of schools, principals, |
| |
7|supervisors, librarians, clerical employees, school nurses, school |
| |
8|bus drivers, visiting teachers, classroom teachers, and for other |
| |
9|personnel performing instructional, administrative, and supervisory |
| |
10|services, but not including members of boards of education and other |
| |
11|employees who do not work directly with pupils, and may charge and |
| |
12|collect reasonable fees for the issuance of such certificates: |
| |
13| a. the State Department of Education shall not issue a |
| |
14| certificate to and shall revoke the certificate of any |
| |
15| person who has been convicted, whether upon a verdict |
| |
16| or plea of guilty or upon a plea of nolo contendere, |
| |
17| or received a suspended sentence or any probationary |
| |
18| term for a crime or an attempt to commit a crime |
| |
19| provided for in Section 843.5 of Title 21 of the |
| |
20| Oklahoma Statutes if the offense involved sexual abuse |
| |
21| or sexual exploitation as those terms are defined in |
| |
22| Section 1-1-105 of Title 10A of the Oklahoma Statutes, |
| |
23| Section 741, 843.1, if the offense included sexual |
| |
24| abuse or sexual exploitation, 865 et seq., 885, 888, |
| |
Page 19
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1| 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, |
| |
2| 1111.1, 1114 or 1123 of Title 21 of the Oklahoma |
| |
3| Statutes or who enters this state and who has been |
| |
4| convicted, received a suspended sentence, or received |
| |
5| a deferred judgment for a crime or attempted crime |
| |
6| which, if committed or attempted in this state, would |
| |
7| be a crime or an attempt to commit a crime provided |
| |
8| for in any of said the laws, |
| |
9| b. all funds collected by the State Department of |
| |
10| Education for the issuance of certificates to |
| |
11| instructional, supervisory, and administrative |
| |
12| personnel in the public schools of the state shall be |
| |
13| deposited in the "Teachers' Certificate Fund" in the |
| |
14| State Treasury and may be expended by the State Board |
| |
15| of Education to finance the activities of the State |
| |
16| Department of Education necessary to administer the |
| |
17| program, for consultative services, publication costs, |
| |
18| actual and necessary travel expenses as provided in |
| |
19| the State Travel Reimbursement Act incurred by persons |
| |
20| performing research work, and other expenses found |
| |
21| necessary by the State Board of Education for the |
| |
22| improvement of the preparation and certification of |
| |
23| teachers in Oklahoma. Provided, any unobligated |
| |
24| balance in the Teachers' Certificate Fund in excess of |
| |
Page 20
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1| Ten Thousand Dollars ($10,000.00) on June 30 of any |
| |
2| fiscal year shall be transferred to the General |
| |
3| Revenue Fund of the State of Oklahoma this state. |
| |
4| Until July 1, 1997, the State Board of Education shall |
| |
5| have authority for approval of teacher education |
| |
6| programs. The State Board of Education shall also |
| |
7| have authority for the administration of teacher |
| |
8| residency and professional development, subject to the |
| |
9| provisions of the Oklahoma Teacher Preparation Act; |
| |
10| 7. Promulgate rules governing the classification, inspection, |
| |
11|supervision, and accrediting of all public nursery, kindergarten, |
| |
12|elementary and secondary schools, and on-site educational services |
| |
13|provided by public school districts or state-accredited private |
| |
14|schools in partial hospitalization programs, day treatment programs, |
| |
15|and day hospital programs as defined in this act for persons between |
| |
16|the ages of three (3) and twenty-one (21) years of age in the state. |
| |
17| However, no school shall be denied accreditation solely on the |
| |
18|basis of average daily attendance. |
| |
19| Any school district which maintains an elementary school and |
| |
20|faces the necessity of relocating its school facilities because of |
| |
21|construction of a lake, either by state or federal authority, which |
| |
22|will inundate the school facilities, shall be entitled to receive |
| |
23|probationary accreditation from the State Board of Education for a |
| |
24|period of five (5) years after the effective date of this act June |
| |
Page 21
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1|12, 1975, and any school district, otherwise qualified, shall be |
| |
2|entitled to receive probationary accreditation from the State Board |
| |
3|of Education for a period of two (2) consecutive years to attain the |
| |
4|minimum average daily attendance. The Head Start and public |
| |
5|nurseries or kindergartens operated from Community Action Program |
| |
6|funds shall not be subjected to the accrediting rules of the State |
| |
7|Board of Education. Neither will the State Board of Education make |
| |
8|rules affecting the operation of the public nurseries and |
| |
9|kindergartens operated from federal funds secured through Community |
| |
10|Action Programs even though they may be operating in the public |
| |
11|schools of the state. However, any of the Head Start or public |
| |
12|nurseries or kindergartens operated under federal regulations may |
| |
13|make application for accrediting from the State Board of Education |
| |
14|but will be accredited only if application for the approval of the |
| |
15|programs is made. The status of no school district shall be changed |
| |
16|which will reduce it to a lower classification until due notice has |
| |
17|been given to the proper authorities thereof and an opportunity |
| |
18|given to correct the conditions which otherwise would be the cause |
| |
19|of such reduction. |
| |
20| Private and parochial schools may be accredited and classified |
| |
21|in like manner as public schools or, if an accrediting association |
| |
22|is approved by the State Board of Education, by procedures |
| |
23|established by the State Board of Education to accept accreditation |
| |
24| |
| |
Page 22
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1|by such accrediting association, if application is made to the State |
| |
2|Board of Education for such accrediting; |
| |
3| 8. Be the legal agent of the State of Oklahoma this state to |
| |
4|accept, in its discretion, the provisions of any Act of Congress |
| |
5|appropriating or apportioning funds which are now, or may hereafter |
| |
6|be, provided for use in connection with any phase of the system of |
| |
7|public education in Oklahoma. It shall prescribe such rules as it |
| |
8|finds necessary to provide for the proper distribution of such funds |
| |
9|in accordance with the state and federal laws; |
| |
10| 9. Be and is specifically hereby designated as the agency of |
| |
11|this state to cooperate and deal with any officer, board, or |
| |
12|authority of the United States Government under any law of the |
| |
13|United States which may require or recommend cooperation with any |
| |
14|state board having charge of the administration of public schools |
| |
15|unless otherwise provided by law; |
| |
16| 10. Be and is hereby designated as the "State Educational |
| |
17|Agency" referred to in Public Law 396 of the 79th Congress of the |
| |
18|United States, which law states that said the act may be cited as |
| |
19|the "National School Lunch Act", and said the State Board of |
| |
20|Education is hereby authorized and directed to accept the terms and |
| |
21|provisions of said the act and to enter into such agreements, not in |
| |
22|conflict with the Constitution of Oklahoma or the Constitution and |
| |
23|Statutes of the United States, as may be necessary or appropriate to |
| |
24| |
| |
Page 23
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1|secure for the State of Oklahoma this state the benefits of the |
| |
2|school lunch program established and referred to in said the act; |
| |
3| 11. Have authority to secure and administer the benefits of the |
| |
4|National School Lunch Act, Public Law 396 of the 79th Congress of |
| |
5|the United States, in the State of Oklahoma this state and is hereby |
| |
6|authorized to employ or appoint and fix the compensation of such |
| |
7|additional officers or employees and to incur such expenses as may |
| |
8|be necessary for the accomplishment of the above purpose, administer |
| |
9|the distribution of any state funds appropriated by the Legislature |
| |
10|required as federal matching to reimburse on children's meals; |
| |
11| 12. Accept and provide for the administration of any land, |
| |
12|money, buildings, gifts, donation, or other things of value which |
| |
13|may be offered or bequeathed to the schools under the supervision or |
| |
14|control of said the Board; |
| |
15| 13. Have authority to require persons having administrative |
| |
16|control of all school districts in Oklahoma to make such regular and |
| |
17|special reports regarding the activities of the schools in said the |
| |
18|districts as the Board may deem needful for the proper exercise of |
| |
19|its duties and functions. Such authority shall include the right of |
| |
20|the State Board of Education to withhold all state funds under its |
| |
21|control, to withhold official recognition, including accrediting, |
| |
22|until such required reports have been filed and accepted in the |
| |
23|office of said the Board and to revoke the certificates of persons |
| |
24|failing or refusing to make such reports; |
| |
Page 24
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1| 14. Have general supervision of the school lunch program. The |
| |
2|State Board of Education may sponsor workshops for personnel and |
| |
3|participants in the school lunch program and may develop, print, and |
| |
4|distribute free of charge or sell any materials, books, and |
| |
5|bulletins to be used in such the school lunch programs. There is |
| |
6|hereby created in the State Treasury a revolving fund for the Board, |
| |
7|to be designated the School Lunch Workshop Revolving Fund. The fund |
| |
8|shall consist of all fees derived from or on behalf of any |
| |
9|participant in any such workshop sponsored by the State Board of |
| |
10|Education, or from the sale of any materials, books, and bulletins, |
| |
11|and such funds shall be disbursed for expenses of such workshops and |
| |
12|for developing, printing, and distributing of such the materials, |
| |
13|books, and bulletins relating to the school lunch program. The fund |
| |
14|shall be administered in accordance with Section 155 of Title 62 of |
| |
15|the Oklahoma Statutes; |
| |
16| 15. Prescribe all forms for school district and county officers |
| |
17|to report to the State Board of Education where required. The State |
| |
18|Board of Education shall also prescribe a list of appropriation |
| |
19|accounts by which the funds of school districts shall be budgeted, |
| |
20|accounted for, and expended; and it shall be the duty of the State |
| |
21|Auditor and Inspector in prescribing all budgeting, accounting, and |
| |
22|reporting forms for school funds to conform to such lists; |
| |
23| 16. Provide for the establishment of a uniform system of pupil |
| |
24|and personnel accounting, records, and reports; |
| |
Page 25
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1| 17. Have authority to provide for the health and safety of |
| |
2|school children and school personnel while under the jurisdiction of |
| |
3|school authorities; |
| |
4| 18. Provide for the supervision of the transportation of |
| |
5|pupils; |
| |
6| 19. Have authority, upon request of the local school board, to |
| |
7|act in behalf of the public schools of the state in the purchase of |
| |
8|transportation equipment; |
| |
9| 20. Have authority and is hereby required to perform all duties |
| |
10|necessary to the administration of the public school system in |
| |
11|Oklahoma as specified in the Oklahoma School Code; and, in addition |
| |
12|thereto, those duties not specifically mentioned herein if not |
| |
13|delegated by law to any other agency or official; |
| |
14| 21. Administer the State Public Common School Building |
| |
15|Equalization Fund established by Section 32 of Article X of the |
| |
16|Oklahoma Constitution. Any monies as may be appropriated or |
| |
17|designated by the Legislature, other than ad valorem taxes, any |
| |
18|other funds identified by the State Department of Education, which |
| |
19|may include, but not be limited to, grants-in-aid from the federal |
| |
20|government for building purposes, the proceeds of all property that |
| |
21|shall fall to the state by escheat, penalties for unlawful holding |
| |
22|of real estate by corporations, and capital gains on assets of the |
| |
23|permanent school funds, shall be deposited in the State Public |
| |
24|Common School Building Equalization Fund. The fund shall be used to |
| |
Page 26
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1|aid school districts and charter schools in acquiring buildings, |
| |
2|subject to the limitations fixed by Section 32 of Article X of the |
| |
3|Oklahoma Constitution. It is hereby declared that the term |
| |
4|"acquiring buildings" as used in Section 32 of Article X of the |
| |
5|Oklahoma Constitution shall mean acquiring or improving school |
| |
6|sites, constructing, repairing, remodeling, or equipping buildings, |
| |
7|or acquiring school furniture, fixtures, or equipment. It is hereby |
| |
8|declared that the term "school districts" as used in Section 32 of |
| |
9|Article X of the Oklahoma Constitution shall mean school districts |
| |
10|and eligible charter schools as defined in subsection B of this |
| |
11|section. The State Board of Education shall disburse redbud school |
| |
12|grants annually from the State Public Common School Building |
| |
13|Equalization Fund to public schools and eligible charter schools |
| |
14|pursuant to subsection B of this section. The Board shall |
| |
15|promulgate rules for the implementation of disbursing redbud school |
| |
16|grants pursuant to this section. The State Board of Education shall |
| |
17|prescribe rules for making grants of aid from, and for otherwise |
| |
18|administering, the fund pursuant to the provisions of this |
| |
19|paragraph, and may employ and fix the duties and compensation of |
| |
20|technicians, aides, clerks, stenographers, attorneys, and other |
| |
21|personnel deemed necessary to carry out the provisions of this |
| |
22|paragraph. The cost of administering the fund shall be paid from |
| |
23|monies appropriated to the State Board of Education for the |
| |
24|operation of the State Department of Education. From monies |
| |
Page 27
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1|apportioned to the fund, the State Department of Education may |
| |
2|reserve not more than one-half of one percent (1/2 of 1%) for |
| |
3|purposes of administering the fund; |
| |
4| 22. Recognize that the Director of the Oklahoma Department of |
| |
5|Corrections shall be the administrative authority for the schools |
| |
6|which are maintained in the state reformatories and shall appoint |
| |
7|the principals and teachers in such schools. Provided, that rules |
| |
8|of the State Board of Education for the classification, inspection, |
| |
9|and accreditation of public schools shall be applicable to such |
| |
10|schools; and such schools shall comply with standards set by the |
| |
11|State Board of Education; and |
| |
12| 23. Have authority to administer a revolving fund which is |
| |
13|hereby created in the State Treasury, to be designated the |
| |
14|Statistical Services Revolving Fund. The fund shall consist of all |
| |
15|monies received from the various school districts of the state, the |
| |
16|United States Government, and other sources for the purpose of |
| |
17|furnishing or financing statistical services and for any other |
| |
18|purpose as designated by the Legislature. The State Board of |
| |
19|Education is hereby authorized to enter into agreements with school |
| |
20|districts, municipalities, the United States Government, |
| |
21|foundations, and other agencies or individuals for services, |
| |
22|programs, or research projects. The Statistical Services Revolving |
| |
23|Fund shall be administered in accordance with Section 155 of Title |
| |
24|62 of the Oklahoma Statutes. |
| |
Page 28
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1| B. 1. The redbud school grants shall be determined by the |
| |
2|State Department of Education as follows: |
| |
3| a. divide the county four-mill levy revenue by four to |
| |
4| determine the nonchargeable county four-mill revenue |
| |
5| for each school district, |
| |
6| b. determine the amount of new revenue generated by the |
| |
7| five-mill building fund levy as authorized by Section |
| |
8| 10 of Article X of the Oklahoma Constitution for each |
| |
9| school district as reported in the Oklahoma Cost |
| |
10| Accounting System for the preceding fiscal year, |
| |
11| c. add the amounts calculated in subparagraphs a and b |
| |
12| of this paragraph to determine the nonchargeable |
| |
13| millage for each school district, |
| |
14| d. add the nonchargeable millage in each district |
| |
15| statewide as calculated in subparagraph c of this |
| |
16| paragraph and divide the total by the average daily |
| |
17| membership in public schools statewide based on the |
| |
18| preceding school year's average daily membership, |
| |
19| according to the provisions of Section 18-107 of this |
| |
20| title. This amount is the statewide nonchargeable |
| |
21| millage per student, known as the baseline local |
| |
22| funding per student, |
| |
23| e. all eligible charter schools shall be included in |
| |
24| these calculations as unique school districts, |
| |
Page 29
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1| separate from the school district that may sponsor the |
| |
2| eligible charter school, and the total number of |
| |
3| districts shall be used to determine the statewide |
| |
4| average baseline local funding per student, |
| |
5| f. for each school district or eligible charter school |
| |
6| which is below the baseline local funding per student, |
| |
7| the Department shall subtract the baseline local |
| |
8| funding per student from the average nonchargeable |
| |
9| millage per student of the school district or eligible |
| |
10| charter school to determine the nonchargeable millage |
| |
11| per student shortfall for each district, and |
| |
12| g. the nonchargeable millage per student shortfall for a |
| |
13| school district or eligible charter school shall be |
| |
14| multiplied by the average daily membership of the |
| |
15| preceding school year of the eligible school district |
| |
16| or eligible charter school. This amount shall be the |
| |
17| redbud school grant amount for the school district or |
| |
18| eligible charter school. |
| |
19| 2. For fiscal year 2022, monies for the redbud school grants |
| |
20|shall be expended from the funds apportioned pursuant to Section 2 |
| |
21|Section 426 of this act Title 63 of the Oklahoma Statutes. For |
| |
22|fiscal year 2023 and each subsequent fiscal year, monies for the |
| |
23|redbud school grants shall be appropriated pursuant to Section 2 |
| |
24|Section 426 of this act Title 63 of the Oklahoma Statutes, not to |
| |
Page 30
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1|exceed three-fourths (3/4) of the tax collected in the preceding |
| |
2|fiscal year pursuant to Section 426 of Title 63 of the Oklahoma |
| |
3|Statutes as determined by the Oklahoma Tax Commission. For fiscal |
| |
4|year 2023 and each subsequent fiscal year, if such appropriated |
| |
5|funds are insufficient to fund the redbud school grants, then an |
| |
6|additional apportionment of funds shall be made from sales tax |
| |
7|collections as provided by subsection D of Section 3 Section 1353 of |
| |
8|this act Title 68 of the Oklahoma Statutes. If both funds are |
| |
9|insufficient, the Department shall promulgate rules to permit a |
| |
10|decrease to the baseline local funding per student to the highest |
| |
11|amount allowed with the funding available. |
| |
12| 3. As used in this section, "eligible charter school" shall |
| |
13|mean a charter school which is sponsored pursuant to the provisions |
| |
14|of the Oklahoma Charter School Schools Act. Provided, however, |
| |
15|"eligible charter school" shall not include a statewide virtual |
| |
16|charter school sponsored by the Statewide Virtual Charter School |
| |
17|Board Statewide Charter School Board but shall only include those |
| |
18|which provide in-person or blended instruction, as provided by |
| |
19|Section 1-111 of this title, to not less than two-thirds (2/3) of |
| |
20|students as the primary means of instructional service delivery. |
| |
21| 4. The Department shall develop a program to acknowledge the |
| |
22|redbud school grant recipients and shall include elected members of |
| |
23|the Oklahoma House of Representatives and Oklahoma State Senate who |
| |
24|represent the school districts and eligible charter schools. |
| |
Page 31
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1| 5. The Department shall create a dedicated page on its website |
| |
2|listing annual redbud school grant recipients, amount awarded to |
| |
3|each recipient, and other pertinent information about the Redbud |
| |
4|School Funding Act. |
| |
5| 6. The Department shall provide the Chair of the House |
| |
6|Appropriations and Budget Committee and the Chair of the Senate |
| |
7|Appropriations Committee no later than February 1 of each year with |
| |
8|an estimate of the upcoming year's redbud school grant allocation as |
| |
9|prescribed by this section. |
| |
10| SECTION 5. AMENDATORY 70 O.S. 2021, Section 3-132, is |
| |
11|amended to read as follows: |
| |
12| Section 3-132. A. The Oklahoma Charter Schools Act shall apply |
| |
13|only to charter schools formed and operated under the provisions of |
| |
14|the act. Charter schools shall be sponsored only as follows: |
| |
15| 1. By any school district located in the State of Oklahoma this |
| |
16|state, provided such charter school shall only be located within the |
| |
17|geographical boundaries of the sponsoring district and subject to |
| |
18|the restrictions of Section 3-145.6 of this title; |
| |
19| 2. By a technology center school district if the charter school |
| |
20|is located in a school district served by the technology center |
| |
21|school district in which all or part of the school district is |
| |
22|located in a county having more than five hundred thousand (500,000) |
| |
23|population according to the latest Federal Decennial Census; |
| |
24| |
| |
Page 32
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1| 3. By a technology center school district if the charter school |
| |
2|is located in a school district served by the technology center |
| |
3|school district and the school district has a school site that has |
| |
4|been identified as in need of improvement by the State Board of |
| |
5|Education pursuant to the Elementary and Secondary Education Act of |
| |
6|1965, as amended or reauthorized; |
| |
7| 4. By an accredited comprehensive or regional institution that |
| |
8|is a member of The Oklahoma State System of Higher Education or a |
| |
9|community college if the charter school is located in a school |
| |
10|district in which all or part of the school district is located in a |
| |
11|county having more than five hundred thousand (500,000) population |
| |
12|according to the latest Federal Decennial Census; |
| |
13| 5. 3. By a comprehensive or regional institution that is a |
| |
14|member of The Oklahoma State System of Higher Education if the |
| |
15|charter school is located in a school district that has a school |
| |
16|site that has been identified as in need of improvement by the State |
| |
17|Board of Education pursuant to the Elementary and Secondary |
| |
18|Education Act of 1965, as amended or reauthorized. In addition, the |
| |
19|institution shall have a teacher education program accredited by the |
| |
20|Oklahoma Commission for Teacher Preparation Commission for |
| |
21|Educational Quality and Accountability and have a branch campus or |
| |
22|constituent agency physically located within the school district in |
| |
23|which the charter school is located in the State of Oklahoma; |
| |
24| |
| |
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1| 6. 4. By a federally recognized Indian tribe, operating a high |
| |
2|school under the authority of the Bureau of Indian Affairs as of |
| |
3|November 1, 2010, if the charter school is for the purpose of |
| |
4|demonstrating native language immersion instruction, and is located |
| |
5|within its former reservation or treaty area boundaries. For |
| |
6|purposes of this paragraph, native language immersion instruction |
| |
7|shall require that educational instruction and other activities |
| |
8|conducted at the school site are primarily conducted in the native |
| |
9|language; |
| |
10| 7. By 5. Until June 30, 2023, the State Board of Education and |
| |
11|beginning July 1, 2023, the Statewide Charter School Board when the |
| |
12|applicant of the charter school is the Office of Juvenile Affairs or |
| |
13|the applicant has a contract with the Office of Juvenile Affairs to |
| |
14|provide a fixed rate level E, D, or D+ group home service and the |
| |
15|charter school is for the purpose of providing education services to |
| |
16|youth in the custody or supervision of the state. Not more than two |
| |
17|charter schools shall be sponsored by the Board as provided for in |
| |
18|this paragraph during the period of time beginning July 1, 2010, |
| |
19|through July 1, 2016; |
| |
20| 8. 6. By a federally recognized Indian tribe only when the |
| |
21|charter school is located within the former reservation or treaty |
| |
22|area boundaries of the tribe on property held in trust by the Bureau |
| |
23|of Indian Affairs of the United States Department of the Interior |
| |
24|for the benefit of the tribe; or |
| |
Page 34
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1| 9. 7. By the State Board of Education when the applicant has |
| |
2|first been denied a charter by the local school district in which it |
| |
3|seeks to operate Statewide Charter School Board. In counties with |
| |
4|fewer than five hundred thousand (500,000) population, according to |
| |
5|the latest Federal Decennial Census, the State Board of Education |
| |
6|Statewide Charter School Board shall not sponsor more than five new |
| |
7|charter schools per year each year for the first five (5) years |
| |
8|after the effective date of this act, with and shall not sponsor |
| |
9|more than one charter school sponsored in a single school district |
| |
10|per year. In order to authorize a charter school under this |
| |
11|section, the State Board of Education shall find evidence of all of |
| |
12|the following: |
| |
13| a. a thorough and high-quality charter school |
| |
14| application from the applicant based on the |
| |
15| authorizing standards in subsection B of Section 3-134 |
| |
16| of this title, |
| |
17| b. a clear demonstration of community support for the |
| |
18| charter school, and |
| |
19| c. the grounds and basis of objection by the school |
| |
20| district for denying the operation of the charter are |
| |
21| not supported by the greater weight of evidence and |
| |
22| the strength of the application Existing charter |
| |
23| schools which are sponsored by the Statewide Charter |
| |
24| |
| |
Page 35
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1| School Board shall not apply to the limits prescribed |
| |
2| in this paragraph. |
| |
3| B. An eligible non-school-district sponsor shall give priority |
| |
4|to opening charter schools that serve at-risk student populations or |
| |
5|students from low-performing traditional public schools. |
| |
6| C. An eligible non-school-district sponsor shall give priority |
| |
7|to applicants that have demonstrated a record of operating at least |
| |
8|one school or similar program that demonstrates academic success and |
| |
9|organizational viability and serves student populations similar to |
| |
10|those the proposed charter school seeks to serve. In assessing the |
| |
11|potential for quality replication of a charter school, a sponsor |
| |
12|shall consider the following factors before approving a new site or |
| |
13|school: |
| |
14| 1. Evidence of a strong and reliable record of academic success |
| |
15|based primarily on student performance data, as well as other viable |
| |
16|indicators, including financial and operational success; |
| |
17| 2. A sound, detailed, and well-supported growth plan; |
| |
18| 3. Evidence of the ability to transfer successful practices to |
| |
19|a potentially different context that includes reproducing critical |
| |
20|cultural, organizational, and instructional characteristics; |
| |
21| 4. Any management organization involved in a potential |
| |
22|replication is fully vetted, and the academic, financial, and |
| |
23|operational records of the schools it operates are found to be |
| |
24|satisfactory; |
| |
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1| 5. Evidence the program seeking to be replicated has the |
| |
2|capacity to do so successfully without diminishing or putting at |
| |
3|risk its current operations; and |
| |
4| 6. A financial structure that ensures that funds attributable |
| |
5|to each charter school within a network and required by law to be |
| |
6|utilized by a school remain with and are used to benefit that |
| |
7|school. |
| |
8| D. For purposes of the Oklahoma Charter Schools Act, "charter |
| |
9|school" means a public school established by contract with a board |
| |
10|of education of a school district, an area vocational-technical |
| |
11|school district, a higher education institution, a federally |
| |
12|recognized Indian tribe, or the State Board of Education pursuant to |
| |
13|the Oklahoma Charter Schools Act to provide learning that will |
| |
14|improve student achievement and as defined in the Elementary and |
| |
15|Secondary Education Act of 1965, 20 U.S.C. 8065. |
| |
16| E. 1. For the purposes of the Oklahoma Charter Schools Act, |
| |
17|"conversion school" means a school created by converting all or any |
| |
18|part of a traditional public school in order to access any or all |
| |
19|flexibilities afforded to a charter school. |
| |
20| 2. Prior to the board of education of a school district |
| |
21|converting all or any part of a traditional public school to a |
| |
22|conversion school, the board shall prepare a conversion plan. The |
| |
23|conversion plan shall include documentation that demonstrates and |
| |
24|complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, |
| |
Page 37
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1|19, 20, 21, 22, 23, 24, 34 and 35 of subsection B of Section 3-134 |
| |
2|of this title. The conversion plan and all documents shall be in |
| |
3|writing and shall be available to the public pursuant to the |
| |
4|requirements of the Oklahoma Open Records Act. All votes by the |
| |
5|board of education of a school district to approve a conversion plan |
| |
6|shall be held in an open public session. If the board of education |
| |
7|of a school district votes to approve a conversion plan, the board |
| |
8|shall notify the State Board of Education within sixty (60) days |
| |
9|after the vote. The notification shall include a copy of the |
| |
10|minutes for the board meeting at which the conversion plan was |
| |
11|approved. |
| |
12| 3. A conversion school shall comply with all the same |
| |
13|accountability measures as are required of a charter school as |
| |
14|defined in subsection D of this section. The provisions of Sections |
| |
15|3-140 and 3-142 of this title shall not apply to a conversion |
| |
16|school. Conversion schools shall comply with the same laws and |
| |
17|State Board of Education rules relating to student enrollment which |
| |
18|apply to traditional public schools. Conversion schools shall be |
| |
19|funded by the board of education of the school district as a school |
| |
20|site within the school district and funding shall not be affected by |
| |
21|the conversion of the school. |
| |
22| 4. The board of education of a school district may vote to |
| |
23|revert a conversion school back to a traditional public school at |
| |
24| |
| |
Page 38
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1|any time; provided, the change shall only occur during a break |
| |
2|between school years. |
| |
3| 5. Unless otherwise provided for in this subsection, a |
| |
4|conversion school shall retain the characteristics of a traditional |
| |
5|public school. |
| |
6| F. A charter school may consist of a new school site, new |
| |
7|school sites or all or any portion of an existing school site. An |
| |
8|entire school district may not become a charter school site. |
| |
9| SECTION 6. AMENDATORY 70 O.S. 2021, Section 3-134, is |
| |
10|amended to read as follows: |
| |
11| Section 3-134. A. For written applications filed after January |
| |
12|1, 2008 July 1, 2023, prior to submission of the application to a |
| |
13|proposed sponsor seeking to establish a charter school or to the |
| |
14|Statewide Charter School Board to establish a virtual charter |
| |
15|school, the applicant shall be required to complete training which |
| |
16|shall not exceed ten (10) hours provided by the State Department of |
| |
17|Education Statewide Charter School Board on the process and |
| |
18|requirements for establishing a charter school or virtual charter |
| |
19|school. The sponsor of a charter school that enters into a new or |
| |
20|renewed sponsorship contract on or after July 1, 2023, shall be |
| |
21|required to complete training provided by the Statewide Charter |
| |
22|School Board on the oversight duties of the sponsor. The Department |
| |
23|Board shall develop and implement the training by January 1, 2008 |
| |
24|July 1, 2023. The Department Board may provide the training in any |
| |
Page 39
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1|format and manner that the Department it determines to be efficient |
| |
2|and effective including, but not limited to, web-based training. |
| |
3| B. Except as otherwise provided for in Section 3-137 of this |
| |
4|title, an applicant seeking to establish a virtual charter school |
| |
5|shall submit a written application to the Statewide Charter School |
| |
6|Board, and an applicant seeking to establish a charter school shall |
| |
7|submit a written application to the proposed sponsor as prescribed |
| |
8|in subsection E of this section. The application shall include: |
| |
9| 1. A mission statement for the charter school or virtual |
| |
10|charter school; |
| |
11| 2. A description including, but not limited to, background |
| |
12|information of the organizational structure and the governing body |
| |
13|board of the charter school or virtual charter school; |
| |
14| 3. A financial plan for the first five (5) years of operation |
| |
15|of the charter school or virtual charter school and a description of |
| |
16|the treasurer or other officers or persons who shall have primary |
| |
17|responsibility for the finances of the charter school or virtual |
| |
18|charter school. Such person shall have demonstrated experience in |
| |
19|school finance or the equivalent thereof; |
| |
20| 4. A description of the hiring policy of the charter school or |
| |
21|virtual charter school; |
| |
22| 5. The name of the applicant or applicants and requested |
| |
23|sponsor; |
| |
24| |
| |
Page 40
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1| 6. A description of the facility and location of the charter |
| |
2|school; |
| |
3| 7. A description of the grades being served; |
| |
4| 8. An outline of criteria designed to measure the effectiveness |
| |
5|of the charter school or virtual charter school; |
| |
6| 9. A demonstration of support for the charter school from |
| |
7|residents of the school district in which the charter school is to |
| |
8|be located which may include but is not limited to a survey of the |
| |
9|school district residents or a petition signed by residents of the |
| |
10|school district; |
| |
11| 10. Documentation that the applicants completed charter school |
| |
12|training as set forth in subsection A of this section; |
| |
13| 11. A description of the minimum and maximum enrollment planned |
| |
14|per year for each term of the charter contract; |
| |
15| 12. The proposed calendar for the charter school or virtual |
| |
16|charter school and sample daily schedule; |
| |
17| 13. Unless otherwise authorized by law or regulation, a |
| |
18|description of the academic program aligned with state standards; |
| |
19| 14. A description of the instructional design of the charter |
| |
20|school, or virtual charter school including the type of learning |
| |
21|environment, class size and structure, curriculum overview, and |
| |
22|teaching methods; |
| |
23| 15. The plan for using internal and external assessments to |
| |
24|measure and report student progress on the performance framework |
| |
Page 41
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1|developed by the applicant in accordance with subsection C of |
| |
2|Section 3-135 Section 3-136 of this title; |
| |
3| 16. The plans for identifying and successfully serving students |
| |
4|with disabilities, students who are English language learners, and |
| |
5|students who are academically behind; |
| |
6| 17. A description of cocurricular or extracurricular programs |
| |
7|and how they will be funded and delivered; |
| |
8| 18. Plans and time lines for student recruitment and |
| |
9|enrollment, including lottery procedures; |
| |
10| 19. The student discipline policies for the charter school, or |
| |
11|virtual charter school including those for special education |
| |
12|students; |
| |
13| 20. An organizational chart that clearly presents the |
| |
14|organizational structure of the charter school, or virtual charter |
| |
15|school including lines of authority and reporting between the |
| |
16|governing board, staff, any related bodies such as advisory bodies |
| |
17|or parent and teacher councils, and any external organizations that |
| |
18|will play a role in managing the school; |
| |
19| 21. A clear description of the roles and responsibilities for |
| |
20|the governing board, the leadership and management team for the |
| |
21|charter school, or virtual charter school and any other entities |
| |
22|shown in the organizational chart; |
| |
23| 22. The leadership and teacher employment policies for the |
| |
24|charter school or virtual charter school; |
| |
Page 42
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1| 23. Proposed governing bylaws; |
| |
2| 24. Explanations of any partnerships or contractual |
| |
3|partnerships central to the operations or mission of the charter |
| |
4|school or virtual charter school; |
| |
5| 25. The plans for providing transportation, food service, and |
| |
6|all other significant operational or ancillary services; |
| |
7| 26. Opportunities and expectations for parental involvement; |
| |
8| 27. A detailed school start-up plan that identifies tasks, time |
| |
9|lines, and responsible individuals; |
| |
10| 28. A description of the financial plan and policies for the |
| |
11|charter school, or virtual charter school including financial |
| |
12|controls and audit requirements; |
| |
13| 29. A description of the insurance coverage the charter school |
| |
14|or virtual charter school will obtain; |
| |
15| 30. Start-up and five-year budgets with clearly stated |
| |
16|assumptions; |
| |
17| 31. Start-up and first-year cash-flow projections with clearly |
| |
18|stated assumptions; |
| |
19| 32. Evidence of anticipated fundraising contributions, if |
| |
20|claimed in the application; |
| |
21| 33. A sound facilities plan, including backup or contingency |
| |
22|plans if appropriate; |
| |
23| 34. A requirement that the charter school or virtual charter |
| |
24|school governing board meet at a minimum quarterly monthly in the |
| |
Page 43
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1|state and that for those charter schools outside of counties with a |
| |
2|population of five hundred thousand (500,000) or more, that a |
| |
3|majority of members are residents within the geographic boundary of |
| |
4|the sponsoring entity charter school; and |
| |
5| 35. A requirement that the charter school follow the |
| |
6|requirements of the Oklahoma Open Meeting Act and Oklahoma Open |
| |
7|Records Act; and |
| |
8| 36. A copy of proposed contracts between the governing board of |
| |
9|a charter school or virtual charter school and an educational |
| |
10|management organization, as defined by Section 5-200 of this title, |
| |
11|which meet the requirements of the Oklahoma Charter Schools Act. |
| |
12| C. A board of education of a public school district, public |
| |
13|body, public or private college or university, private person, or |
| |
14|private organization may contract with a sponsor to establish a |
| |
15|charter school. A private school shall not be eligible to contract |
| |
16|for a charter school or virtual charter school under the provisions |
| |
17|of the Oklahoma Charter Schools Act. |
| |
18| D. The sponsor of a charter school is the board of education of |
| |
19|a school district, the board of education of a technology center |
| |
20|school district, a higher education institution, the State Board of |
| |
21|Education, or a federally recognized Indian tribe which meets the |
| |
22|criteria established in Section 3-132 of this title, or beginning |
| |
23|July 1, 2023, the Statewide Charter School Board. Any board of |
| |
24|education of a school district in the state may sponsor one or more |
| |
Page 44
___________________________________________________________________________
1|charter schools. The physical location of a charter school |
| |
2|sponsored by a board of education of a school district or a |
| |
3|technology center school district shall be within the boundaries of |
| |
4|the sponsoring school district. The physical location of a charter |
| |
5|school sponsored by the State Board of Education Statewide Charter |
| |
6|School Board when the applicant of the charter school is the Office |
| |
7|of Juvenile Affairs shall be where an Office of Juvenile Affairs |
| |
8|facility for youth is located. The physical location of a charter |
| |
9|school otherwise sponsored by the State Board of Education pursuant |
| |
10|to paragraph 8 of subsection A of Section 3-132 of this title shall |
| |
11|be in the school district in which the application originated. |
| |
12| E. An applicant for a charter school may submit an application |
| |
13|to a proposed sponsor which shall either accept or reject |
| |
14|sponsorship of the charter school within ninety (90) days of receipt |
| |
15|of the application. If the proposed sponsor rejects the |
| |
16|application, it shall notify the applicant in writing of the reasons |
| |
17|for the rejection. The applicant may submit a revised application |
| |
18|for reconsideration to the proposed sponsor within thirty (30) days |
| |
19|after receiving notification of the rejection. The proposed sponsor |
| |
20|shall accept or reject the revised application within thirty (30) |
| |
21|days of its receipt. Should the sponsor reject the application on |
| |
22|reconsideration, the applicant may appeal the decision to the State |
| |
23|Board of Education with the revised application for review pursuant |
| |
24|to paragraph 8 of subsection A of Section 3-132 of this title. The |
| |
Page 45
___________________________________________________________________________
1|State Board of Education shall hear the appeal no later than sixty |
| |
2|(60) days from the date received by the Board. |
| |
3| F. A board of education of a school district, board of |
| |
4|education of a technology center school district, a higher education |
| |
5|institution, or a federally recognized Indian tribe sponsor of a |
| |
6|charter school shall notify the State Board of Education and the |
| |
7|Statewide Charter School Board when it accepts sponsorship of a |
| |
8|charter school. The notification shall include a copy of the |
| |
9|charter of the charter school. |
| |
10| G. Applicants for charter schools proposed to be sponsored by |
| |
11|an entity other than a school district pursuant to paragraph 1 of |
| |
12|subsection A of Section 3-132 of this title may, upon rejection of |
| |
13|the revised application, proceed to binding arbitration under the |
| |
14|commercial rules of the American Arbitration Association with costs |
| |
15|of the arbitration to be borne by the proposed sponsor. Applicants |
| |
16|for charter schools proposed to be sponsored by school districts |
| |
17|pursuant to paragraph 1 of subsection A of Section 3-132 of this |
| |
18|title may not proceed to binding arbitration but may be sponsored by |
| |
19|the State Statewide Charter School Board of Education as provided in |
| |
20|paragraph 8 7 of subsection A of Section 3-132 of this title. |
| |
21| H. If a board of education of a technology center school |
| |
22|district school district, a higher education institution, the State |
| |
23|Board of Education, or a federally recognized Indian tribe accepts |
| |
24|sponsorship of a charter school, the administrative, fiscal, and |
| |
Page 46
___________________________________________________________________________
1|oversight responsibilities of the technology center school district, |
| |
2|the school district, higher education institution, or the federally |
| |
3|recognized Indian tribe shall be listed in the contract. No |
| |
4|administrative, fiscal, or oversight responsibilities of a charter |
| |
5|school shall be delegated to a school district unless the local |
| |
6|school district agrees to enter into a contract to assume the |
| |
7|responsibilities. |
| |
8| I. A sponsor of a public charter school shall have the |
| |
9|following powers and duties over charter schools it sponsors, and |
| |
10|the Statewide Charter School Board shall have the following powers |
| |
11|and duties over the charter schools and statewide virtual charter |
| |
12|schools it sponsors: |
| |
13| 1. Provide oversight of the operations of charter schools in |
| |
14|the state through annual performance reviews of charter schools and |
| |
15|reauthorization of charter schools for which it is a sponsor; |
| |
16| 2. Solicit and evaluate charter applications; |
| |
17| 3. Approve quality charter applications that meet identified |
| |
18|educational needs and promote a diversity of educational choices; |
| |
19| 4. Decline to approve weak or inadequate charter applications; |
| |
20| 5. Negotiate and execute sound charter contracts with each |
| |
21|approved public charter school or virtual charter school; |
| |
22| 6. Monitor, in accordance with charter contract terms, the |
| |
23|performance and legal compliance of charter schools and virtual |
| |
24|charter schools; and |
| |
Page 47
___________________________________________________________________________
1| 7. Determine whether each charter contract merits renewal, |
| |
2|nonrenewal, or revocation. |
| |
3| J. Sponsors shall establish a procedure for accepting, |
| |
4|approving, and disapproving charter school applications in |
| |
5|accordance with subsection E of this section. The Statewide Charter |
| |
6|School Board shall post its application, application process, and |
| |
7|application time frames on the Board's website. |
| |
8| K. Sponsors, including the Statewide Charter School Board, |
| |
9|shall be required to develop and maintain chartering policies and |
| |
10|practices consistent with recognized principles and standards for |
| |
11|quality charter authorizing as established by the State Department |
| |
12|of Education sponsoring in all major areas of authorizing sponsoring |
| |
13|responsibility, including organizational capacity and |
| |
14|infrastructure, soliciting and evaluating charter school and virtual |
| |
15|charter school applications, performance contracting, ongoing |
| |
16|charter school and virtual charter school oversight and evaluation, |
| |
17|and charter contract renewal decision-making. |
| |
18| L. Sponsors acting in their official capacity shall be immune |
| |
19|from civil and criminal liability with respect to all activities |
| |
20|related to a charter school with which they contract. |
| |
21| SECTION 7. AMENDATORY 70 O.S. 2021, Section 3-136, is |
| |
22|amended to read as follows: |
| |
23| Section 3-136. A. A Beginning July 1, 2023, a written contract |
| |
24|entered into between the Statewide Charter School Board and the |
| |
Page 48
___________________________________________________________________________
1|governing board of a charter school or statewide virtual charter |
| |
2|school or a written contract entered into between a sponsor and the |
| |
3|governing board of a charter school shall adopt a charter which will |
| |
4|ensure compliance with the following: |
| |
5| 1. A Except as provided for in the Oklahoma Charter Schools |
| |
6|Act, a charter school and virtual charter school shall be exempt |
| |
7|from all statutes and rules relating to schools, boards of |
| |
8|education, and school districts; provided, however, a charter school |
| |
9|or virtual charter school shall comply with all federal regulations |
| |
10|and state and local rules and statutes relating to health, safety, |
| |
11|civil rights, and insurance. By January 1, 2000, the State |
| |
12|Department of Education shall prepare a list of relevant rules and |
| |
13|statutes which a charter school and virtual charter school must |
| |
14|comply with as required by this paragraph and shall annually provide |
| |
15|an update to the list; |
| |
16| 2. A charter school and virtual charter school shall be |
| |
17|nonsectarian in its programs, admission policies, employment |
| |
18|practices, and all other operations. A sponsor, including the |
| |
19|Statewide Charter School Board, may not authorize sponsor a charter |
| |
20|school, virtual charter school, or program that is affiliated with a |
| |
21|nonpublic sectarian school or religious institution; |
| |
22| 3. The charter contract shall provide a description of the |
| |
23|educational program to be offered. A charter school or virtual |
| |
24|charter school may provide a comprehensive program of instruction |
| |
Page 49
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1|for a prekindergarten program, a kindergarten program, or any grade |
| |
2|between grades one and twelve. Instruction may be provided to all |
| |
3|persons between the ages of four (4) and twenty-one (21) years of |
| |
4|age. A charter school or virtual charter school may offer a |
| |
5|curriculum which emphasizes a specific learning philosophy or style |
| |
6|or certain subject areas such as mathematics, science, fine arts, |
| |
7|performance arts, or foreign language. The charter of a charter |
| |
8|school or virtual charter school which offers grades nine through |
| |
9|twelve shall specifically address whether the charter school or |
| |
10|virtual charter school will comply with the graduation requirements |
| |
11|established in Section 11-103.6 of this title. No charter school or |
| |
12|virtual charter school shall be chartered for the purpose of |
| |
13|offering a curriculum for deaf or blind students that is the same or |
| |
14|similar to the curriculum being provided by or for educating deaf or |
| |
15|blind students that are being served by the Oklahoma School for the |
| |
16|Blind or the Oklahoma School for the Deaf; |
| |
17| 4. A charter school or virtual charter school shall participate |
| |
18|in the testing as required by the Oklahoma School Testing Program |
| |
19|Act and the reporting of test results as is required of a school |
| |
20|district. A charter school or virtual charter school shall also |
| |
21|provide any necessary data to the Office of Accountability within |
| |
22|the State Department of Education; |
| |
23| 5. Except as provided for in the Oklahoma Charter Schools Act |
| |
24|and its charter, a charter school shall be exempt from all statutes |
| |
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1|and rules relating to schools, boards of education, and school |
| |
2|districts; |
| |
3| 6. A charter school, to the extent possible, or virtual charter |
| |
4|school shall be subject to the same reporting requirements, |
| |
5|financial audits, audit procedures, and audit requirements as a |
| |
6|school district. The State Department of Education or State Auditor |
| |
7|and Inspector may conduct financial, program, or compliance audits. |
| |
8|A charter school or virtual charter school shall use the Oklahoma |
| |
9|Cost Accounting System to report financial transactions to the |
| |
10|sponsoring school district State Department of Education. The |
| |
11|charter school or virtual charter school shall be subject to the |
| |
12|limitations on spending, including provisions of the Oklahoma |
| |
13|Constitution, for any funds received from the state, either through |
| |
14|the State Department of Education or other sources; |
| |
15| 7. 6. A charter school or virtual charter school shall comply |
| |
16|with all federal and state laws relating to the education of |
| |
17|children with disabilities in the same manner as a school district; |
| |
18| 8. 7. A charter school or virtual charter school shall provide |
| |
19|for a governing body board for the school which shall be responsible |
| |
20|for the policies and operational decisions of the charter school or |
| |
21|virtual charter school. A majority of the charter school or virtual |
| |
22|charter school governing board members shall be residents of this |
| |
23|state and shall meet no less than monthly in a public meeting within |
| |
24|the boundaries of the school district in which the charter school is |
| |
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1|located or within this state if the governing board oversees |
| |
2|multiple charter schools in this state or oversees a virtual charter |
| |
3|school. The governing board of a charter school or virtual charter |
| |
4|school shall be subject to the same conflict of interest |
| |
5|requirements as a member of a school district board of education |
| |
6|including but not limited to Sections 5-113 and 5-124 of this title. |
| |
7| Members appointed to the governing board of a charter school or |
| |
8|virtual charter school shall be subject to the same instruction and |
| |
9|continuing education requirements as a member of a school district |
| |
10|board of education and pursuant to Section 5-110 of this title, |
| |
11|complete twelve (12) hours of instruction within fifteen (15) months |
| |
12|of appointment to the governing board, and pursuant to Section |
| |
13|5-110.1 of this title, attend continuing education; |
| |
14| 9. 8. A charter school or virtual charter school shall not be |
| |
15|used as a method of generating revenue for students who are being |
| |
16|home schooled and are not being educated at an organized charter |
| |
17|school site or by a virtual charter school; |
| |
18| 10. 9. A charter school may or virtual charter school shall be |
| |
19|as equally free and open to all students as traditional public |
| |
20|schools and shall not charge tuition or fees; |
| |
21| 11. 10. A charter school or virtual charter school shall |
| |
22|provide instruction each year for at least the number of days or |
| |
23|hours required in Section 1-109 of this title; |
| |
24| |
| |
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1| 12. 11. A charter school or virtual charter school shall comply |
| |
2|with the student suspension requirements provided for in Section |
| |
3|24-101.3 of this title; |
| |
4| 13. 12. A charter school or virtual charter school shall be |
| |
5|considered a school district for purposes of tort liability under |
| |
6|The Governmental Tort Claims Act; |
| |
7| 14. 13. Employees of a charter school or virtual charter school |
| |
8|may participate as members of the Teachers' Retirement System of |
| |
9|Oklahoma in accordance with applicable statutes and rules if |
| |
10|otherwise allowed pursuant to law; |
| |
11| 15. 14. A charter school or virtual charter school may |
| |
12|participate in all health and related insurance programs available |
| |
13|to the employees of the sponsor of the charter school a public |
| |
14|school district; |
| |
15| 16. 15. A charter school or virtual charter school and their |
| |
16|respective governing boards shall comply with the Oklahoma Open |
| |
17|Meeting Act and the Oklahoma Open Records Act; |
| |
18| 17. 16. The governing body board of a charter school or virtual |
| |
19|charter school shall be subject to the same conflict of interest |
| |
20|requirements as a member of a local school board promptly notify the |
| |
21|sponsor in the instance of any significant adverse actions, material |
| |
22|findings of noncompliance, or pending actions, claims, or |
| |
23|proceedings in this state relating to the charter school or an |
| |
24| |
| |
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1|educational management organization with which the charter school |
| |
2|has a contract; and |
| |
3| 18. 17. No later than September 1 each year, the governing |
| |
4|board of each charter school or virtual charter school formed |
| |
5|pursuant to the Oklahoma Charter Schools Act shall prepare a |
| |
6|statement of actual income and expenditures for the charter school |
| |
7|or virtual charter school for the fiscal year that ended on the |
| |
8|preceding June 30, in a manner compliant with Section 5-135 of this |
| |
9|title. The statement of expenditures shall include functional |
| |
10|categories as defined in rules adopted by the State Board of |
| |
11|Education to implement the Oklahoma Cost Accounting System pursuant |
| |
12|to Section 5-145 of this title. Charter schools and virtual charter |
| |
13|schools shall not be permitted to submit estimates of expenditures |
| |
14|or prorated amounts to fulfill the requirements of this paragraph; |
| |
15|and |
| |
16| 18. A charter school or virtual charter school contract shall |
| |
17|include performance provisions based on a performance framework that |
| |
18|clearly sets forth the academic and operational performance |
| |
19|indicators that shall be used by charter school and virtual charter |
| |
20|school sponsors to evaluate their respective schools. The sponsor |
| |
21|may develop a separate performance framework to evaluate a charter |
| |
22|school or virtual charter school that has been designated by the |
| |
23|State Department of Education as implementing an alternative |
| |
24|education program throughout the school. The sponsor shall require |
| |
Page 54
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1|a charter school or virtual charter school to submit the data |
| |
2|required in this subsection in the identical format that is required |
| |
3|by the State Department of Education of all public schools in order |
| |
4|to avoid duplicative administrative efforts or allow a charter |
| |
5|school or virtual charter school to provide permission to the |
| |
6|Department to share all required data with the Board. The |
| |
7|performance framework shall serve as the minimum requirement for |
| |
8|charter school and virtual charter school performance evaluation and |
| |
9|shall include, but not be limited to, the following indicators: |
| |
10| a. student academic proficiency, |
| |
11| b. student academic growth, |
| |
12| c. achievement gaps in both proficiency and growth |
| |
13| between major student subgroups, |
| |
14| d. student attendance, |
| |
15| e. recurrent enrollment from year to year as determined |
| |
16| by the methodology used for public schools in |
| |
17| Oklahoma, |
| |
18| f. in the case of high schools, graduation rates as |
| |
19| determined by the methodology used for public schools |
| |
20| in Oklahoma, |
| |
21| g. in the case of high schools, postsecondary readiness, |
| |
22| |
| |
23| |
| |
24| |
| |
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1| h. financial performance and sustainability and |
| |
2| compliance with state and Internal Revenue Service |
| |
3| financial reporting requirements, |
| |
4| i. audit findings or deficiencies, |
| |
5| j. accreditation and timely reporting, and |
| |
6| k. governing board performance and stewardship including |
| |
7| compliance with all applicable laws, regulations, and |
| |
8| terms of the charter contract. |
| |
9|The sponsor shall annually evaluate its charter schools according to |
| |
10|the performance framework. The results of the evaluation shall be |
| |
11|presented to the governing board of the charter school and the |
| |
12|governing board of the charter school sponsor in an open meeting. |
| |
13| B. A charter contract shall provide for one charter district |
| |
14|that may include multiple charter sites to the extent approved by |
| |
15|the sponsor and consistent with applicable law. An applicant or the |
| |
16|governing board of an applicant may hold one or more charter |
| |
17|contracts. Each charter district that is part of a charter contract |
| |
18|shall be considered a local educational agency, as defined in 20 |
| |
19|U.S.C. Section 7801, and shall be separate and distinct from any |
| |
20|other charter district. For the purposes of this subsection, |
| |
21|"separate and distinct" shall mean that a charter school governing |
| |
22|board with oversight of more than one charter district shall not |
| |
23|combine accounting, budgeting, recordkeeping, admissions, |
| |
24| |
| |
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1|employment, or policies and operational decisions of the charter |
| |
2|schools it oversees. |
| |
3| C. The charter contract of a charter school or virtual charter |
| |
4|school shall include a description of the personnel policies, |
| |
5|personnel qualifications, and method of school governance, and the |
| |
6|specific role and duties of the sponsor of the charter school. A |
| |
7|charter school or virtual charter school shall not enter into an |
| |
8|employment contract with any teacher or other personnel until a |
| |
9|contract has been executed with its sponsor. The employment |
| |
10|contract shall set forth the personnel policies of the charter |
| |
11|school or virtual charter school including, but not limited to, |
| |
12|policies related to certification, professional development |
| |
13|evaluation, suspension, dismissal and nonreemployment, sick leave, |
| |
14|personal business leave, emergency leave, and family and medical |
| |
15|leave. The contract shall also specifically set forth the salary, |
| |
16|hours, fringe benefits, and work conditions. The contract may |
| |
17|provide for employer-employee bargaining, but the charter school or |
| |
18|virtual charter school shall not be required to comply with the |
| |
19|provisions of Sections 509.1 through 509.10 of this title. |
| |
20| Upon contracting with any teacher or other personnel, the |
| |
21|governing board of a charter school or virtual charter school shall, |
| |
22|in writing, disclose employment rights of the employees in the event |
| |
23|the charter school or virtual charter school closes or the charter |
| |
24|contract is not renewed. |
| |
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1| No charter school or virtual charter school may begin serving |
| |
2|students without a contract executed in accordance with the |
| |
3|provisions of the Oklahoma Charter Schools Act and approved in an |
| |
4|open meeting of the governing board of the sponsor or the Statewide |
| |
5|Charter School Board. The governing board of the sponsor or the |
| |
6|Statewide Charter School Board may establish reasonable preopening |
| |
7|requirements or conditions to monitor the start-up progress of newly |
| |
8|approved charter schools or virtual charter schools and ensure that |
| |
9|each brick-and-mortar school is prepared to open smoothly on the |
| |
10|date agreed and to ensure that each school meets all building, |
| |
11|health, safety, insurance, and other legal requirements for the |
| |
12|opening of a school. |
| |
13| C. D. The charter of a charter school or virtual charter school |
| |
14|may be amended at the request of the governing body board of the |
| |
15|charter school or virtual charter school and upon the approval of |
| |
16|the sponsor. |
| |
17| D. E. A charter school or virtual charter school may enter into |
| |
18|contracts and sue and be sued. |
| |
19| E. F. The governing body board of a charter school may or |
| |
20|virtual charter school shall not levy taxes or issue bonds. If a |
| |
21|school district proposes a bond where a charter school is located, |
| |
22|the school district shall include charter schools in all planning |
| |
23|conversations regarding the bond. |
| |
24| |
| |
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1| F. G. The charter of a charter school or virtual charter school |
| |
2|shall include a provision specifying the method or methods to be |
| |
3|employed for disposing of real and personal property acquired by the |
| |
4|charter school or virtual charter school upon expiration or |
| |
5|termination of the charter or failure of the charter school or |
| |
6|virtual charter school to continue operations. Except as otherwise |
| |
7|provided, any real or personal property purchased with state or |
| |
8|local funds shall be retained by the sponsoring school district |
| |
9|sponsor. If a charter school that was previously sponsored by the |
| |
10|board of education of a school district continues operation within |
| |
11|the school district under a new charter sponsored by an entity |
| |
12|authorized pursuant to Section 3-132 of this title, the charter |
| |
13|school may retain any personal property purchased with state or |
| |
14|local funds for use in the operation of the charter school until |
| |
15|termination of the new charter or failure of the charter school to |
| |
16|continue operations. |
| |
17| SECTION 8. AMENDATORY 70 O.S. 2021, Section 3-137, is |
| |
18|amended to read as follows: |
| |
19| Section 3-137. A. An approved An initial contract for between |
| |
20|a charter school or virtual charter school and its sponsor approved |
| |
21|on or after July 1, 2023, shall be effective for five (5) years from |
| |
22|the first day of operation. A After completing an initial five-year |
| |
23|term, a charter contract may be renewed for up to successive |
| |
24|five-year ten-year terms of duration, although the sponsor may vary |
| |
Page 59
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1|the term based on the performance, demonstrated capacities, and |
| |
2|particular circumstances of each charter school. A sponsor may |
| |
3|grant renewal with specific conditions for necessary improvements to |
| |
4|a charter school. |
| |
5| B. Prior to the beginning of the fourth year before the final |
| |
6|year of operation a charter contract renewal of a charter school or |
| |
7|virtual charter school, the sponsor shall issue a charter school |
| |
8|performance report and charter renewal application guidance to the |
| |
9|charter school and the charter school its governing board or the |
| |
10|virtual charter school and its governing board. The performance |
| |
11|report shall summarize the performance record to date of the charter |
| |
12|school or virtual charter school, based on the data required by the |
| |
13|Oklahoma Charter Schools Act, the annual performance framework |
| |
14|evaluation, the operating agreement review if the charter school or |
| |
15|virtual charter school contracts with an educational management |
| |
16|organization, and the charter contract and taking into consideration |
| |
17|the percentage of at-risk students enrolled in the school, and. The |
| |
18|performance report shall provide notice of any weaknesses or, |
| |
19|concerns, violations, or deficiencies perceived by the sponsor |
| |
20|concerning the charter school or virtual charter school that may |
| |
21|jeopardize its position in seeking renewal if not timely rectified. |
| |
22|The If there are weaknesses, concerns, violations, or deficiencies |
| |
23|the sponsor may require a charter school or virtual charter school |
| |
24|to develop a corrective action plan and corresponding timeline to |
| |
Page 60
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1|remedy any weaknesses, concerns, violations, or deficiencies. If |
| |
2|the sponsor requires a corrective action plan, the charter school or |
| |
3|virtual charter school shall have forty-five (45) days to respond to |
| |
4|the performance report and submit any corrections or clarifications |
| |
5|for the report. If the charter school or virtual charter school |
| |
6|does not substantially complete the corrective action plan, the |
| |
7|sponsor may choose not to renew the charter contract pursuant to the |
| |
8|requirements of this section. |
| |
9| C. 1. Prior to the beginning of the fifth final year of |
| |
10|operation, the charter school or virtual charter school may apply |
| |
11|for renewal of the contract with the sponsor including the Statewide |
| |
12|Charter School Board. The renewal application guidance shall, at a |
| |
13|minimum, provide an opportunity for the charter school or virtual |
| |
14|charter school to: |
| |
15| a. present additional evidence, beyond the data |
| |
16| contained in the performance report, supporting its |
| |
17| case for charter renewal, |
| |
18| b. describe improvements undertaken or planned for the |
| |
19| school, and |
| |
20| c. detail the plan for the next charter term for the |
| |
21| school. |
| |
22| 2. The renewal application guidance shall include or refer |
| |
23|explicitly to the criteria that will guide the renewal decisions of |
| |
24|the sponsor, which shall be based on the performance framework set |
| |
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1|forth in the charter contract and consistent with the Oklahoma |
| |
2|Charter Schools Act. |
| |
3| D. The sponsor may deny the request for renewal if it |
| |
4|determines the charter school or virtual charter school has failed |
| |
5|to complete the obligations of the contract or comply with the |
| |
6|provisions of the Oklahoma Charter Schools Act. A sponsor shall |
| |
7|give written notice of its intent to deny the request for renewal at |
| |
8|least eight (8) months prior to expiration of the contract. In |
| |
9|making charter renewal decisions, a sponsor shall: |
| |
10| 1. Ground decisions on evidence of the performance of the |
| |
11|charter school or virtual charter school over the term of the |
| |
12|charter contract in accordance with the performance framework set |
| |
13|forth in the charter contract and shall take into consideration the |
| |
14|percentage of at-risk students enrolled in the school; |
| |
15| 2. Grant renewal to charter schools or virtual charter schools |
| |
16|that have achieved the standards, targets, and performance |
| |
17|expectations as stated in the charter contract and are |
| |
18|organizationally and fiscally viable and have been faithful to the |
| |
19|terms of the contract and applicable law; |
| |
20| 3. Ensure that data used in making renewal decisions are |
| |
21|available to the school and the public; and |
| |
22| 4. Provide a public report summarizing the evidence used as the |
| |
23|basis for each decision. |
| |
24| |
| |
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1| E. If a sponsor denies a request for renewal, the governing |
| |
2|board of the sponsor may, if requested by the charter school, |
| |
3|proceed to binding arbitration as provided for in subsection G of |
| |
4|Section 3-134 of this title. |
| |
5| F. A sponsor may terminate a contract during the term of the |
| |
6|contract for failure to meet the requirements for student |
| |
7|performance contained in the contract and performance framework, |
| |
8|failure to meet the standards of fiscal management, violations of |
| |
9|the law, or other good cause. The sponsor shall give at least |
| |
10|ninety (90) days' written notice to the governing board of the |
| |
11|charter school or virtual charter school prior to terminating the |
| |
12|contract. The governing board may request, in writing, an informal |
| |
13|hearing before the sponsor within fourteen (14) days of receiving |
| |
14|notice. The sponsor shall conduct an informal hearing before taking |
| |
15|action. If a sponsor decides to terminate a contract, the governing |
| |
16|board may, if requested by the charter school, proceed to binding |
| |
17|arbitration as provided for in subsection G of Section 3-134 of this |
| |
18|title. |
| |
19| G. 1. Beginning in the 2016-2017 school year, the State Board |
| |
20|of Education shall identify charter schools and virtual charter |
| |
21|schools in the state that are ranked in the bottom five percent (5%) |
| |
22|of all public schools as determined pursuant to Section 1210.545 of |
| |
23|this title. |
| |
24| |
| |
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1| 2. At the time of its charter renewal, based on an average of |
| |
2|the current year and the two (2) prior operating years, a sponsor |
| |
3|may close a charter school site or virtual charter school site |
| |
4|identified as being among the bottom five percent (5%) of public |
| |
5|schools in the state. The average of the current year and two (2) |
| |
6|prior operating years shall be calculated by using the percentage |
| |
7|ranking for each year divided by three, as determined by this |
| |
8|subsection. |
| |
9| 3. If there is a change to the calculation described in Section |
| |
10|1210.545 of this title that results in a charter school site or |
| |
11|virtual charter school site that was not ranked in the bottom five |
| |
12|percent (5%) being ranked in the bottom five percent (5%), then the |
| |
13|sponsor shall use the higher of the two rankings to calculate the |
| |
14|ranking of the charter school site or virtual charter school site. |
| |
15| 4. In the event that a sponsor fails to close a charter school |
| |
16|site consistent with this subsection, the sponsor shall appear |
| |
17|before the State Board of Education to provide support for its |
| |
18|decision. The State Board of Education may, by majority vote, |
| |
19|uphold or overturn the decision of the sponsor. If the decision of |
| |
20|the sponsor is overturned by the State Board of Education, the Board |
| |
21|may implement one of the following actions: |
| |
22| a. transfer the sponsorship of the charter school |
| |
23| identified in this paragraph to another sponsor, |
| |
24| |
| |
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1| b. order the closure of the charter school identified in |
| |
2| this paragraph at the end of the current school year, |
| |
3| or |
| |
4| c. order the reduction of any administrative fee |
| |
5| collected by the sponsor that is applicable to the |
| |
6| charter school identified in this paragraph. The |
| |
7| reduction shall become effective at the beginning of |
| |
8| the month following the month the hearing of the |
| |
9| sponsor is held by the State Board of Education. |
| |
10| 5. A charter school or virtual charter school that is closed by |
| |
11|the State Board of Education its sponsor pursuant to paragraph 4 of |
| |
12|this subsection shall not be granted a subsequent charter by any |
| |
13|other sponsor contract. |
| |
14| 6. 5. The requirements of this subsection shall not apply to a |
| |
15|charter school or virtual charter school that has been designated by |
| |
16|the State Department of Education as implementing an alternative |
| |
17|education program throughout the charter school. |
| |
18| 7. 6. In making a charter school site or virtual charter school |
| |
19|closure decision, the State Board of Education sponsor shall |
| |
20|consider the following: |
| |
21| a. enrollment of students with special challenges such |
| |
22| as drug or alcohol addiction, prior withdrawal from |
| |
23| school, prior incarceration, or other special |
| |
24| circumstances, |
| |
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1| b. high mobility of the student population resulting |
| |
2| from the specific purpose of the charter school or |
| |
3| virtual charter school, |
| |
4| c. annual improvement in the performance of students |
| |
5| enrolled in the charter school or virtual charter |
| |
6| school compared with the performance of students |
| |
7| enrolled in the charter school or virtual charter |
| |
8| school in the immediately preceding school year, and |
| |
9| d. whether a majority of students attending the charter |
| |
10| school or virtual charter school under consideration |
| |
11| for closure would likely revert to attending public |
| |
12| schools with lower academic achievement, as |
| |
13| demonstrated pursuant to Section 1210.545 of this |
| |
14| title. |
| |
15| 8. 7. If the State Board of Education has closed or transferred |
| |
16|authorization of at least twenty-five percent (25%) of the charter |
| |
17|schools chartered by one sponsor are closed within a five-year |
| |
18|period pursuant to paragraph 4 of this subsection, the authority of |
| |
19|the sponsor to authorize sponsor new charter schools may be |
| |
20|suspended by the Board Statewide Charter School Board until the |
| |
21|Board approves the sponsor to authorize sponsor new charter schools. |
| |
22| A determination under made pursuant to this paragraph to suspend |
| |
23|the authority of a sponsor to authorize new charter schools shall |
| |
24| |
| |
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1|identify the deficiencies that, if corrected, will result in the |
| |
2|approval of the sponsor to authorize sponsor new charter schools. |
| |
3| H. If a sponsor terminates a contract or the charter school or |
| |
4|virtual charter school is closed, the closure shall be conducted in |
| |
5|accordance with the following protocol: |
| |
6| 1. Within two (2) calendar weeks of a final closure |
| |
7|determination, the sponsor shall meet with the governing board and |
| |
8|leadership of the charter school or virtual charter school to |
| |
9|establish a transition team composed of school staff, applicant |
| |
10|staff, and others designated by the applicant that will attend to |
| |
11|the closure, including the transfer of students, student records, |
| |
12|and school funds; |
| |
13| 2. The sponsor and transition team shall communicate regularly |
| |
14|and effectively with families of students enrolled in the charter |
| |
15|school or virtual charter school, as well as with school staff and |
| |
16|other stakeholders, to keep them apprised of key information |
| |
17|regarding the closure of the school and their options and risks; |
| |
18| 3. The sponsor and transition team shall ensure that current |
| |
19|instruction of students enrolled in the charter school or virtual |
| |
20|charter school continues per the charter agreement contract for the |
| |
21|remainder of the school year; |
| |
22| 4. The sponsor and transition team shall ensure that all |
| |
23|necessary and prudent notifications are issued to agencies, |
| |
24| |
| |
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1|employees, insurers, contractors, creditors, debtors, and management |
| |
2|organizations; and |
| |
3| 5. The governing board of the charter school or virtual charter |
| |
4|school shall continue to meet as necessary to take actions needed to |
| |
5|wind down school operations, manage school finances, allocate |
| |
6|resources, and facilitate all aspects of closure. |
| |
7| I. A sponsor, including the Statewide Charter School Board, |
| |
8|shall develop revocation and nonrenewal processes that are |
| |
9|consistent with the Oklahoma Charter Schools Act and that: |
| |
10| 1. Provide the charter school or virtual charter school with a |
| |
11|timely notification of the prospect of revocation or nonrenewal and |
| |
12|of the reasons for possible closure; |
| |
13| 2. Allow the charter school or virtual charter school a |
| |
14|reasonable amount of time in which to prepare a response; |
| |
15| 3. Provide the charter school or virtual charter school with an |
| |
16|opportunity to submit documents and give testimony in a public |
| |
17|hearing challenging the rationale for closure and in support of the |
| |
18|continuation of the school at an orderly proceeding held for that |
| |
19|purpose and prior to taking any final nonrenewal or revocation |
| |
20|decision related to the school; |
| |
21| 4. Allow the charter school or virtual charter school access to |
| |
22|representation by counsel to call witnesses on its behalf; |
| |
23| 5. Permit the recording of the proceedings; and |
| |
24| |
| |
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1| 6. After a reasonable period for deliberation, require a final |
| |
2|determination be made and conveyed in writing to the charter school |
| |
3|or virtual charter school. |
| |
4| J. If a sponsor revokes or does not renew a charter contract, |
| |
5|the sponsor shall clearly state in a resolution the reasons for the |
| |
6|revocation or nonrenewal. If a charter is revoked or nonrenewed, |
| |
7|the charter school or virtual charter school shall disclose the |
| |
8|revocation or nonrenewal in any subsequent application. |
| |
9| K. 1. Before a sponsor may issue a charter to a charter school |
| |
10|governing body that has had its charter terminated or has been |
| |
11|informed that its charter will not be renewed by the current |
| |
12|sponsor, the sponsor shall request to have the proposal reviewed by |
| |
13|the State Board of Education at a hearing. The State Board of |
| |
14|Education shall conduct a hearing in which the sponsor shall present |
| |
15|information indicating that the proposal of the organizer is |
| |
16|substantively different in the areas of deficiency identified by the |
| |
17|current sponsor from the current proposal as set forth within the |
| |
18|charter with its current sponsor. |
| |
19| 2. After the State Board of Education conducts a hearing |
| |
20|pursuant to this subsection, the Board shall either approve or deny |
| |
21|the proposal. |
| |
22| 3. If the proposal is denied, no sponsor may issue a charter to |
| |
23|the charter school governing body. |
| |
24| |
| |
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1| L. If a charter contract is not renewed, the governing board of |
| |
2|the charter school may submit an application to a proposed new |
| |
3|sponsor as provided for in Section 3-134 of this title. |
| |
4| M. L. If a charter contract is not renewed or is terminated |
| |
5|according to this section, a student who attended the charter school |
| |
6|or virtual charter school may enroll in the resident school district |
| |
7|of the student or may apply for a transfer in accordance with |
| |
8|Section 8-103 of this title. |
| |
9| SECTION 9. AMENDATORY 70 O.S. 2021, Section 3-139, is |
| |
10|amended to read as follows: |
| |
11| Section 3-139. A. A sponsoring school district shall determine |
| |
12|whether a teacher who is employed by or teaching at a charter school |
| |
13|or virtual charter school and who was previously employed as a |
| |
14|teacher at the sponsoring public school district shall not lose any |
| |
15|right of salary status or any other benefit provided by law due to |
| |
16|teaching at a charter school or virtual charter school upon |
| |
17|returning to the sponsoring public school district to teach. |
| |
18| B. A teacher who is employed by or teaching at a charter school |
| |
19|or virtual charter school and who submits an employment application |
| |
20|to the school district where the teacher was employed immediately |
| |
21|before employment by or at a charter school or virtual charter |
| |
22|school shall be given employment preference by the school district |
| |
23|if: |
| |
24| |
| |
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1| 1. The teacher submits an employment application to the school |
| |
2|district no later than three (3) years after ceasing employment with |
| |
3|the school district; and |
| |
4| 2. A suitable position is available at the school district. |
| |
5| SECTION 10. AMENDATORY 70 O.S. 2021, Section 3-140, is |
| |
6|amended to read as follows: |
| |
7| Section 3-140. A. Except for a charter school sponsored by the |
| |
8|State Board of Education, a A charter school with a brick-and-mortar |
| |
9|school site or sites shall enroll those students whose legal |
| |
10|residence is within the boundaries of the school district in which |
| |
11|the charter school is located and who submit a timely application, |
| |
12|or those students who transfer to the district in which the charter |
| |
13|school is located in accordance with Section 8-103 or 8-104 of this |
| |
14|title, unless the number of applications exceeds the capacity of a |
| |
15|program, class, grade level, or building. Students who reside in a |
| |
16|school district where a charter school is located shall not be |
| |
17|required to obtain a transfer in order to attend a charter school in |
| |
18|the school district of residence. If capacity is insufficient to |
| |
19|enroll all eligible students, the charter school shall select |
| |
20|students through a lottery selection process. Except for a charter |
| |
21|school sponsored by the State Board of Education, a A charter school |
| |
22|shall give enrollment preference to eligible students who reside |
| |
23|within the boundaries of the school district in which the charter |
| |
24|school is located. Except for a charter school sponsored by the |
| |
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1|State Board of Education, a charter school created after November 1, |
| |
2|2010, shall give enrollment preference to eligible students who |
| |
3|reside within the boundaries of the school district in which the |
| |
4|charter school is located and who attend a school site that has been |
| |
5|identified as in need of improvement by the State Board of Education |
| |
6|pursuant to the Elementary and Secondary Education Act of 1965, as |
| |
7|amended or reauthorized. A charter school may limit admission to |
| |
8|students within a given age group or grade level. A charter school |
| |
9|sponsored by the State Board of Education Statewide Charter School |
| |
10|Board when the applicant of the charter school is the Office of |
| |
11|Juvenile Affairs shall limit admission to youth that are in the |
| |
12|custody or supervision of the Office of Juvenile Affairs. |
| |
13| B. Except for a charter school sponsored by the State Board of |
| |
14|Education, a A charter school shall admit students who reside in the |
| |
15|attendance area of a school or in a school district that is under a |
| |
16|court order of desegregation or that is a party to an agreement with |
| |
17|the United States Department of Education Office for Civil Rights |
| |
18|directed towards mediating alleged or proven racial discrimination |
| |
19|unless notice is received from the resident school district that |
| |
20|admission of the student would violate the court order or agreement. |
| |
21| C. A charter school may designate a specific geographic area |
| |
22|within the school district in which the charter school is located as |
| |
23|an academic enterprise zone and may limit admissions to students who |
| |
24|reside within that area. An academic enterprise zone shall be a |
| |
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1|geographic area in which sixty percent (60%) or more of the children |
| |
2|who reside in the area qualify for the free or reduced school lunch |
| |
3|program. |
| |
4| D. Except as provided in subsections B and C of this section, a |
| |
5|charter school or virtual charter school shall not limit admission |
| |
6|based on ethnicity, national origin, gender, income level, disabling |
| |
7|condition, proficiency in the English language, measures of |
| |
8|achievement, aptitude, or athletic ability. |
| |
9| E. A sponsor of a charter school shall not restrict the number |
| |
10|of students a charter school or virtual charter school may enroll. |
| |
11|The capacity of the a charter school or virtual charter school shall |
| |
12|be determined annually quarterly by the governing board of the |
| |
13|charter school based on the ability of the charter school to |
| |
14|facilitate the academic success of the students, to achieve the |
| |
15|other objectives specified in the charter contract, and to ensure |
| |
16|that the student enrollment does not exceed the capacity of its |
| |
17|facility or site or virtual charter school pursuant to the |
| |
18|provisions of Section 8-101.2 of this title. |
| |
19| F. Upon request of the charter school, the school district in |
| |
20|which the charter school is located shall provide directory |
| |
21|information for students residing in the school district pursuant to |
| |
22|Section 24A.16 of Title 51 of the Oklahoma Statutes. |
| |
23| G. Beginning July 1, 2023, each statewide virtual charter |
| |
24|school which has been approved and sponsored by the Statewide |
| |
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1|Charter School Board or any virtual charter school for which the |
| |
2|Board has assumed sponsorship as provided for in Section 1 of this |
| |
3|act shall be considered a statewide virtual charter school and the |
| |
4|geographic boundaries of each statewide virtual charter school shall |
| |
5|be the borders of the state. |
| |
6| H. Beginning July 1, 2023, students enrolled full-time in a |
| |
7|statewide virtual charter school sponsored by the Statewide Charter |
| |
8|School Board shall not be authorized to participate in any |
| |
9|activities administered by the Oklahoma Secondary Schools Activities |
| |
10|Association. However, the students may participate in intramural |
| |
11|activities sponsored by a statewide virtual charter school, an |
| |
12|online provider for the charter school, or any other outside |
| |
13|organization. |
| |
14| I. 1. Beginning July 1, 2023, a public school student who |
| |
15|wishes to enroll in a virtual charter school shall be considered a |
| |
16|transfer student from his or her resident school district. A |
| |
17|virtual charter school shall pre-enroll any public school student |
| |
18|whose parent or legal guardian expresses intent to enroll in the |
| |
19|district. Upon pre-enrollment, the State Department of Education |
| |
20|shall initiate a transfer on a form to be completed by the receiving |
| |
21|virtual charter school. Upon approval of the receiving virtual |
| |
22|charter school, the student may begin instructional activities. |
| |
23|Upon notice that a public school student has transferred to a |
| |
24| |
| |
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1|virtual charter school, the resident school district shall transmit |
| |
2|the student's records within three (3) school days. |
| |
3| 2. The State Department of Education shall notify the |
| |
4|Legislature and Governor if it determines that the information |
| |
5|technology infrastructure necessary to process the transfer of |
| |
6|students to a virtual charter school is inadequate and additional |
| |
7|time is needed for implementation. |
| |
8| 3. A public school student may transfer to one statewide |
| |
9|virtual charter school at any time during a school year. For |
| |
10|purposes of this subsection, "school year" shall mean July 1 through |
| |
11|the following June 30. After one statewide virtual charter school |
| |
12|transfer during a school year, no public school student shall be |
| |
13|permitted to transfer to any other statewide virtual charter school |
| |
14|without the concurrence of both the resident school district and the |
| |
15|receiving virtual charter school. A student shall have a grace |
| |
16|period of fifteen (15) school days from the first day of enrollment |
| |
17|in a statewide virtual charter school to withdraw without academic |
| |
18|penalty and shall continue to have the option of one virtual charter |
| |
19|school transfer without the concurrence of both districts during |
| |
20|that same school year. A statewide virtual charter school student |
| |
21|that has utilized the allowable one transfer pursuant to this |
| |
22|subsection shall not be permitted to transfer to another district or |
| |
23|other statewide virtual charter school without first notifying his |
| |
24|or her resident district and initiating a new transfer. Upon |
| |
Page 75
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1|cancellation of a transfer the virtual charter school shall transmit |
| |
2|the student's records to the student's new school district within |
| |
3|three (3) school days. Students enrolled in a statewide virtual |
| |
4|charter school shall not be required to submit a virtual charter |
| |
5|transfer for consecutive years of enrollment. Any student enrolled |
| |
6|in a statewide virtual charter school the year prior to the |
| |
7|implementation of this section shall not be required to submit a |
| |
8|transfer in order to remain enrolled. |
| |
9| J. 1. Beginning July 1, 2023, a student shall be eligible to |
| |
10|enroll in a statewide virtual charter school sponsored by the |
| |
11|Statewide Charter School Board pursuant to Section 1 of this act if |
| |
12|he or she is a student whose parent or legal guardian is transferred |
| |
13|or is pending transfer to a military installation within this state |
| |
14|while on active military duty pursuant to an official military |
| |
15|order. |
| |
16| 2. A statewide virtual charter school shall accept applications |
| |
17|by electronic means for enrollment and course registration for |
| |
18|students described in paragraph 1 of this subsection. |
| |
19| 3. The parent or legal guardian of a student described in |
| |
20|paragraph 1 of this subsection shall provide proof of residence in |
| |
21|this state within ten (10) days after the published arrival date |
| |
22|provided on official documentation. A parent or legal guardian may |
| |
23|use the following addresses as proof of residence: |
| |
24| a. a temporary on-base billeting facility, |
| |
Page 76
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1| b. a purchased or leased home or apartment, or |
| |
2| c. federal government or public-private venture off-base |
| |
3| military housing. |
| |
4| 4. The provisions of paragraph 3 of subsection H shall apply to |
| |
5|students described in paragraph 1 of this subsection. |
| |
6| 5. For purposes of this subsection: |
| |
7| a. "active military duty" means full-time military duty |
| |
8| status in the active uniformed service of the United |
| |
9| States including members of the National Guard and |
| |
10| Military Reserve on active duty orders, and |
| |
11| b. "military installation" means a base, camp, post, |
| |
12| station, yard, center, homeport facility for any ship, |
| |
13| or other installation under the jurisdiction of the |
| |
14| Department of Defense or the United States Coast |
| |
15| Guard. |
| |
16| SECTION 11. AMENDATORY 70 O.S. 2021, Section 3-142, is |
| |
17|amended to read as follows: |
| |
18| Section 3-142. A. The student membership and attendance of the |
| |
19|a charter school shall be considered separate from the student |
| |
20|membership and attendance of the sponsor for the purpose of |
| |
21|calculating enrollment and funding including weighted average daily |
| |
22|membership pursuant to Section 18-201.1 of this title and State Aid |
| |
23|pursuant to Section 18-200.1 of this title. A charter school shall |
| |
24|receive the State Aid allocation, federal funds to which it is |
| |
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1|eligible and qualifies for, and any other state-appropriated revenue |
| |
2|generated by its students for the applicable year. Not more than |
| |
3|three percent (3%) of the State Aid allocation may be charged by the |
| |
4|sponsor as a fee for administrative services rendered if the sponsor |
| |
5|is a school district, a comprehensive or regional institution of |
| |
6|higher education, a community college, or a federally recognized |
| |
7|Indian tribe pursuant to Section 3-132 of this title. The Statewide |
| |
8|Charter School Board shall not charge any charter school or virtual |
| |
9|charter school a fee for administrative or other services. The |
| |
10|State Board of Education State Department of Education shall |
| |
11|determine the policy and procedure for making payments to a charter |
| |
12|school. The fee for administrative services as authorized in this |
| |
13|subsection shall only be assessed on the State Aid allocation amount |
| |
14|and shall not be assessed on any other appropriated amounts. A |
| |
15|sponsor of a charter school shall not charge any additional State |
| |
16|Aid allocation or charge the charter school any additional fee above |
| |
17|the amounts allowed by this subsection unless the additional fees |
| |
18|are for additional services rendered. The charter school sponsor |
| |
19|shall provide to the State Department of Education financial records |
| |
20|documenting any state funds charged by the sponsor for |
| |
21|administrative services rendered for the previous year. |
| |
22| B. The fee for administrative services authorized by subsection |
| |
23|A of this section shall be used by the sponsor to provide oversight |
| |
24|and services to the charter schools it sponsors. The State |
| |
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1|Department of Education shall develop data codes for the Oklahoma |
| |
2|Cost Accounting System which shall be used to comply with the |
| |
3|administrative services reporting required by this section. A |
| |
4|charter school sponsor shall publish a detailed report on its |
| |
5|website and present the report in a public meeting of the charter |
| |
6|school governing board and the charter school sponsor governing |
| |
7|board. The report shall provide sponsor performance and stewardship |
| |
8|including compliance with all applicable laws, regulations, and |
| |
9|terms of the charter contract and listing expenses related to |
| |
10|oversight and services provided by the sponsor to the charter |
| |
11|schools it sponsors. |
| |
12| 1. The weighted average daily membership for the first year of |
| |
13|operation of a charter school shall be determined initially by |
| |
14|multiplying the actual enrollment of students as of August 1 by |
| |
15|1.333. The charter school shall receive revenue equal to that which |
| |
16|would be generated by the estimated weighted average daily |
| |
17|membership calculated pursuant to this paragraph. At midyear, the |
| |
18|allocation for the charter school shall be adjusted using the first |
| |
19|quarter weighted average daily membership for the charter school |
| |
20|calculated pursuant to subsection A of this section. |
| |
21| 2. For the purpose of calculating weighted average daily |
| |
22|membership pursuant to Section 18-201.1 of this title and State Aid |
| |
23|pursuant to Section 18-200.1 of this title, the weighted average |
| |
24|daily membership for the first year of operation and each year |
| |
Page 79
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1|thereafter of a charter school or full-time statewide virtual |
| |
2|charter school sponsored by the Statewide Virtual Charter School |
| |
3|Board shall be determined by multiplying the actual enrollment of |
| |
4|students as of August 1 by 1.333. The charter school or full-time |
| |
5|virtual charter school shall receive revenue equal to that which |
| |
6|would be generated by the estimated weighted average daily |
| |
7|membership calculated pursuant to this paragraph. At midyear, the |
| |
8|allocation for the charter school or full-time statewide virtual |
| |
9|charter school shall be adjusted using the first quarter weighted |
| |
10|average daily membership for the charter school or virtual charter |
| |
11|school calculated pursuant to subsection A of this section. |
| |
12| C. Except as explicitly authorized by state law, a charter |
| |
13|school or virtual charter school shall not be eligible to receive |
| |
14|state-dedicated, local, or county revenue; provided, a charter |
| |
15|school or virtual charter school may be eligible to receive any |
| |
16|other aid, grants, or revenues allowed to other schools. A charter |
| |
17|school or virtual charter school shall be considered a local |
| |
18|education agency for purposes of funding. |
| |
19| D. Any unexpended funds received by a charter school or virtual |
| |
20|charter school may be reserved and used for future purposes. The |
| |
21|governing body board of a charter school or virtual charter school |
| |
22|shall not levy taxes or issue bonds. If otherwise allowed by law, |
| |
23|the governing body board of a charter school or virtual charter |
| |
24|school may enter into private contracts for the purposes of |
| |
Page 80
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1|borrowing money from lenders. If the governing body board of the |
| |
2|charter school or virtual charter school borrows money, the charter |
| |
3|school or virtual charter school shall be solely responsible for |
| |
4|repaying the debt, and the state or the sponsor shall not in any way |
| |
5|be responsible or obligated to repay the debt. |
| |
6| E. Any charter school or virtual charter school which chooses |
| |
7|to lease property shall be eligible to receive current government |
| |
8|lease rates. |
| |
9| F. Except as otherwise provided in this subsection, each |
| |
10|charter school shall pay to the Charter School Closure Reimbursement |
| |
11|Revolving Fund created in subsection G of this section an amount |
| |
12|equal to Five Dollars ($5.00) per student based on average daily |
| |
13|membership, as defined by paragraph 2 of Section 18-107 of this |
| |
14|title, during the first nine (9) weeks of the school year. Each |
| |
15|charter school shall complete the payment every school year within |
| |
16|thirty (30) days after the first nine (9) weeks of the school year. |
| |
17|If the Charter School Closure Reimbursement Revolving Fund has a |
| |
18|balance of One Million Dollars ($1,000,000.00) or more on July 1, no |
| |
19|payment shall be required the following school year. |
| |
20| G. There is hereby created in the State Treasury a revolving |
| |
21|fund for the State Department of Education Statewide Charter School |
| |
22|Board to be designated the "Charter School Closure Reimbursement |
| |
23|Revolving Fund". The fund shall be a continuing fund, not subject |
| |
24|to fiscal year limitations, and shall consist of all monies received |
| |
Page 81
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1|by the State Department of Education Statewide Charter School Board |
| |
2|from charter schools as provided in subsection F of this section. |
| |
3|All monies accruing to the credit of said the fund are hereby |
| |
4|appropriated and may be budgeted and expended by the State |
| |
5|Department of Education Statewide Charter School Board for the |
| |
6|purpose of reimbursing charter school sponsors for costs paying for |
| |
7|expenditures incurred due to the closure of a charter school. |
| |
8|Expenditures from said the fund shall be made upon warrants issued |
| |
9|by the State Treasurer against claims filed as prescribed by law |
| |
10|with the Director of the Office of Management and Enterprise |
| |
11|Services for approval and payment. The State Department of |
| |
12|Education may promulgate rules regarding sponsor eligibility for |
| |
13|reimbursement. |
| |
14| SECTION 12. AMENDATORY 70 O.S. 2021, Section 3-143, is |
| |
15|amended to read as follows: |
| |
16| Section 3-143. The State Board of Education Statewide Charter |
| |
17|School Board shall issue an annual report to the Legislature and the |
| |
18|Governor outlining the status of charter schools and virtual charter |
| |
19|schools in the state. Each charter school and virtual charter |
| |
20|school shall annually file a report with the Office of |
| |
21|Accountability. The report Statewide Charter School Board that |
| |
22|shall include such information as requested by the Office of |
| |
23|Accountability, Board including but not limited to information on |
| |
24|enrollment, testing, curriculum, finances, and employees. |
| |
Page 82
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1| SECTION 13. AMENDATORY 70 O.S. 2021, Section 3-144, is |
| |
2|amended to read as follows: |
| |
3| Section 3-144. A. There is hereby created in the State |
| |
4|Treasury a fund to be designated the "Charter Schools Incentive |
| |
5|Fund". The fund shall be a continuing fund, not subject to fiscal |
| |
6|year limitations, and shall consist of all monies appropriated by |
| |
7|the Legislature, gifts, grants, devises, and donations from any |
| |
8|public or private source. The State Department of Education |
| |
9|Statewide Charter School Board shall administer the fund for the |
| |
10|purpose of providing financial support to charter school and virtual |
| |
11|charter school applicants and charter schools and virtual charter |
| |
12|schools for start-up costs and costs associated with renovating or |
| |
13|remodeling existing buildings and structures for use by a charter |
| |
14|school. The State Department of Education Statewide Charter School |
| |
15|Board is authorized to allocate funds on a per-pupil basis for |
| |
16|purposes of providing matching funds for the federal State Charter |
| |
17|School Facilities Incentive Grants Program created pursuant to the |
| |
18|No Child Left Behind Act, 20 USCA, Section 7221d. |
| |
19| B. The State Board of Education Statewide Charter School Board |
| |
20|shall adopt rules to implement the provisions of this section, |
| |
21|including application and notification requirements. |
| |
22| SECTION 14. AMENDATORY 70 O.S. 2021, Section 3-145.5, is |
| |
23|amended to read as follows: |
| |
24| |
| |
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1| Section 3-145.5 A. Notwithstanding any other provision of law, |
| |
2|beginning July 1, 2014, no school district shall offer full-time |
| |
3|virtual education to students who are not residents of the school |
| |
4|district or enter into a virtual charter school contract with a |
| |
5|provider to provide full-time virtual education to students who do |
| |
6|not reside within the school district boundaries. |
| |
7| B. Effective July 1, 2014, the Statewide Virtual Charter School |
| |
8|Board shall succeed to any contractual rights and responsibilities |
| |
9|incurred by a school district in a virtual charter school contract |
| |
10|executed prior to January 1, 2014, with a provider to provide |
| |
11|full-time virtual education to students who do not reside within the |
| |
12|school district boundaries. All property, equipment, supplies, |
| |
13|records, assets, current and future liability, encumbrances, |
| |
14|obligations and indebtedness associated with the contract shall be |
| |
15|transferred to the Statewide Virtual Charter School Board. |
| |
16|Appropriate conveyances and other documents shall be executed to |
| |
17|effectuate the transfer of any property associated with the |
| |
18|contract. Upon succession of the contract, the Board shall assume |
| |
19|sponsorship of the virtual charter school for the remainder of the |
| |
20|term of the contract. Prior to the end of the current term of the |
| |
21|contract, the Board shall allow the provider of the virtual charter |
| |
22|school to apply for renewal of the contract with the Board in |
| |
23|accordance with the renewal procedures established pursuant to |
| |
24|Section 3-145.3 of this title. |
| |
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1| SECTION 15. AMENDATORY 70 O.S. 2021, Section 3-145.7, is |
| |
2|amended to read as follows: |
| |
3| Section 3-145.7 There A. Until July 1, 2023, there is hereby |
| |
4|created in the State Treasury a revolving fund for the Statewide |
| |
5|Virtual Charter School Board to be designated the "Statewide Virtual |
| |
6|Charter School Board Revolving Fund". The fund shall be a |
| |
7|continuing fund, not subject to fiscal year limitations, and shall |
| |
8|consist of all monies received by the Statewide Virtual Charter |
| |
9|School Board from State Aid pursuant to Section 3-145.3 of Title 70 |
| |
10|of the Oklahoma Statutes this title or any other state |
| |
11|appropriation. All monies accruing to the credit of the fund are |
| |
12|hereby appropriated and may be budgeted and expended by the |
| |
13|Statewide Virtual Charter School Board for the purpose of supporting |
| |
14|the mission of the Statewide Virtual Charter School Board. |
| |
15|Expenditures from the fund shall be made upon warrants issued by the |
| |
16|State Treasurer against claims filed as prescribed by law with the |
| |
17|Director of the Office of Management and Enterprise Services for |
| |
18|approval and payment. |
| |
19| B. On July 1, 2023, the Statewide Virtual Charter School Board |
| |
20|shall transfer any unencumbered funds in the Statewide Virtual |
| |
21|Charter School Board Revolving Fund to the Statewide Charter School |
| |
22|Board Revolving Fund created pursuant to Section 3 of this act. Any |
| |
23|funds which are unexpended on January 1, 2024, shall be transferred |
| |
24|to the Statewide Charter School Board Revolving Fund. |
| |
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1| SECTION 16. AMENDATORY 70 O.S. 2021, Section 3-145.8, is |
| |
2|amended to read as follows: |
| |
3| Section 3-145.8 A. It shall be the duty of each virtual |
| |
4|charter school approved and sponsored by the Statewide Virtual |
| |
5|School Board pursuant to the provisions of Section 3-145.3 of Title |
| |
6|70 of the Oklahoma Statutes Statewide Charter School Board to keep a |
| |
7|full and complete record of the attendance of all students enrolled |
| |
8|in the virtual charter school in one of the student information |
| |
9|systems approved by the State Department of Education and locally |
| |
10|selected by the virtual school from the approved list. |
| |
11| B. By July 1, 2020, the governing body board of each virtual |
| |
12|charter school shall adopt an attendance policy. The policy may |
| |
13|allow attendance to be a proportional amount of the required |
| |
14|attendance policy provisions based upon the date of enrollment of |
| |
15|the student. The attendance policy shall include the following |
| |
16|provisions: |
| |
17| 1. The first date of attendance and membership shall be the |
| |
18|first date the student completes an instructional activity. |
| |
19| 2. A student who attends a virtual charter school shall be |
| |
20|considered in attendance for a quarter if the student: |
| |
21| a. completes instructional activities on no less than |
| |
22| ninety percent (90%) of the days within the quarter, |
| |
23| b. is on pace for on-time completion of the course as |
| |
24| |
| |
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1| defined by the governing board of the virtual charter |
| |
2| school, or |
| |
3| c. completes no less than seventy-two instructional |
| |
4| activities within the quarter of the academic year. |
| |
5| 3. For a student who does not meet any of the criteria set |
| |
6|forth in paragraph 1 or 2 of this subsection, the amount of |
| |
7|attendance recorded shall be the greater of: |
| |
8| a. the number of school days during which the student |
| |
9| completed the instructional activities during the |
| |
10| quarter, |
| |
11| b. the number of school days proportional to the |
| |
12| percentage of the course that has been completed, or |
| |
13| c. the number of school days proportional to the |
| |
14| percentage of the required minimum number of completed |
| |
15| instructional activities during the quarter. |
| |
16| C. For the purposes of this section, "instructional activities" |
| |
17|shall include instructional meetings with a teacher, completed |
| |
18|assignments that are used to record a grade for a student that is |
| |
19|factored into the student's grade for the semester during which the |
| |
20|assignment is completed, testing, and school-sanctioned field trips, |
| |
21|and orientation. |
| |
22| D. Each statewide virtual charter school approved and sponsored |
| |
23|by the Statewide Virtual Charter School Board pursuant to the |
| |
24|provisions of Section 3-145.3 of this title Statewide Charter School |
| |
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1|Board shall offer a student orientation, notify the parent or legal |
| |
2|guardian and each student who enrolls in that school of the |
| |
3|requirement to participate in the student orientation, and require |
| |
4|all students enrolled to complete the student orientation prior to |
| |
5|completing any other instructional activity. The Statewide Virtual |
| |
6|Charter School Board Statewide Charter School Board shall promulgate |
| |
7|rules to develop materials for orientation. |
| |
8| E. Any student that is behind pace and does not complete an |
| |
9|instructional activity for a fifteen-school-day period shall be |
| |
10|withdrawn for truancy. The virtual charter school shall submit a |
| |
11|notification to the parent or legal guardian of a student who has |
| |
12|been withdrawn for truancy or is approaching truancy. |
| |
13| F. A student who is reported for truancy two times in the same |
| |
14|school year shall be withdrawn and prohibited from enrolling in the |
| |
15|same virtual charter school for the remainder of the school year. |
| |
16| G. The governing body board of each statewide virtual charter |
| |
17|school shall develop, adopt, and post on the school's website a |
| |
18|policy regarding consequences for a student's failure to attend |
| |
19|school and complete instructional activities. The policy shall |
| |
20|state, at a minimum, that if a student fails to consistently attend |
| |
21|school and complete instructional activities after receiving a |
| |
22|notification pursuant to subsection E of this section and reasonable |
| |
23|intervention strategies have been implemented, a student shall be |
| |
24| |
| |
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1|subject to certain consequences including withdrawal from the school |
| |
2|for truancy. |
| |
3| H. If a statewide virtual charter school withdraws a student |
| |
4|pursuant to subsections F and G of this section, the virtual charter |
| |
5|school shall immediately notify the student's resident district in |
| |
6|writing of the student's disenrollment. |
| |
7| I. The provisions of subsections F, G, and H of this section |
| |
8|shall not be in effect until the implementation of subsection H D of |
| |
9|Section 3-145.3 of this title. |
| |
10| J. The Statewide Virtual Charter School Board Statewide Charter |
| |
11|School Board may promulgate rules to implement the provisions of |
| |
12|this section. |
| |
13| SECTION 17. NEW LAW A new section of law to be codified |
| |
14|in the Oklahoma Statutes as Section 3-145.9 of Title 70, unless |
| |
15|there is created a duplication in numbering, reads as follows: |
| |
16| Beginning with the 2023-2024 school year, members of a charter |
| |
17|school sponsor governing board shall designate a representative from |
| |
18|the board to complete an annual sponsor workshop requirement |
| |
19|provided by the Statewide Charter School Board for a minimum of two |
| |
20|(2) hours but not to exceed twelve (12) hours. The sponsor workshop |
| |
21|shall include, but not be limited to, information regarding the |
| |
22|Charter Schools Act, charter governance, Internal Revenue Services |
| |
23|rules for nonprofits, and school finance laws. |
| |
24| |
| |
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1| SECTION 18. AMENDATORY 70 O.S. 2021, Section 5-200, is |
| |
2|amended to read as follows: |
| |
3| Section 5-200. A. As used in this section, "educational |
| |
4|management organization" means a for-profit or nonprofit |
| |
5|organization that receives public funds to provide administration |
| |
6|and management services for a charter school, statewide virtual |
| |
7|charter school or traditional public school. |
| |
8| B. A charter school that contracts with an educational |
| |
9|management organization shall use the Oklahoma Cost Accounting |
| |
10|System (OCAS) to report the total amount paid to an educational |
| |
11|management organization pursuant to the terms of the contract as |
| |
12|well as actual itemized expenditure information for the goods or |
| |
13|services provided by the management organization as defined by OCAS |
| |
14|expenditure codes, including the total compensation package of the |
| |
15|superintendent including the base salary, insurance, retirement and |
| |
16|other fringe benefits. |
| |
17| C. Any Pursuant to Internal Revenue Service guidelines, any |
| |
18|owner of an educational management organization shall be required to |
| |
19|disclose to the governing board of the school in a public meeting |
| |
20|any ownership position in any business that contracts or proposes to |
| |
21|contract with the same public school that the educational management |
| |
22|organization is managing. |
| |
23| D. Whenever any person shall enter into a contract with any |
| |
24|school district or public charter school in the state to teach in |
| |
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1|such school district or public charter school the contract shall be |
| |
2|binding on the teacher and on the board of education until the |
| |
3|teacher legally has been discharged from the teaching position or |
| |
4|released by the board of education from the contract. Except as |
| |
5|provided in Section 5-106A of Title 70 of the Oklahoma Statutes this |
| |
6|title, until such teacher has been thus discharged or released, the |
| |
7|teacher shall not have authority to enter into a contract with any |
| |
8|other board of education in Oklahoma for the same time covered by |
| |
9|the original contract. If upon written complaint by the board of |
| |
10|education in a district any teacher is reported to have failed to |
| |
11|obey the terms of the contract previously made and to have entered |
| |
12|into a contract with another board of education, including a public |
| |
13|charter school board of education, without having been released from |
| |
14|the former contract except as provided in Section 5-106A of Title 70 |
| |
15|of the Oklahoma Statutes this title, the teacher, upon being found |
| |
16|to be employed full-time for another public school, including a |
| |
17|public charter school in the state, at a hearing held before the |
| |
18|State Board of Education, shall have such teacher's certificate |
| |
19|suspended for the remainder of the term for which the contract was |
| |
20|made. |
| |
21| SECTION 19. AMENDATORY 70 O.S. 2021, Section 18-124, is |
| |
22|amended to read as follows: |
| |
23| Section 18-124. A. Any school district with an average daily |
| |
24|attendance (ADA) of more than one thousand five hundred (1,500) |
| |
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1|students for the preceding year which expends for administrative |
| |
2|services in the 2005-06 school year or any school year thereafter, |
| |
3|less expenditures for legal services, more than five percent (5%) of |
| |
4|the amount it expends for total expenditures, less expenditures for |
| |
5|legal services, shall have the amount which exceeds the five percent |
| |
6|(5%) withheld the following year from the Foundation and Salary |
| |
7|Incentive Aid for the school district. |
| |
8| B. Any school district with an average daily attendance (ADA) |
| |
9|of more than five hundred (500) students but not more than one |
| |
10|thousand five hundred (1,500) students for the preceding year which |
| |
11|expends for administrative services in the 2005-06 school year or |
| |
12|any school year thereafter, less expenditures for legal services, |
| |
13|more than seven percent (7%) of the amount it expends for total |
| |
14|expenditures, less expenditures for legal services, shall have the |
| |
15|amount which exceeds the seven percent (7%) withheld the following |
| |
16|year from the Foundation and Salary Incentive Aid for the school |
| |
17|district. |
| |
18| C. Any school district with an average daily attendance (ADA) |
| |
19|of five hundred (500) or fewer students for the preceding year which |
| |
20|expends for administrative services in the 2005-06 school year or |
| |
21|any school year thereafter, less expenditures for legal services, |
| |
22|more than eight percent (8%) of the amount it expends for total |
| |
23|expenditures, less expenditures for legal services, shall have the |
| |
24|amount which exceeds the eight percent (8%) withheld the following |
| |
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1|year from the Foundation and Salary Incentive Aid for the school |
| |
2|district. |
| |
3| D. The provisions of this section shall apply to charter |
| |
4|schools and virtual charter schools which contract with an |
| |
5|educational management organization as defined in Section 5-200 of |
| |
6|this title. The expenditure limits shall not exceed the percentages |
| |
7|prescribed in subsections A, B, and C of this section, and the |
| |
8|calculation of administrative services for schools which contract |
| |
9|with an educational management organization shall be the combined |
| |
10|amount of administrative services expended by the school and the |
| |
11|educational management organization. |
| |
12| E. For purposes of this section, "administrative services" |
| |
13|means costs associated with: |
| |
14| 1. Staff for the board of education; |
| |
15| 2. The secretary/clerk for the board of education; |
| |
16| 3. Staff relations; |
| |
17| 4. Negotiations staff; |
| |
18| 5. Immediate staff of the superintendent, any elementary |
| |
19|superintendent or any assistant superintendent; |
| |
20| 6. Any superintendent, elementary superintendent, or assistant |
| |
21|superintendent; |
| |
22| 7. Any employee of a school district employed as a director, |
| |
23|coordinator, supervisor, or who has responsibility for |
| |
24|administrative functions of a school district; and |
| |
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1| 8. Any consultant hired by the school district; and |
| |
2| 9. Administrative services paid to an educational management |
| |
3|organization as defined in Section 5-200 of this title. |
| |
4| E. F. If an employee of a school district is employed in a |
| |
5|position where part of the employee's time is spent as an |
| |
6|administrator and part of the time is spent in nonadministrative |
| |
7|functions, the percentage of time spent as an administrator shall be |
| |
8|included as administrative services. A superintendent who spends |
| |
9|part of the time performing exempted nonadministrative services such |
| |
10|as teaching in the classroom, serving as a principal, counselor, or |
| |
11|library media specialist, can code up to forty percent (40%) of |
| |
12|their salary to other nonadministrative functions. The total amount |
| |
13|of time a superintendent of a school district spends performing |
| |
14|services for a school district shall be included as administrative |
| |
15|services even if part of the time the superintendent is performing |
| |
16|nonexempted nonadministrative service functions. The total amount |
| |
17|received by a superintendent from the school district as salary, for |
| |
18|the performance of administrative and nonexempted nonadministrative |
| |
19|services, shall be recorded under the code for superintendent salary |
| |
20|as provided for in the Oklahoma Cost Accounting System. |
| |
21| F. G. Each school site within a school district shall take |
| |
22|steps to ensure that the administrative costs for the school comply |
| |
23|with the expenditure limits established for school districts in this |
| |
24|section. |
| |
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1| G. H. Funds withheld pursuant to the provisions of this section |
| |
2|shall be distributed through the State Aid formula to the districts |
| |
3|not so penalized. |
| |
4| H. I. For the 2003-04 and 2004-05 school year, school districts |
| |
5|shall report to the State Department of Education the costs |
| |
6|associated with administrative services for the school district as |
| |
7|defined in subsection D E of this section. |
| |
8| SECTION 20. AMENDATORY 70 O.S. 2021, Section 1210.704, |
| |
9|is amended to read as follows: |
| |
10| Section 1210.704 A. Beginning with the 20242025 school year, |
| |
11|all public high schools in this state shall make a minimum of four |
| |
12|advanced placement courses available to students. |
| |
13| B. Local School district boards of education in each district |
| |
14|shall be responsible for ensuring annually that all high school |
| |
15|students have access to advanced placement courses beginning in the |
| |
16|2024-2025 school year. Such access may be provided through |
| |
17|enrollment in courses offered through: |
| |
18| 1. A school site or sites within the district; |
| |
19| 2. A career and technology institution technology center school |
| |
20|within the district; |
| |
21| 3. A An online learning program offered by the Statewide |
| |
22|Virtual Charter School Board Statewide Charter School Board or one |
| |
23|of its vendors; or |
| |
24| 4. A school site or sites in another school district. |
| |
Page 95
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1| C. The Statewide Virtual Charter School Board Statewide Charter |
| |
2|School Board shall maintain an online learning platform to provide |
| |
3|high quality online learning opportunities for Oklahoma students |
| |
4|that are aligned with the subject matter standards adopted by the |
| |
5|State Board of Education pursuant to Section 11-103.6 of Title 70 of |
| |
6|the Oklahoma Statutes this title. The Board shall implement online |
| |
7|courses, with an emphasis on science, technology, engineering, and |
| |
8|math (STEM) courses, foreign language courses, and advanced |
| |
9|placement courses. The online platform shall be available to all |
| |
10|Oklahoma school districts. |
| |
11| D. The State Department of Education shall provide information |
| |
12|to all local boards of education, to be distributed to their |
| |
13|students and parents, on available opportunities and the enrollment |
| |
14|process for students to take advanced placement courses. The |
| |
15|information shall explain the value of advanced placement courses in |
| |
16|preparing students for postsecondary-level coursework, enabling |
| |
17|students to gain access to postsecondary opportunities, and |
| |
18|qualifying for scholarships and other financial aid opportunities. |
| |
19| E. The State Department of Education shall retain records of |
| |
20|which options outlined in subsection B of this section local boards |
| |
21|of education selected for their students and make the information |
| |
22|available on the Department's website. |
| |
23| |
| |
24| |
| |
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1| F. As used in this section, "advanced placement course" shall |
| |
2|have the same meaning as provided in paragraph 1 of Section 1210.702 |
| |
3|of Title 70 of the Oklahoma Statutes this title. |
| |
4| SECTION 21. REPEALER 70 O.S. 2021, Sections 3-135, |
| |
5|3-145.1, 3-145.2, 3-145.3, and 3-145.4, are hereby repealed. |
| |
6| SECTION 22. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, |
| |
7|16, 17, 18, 19, 20, and 21 of this act shall become effective July |
| |
8|1, 2023." |
| |
9| Passed the House of Representatives the 27th day of April, 2022. |
| |
10| |
| |
11| |
| |
12| Presiding Officer of the House of |
| Representatives |
13| |
| |
14| Passed the Senate the ____ day of __________, 2022. |
| |
15| |
| |
16| |
| |
17| Presiding Officer of the Senate |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Page 97