1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 431 By: Hicks |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to charter schools; amending 70 O.S. |
| 2021, Sections 3-134, as amended by Section 2, |
8| Chapter 222, O.S.L. 2022 (70 O.S. Supp. 2022, Section |
| 3-134), and 3-135, which relate to the Oklahoma |
9| Charter Schools Act; updating statutory language; |
| requiring a charter school governing board to meet |
10| monthly rather than quarterly; removing requirement |
| that a majority of board members be residents within |
11| certain boundary; providing method for electing |
| members of a board of education for a charter school |
12| and a virtual charter school; providing for |
| membership and terms; providing for filling of |
13| vacancy; providing for beginning of terms of office; |
| providing for codification; and providing an |
14| effective date. |
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15| |
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16| |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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18| SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-134, as |
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19|amended by Section 2, Chapter 222, O.S.L. 2022 (70 O.S. Supp. 2022, |
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20|Section 3-134), is amended to read as follows: |
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21| Section 3-134. A. For written applications filed after January |
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22|1, 2008, prior to submission of the application to a proposed |
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23|sponsor seeking to establish a charter school, the applicant shall |
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24|be required to complete training which shall not exceed ten (10) |
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1|hours provided by the State Department of Education on the process |
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2|and requirements for establishing a charter school. The Department |
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3|shall develop and implement the training by January 1, 2008. The |
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4|Department may provide the training in any format and manner that |
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5|the Department determines to be efficient and effective including, |
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6|but not limited to, web-based training. |
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7| B. Except as otherwise provided for in Section 3-137 of this |
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8|title, an applicant seeking to establish a charter school shall |
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9|submit a written application to the proposed sponsor as prescribed |
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10|in subsection E of this section. The application shall include: |
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11| 1. A mission statement for the charter school; |
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12| 2. A description including, but not limited to, background |
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13|information of the organizational structure and the governing body |
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14|board of the charter school; |
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15| 3. A financial plan for the first five (5) years of operation |
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16|of the charter school and a description of the treasurer or other |
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17|officers or persons who shall have primary responsibility for the |
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18|finances of the charter school. Such person and shall have |
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19|demonstrated experience in school finance or the equivalent thereof; |
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20| 4. A description of the hiring policy of the charter school; |
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21| 5. The name of the applicant or applicants and requested |
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22|sponsor; |
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23| 6. A description of the facility and location of the charter |
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24|school; |
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1| 7. A description of the grades being served; |
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2| 8. An outline of criteria designed to measure the effectiveness |
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3|of the charter school; |
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4| 9. A demonstration of support for the charter school from |
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5|residents of the school district which may include but is not |
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6|limited to a survey of the school district residents or a petition |
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7|signed by residents of the school district; |
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8| 10. Documentation that the applicants completed charter school |
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9|training as set forth in subsection A of this section; |
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10| 11. A description of the minimum and maximum enrollment planned |
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11|per year for each term of the charter contract; |
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12| 12. The proposed calendar for the charter school and sample |
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13|daily schedule; |
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14| 13. Unless otherwise authorized by law or regulation, a |
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15|description of the academic program aligned with state standards; |
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16| 14. A description of the instructional design of the charter |
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17|school, including the type of learning environment, class size and |
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18|structure, curriculum overview, and teaching methods; |
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19| 15. The plan for using internal and external assessments to |
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20|measure and report student progress on the performance framework |
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21|developed by the applicant in accordance with subsection C of |
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22|Section 3-135 of this title; |
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23| |
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24| |
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1| 16. The plans for identifying and successfully serving students |
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2|with disabilities, students who are English language learners, and |
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3|students who are academically behind; |
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4| 17. A description of cocurricular or extracurricular programs |
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5|and how they will be funded and delivered; |
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6| 18. Plans and time lines for student recruitment and |
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7|enrollment, including lottery procedures; |
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8| 19. The student discipline policies for the charter school, |
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9|including those for special education students; |
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10| 20. An organizational chart that clearly presents the |
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11|organizational structure of the charter school, including lines of |
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12|authority and reporting between the governing board, staff, any |
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13|related bodies such as advisory bodies or parent and teacher |
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14|councils, and any external organizations that will play a role in |
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15|managing the school; |
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16| 21. A clear description of the roles and responsibilities for |
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17|the governing board, the leadership and management team for the |
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18|charter school, and any other entities shown in the organizational |
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19|chart; |
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20| 22. The leadership and teacher employment policies for the |
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21|charter school; |
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22| 23. Proposed governing bylaws; |
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23| 24. Explanations of any partnerships or contractual |
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24| |
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1|partnerships central to the operations or mission of the charter |
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2|school; |
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3| 25. The plans for providing transportation, food service, and |
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4|all other significant operational or ancillary services; |
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5| 26. Opportunities and expectations for parental involvement; |
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6| 27. A detailed school start-up plan that identifies tasks, time |
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7|lines, and responsible individuals; |
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8| 28. A description of the financial plan and policies for the |
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9|charter school, including financial controls and audit requirements; |
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10| 29. A description of the insurance coverage the charter school |
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11|will obtain; |
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12| 30. Start-up and five-year budgets with clearly stated |
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13|assumptions; |
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14| 31. Start-up and first-year cash-flow projections with clearly |
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15|stated assumptions; |
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16| 32. Evidence of anticipated fundraising contributions, if |
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17|claimed in the application; |
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18| 33. A sound facilities plan, including backup or contingency |
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19|plans if appropriate; |
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20| 34. A requirement that the charter school governing board meet |
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21|at a minimum quarterly monthly in the state and that for those |
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22|charter schools outside of counties with a population of five |
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23|hundred thousand (500,000) or more, that a majority of members are |
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24| |
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1|residents within the geographic boundary of the sponsoring entity; |
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2|and |
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3| 35. A requirement that the charter school follow the |
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4|requirements of the Oklahoma Open Meeting Act and Oklahoma Open |
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5|Records Act. |
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6| C. A board of education of a public school district, public |
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7|body, public or private college or university, private person, or |
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8|private organization may contract with a sponsor to establish a |
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9|charter school. A private school shall not be eligible to contract |
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10|for a charter school under the provisions of the Oklahoma Charter |
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11|Schools Act. |
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12| D. The sponsor of a charter school is the board of education of |
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13|a school district, the board of education of a technology center |
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14|school district, a higher education institution, the State Board of |
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15|Education, or a federally recognized Indian tribe which meets the |
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16|criteria established in Section 3-132 of this title. Any board of |
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17|education of a school district in the state may sponsor one or more |
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18|charter schools. The physical location of a charter school |
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19|sponsored by a board of education of a school district or a |
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20|technology center school district shall be within the boundaries of |
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21|the sponsoring school district. The physical location of a charter |
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22|school otherwise sponsored by the State Board of Education pursuant |
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23|to paragraph 8 of subsection A of Section 3-132 of this title shall |
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24|be in the school district in which the application originated. |
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1| E. An applicant for a charter school may submit an application |
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2|to a proposed sponsor which shall either accept or reject |
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3|sponsorship of the charter school within ninety (90) days of receipt |
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4|of the application. If the proposed sponsor rejects the |
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5|application, it shall notify the applicant in writing of the reasons |
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6|for the rejection. The applicant may submit a revised application |
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7|for reconsideration to the proposed sponsor within thirty (30) days |
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8|after receiving notification of the rejection. The proposed sponsor |
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9|shall accept or reject the revised application within thirty (30) |
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10|days of its receipt. Should the sponsor reject the application on |
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11|reconsideration, the applicant may appeal the decision to the State |
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12|Board of Education with the revised application for review pursuant |
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13|to paragraph 8 of subsection A of Section 3-132 of this title. The |
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14|State Board of Education shall hear the appeal no later than sixty |
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15|(60) days from the date received by the Board. |
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16| F. A board of education of a school district, board of |
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17|education of a technology center school district, higher education |
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18|institution, or federally recognized Indian tribe sponsor of a |
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19|charter school shall notify the State Board of Education when it |
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20|accepts sponsorship of a charter school. The notification shall |
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21|include a copy of the charter of the charter school. |
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22| G. Applicants for charter schools proposed to be sponsored by |
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23|an entity other than a school district pursuant to paragraph 1 of |
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24|subsection A of Section 3-132 of this title may, upon rejection of |
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1|the revised application, proceed to binding arbitration under the |
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2|commercial rules of the American Arbitration Association with costs |
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3|of the arbitration to be borne by the proposed sponsor. Applicants |
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4|for charter schools proposed to be sponsored by school districts |
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5|pursuant to paragraph 1 of subsection A of Section 3-132 of this |
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6|title may not proceed to binding arbitration but may be sponsored by |
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7|the State Board of Education as provided in paragraph 8 of |
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8|subsection A of Section 3-132 of this title. |
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9| H. If a board of education of a technology center school |
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10|district, a higher education institution, the State Board of |
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11|Education, or a federally recognized Indian tribe accepts |
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12|sponsorship of a charter school, the administrative, fiscal, and |
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13|oversight responsibilities of the technology center school district, |
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14|the higher education institution, or the federally recognized Indian |
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15|tribe shall be listed in the contract. No responsibilities shall be |
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16|delegated to a school district unless the local school district |
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17|agrees to assume the responsibilities. |
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18| I. A sponsor of a public charter school shall have the |
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19|following powers and duties: |
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20| 1. Provide oversight of the operations of charter schools in |
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21|the state through annual performance reviews of charter schools and |
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22|reauthorization of charter schools for which it is a sponsor; |
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23| 2. Solicit and evaluate charter applications; |
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24| |
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1| 3. Approve quality charter applications that meet identified |
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2|educational needs and promote a diversity of educational choices; |
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3| 4. Decline to approve weak or inadequate charter applications; |
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4| 5. Negotiate and execute sound charter contracts with each |
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5|approved public charter school; |
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6| 6. Monitor, in accordance with charter contract terms, the |
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7|performance and legal compliance of charter schools; and |
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8| 7. Determine whether each charter contract merits renewal, |
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9|nonrenewal, or revocation. |
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10| J. Sponsors shall establish a procedure for accepting, |
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11|approving, and disapproving charter school applications in |
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12|accordance with subsection E of this section. |
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13| K. Sponsors shall be required to develop and maintain |
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14|chartering policies and practices consistent with recognized |
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15|principles and standards for quality charter authorizing as |
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16|established by the State Department of Education in all major areas |
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17|of authorizing responsibility, including organizational capacity and |
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18|infrastructure, soliciting and evaluating charter applications, |
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19|performance contracting, ongoing charter school oversight, and |
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20|evaluation and charter renewal decision-making. |
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21| L. Sponsors acting in their official capacity shall be immune |
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22|from civil and criminal liability with respect to all activities |
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23|related to a charter school with which they contract. |
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24| |
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1| SECTION 2. AMENDATORY 70 O.S. 2021, Section 3-135, is |
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2|amended to read as follows: |
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3| Section 3-135. A. The sponsor of a charter school shall enter |
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4|into a written contract with the governing body board of the charter |
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5|school. The contract shall incorporate the provisions of the |
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6|charter of the charter school and contain, but shall not be limited |
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7|to, the following provisions: |
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8| 1. A description of the program to be offered by the school |
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9|which complies with the purposes outlined in Section 3-136 of this |
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10|title; |
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11| 2. Admission policies and procedures; |
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12| 3. Management and administration of the charter school, |
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13|including that a majority of the charter governing board members are |
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14|residents of the State of Oklahoma and meet no less than quarterly |
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15|monthly in a public meeting within the boundaries of the school |
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16|district in which the charter school is located or within the State |
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17|of Oklahoma in the instance of multiple charter school locations by |
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18|the same sponsor; |
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19| 4. Requirements and procedures for program and financial |
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20|audits; |
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21| 5. A description of how the charter school will comply with the |
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22|charter requirements set forth in the Oklahoma Charter Schools Act; |
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23| 6. Assumption of liability by the charter school; |
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24| 7. The term of the contract; |
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1| 8. A description of the high standards of expectation and rigor |
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2|for charter school plans and assurance that charter school plans |
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3|adopted meet at least those standards; |
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4| 9. Policies that require that the charter school be as equally |
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5|free and open to all students as traditional public schools; |
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6| 10. Procedures that require students enrolled in the charter |
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7|school to be selected by lottery to ensure fairness if more students |
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8|apply than a school has the capacity to accommodate; |
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9| 11. Policies that require the charter school to be subject to |
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10|the same academic standards and expectations as existing public |
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11|schools; and |
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12| 12. A description of the requirements and procedures for the |
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13|charter school to receive funding in accordance with statutory |
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14|requirements and guidelines for existing public schools. |
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15| B. A charter school shall not enter into an employment contract |
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16|with any teacher or other personnel until the charter school has a |
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17|contract with a sponsoring school district. The employment contract |
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18|shall set forth the personnel policies of the charter school, |
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19|including, but not limited to, policies related to certification, |
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20|professional development evaluation, suspension, dismissal and |
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21|nonreemployment, sick leave, personal business leave, emergency |
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22|leave, and family and medical leave. The contract shall also |
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23|specifically set forth the salary, hours, fringe benefits, and work |
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24|conditions. The contract may provide for employer-employee |
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1|bargaining, but the charter school shall not be required to comply |
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2|with the provisions of Sections 509.1 through 509.10 of this title. |
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3|The contract shall conform to all applicable provisions set forth in |
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4|Section 3-136 of this title. |
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5| Upon contracting with any teacher or other personnel, the |
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6|governing body board of the charter school shall, in writing, |
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7|disclose employment rights of the employees in the event the charter |
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8|school closes or the charter is not renewed. |
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9| No charter school may begin serving students without a charter |
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10|contract executed in accordance with the provisions of the Oklahoma |
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11|Charter Schools Act and approved in an open meeting of the sponsor. |
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12|The sponsor may establish reasonable preopening requirements or |
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13|conditions to monitor the start-up progress of newly approved |
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14|charter schools and ensure that each school is prepared to open |
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15|smoothly on the date agreed and to ensure that each school meets all |
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16|building, health, safety, insurance, and other legal requirements |
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17|for the opening of a school. |
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18| C. The performance provisions within the charter contract shall |
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19|be based on a performance framework that clearly sets forth the |
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20|academic and operational performance indicators, measures, and |
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21|metrics that will guide the evaluations of the charter school by the |
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22|sponsor. The sponsor shall require a charter school to submit the |
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23|data required in this section in the identical format that is |
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24|required by the State Department of Education of all public schools |
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1|in order to avoid duplicative administrative efforts or allow a |
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2|charter school to provide permission to the Department to share all |
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3|required data with the sponsor of the charter school. The |
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4|performance framework shall include indicators, measures, and |
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5|metrics for, at a minimum: |
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6| 1. Student academic proficiency; |
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7| 2. Student academic growth; |
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8| 3. Achievement gaps in both proficiency and growth between |
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9|major student subgroups; |
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10| 4. Student attendance; |
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11| 5. Recurrent enrollment from year to year as determined by the |
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12|methodology used for public schools in Oklahoma; |
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13| 6. In the case of high schools, graduation rates as determined |
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14|by the methodology used for public schools in Oklahoma; |
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15| 7. In the case of high schools, postsecondary readiness; |
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16| 8. Financial performance and sustainability; and |
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17| 9. Governing board performance and stewardship, including |
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18|compliance with all applicable laws, regulations, and terms of the |
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19|charter contract. |
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20| D. The sponsor shall not request any metric or data from a |
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21|charter school that it does not produce or publish for all school |
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22|sites in the district or under its sponsorship, unless the metric or |
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23|data is unique to a charter school. |
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24| |
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1| E. A charter contract may provide for one or more schools by an |
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2|applicant to the extent approved by the sponsor and consistent with |
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3|applicable law. An applicant or the governing board of an applicant |
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4|may hold one or more charter contracts. Each charter school that is |
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5|part of a charter contract shall be separate and distinct from any |
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6|other charter school under the same charter contract. |
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7| SECTION 3. NEW LAW A new section of law to be codified |
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8|in the Oklahoma Statutes as Section 3-146 of Title 70, unless there |
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9|is created a duplication in numbering, reads as follows: |
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10| A. The following provisions and the provisions of Section |
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11|13A-101 et seq. of Title 26 of the Oklahoma Statutes shall govern |
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12|the election of members of the board of education for a charter |
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13|school established pursuant to Section 3-132 of Title 70 of the |
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14|Oklahoma Statutes: |
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15| 1. At the general election to be held in April 2026, there |
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16|shall be elected in each charter school district a board of |
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17|education. The board of education shall consist of five (5) board |
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18|districts with boundaries to be determined by the State Board of |
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19|Education. The Board may promulgate rules prescribing the manner in |
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20|which the elections required by this subsection are held. The board |
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21|of education shall have the powers and duties provided for in the |
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22|charter contract entered into pursuant to Section 3-135 of Title 70 |
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23|of the Oklahoma Statutes; and |
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24| |
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1| 2. Each board of education of a charter school shall consist of |
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2|five (5) members to be elected as follows: |
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3| a. one member elected to serve a term of five (5) years, |
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4| |
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5| b. one member elected to serve an initial term of four |
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6| (4) years. A member thereafter elected shall serve a |
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7| term of five (5) years, |
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8| c. one member elected to serve an initial term of three |
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9| (3) years. A member thereafter elected shall serve a |
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10| term of five (5) years, |
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11| d. one member elected to serve an initial term of two |
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12| (2) years. A member thereafter elected shall serve a |
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13| term of five (5) years, and |
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14| e. one member elected to serve an initial term of one |
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15| (1) year. A member thereafter elected shall serve a |
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16| term of five (5) years. |
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17| If during the term of office to which a person was elected, that |
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18|member ceases to be a resident of the board district for which the |
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19|person was elected, the office shall become vacant and such vacancy |
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20|shall be filled as provided in Section 13A-110 of Title 26 of the |
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21|Oklahoma Statutes. |
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22| B. The following provisions and the provisions of Section |
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23|13A-101 et seq. of Title 26 of the Oklahoma Statutes shall govern |
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24|the election of members of the board of education for a virtual |
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1|charter school sponsored by the Statewide Virtual Charter School |
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2|Board pursuant to Section 3-145.3 of Title 70 of the Oklahoma |
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3|Statutes: |
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4| 1. At the general election to be held in April 2026, there |
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5|shall be elected at a statewide election a board of education for |
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6|each virtual charter school in this state. The Board may promulgate |
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7|rules prescribing the manner in which the elections required by this |
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8|subsection are held. The board of education shall consist of seven |
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9|(7) members. The board of education shall have the powers and |
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10|duties provided for in the charter contract entered into pursuant to |
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11|Section 3-145.3 of Title 70 of the Oklahoma Statutes; and |
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12| 2. Each board of education of a virtual charter school shall |
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13|consist of seven (7) members to be elected for four (4) year terms. |
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14| If during the term of office to which a person was elected, that |
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15|member ceases to be a resident of the state, the office shall become |
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16|vacant and such vacancy shall be filled as provided in Section |
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17|13A-110 of Title 26 of the Oklahoma Statutes. |
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18| C. The term of office of each board member elected pursuant to |
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19|the provisions of this section shall commence on the first regular, |
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20|special, or emergency school board meeting after the date of the |
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21|annual school election and after the member has been certified as |
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22|elected. |
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23| SECTION 4. This act shall become effective November 1, 2023. |
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24| |
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