1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 189 By: Hicks |
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6| AS INTRODUCED |
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7| An Act relating to charter schools; amending 70 O.S. |
| 2021, Section 3-136, which relates to charter school |
8| compliance with certain provisions; updating |
| statutory language; prohibiting a charter school from |
9| entering into a contract with a teacher who does not |
| hold a valid certificate; providing an effective |
10| date; and declaring an emergency. |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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14| SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-136, is |
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15|amended to read as follows: |
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16| Section 3-136. A. A charter school shall adopt a charter which |
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17|will ensure compliance with the following: |
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18| 1. A charter school shall comply with all federal regulations |
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19|and state and local rules and statutes relating to health, safety, |
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20|civil rights, and insurance. By January 1, 2000, the State |
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21|Department of Education shall prepare a list of relevant rules and |
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22|statutes which a charter school must comply with as required by this |
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23|paragraph and shall annually provide an update to the list; |
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1| 2. A charter school shall be nonsectarian in its programs, |
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2|admission policies, employment practices, and all other operations. |
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3|A sponsor may not authorize a charter school or program that is |
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4|affiliated with a nonpublic sectarian school or religious |
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5|institution; |
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6| 3. The charter school may provide a comprehensive program of |
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7|instruction for a prekindergarten program, a kindergarten program, |
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8|or any grade between grades one and twelve. Instruction may be |
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9|provided to all persons between the ages of four (4) and twenty-one |
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10|(21) years. A charter school may offer a curriculum which |
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11|emphasizes a specific learning philosophy or style or certain |
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12|subject areas such as mathematics, science, fine arts, performance |
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13|arts, or foreign language. The charter of a charter school which |
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14|offers grades nine through twelve shall specifically address whether |
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15|the charter school will comply with the graduation requirements |
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16|established in Section 11-103.6 of this title. No charter school |
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17|shall be chartered for the purpose of offering a curriculum for deaf |
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18|or blind students that is the same or similar to the curriculum |
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19|being provided by or for educating deaf or blind students that are |
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20|being served by the Oklahoma School for the Blind or the Oklahoma |
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21|School for the Deaf; |
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22| 4. A charter school shall participate in the testing as |
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23|required by the Oklahoma School Testing Program Act and the |
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24|reporting of test results as is required of a school district. A |
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1|charter school shall also provide any necessary data to the Office |
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2|of Accountability Office of Educational Quality and Accountability; |
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3| 5. Except as provided for in the Oklahoma Charter Schools Act |
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4|and its charter, a charter school shall be exempt from all statutes |
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5|and rules relating to schools, boards of education, and school |
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6|districts; |
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7| 6. A charter school, to the extent possible, shall be subject |
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8|to the same reporting requirements, financial audits, audit |
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9|procedures, and audit requirements as a school district. The State |
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10|Department of Education or State Auditor and Inspector may conduct |
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11|financial, program, or compliance audits. A charter school shall |
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12|use the Oklahoma Cost Accounting System to report financial |
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13|transactions to the sponsoring school district; |
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14| 7. A charter school shall comply with all federal and state |
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15|laws relating to the education of children with disabilities in the |
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16|same manner as a school district; |
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17| 8. A charter school shall provide for a governing body for the |
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18|school which shall be responsible for the policies and operational |
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19|decisions of the charter school; |
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20| 9. A charter school shall not be used as a method of generating |
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21|revenue for students who are being home schooled and are not being |
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22|educated at an organized charter school site; |
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23| 10. A charter school may not charge tuition or fees; |
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1| 11. A charter school shall provide instruction each year for at |
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2|least the number of days required in Section 1-109 of this title; |
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3| 12. A charter school shall comply with the student suspension |
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4|requirements provided for in Section 24-101.3 of this title; |
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5| 13. A charter school shall be considered a school district for |
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6|purposes of tort liability under The Governmental Tort Claims Act; |
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7| 14. Employees of a charter school may participate as members of |
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8|the Teachers' Retirement System of Oklahoma in accordance with |
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9|applicable statutes and rules if otherwise allowed pursuant to law; |
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10| 15. A charter school may participate in all health and related |
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11|insurance programs available to the employees of the sponsor of the |
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12|charter school; |
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13| 16. A charter school shall comply with the Oklahoma Open |
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14|Meeting Act and the Oklahoma Open Records Act; |
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15| 17. The governing body of a charter school shall be subject to |
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16|the same conflict of interest requirements as a member of a local |
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17|school board; and |
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18| 18. No later than September 1 each year, the governing board of |
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19|each charter school formed pursuant to the Oklahoma Charter Schools |
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20|Act shall prepare a statement of actual income and expenditures for |
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21|the charter school for the fiscal year that ended on the preceding |
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22|June 30, in a manner compliant with Section 5-135 of this title. |
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23|The statement of expenditures shall include functional categories as |
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24|defined in rules adopted by the State Board of Education to |
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1|implement the Oklahoma Cost Accounting System pursuant to Section |
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2|5-145 of this title. Charter schools shall not be permitted to |
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3|submit estimates of expenditures or prorated amounts to fulfill the |
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4|requirements of this paragraph; and |
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5| 19. A charter school shall not enter into any written contract |
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6|with a teacher who does not hold a valid certificate issued by the |
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7|State Board of Education pursuant to Section 6-122.3 or 6-187 of |
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8|this title. |
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9| B. The charter of a charter school shall include a description |
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10|of the personnel policies, personnel qualifications, and method of |
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11|school governance, and the specific role and duties of the sponsor |
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12|of the charter school. |
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13| C. The charter of a charter school may be amended at the |
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14|request of the governing body of the charter school and upon the |
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15|approval of the sponsor. |
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16| D. A charter school may enter into contracts and sue and be |
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17|sued. |
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18| E. The governing body of a charter school may not levy taxes or |
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19|issue bonds. |
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20| F. The charter of a charter school shall include a provision |
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21|specifying the method or methods to be employed for disposing of |
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22|real and personal property acquired by the charter school upon |
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23|expiration or termination of the charter or failure of the charter |
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24|school to continue operations. Except as otherwise provided, any |
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1|real or personal property purchased with state or local funds shall |
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2|be retained by the sponsoring school district. If a charter school |
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3|that was previously sponsored by the board of education of a school |
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4|district continues operation within the school district under a new |
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5|charter sponsored by an entity authorized pursuant to Section 3-132 |
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6|of this title, the charter school may retain any personal property |
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7|purchased with state or local funds for use in the operation of the |
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8|charter school until termination of the new charter or failure of |
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9|the charter school to continue operations. |
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10| SECTION 2. This act shall become effective July 1, 2023. |
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11| SECTION 3. It being immediately necessary for the preservation |
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12|of the public peace, health, or safety, an emergency is hereby |
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13|declared to exist, by reason whereof this act shall take effect and |
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14|be in full force from and after its passage and approval. |
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16| 59-1-1278 EB 1/9/2023 12:26:28 PM |
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