ENROLLED SENATE
BILL NO. 516 By: Pugh and Brooks of the Senate
and
Echols
of the House
An Act relating to charter schools; creating the Statewide
Charter School Board; providing authority of board beginning on certain date;
providing for membership; requiring initial appointments by certain date;
providing terms of members; providing for annual election of chair and vice
chair; providing for removal of members; providing for filling of vacancies;
prohibiting certain legislators from serving as members; providing for travel
reimbursement; requiring first meeting to be held by certain date; providing
for frequency of meetings; specifying quorum requirements; requiring virtual
charter schools to only be sponsored by the Statewide Charter School Board
beginning on certain date; abolishing the Statewide Virtual Charter School
Board upon certain date; providing for succession to certain rights,
responsibilities, and agreements executed prior to certain date; providing for
transfer of powers, duties, personnel, property, and other items; directing the
Director of the Office of Management and Enterprise Services to coordinate
certain transfers; providing for succession of certain contracts; providing for
virtual charter school sponsorship contract renewal; providing for
enforceability of certain administrative rules; granting rulemaking authority;
providing for succession to certain rights, responsibilities, and agreements
executed by the State Board of Education prior to certain date; directing
Statewide Charter School Board to assume certain sponsorships; providing for
certain sponsorship renewal; permitting certain charter schools to apply for
sponsorship renewal with the Statewide Charter School Board; establishing
powers and duties of the Statewide Charter School Board; reserving certain
powers and duties for the State Board of Education; defining terms; providing
for preparation of a conversion plan; providing for contents of plan; exempting
conversion schools from certain laws; providing for funding of conversion
schools; describing process for conversion school reversion; requiring Board to
make publicly available a list of certain courses beginning on certain date;
directing the Board, in certain conjunction, to negotiate and enter into
contracts with certain providers; creating the Statewide Charter School Board
Revolving Fund; specifying sources of fund; providing for expenditures;
providing purpose of fund; amending 70 O.S. 2021, Section 3-104, which relates
to powers and duties of the State Board of Education; updating statutory
references; modifying reference from the Statewide Virtual Charter School Board
to the Statewide Charter School Board; amending 70 O.S. 2021, Sections 3-132,
as amended by Section 1, Chapter 222, O.S.L. 2022 (70 O.S. Supp. 2022, Section
3-132), 3-134, as amended by Section 2, Chapter 222, O.S.L. 2022 (70 O.S. Supp.
2022, Section 3-134), 3-136, 3-137, 3-139, 3-140, 3-142, 3-143, and 3-144,
which relate to implementation of the Oklahoma Charter Schools Act; modifying
eligibility of certain entities to sponsor charter schools; updating statutory
language; exempting certain charter schools from certain limitation; striking
duplicative language; transferring certain training duty from the State
Department of Education to the Statewide Charter School Board; requiring
training after certain date for certain sponsors; establishing deadline for
training development and implementation; modifying application process and
contents for certain schools; removing references to charter schools sponsored
by certain entities; requiring certain charter application to be submitted
first to certain school district; removing certain appeals process; prohibiting
delegation of certain responsibilities to a school district without a contract;
providing for powers and duties of charter school and virtual charter school sponsors; requiring Statewide
Charter School Board to post certain information on its website; modifying
contents of certain written contracts beginning on certain date; directing
certain charter schools to be separate and distinct; defining term; modifying
language regarding employment contracts; prohibiting certain schools from
serving certain students without certain contract; authorizing sponsor to
establish certain requirements or conditions for certain schools; updating
references; directing certain charter schools to be included in certain bond
planning conversations; providing for increase in length of certain charter
contracts; prescribing a performance report prior to the final year of a
charter contract renewal; permitting sponsor to require charter school to
develop certain corrective action plan; authorizing nonrenewal of contract in
certain cases; removing requirement of sponsor to appear before the State Board
of Education in certain circumstances; requiring certain school to disclose
revocation or nonrenewal in a subsequent application; including virtual charter
schools in teacher salary and hiring provisions; updating statutory language;
prescribing geographic boundaries for virtual charter schools; prohibiting
certain students from participating in certain activities; designating certain
students as transfer students; prescribing process for enrollment in virtual
charter school; requiring transmission of student records within certain time
period; directing certain notification if technology infrastructure is
inadequate; prescribing limitation of student transfers; defining term;
prohibiting additional transfer without certain concurrence; providing a grace
period for withdrawal; requiring certain notification; providing for transfer
for students who have a parent or guardian in the military; prescribing process
for transfer; defining terms; prohibiting the Statewide Charter School Board
from charging a fee for administrative or other services; specifying how
sponsor fee is to be used; directing development of certain data codes for
reporting expenditures; requiring sponsor to publish certain report on its
website and present report in certain meeting; modifying language regarding
calculation of certain weighted average daily membership; updating statutory
language; transferring oversight authority of the Charter School Closure
Reimbursement Revolving Fund; reassigning duty to submit certain annual report;
modifying authority over the Charter Schools Incentive Fund; amending 70 O.S.
2021, Sections 3-145.5, as amended by Section 2, Chapter 153, O.S.L. 2022 (70
O.S. Supp. 2022, Section 3-145.5), 3-145.7, and 3-145.8, which relate to
virtual charter schools; removing outdated language; granting Statewide Virtual
Charter School Board authority over certain revolving fund until certain date;
transferring funds to certain revolving fund on certain date; updating
statutory references; requiring sponsor governing board to designate
representative to complete annual sponsor workshop requirement; amending 70
O.S. 2021, Section 5-200, which relates to management organizations; updating statutory
language; requiring amounts paid to certain organizations be pursuant to
contract terms; mandating disclosure pursuant to certain guidelines; updating
statutory citations; amending 70 O.S. 2021, Section 18-124, which relates to
limitations on administrative services expenditures; providing applicability of
limitation to certain schools; clarifying calculation for specified schools;
modifying definition; amending 70 O.S. 2021, Section 1210.704,
which relates to the provision of advanced placement courses; updating
statutory language; repealing 70 O.S. 2021, Sections 3-135, 3-145.1, 3-145.2,
3-145.3, and 3-145.4, which relate to sponsor contract guidelines, meetings,
and rule promulgation of the Statewide Virtual Charter School Board; providing
for severability; providing for codification; and providing effective dates.
SUBJECT: Charter schools
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 3-132.1 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. There is hereby
created the Statewide Charter School Board.
Beginning July 1, 2024, the Board shall have the sole authority to
sponsor statewide virtual charter schools in this state and may sponsor charter
schools in this state. The Board shall
be composed of nine (9) voting members as follows:
1.
Three members appointed by the Governor;
2.
Two members appointed by the President Pro Tempore of the Senate;
3.
Two members appointed by the Speaker of the House of Representatives;
4.
The Superintendent of Public Instruction or his or her designee; and
5.
The State Auditor and Inspector or his or her designee.
B.
Initial appointments shall be made by October 31, 2023. The President Pro Tempore of the Senate and
the Speaker of the House of Representatives shall each appoint one member for
one (1) year and one member for two (2) years.
The Governor shall appoint one member for one (1) year and two members
for two (2) years. Members shall serve
until their successors are duly appointed for a term of three (3) years. Appointments shall be made by and take effect
on July 31 of the year in which the appointment is made. Annually by December 30 the Board shall elect
from its membership a chair and vice chair.
C.
A member may be removed from the Board by the appointing authority for
cause which shall include but not be limited to:
1.
Being found guilty by a court of competent jurisdiction of a felony or
any offense involving moral turpitude;
2.
Being found guilty of malfeasance, misfeasance, or nonfeasance in
relation to Board duties;
3.
Being found mentally incompetent by a court of competent jurisdiction; or
4.
Failing to attend three successive meetings of the Board without just
cause, as determined by the Board.
D.
Vacancies shall be filled by the appointing authority.
E.
No member of the Senate or House of Representatives may be appointed to
the Board while serving as a member of the Legislature or for two (2) full
years following the expiration of the term of office.
F.
Members of the Statewide Charter School Board shall not receive
compensation but shall be reimbursed for necessary travel expenses pursuant to
the provisions of the State Travel Reimbursement Act.
G.
The Statewide Charter School Board shall meet at the call of the
chair. The first meeting of the Board
shall be held no later than sixty (60) days after the effective date of this
act.
H.
Five members of the Board shall constitute a quorum, and an affirmative
vote of at least five members shall be required for the Board to take any final
action.
I. Beginning July 1,
2024, statewide virtual charter schools shall be sponsored only by the
Statewide Charter School Board created pursuant to this section. Effective July 1, 2024, the Statewide Virtual
Charter School Board shall be abolished and the Statewide Charter School Board
shall succeed to any contractual rights and responsibilities and settlement
agreements incurred by the Statewide Virtual Charter School Board in a virtual
charter school sponsorship contract executed prior to July 1, 2024.
1. All powers, duties,
responsibilities, policies, personnel, property, equipment, supplies, records,
assets, funds, current and future liabilities, encumbrances, obligations, and
indebtedness of the Statewide Virtual Charter School Board or associated with a
virtual charter school sponsorship contract entered into by the Statewide
Virtual Charter School Board prior to July 1, 2024, shall be transferred to the
Statewide Charter School Board. No items
shall be expended or used for any purpose other than the performance of duties
and responsibilities as directed and required in this act. Appropriate conveyances and other documents
shall be executed to effectuate the transfer of property associated with a
sponsorship contract. The Statewide
Charter School Board may contract for additional legal and administrative
services as necessary to effectuate the transfers provided in this subsection.
2. The Director of
the Office of Management and Enterprise Services shall coordinate the transfer
of funds, allotments, purchase orders, and outstanding financial obligations
and encumbrances relating to the regulation of virtual charter schools as
transferred pursuant to the provisions of this act.
3. Upon succession of
sponsorship contracts, the Statewide Charter School Board shall assume
sponsorship of the virtual charter schools for the remainder of the term of the
contracts. Prior to the end of the
current term of the contract, the Statewide Charter School Board shall allow a
virtual charter school to apply for renewal of the sponsorship contract in
accordance with the renewal procedures established pursuant to Section 3-137 of
Title 70 of the Oklahoma Statutes.
4.
Effective July 1, 2024, all administrative rules
promulgated by the Statewide Virtual Charter School Board relating to the
implementation and enforcement of the Oklahoma Charter Schools Act shall be
enforceable by the Statewide Charter School Board. The rules shall continue in force and effect
and the Statewide Charter School Board shall have authority to amend, repeal,
recodify, or make additions to the rules pursuant to the Administrative
Procedures Act.
J.
Effective July 1, 2024, the Statewide Charter School Board shall succeed
to any contractual rights and responsibilities and settlement agreements incurred
by the State Board of Education in a charter school sponsorship contract
executed prior to July 1, 2024. All
property, equipment, supplies, records, assets, funds, current and future
liabilities, encumbrances, obligations, and indebtedness associated with a
charter school sponsorship contract entered into by the State Board of
Education prior to July 1, 2024, shall be transferred to the Statewide Charter
School Board. Appropriate conveyances
and other documents shall be executed to effectuate the transfer of property
associated with a sponsorship contract.
Upon succession of sponsorship contracts, the Statewide Charter School
Board shall assume sponsorship of the charter schools for the remainder of the
term of the contracts. Prior to the end
of the current term of the contract, the Statewide Charter School Board shall
allow a charter school to apply for renewal of the sponsorship contract in
accordance with the renewal procedures established pursuant to Section 3-137 of
Title 70 of the Oklahoma Statutes.
K.
Beginning July 1, 2024, at the end of the current term of a charter
school sponsorship contract with a school district, an accredited comprehensive
or regional institution that is a member of The Oklahoma State System of Higher
Education, a community college, or a federally recognized Indian tribe, a
charter school may apply for contract renewal with the Statewide Charter School
Board for sponsorship.
SECTION 2.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 3-132.2 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Beginning July 1,
2024, and subject to the requirements of the Oklahoma Charter Schools Act, the
Statewide Charter School Board shall:
1.
Provide supervision, services, and oversight of the operations of
statewide virtual charter schools in this state and charter schools for which
the Statewide Charter School Board is the sponsor, recommend legislation
pertaining to charter schools to the Legislature, and promulgate rules and
policies that the Board deems necessary to accomplish the purposes prescribed
in this section;
2.
Ensure compliance with state laws and training requirements for all
charter schools, virtual charter schools, and sponsors;
3.
Establish a procedure for accepting, approving, and disapproving charter
school and statewide virtual charter school applications and a process for
renewal or revocation of approved charter contracts which meet the procedures
set forth in the Oklahoma Charter Schools Act;
4.
Hire an Executive Director and other staff for its operation;
5.
Prepare a budget for expenditures necessary for the proper maintenance
of the Board and accomplishment of its purpose;
6.
Comply with the requirements of the Oklahoma Open Meeting Act and
Oklahoma Open Records Act; and
7.
Give priority to opening charter schools and virtual charter schools
that serve at-risk student populations or students from low-performing
traditional public schools.
B.
The State Board of Education shall be responsible for accreditation of
charter schools and virtual charter schools and ensure compliance with special
education laws and federal laws and programs administered by the State Board of
Education.
C.
1. For purposes of the Oklahoma
Charter Schools Act, “charter school” means:
a. prior
to July 1, 2024, a public school established by contract with a school district
board of education, a technology center school district, a higher education
institution, a federally recognized Indian tribe, or the State Board of
Education, and
b. on
July 1, 2024, and after, a public school established by contract with a school
district board of education, a higher education institution, an institution of
higher learning accredited pursuant to Section 4103 of Title 70 of the Oklahoma
Statutes, a federally recognized Indian tribe, or the Statewide Charter School
Board,
to provide
learning that will improve student achievement and as defined in the Elementary
and Secondary Education Act of 1965, as reauthorized by P.L. No. 114-95, also
known as the Every Student Succeeds Act.
2. A charter school may
consist of a new school site, new school sites, or all or any portion of an
existing school site. An entire school
district may not become a charter school site.
D.
1. For the purposes of the
Oklahoma Charter Schools Act, “conversion school” means a school created by
converting all or any part of a traditional public school in order to access
any or all flexibilities afforded to a charter school; provided, however, all
or any part of a traditional public school shall not be converted to a virtual
charter school.
2.
Prior to the board of education of a school district converting all or
any part of a traditional public school to a conversion school, the board shall
prepare a conversion plan. The conversion
plan shall include documentation that demonstrates and complies with paragraphs
1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 34, and 35 of
subsection B of Section 3-134 of Title 70 of the Oklahoma Statutes. The conversion plan and all documents shall
be in writing and shall be available to the public pursuant to the requirements
of the Oklahoma Open Records Act. All
votes by the board of education of a school district to approve a conversion
plan shall be held in an open public session.
If the board of education of a school district votes to approve a
conversion plan, the board shall notify the State Board of Education within
sixty (60) days after the vote. The
notification shall include a copy of the minutes for the board meeting at which
the conversion plan was approved.
3.
A conversion school shall comply with all the same accountability
measures as are required of a charter school as defined in subsection C of this
section. The provisions of Sections
3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply to a
conversion school. Conversion schools
shall comply with the same laws and State Board of Education rules relating to
student enrollment which apply to traditional public schools. Conversion schools shall be funded by the
board of education of the school district as a school site within the school
district and funding shall not be affected by the conversion of the school.
4.
The board of education of a school district may vote to revert a
conversion school back to a traditional public school at any time; provided,
the change shall only occur during a break between school years.
5.
Unless otherwise provided for in this subsection, a conversion school
shall retain the characteristics of a traditional public school.
E.
1. Beginning July 1, 2024, the
Statewide Charter School Board shall make publicly available a list of
supplemental online courses which have been reviewed and certified by the Board
to ensure that the courses are high-quality options and are aligned with the
subject matter standards adopted by the State Board of Education pursuant to
Section 11-103.6 of Title 70 of the Oklahoma Statutes. The Statewide Charter School Board shall give
special emphasis on listing supplemental online courses in science, technology,
engineering, and math (STEM), foreign language, and advanced placement
courses. School districts shall not be
limited to selecting supplemental online courses that have been reviewed and
certified by the Statewide Charter School Board and listed as provided for in
this paragraph.
2.
In conjunction with the Office of Management and Enterprise Services,
the Board shall negotiate and enter into contracts with supplemental online
course providers to offer a state rate price to school districts for
supplemental online courses that have been reviewed and certified by the
Statewide Charter School Board and listed as provided for in this subsection.
SECTION 3.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 3-132.3 of Title 70, unless
there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Statewide Charter School Board to be designated the “Statewide Charter
School Board Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Statewide Charter School Board from state
appropriations. All monies accruing to
the credit of the fund are hereby appropriated and may be budgeted and expended
by the Statewide Charter School Board for the purposes set forth in Section 2
of this act. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against claims filed
as prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
SECTION 4.
AMENDATORY 70 O.S. 2021,
Section 3-104, is amended to read as follows:
Section 3-104. A. The supervision of the public school system
of Oklahoma shall be vested in the State Board of Education and, subject to
limitations otherwise provided by law, the State Board of Education shall:
1.
Adopt policies and make rules for the operation of the public school
system of the state;
2.
Appoint, prescribe the duties, and fix the compensation of a
secretary, an attorney, and all other personnel necessary for the proper
performance of the functions of the State Board of Education. The secretary shall not be a member of the
Board;
3.
Submit to the Governor a departmental budget based upon major functions
of the Department as prepared by the State Superintendent of Public
Instruction and supported by detailed data on needs and proposed operations as
partially determined by the budgetary needs of local school districts filed
with the State Board of Education for the ensuing fiscal year. Appropriations therefor shall be made in
lump-sum form for each major item in the budget as follows:
a. State Aid to schools,
b. the
supervision of all other functions of general and special education including
general control, free textbooks, school lunch, Indian education, and all
other functions of the Board and an amount sufficient to adequately staff and
administer these services, and
c. the
Board shall determine the details by which the budget and the appropriations
are administered. Annually, the Board
shall make preparations to consolidate all of the functions of the Department
in such a way that the budget can be based on two items, administration and aid
to schools. A maximum amount for
administration shall be designated as a part of the total appropriation;
4.
On the first day of December preceding each regular session of the
Legislature, prepare and deliver to the Governor and the Legislature a report
for the year ending June 30 immediately preceding the regular session of the
Legislature. The report shall contain:
a. detailed
statistics and other information concerning enrollment, attendance,
expenditures including State Aid, and other pertinent data for all public
schools in this state,
b. reports
from each and every division within the State Department of Education as
submitted by the State Superintendent of Public Instruction and any
other division, department, institution, or other agency under the
supervision of the Board,
c. recommendations
for the improvement of the public school system of the state,
d. a
statement of the receipts and expenditures of the State Board of Education for
the past year, and
e. a
statement of plans and recommendations for the management and improvement of
public schools and such other information relating to the educational interests
of the state as may be deemed necessary and desirable;
5.
Provide for the formulation and adoption of curricula, courses of study,
and other instructional aids necessary for the adequate instruction of pupils
in the public schools;
6.
Have authority in matters pertaining to the licensure and certification
of persons for instructional, supervisory, and administrative positions
and services in the public schools of the state subject to the provisions of
Section 6-184 of this title, and shall formulate rules governing the issuance
and revocation of certificates for superintendents of schools, principals,
supervisors, librarians, clerical employees, school nurses, school bus drivers,
visiting teachers, classroom teachers, and for other personnel
performing instructional, administrative, and supervisory services, but
not including members of boards of education and other employees who do not
work directly with pupils, and may charge and collect reasonable fees for the
issuance of such certificates:
a. the
State Department of Education shall not issue a certificate to and shall revoke
the certificate of any person who has been convicted, whether upon a verdict or
plea of guilty or upon a plea of nolo contendere, or received a suspended
sentence or any probationary term for a crime or an attempt to commit a crime
provided for in Section 843.5 of Title 21 of the Oklahoma Statutes if the
offense involved sexual abuse or sexual exploitation as those terms are defined
in Section 1-1-105 of Title 10A of the Oklahoma Statutes, Section 741, 843.1,
if the offense included sexual abuse or sexual exploitation, 865 et seq., 885,
888, 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1114, or
1123 of Title 21 of the Oklahoma Statutes or who enters this state and who has
been convicted, received a suspended sentence, or received a deferred
judgment for a crime or attempted crime which, if committed or attempted in
this state, would be a crime or an attempt to commit a crime provided for in
any of said the laws,
b. all
funds collected by the State Department of Education for the issuance of
certificates to instructional, supervisory, and administrative personnel
in the public schools of the state shall be deposited in the “Teachers’ Certificate
Certification Fund” in the State Treasury and may be expended by the
State Board of Education to finance the activities of the State Department of
Education necessary to administer the program, for consultative services,
publication costs, actual and necessary travel expenses as provided in the
State Travel Reimbursement Act incurred by persons performing research work,
and other expenses found necessary by the State Board of Education for the improvement
of the preparation and certification of teachers in Oklahoma this
state. Provided, any unobligated
balance in the Teachers’ Certificate Certification Fund in excess
of Ten Thousand Dollars ($10,000.00) on June 30 of any fiscal year shall be
transferred to the General Revenue Fund of the State of Oklahoma this
state. Until July 1, 1997, the State
Board of Education shall have authority for approval of teacher education
programs. The State Board of Education
shall also have authority for the administration of teacher residency and
professional development, subject to the provisions of the Oklahoma Teacher
Preparation Act;
7. Promulgate rules
governing the classification, inspection, supervision, and accrediting
of all public nursery, kindergarten, elementary and secondary schools,
and on-site educational services provided by public school districts or
state-accredited private schools in partial hospitalization programs, day
treatment programs, and day hospital programs as defined in this act for
persons between the ages of three (3) and twenty-one (21) years of age in the
state. However, no school shall be
denied accreditation solely on the basis of average daily attendance.
Any school district which maintains
an elementary school and faces the necessity of relocating its school
facilities because of construction of a lake, either by state or federal
authority, which will inundate the school facilities, shall be entitled to
receive probationary accreditation from the State Board of Education for a
period of five (5) years after the effective date of this act June 12,
1975, and any school district, otherwise qualified, shall be entitled to
receive probationary accreditation from the State Board of Education for a
period of two (2) consecutive years to attain the minimum average daily
attendance. The Head Start and public
nurseries or kindergartens operated from Community Action Program Agency
funds shall not be subjected to the accrediting rules of the State Board of
Education. Neither will the State Board
of Education make rules affecting the operation of the public nurseries and
kindergartens operated from federal funds secured through Community Action Programs
Agencies even though they may be operating in the public schools of the
state. However, any of the Head Start or
public nurseries or kindergartens operated under federal regulations may make
application for accrediting from the State Board of Education but will be
accredited only if application for the approval of the programs is made. The status of no school district shall be
changed which will reduce it to a lower classification until due notice has
been given to the proper authorities thereof and an opportunity given to
correct the conditions which otherwise would be the cause of such reduction.
Private and parochial schools may be
accredited and classified in like manner as public schools or, if an
accrediting association is approved by the State Board of Education, by
procedures established by the State Board of Education to accept accreditation
by such accrediting association, if application is made to the State Board of
Education for such accrediting;
8. Be the legal agent of the
State of Oklahoma this state to accept, in its discretion, the
provisions of any Act of Congress appropriating or apportioning funds which are
now, or may hereafter be, provided for use in connection with any phase of the
system of public education in Oklahoma.
It shall prescribe such rules as it finds necessary to provide for the
proper distribution of such funds in accordance with the state and federal
laws;
9. Be and is specifically
hereby designated as the agency of this state to cooperate and deal with any
officer, board, or authority of the United States Government under any
law of the United States which may require or recommend cooperation with any
state board having charge of the administration of public schools unless
otherwise provided by law;
10. Be and is hereby
designated as the “State Educational Agency” referred to in Public Law 396 of
the 79th Congress of the United States, which law states that said the
act may be cited as the “National School Lunch Act”, and said the
State Board of Education is hereby authorized and directed to accept the terms
and provisions of said the act and to enter into such agreements,
not in conflict with the Constitution of Oklahoma or the Constitution and
Statutes of the United States, as may be necessary or appropriate to secure for
the State of Oklahoma this state the benefits of the school lunch
program established and referred to in said the act;
11. Have authority to
secure and administer the benefits of the National School Lunch Act, Public Law
396 of the 79th Congress of the United States, in the State of Oklahoma this
state and is hereby authorized to employ or appoint and fix the
compensation of such additional officers or employees and to incur such
expenses as may be necessary for the accomplishment of the above purpose,
administer the distribution of any state funds appropriated by the Legislature
required as federal matching to reimburse on children’s meals;
12. Accept and provide
for the administration of any land, money, buildings, gifts, donation,
or other things of value which may be offered or bequeathed to the schools
under the supervision or control of said the Board;
13. Have authority to
require persons having administrative control of all school districts in
Oklahoma to make such regular and special reports regarding the activities of
the schools in said the districts as the Board may deem needful
for the proper exercise of its duties and functions. Such authority shall include the right of the
State Board of Education to withhold all state funds under its control, to
withhold official recognition, including accrediting, until such
required reports have been filed and accepted in the office of said the
Board and to revoke the certificates of persons failing or refusing to make
such reports;
14. Have general
supervision of the school lunch program.
The State Board of Education may sponsor workshops for personnel and
participants in the school lunch program and may develop, print, and
distribute free of charge or sell any materials, books, and bulletins to
be used in such the school lunch programs. There is hereby created in the State Treasury
a revolving fund for the Board, to be designated the School Lunch Workshop
Revolving Fund. The fund shall consist
of all fees derived from or on behalf of any participant in any such workshop
sponsored by the State Board of Education, or from the sale of any materials,
books, and bulletins, and such funds shall be disbursed for
expenses of such workshops and for developing, printing, and
distributing of such the materials, books, and bulletins
relating to the school lunch program.
The fund shall be administered in accordance with Section 155 of Title
62 of the Oklahoma Statutes;
15. Prescribe all forms
for school district and county officers to report to the State Board of
Education where required. The State
Board of Education shall also prescribe a list of appropriation accounts by
which the funds of school districts shall be budgeted, accounted for,
and expended; and it shall be the duty of the State Auditor and Inspector in
prescribing all budgeting, accounting, and reporting forms for school
funds to conform to such lists;
16. Provide for the
establishment of a uniform system of pupil and personnel accounting, records,
and reports;
17. Have authority to
provide for the health and safety of school children and school personnel while
under the jurisdiction of school authorities;
18. Provide for the
supervision of the transportation of pupils;
19. Have authority, upon
request of the local school board, to act in behalf of the public schools of
the state in the purchase of transportation equipment;
20. Have authority and is
hereby required to perform all duties necessary to the administration of the
public school system in Oklahoma as specified in the Oklahoma School Code; and,
in addition thereto, those duties not specifically mentioned herein if not
delegated by law to any other agency or official;
21. Administer the State
Public Common School Building Equalization Fund established by Section 32 of
Article X of the Oklahoma Constitution.
Any monies as may be appropriated or designated by the Legislature,
other than ad valorem taxes, any other funds identified by the State Department
of Education, which may include, but not be limited to, grants-in-aid from the
federal government for building purposes, the proceeds of all property that
shall fall to the state by escheat, penalties for unlawful holding of real
estate by corporations, and capital gains on assets of the permanent school
funds, shall be deposited in the State Public Common School Building
Equalization Fund. The fund shall be
used to aid school districts and charter schools in acquiring buildings,
subject to the limitations fixed by Section 32 of Article X of the Oklahoma
Constitution. It is hereby declared that
the term “acquiring buildings” as used in Section 32 of Article X of the
Oklahoma Constitution shall mean acquiring or improving school sites,
constructing, repairing, remodeling, or equipping buildings, or
acquiring school furniture, fixtures, or equipment. It is hereby declared that the term “school
districts” as used in Section 32 of Article X of the Oklahoma Constitution
shall mean school districts and eligible charter schools as defined in
subsection B of this section. The State
Board of Education shall disburse redbud school grants annually from the State
Public Common School Building Equalization Fund to public schools and eligible
charter schools pursuant to subsection B of this section. The Board shall promulgate rules for the
implementation of disbursing redbud school grants pursuant to this
section. The State Board of Education
shall prescribe rules for making grants of aid from, and for otherwise
administering, the fund pursuant to the provisions of this paragraph, and may
employ and fix the duties and compensation of technicians, aides, clerks,
stenographers, attorneys, and other personnel deemed necessary to carry
out the provisions of this paragraph.
The cost of administering the fund shall be paid from monies
appropriated to the State Board of Education for the operation of the State
Department of Education. From monies
apportioned to the fund, the State Department of Education may reserve not more
than one-half of one percent (1/2 of 1%) for purposes of administering the
fund;
22. Recognize that the
Director of the Oklahoma Department of Corrections shall be the
administrative authority for the schools which are maintained in the state
reformatories and shall appoint the principals and teachers in such
schools. Provided, that rules of the
State Board of Education for the classification, inspection, and
accreditation of public schools shall be applicable to such schools; and such
schools shall comply with standards set by the State Board of Education; and
23. Have authority to
administer a revolving fund which is hereby created in the State Treasury, to
be designated the Statistical Services Revolving Fund. The fund shall consist of all monies received
from the various school districts of the state, the United States Government,
and other sources for the purpose of furnishing or financing statistical
services and for any other purpose as designated by the Legislature. The State Board of Education is hereby
authorized to enter into agreements with school districts, municipalities, the
United States Government, foundations, and other agencies or individuals
for services, programs, or research projects. The Statistical Services Revolving Fund shall
be administered in accordance with Section 155 of Title 62 of the Oklahoma
Statutes.
B. 1. The redbud school grants shall be determined
by the State Department of Education as follows:
a. divide
the county four-mill levy revenue by four to determine the nonchargeable county
four-mill revenue for each school district,
b. determine
the amount of new revenue generated by the five-mill building fund levy as
authorized by Section 10 of Article X of the Oklahoma Constitution for each
school district as reported in the Oklahoma Cost Accounting System for the
preceding fiscal year,
c. add
the amounts calculated in subparagraphs a and b of this paragraph to determine
the nonchargeable millage for each school district,
d. add
the nonchargeable millage in each district statewide as calculated in
subparagraph c of this paragraph and divide the total by the average daily
membership in public schools statewide based on the preceding school year’s
average daily membership, according to the provisions of Section 18-107 of this
title. This amount is the statewide
nonchargeable millage per student, known as the baseline local funding per
student,
e. all
eligible charter schools shall be included in these calculations as unique
school districts, separate from the school district that may sponsor the
eligible charter school, and the total number of districts shall be used to
determine the statewide average baseline local funding per student,
f. for
each school district or eligible charter school which is below the baseline
local funding per student, the Department shall subtract the baseline local
funding per student from the average nonchargeable millage per student of the
school district or eligible charter school to determine the nonchargeable
millage per student shortfall for each district, and
g. the
nonchargeable millage per student shortfall for a school district or eligible
charter school shall be multiplied by the average daily membership of the
preceding school year of the eligible school district or eligible charter
school. This amount shall be the redbud
school grant amount for the school district or eligible charter school.
2. For fiscal year 2022,
monies for the redbud school grants shall be expended from the funds
apportioned pursuant to Section 2 Section 426 of this
act Title 63 of the Oklahoma Statutes. For fiscal year 2023 and each subsequent
fiscal year, monies for the redbud school grants shall be appropriated pursuant
to Section 2 Section 426 of this act Title 63 of
the Oklahoma Statutes, not to exceed three-fourths (3/4) of the tax
collected in the preceding fiscal year pursuant to Section 426 of Title 63 of
the Oklahoma Statutes as determined by the Oklahoma Tax Commission. For fiscal year 2023 and each subsequent
fiscal year, if such appropriated funds are insufficient to fund the redbud
school grants, then an additional apportionment of funds shall be made from
sales tax collections as provided by subsection D of Section 3 Section
1353 of this act Title 68 of the Oklahoma Statutes. If both funds are insufficient, the
Department shall promulgate rules to permit a decrease to the baseline local
funding per student to the highest amount allowed with the funding available.
3. As used in this
section, “eligible charter school” shall mean a charter school which is sponsored
pursuant to the provisions of the Oklahoma Charter School Schools
Act. Provided, however, “eligible
charter school” shall not include a statewide virtual charter school
sponsored by the Statewide Virtual Charter School Board Statewide
Charter School Board but shall only include those which provide in-person
or blended instruction, as provided by Section 1-111 of this title, to not less
than two-thirds (2/3) of students as the primary means of instructional service
delivery.
4. The Department shall
develop a program to acknowledge the redbud school grant recipients and shall
include elected members of the Oklahoma House of Representatives and Oklahoma
State Senate who represent the school districts and eligible charter
schools.
5. The Department shall
create a dedicated page on its website listing annual redbud school grant
recipients, amount awarded to each recipient, and other pertinent
information about the Redbud School Funding Act.
6. The Department shall
provide the Chair chair of the House Appropriations and Budget
Committee and the Chair chair of the Senate Appropriations
Committee no later than February 1 of each year with an estimate of the
upcoming year’s redbud school grant allocation as prescribed by this section.
SECTION 5.
AMENDATORY 70 O.S. 2021,
Section 3-132, as amended by Section 1, Chapter 222, O.S.L. 2022 (70 O.S. Supp.
2022, Section 3-132), is amended to read as follows:
Section 3-132. A. The Oklahoma Charter Schools Act shall apply
only to charter schools formed and operated under the provisions of the
act. Charter schools shall be sponsored
only as follows:
1.
By any school district located in the State of Oklahoma this
state, provided such charter school shall only be located within the
geographical boundaries of the sponsoring district and subject to the
restrictions of Section 3-145.6 of this title;
2.
By a technology center school district if the charter school is
located in a school district served by the technology center school district in
which all or part of the school district is located in a county having more
than five hundred thousand (500,000) population according to the latest Federal
Decennial Census;
3.
By a technology center school district if the charter school is located
in a school district served by the technology center school district and the
school district has a school site that has been identified as in need of
improvement by the State Board of Education pursuant to the Elementary and
Secondary Education Act of 1965, as amended or reauthorized;
4. By an accredited
comprehensive or, regional, or two-year institution that
is a member of The Oklahoma State System of Higher Education or a community
college if the charter school is located in a school district in which all or
part of the school district is located in a county having more than five
hundred thousand (500,000) population according to the latest Federal Decennial
Census by a private institution of higher learning located within this
state that is accredited pursuant to Section 4103 of this title;
5.
By a comprehensive or regional institution that is a member of The
Oklahoma State System of Higher Education if the charter school is located in a
school district that has a school site that has been identified as in need of
improvement by the State Board of Education pursuant to the Elementary and
Secondary Education Act of 1965, as amended or reauthorized. In addition, the institution shall have a teacher
education program accredited by the Oklahoma Commission for Teacher Preparation
and have a branch campus or constituent agency physically located within the
school district in which the charter school is located in the State of
Oklahoma;
6. 3. By a federally
recognized Indian tribe, operating a high school under the authority of the
Bureau of Indian Affairs as of November 1, 2010, if the charter school is for
the purpose of demonstrating native language immersion instruction, and is
located within its former reservation or treaty area boundaries. For purposes of this paragraph, native
language immersion instruction shall require that educational instruction and
other activities conducted at the school site are primarily conducted in the
native language;
7.
By 4. Until June 30, 2023, by the State Board
of Education and beginning July 1, 2024, by the Statewide Charter School
Board when the applicant of the charter school is the Office of Juvenile
Affairs or the applicant has a contract with the Office of Juvenile Affairs and
the charter school is for the purpose of providing education services to youth
in the custody or supervision of the state.
Not more than two charter schools shall be sponsored by the Board as
provided for in this paragraph during the period of time beginning July 1, 2010,
through July 1, 2016;
8. 5. By a federally
recognized Indian tribe only when the charter school is located within the
former reservation or treaty area boundaries of the tribe on property held in
trust by the Bureau of Indian Affairs of the United States Department of the
Interior for the benefit of the tribe; or
9. 6. By the State
Board of Education when the applicant has first been denied a charter by the
local school district in which it seeks to operate Statewide Charter
School Board. In counties with a
population of fewer than five hundred thousand (500,000) population,
according to the latest Federal Decennial Census, the State Board of
Education Statewide Charter School Board shall not sponsor more than
five new charter schools per year each year for the first five
(5) years after the effective date of this act, with not more than one charter
school sponsored in a single school district per year. In order to authorize a charter school under
this section, the State Board of Education shall find evidence of all of the
following:
a. a
thorough and high-quality charter school application from the applicant based
on the authorizing standards in subsection B of Section 3-134 of this title,
b. a
clear demonstration of community support for the charter school, and
c. the
grounds and basis of objection by the school district for denying the operation
of the charter are not supported by the greater weight of evidence and the
strength of the application. Existing charter schools sponsored by the
Statewide Charter School Board shall not apply to the limits prescribed by this
paragraph.
B.
An eligible non-school-district sponsor shall give priority to opening
charter schools that serve at-risk student populations or students from
low-performing traditional public schools.
C.
An eligible non-school-district sponsor shall give priority to
applicants that have demonstrated a record of operating at least one school or
similar program that demonstrates academic success and organizational viability
and serves student populations similar to those the proposed charter school
seeks to serve. In assessing the
potential for quality replication of a charter school, a sponsor shall consider
the following factors before approving a new site or school:
1.
Evidence of a strong and reliable record of academic success based
primarily on student performance data, as well as other viable indicators,
including financial and operational success;
2.
A sound, detailed, and well-supported growth plan;
3.
Evidence of the ability to transfer successful practices to a
potentially different context that includes reproducing critical cultural,
organizational, and instructional characteristics;
4.
Any management organization involved in a potential replication is fully
vetted, and the academic, financial, and operational records of the
schools it operates are found to be satisfactory;
5.
Evidence the program seeking to be replicated has the capacity to do so
successfully without diminishing or putting at risk its current operations; and
6.
A financial structure that ensures that funds attributable to each
charter school within a network and required by law to be utilized by a school
remain with and are used to benefit that school.
D.
For purposes of the Oklahoma Charter Schools Act, “charter school” means
a public school established by contract with a board of education of a school
district, an area vocational-technical school district, a higher education
institution, a federally recognized Indian tribe, or the State Board of
Education pursuant to the Oklahoma Charter Schools Act to provide learning that
will improve student achievement and as defined in the Elementary and Secondary
Education Act of 1965, 20 U.S.C. 8065.
E.
1. For the purposes of the
Oklahoma Charter Schools Act, “conversion school” means a school created by
converting all or any part of a traditional public school in order to access
any or all flexibilities afforded to a charter school.
2.
Prior to the board of education of a school district converting all or
any part of a traditional public school to a conversion school, the board shall
prepare a conversion plan. The
conversion plan shall include documentation that demonstrates and complies with
paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 34
and 35 of subsection B of Section 3-134 of this title. The conversion plan and all documents shall
be in writing and shall be available to the public pursuant to the requirements
of the Oklahoma Open Records Act. All
votes by the board of education of a school district to approve a conversion
plan shall be held in an open public session.
If the board of education of a school district votes to approve a
conversion plan, the board shall notify the State Board of Education within
sixty (60) days after the vote. The
notification shall include a copy of the minutes for the board meeting at which
the conversion plan was approved.
3.
A conversion school shall comply with all the same accountability
measures as are required of a charter school as defined in subsection D of this
section. The provisions of Sections
3-140 and 3-142 of this title shall not apply to a conversion school. Conversion schools shall comply with the same
laws and State Board of Education rules relating to student enrollment which
apply to traditional public schools.
Conversion schools shall be funded by the board of education of the
school district as a school site within the school district and funding shall
not be affected by the conversion of the school.
4.
The board of education of a school district may vote to revert a
conversion school back to a traditional public school at any time; provided,
the change shall only occur during a break between school years.
5.
Unless otherwise provided for in this subsection, a conversion school
shall retain the characteristics of a traditional public school.
F. A charter school may
consist of a new school site, new school sites or all or any portion of an
existing school site. An entire school
district may not become a charter school site.
SECTION 6.
AMENDATORY 70 O.S. 2021,
Section 3-134, as amended by Section 2, Chapter 222, O.S.L. 2022 (70 O.S. Supp.
2022, Section 3-134), is amended to read as follows:
Section 3-134. A. For written applications filed after January
1, 2008 July 1, 2024, prior to submission of the application to a
proposed sponsor seeking to establish a charter school or to the Statewide Charter School Board to
establish a virtual charter school, the applicant shall be required to
complete training which shall not exceed ten (10) hours provided by the State
Department of Education Statewide Charter School Board on the
process and requirements for establishing a charter school or virtual
charter school. The sponsor of a charter
school that enters into a new or renewed sponsorship contract on or after July
1, 2024, shall be required to complete training provided by the Statewide
Charter School Board or an organization approved by the Statewide Charter
School Board on the oversight duties of the sponsor. The Department Board shall
develop and implement the training and publish a list of organizations
approved to provide training by January 1, 2008 July 1, 2024. The Department Board and
organizations approved by the Board may provide the training in any format
and manner that the Department determines determined to be
efficient and effective including, but not limited to, web-based training.
B. Except as otherwise
provided for in Section 3-137 of this title, an applicant seeking to establish
a virtual charter school shall submit a written application to the Statewide
Charter School Board, and an applicant seeking to establish a
charter school shall submit a written application to the proposed sponsor as prescribed
provided for in subsection E of this section. The application shall include:
1.
A mission statement for the charter school or virtual charter school;
2.
A description including, but not limited to, background information of
the organizational structure and the governing body board of the
charter school or virtual charter school;
3.
A financial plan for the first five (5) years of operation of the
charter school or virtual charter school and a description of the
treasurer or other officers or persons who shall have primary responsibility
for the finances of the charter school or virtual charter school. Such person shall have demonstrated
experience in school finance or the equivalent thereof;
4.
A description of the hiring policy of the charter school or virtual
charter school;
5.
The name of the applicant or applicants and requested sponsor;
6.
A description of the facility and location of the charter school;
7.
A description of the grades being served;
8.
An outline of criteria designed to measure the effectiveness of the
charter school or virtual charter school;
9.
A demonstration of support for the charter school from residents of
the school district which may include but is not limited to a survey of the
school district residents or a petition signed by residents of the school
district;
10.
Documentation that the applicants completed charter school
training as set forth in subsection A of this section;
11. 10. A description of the minimum and maximum
enrollment planned per year for each term of the charter contract;
12. 11. The proposed calendar for the charter school or
virtual charter school and sample daily schedule;
13. 12. Unless otherwise authorized by law or
regulation, a description of the academic program aligned with state standards;
14. 13. A description of the instructional design of
the charter school, or virtual charter school including the type
of learning environment, class size and structure, curriculum overview,
and teaching methods;
15. 14. The plan for using internal and external
assessments to measure and report student progress on the performance framework
developed by the applicant in accordance with subsection C of Section 3-135
Section 3-136 of this title;
16. 15. The plans for identifying and successfully
serving students with disabilities, students who are English language learners,
and students who are academically behind;
17. 16. A description of cocurricular or
extracurricular programs and how they will be funded and delivered;
18. 17. Plans and time lines for student recruitment
and enrollment, including lottery procedures;
19. 18. The student discipline policies for the
charter school, or virtual charter school including those for
special education students;
20. 19. An organizational chart that clearly presents
the organizational structure of the charter school or virtual charter school,
including lines of authority and reporting between the governing board, staff,
any related bodies such as advisory bodies or parent and teacher councils,
and any external organizations that will play a role in managing the school;
21. 20. A clear description of the roles and
responsibilities for the governing board, the leadership and management team
for the charter school or virtual charter school, and any other entities
shown in the organizational chart;
22. 21. The leadership and teacher employment
policies for the charter school or virtual charter school;
23. 22. Proposed governing bylaws;
24. 23. Explanations of any partnerships or
contractual partnerships central to the operations or mission of the charter
school or virtual charter school;
25. 24. The plans for providing transportation, food
service, and all other significant operational or ancillary services;
26. 25. Opportunities and expectations for parental
involvement;
27. 26. A detailed school start-up plan that identifies
tasks, time lines, and responsible individuals;
28. 27. A description of the financial plan and
policies for the charter school, or virtual charter school
including financial controls and audit requirements;
29. 28. A description of the insurance coverage the
charter school or virtual charter school will obtain;
30. 29. Start-up and five-year budgets with clearly
stated assumptions;
31. 30. Start-up and first-year cash-flow projections
with clearly stated assumptions;
32. 31. Evidence of anticipated fundraising
contributions, if claimed in the application;
33. 32. A sound facilities plan, including
backup or contingency plans if appropriate;
34. 33. A requirement that the charter school or
virtual charter school governing board meet at a minimum quarterly no
fewer than ten (10) months of the year in the state and that for those
charter schools outside of counties with a population of five hundred thousand
(500,000) or more, that a majority minimum of two (2)
members are residents within the geographic boundary of the sponsoring
entity charter school; and
35. 34. A requirement that the charter school or
virtual charter school follow the requirements of the Oklahoma Open Meeting
Act and Oklahoma Open Records Act; and
35.
A copy of any proposed contract between the governing board of a charter
school or virtual charter school and an educational management organization, as
defined by Section 5-200 of this title, which meets the requirements of the
Oklahoma Charter Schools Act.
C.
A board of education of a public school district, public body, public or
private college or university, private person, or private organization may
contract with a sponsor to establish a charter school or virtual charter
school. A private school shall not
be eligible to contract for a charter school or virtual charter school
under the provisions of the Oklahoma Charter Schools Act.
D.
The sponsor of a charter school is the board of education of a school
district, the board of education of a technology center school district,
a higher education institution, the State Board of Education, or a
private institution of higher learning accredited pursuant to Section 4103 of
this title, a federally recognized Indian tribe which meets the criteria
established in Section 3-132 of this title, or beginning July 1, 2024, the
Statewide Charter School Board. Any board
of education of a school district in the state sponsor authorized
pursuant to subsection A of Section 3-132 of this title may sponsor one or
more charter schools. The physical
location of a charter school sponsored by a board of education of a school
district or a technology center school district shall be within the
boundaries of the sponsoring school district.
The physical location of a charter school otherwise sponsored by
the State Board of Education Statewide Charter School Board
pursuant to paragraph 8 6 of subsection A of Section 3-132 of
this title shall be in the school district in which the application originated.
E.
1. Beginning July 1, 2024, any
application seeking to establish a charter school in this state shall be
submitted first to the school district in which the proposed charter school is
to be located. The school district board
of education shall approve or deny the application within sixty (60) days of
receipt of the application. If the
charter school application is denied, nothing shall prohibit an applicant from
submitting a revised application to the school district board of education,
which shall approve or deny the revised application within sixty (60) days of
receipt of the application.
2. An applicant for a
charter school that has been denied pursuant to paragraph 1 of this
subsection may submit an application to a proposed sponsor listed in
paragraphs 2 through 6 of subsection A of Section 3-132 of this title,
which shall either accept or reject sponsorship of the charter school within
ninety (90) days of receipt of the application.
If the proposed sponsor rejects the application, it shall notify the
applicant in writing of the reasons for the rejection. The applicant may submit a revised
application for reconsideration to the proposed sponsor within thirty (30) days
after receiving notification of the rejection.
The proposed sponsor shall accept or reject the revised application
within thirty (30) days of its receipt. Should
the sponsor reject the application on reconsideration, the applicant may appeal
the decision to the State Board of Education with the revised application for
review pursuant to paragraph 8 of subsection A of Section 3-132 of this
title. The State Board of Education
shall hear the appeal no later than sixty (60) days from the date received by
the Board.
3.
Beginning July 1, 2024, an applicant for a virtual charter school shall
submit an application to the Statewide Charter School Board, which shall either
accept or reject sponsorship of the virtual charter school within ninety (90)
days of receipt of the application. If
the application is rejected, the Statewide Charter School Board shall notify
the applicant in writing of the reasons for the rejection. The applicant may submit a revised
application for reconsideration to the Statewide Charter school Board within
thirty (30) days after receiving notification of the rejection. The Statewide Charter School Board shall
accept or reject the revised application within thirty (30) days of its
receipt.
F.
A board of education of a school district, board of education of a
technology center school district, a higher education institution, a
private institution of higher learning accredited pursuant to Section 4103 of
this title, or a federally recognized Indian tribe sponsor of a
charter school shall notify the State Board of Education and the
Statewide Charter School Board when it accepts sponsorship of a charter
school. The notification shall include a
copy of the charter of the charter school.
G. Applicants for charter
schools and virtual charter schools proposed to be sponsored by an
entity other than a school district pursuant to paragraph 1 of subsection A of
Section 3-132 of this title the Statewide Charter School Board may,
upon rejection of the a revised application, proceed to binding
arbitration under the commercial rules of the American Arbitration Association
with costs of the arbitration to be borne by the proposed sponsor applicant. Applicants for charter schools proposed to
be sponsored by school districts pursuant to paragraph 1 of subsection A of
Section 3-132 of this title may not proceed to binding arbitration but may be
sponsored by the State Board of Education as provided in paragraph 8 of
subsection A of Section 3-132 of this title.
H.
If a board of education of a technology center school district school
district, a higher education institution, the State Board of Education
a private institution of higher learning accredited pursuant to Section 4103
of this title, or a federally recognized Indian tribe accepts sponsorship
of a charter school, the administrative, fiscal, and oversight
responsibilities of the technology center school district school
district, the higher education institution, the private institution of
higher learning accredited pursuant to Section 4103 of this title, or the
federally recognized Indian tribe shall be listed in the contract. No administrative, fiscal, or oversight
responsibilities of a charter school shall be delegated to a school
district unless the local school district agrees to enter into a
contract to assume the responsibilities.
I.
A sponsor of a public charter school shall have the following powers and
duties over charter schools it sponsors, and the Statewide Charter School
Board shall have the following powers and duties over the charter schools and
virtual charter schools it sponsors:
1.
Provide services and oversight of the operations of charter
schools or virtual charter schools in the state through annual
performance reviews of charter schools and reauthorization of charter
schools for which it is a sponsor;
2.
Solicit and evaluate charter applications;
3.
Approve quality charter applications that meet identified educational
needs and promote a diversity of educational choices;
4.
Decline to approve weak or inadequate charter applications;
5.
Negotiate and execute sound charter contracts with each approved public
charter school or virtual charter school;
6.
Approve or deny proposed contracts between the governing board of a
charter school or virtual charter school and an educational management
organization, as defined by section 5-200 of this title;
7. Monitor, in accordance
with charter contract terms, the performance and legal compliance of charter
schools and virtual charter schools; and
7. 8. Determine
whether each charter contract merits renewal, nonrenewal, or revocation.
J.
Sponsors shall establish a procedure for accepting, approving,
and disapproving charter school applications in accordance with subsection E of
this section. The Statewide Charter
School Board shall post its application, application process, and application
time frames on the Board’s website.
K.
Sponsors including the Statewide Charter School Board shall be
required to develop and maintain chartering policies and practices
consistent with recognized principles and standards for quality charter authorizing
as established by the State Department of Education sponsoring in
all major areas of authorizing sponsoring responsibility,
including organizational capacity and infrastructure, soliciting and evaluating
charter school and virtual charter school applications, performance
contracting, ongoing charter school and virtual charter school oversight
and evaluation, and charter contract renewal decision-making.
L.
Sponsors acting in their official capacity shall be immune from civil
and criminal liability with respect to all activities related to a charter
school with which they contract.
SECTION 7.
AMENDATORY 70 O.S. 2021,
Section 3-136, is amended to read as follows:
Section 3-136. A. A Beginning July 1, 2024, a written
contract entered into between the Statewide Charter School Board and the
governing board of a charter school or statewide virtual charter school
or a written contract entered into between a sponsor and the governing board of
a charter school shall adopt a charter which will ensure compliance
with the following:
1.
A Except as provided for in the Oklahoma Charter Schools Act,
a charter school and virtual charter school shall be exempt from all statutes
and rules relating to schools, boards of education, and school districts;
provided, however, a charter school or virtual charter school shall
comply with all federal regulations and state and local rules and statutes
relating to health, safety, civil rights, and insurance. By January 1, 2000, the State Department of
Education shall prepare a list of relevant rules and statutes which a charter
school and virtual charter school must comply with as required by this
paragraph and shall annually provide an update to the list;
2.
A charter school shall be nonsectarian in its programs, admission
policies, employment practices, and all other operations. A sponsor may not authorize a charter school
or program that is affiliated with a nonpublic sectarian school or religious
institution;
3.
The charter contract shall provide a description of the educational
program to be offered. A charter
school or virtual charter school may provide a comprehensive program of
instruction for a prekindergarten program, a kindergarten program, or
any grade between grades one and twelve.
Instruction may be provided to all persons between the ages of
four (4) and twenty-one (21) years of age. A charter school or virtual charter school
may offer a curriculum which emphasizes a specific learning philosophy or style
or certain subject areas such as mathematics, science, fine arts, performance
arts, or foreign language. The charter
of a charter school or virtual charter school which offers grades nine
through twelve shall specifically address whether the charter school or
virtual charter school will comply with the graduation requirements
established in Section 11-103.6 of this title.
No charter school shall be chartered for the purpose of offering a
curriculum for deaf or blind students that is the same or similar to the
curriculum being provided by or for educating deaf or blind students that are
being served by the Oklahoma School for the Blind or the Oklahoma School for
the Deaf;
4.
A charter school or virtual charter school shall participate in
the testing as required by the Oklahoma School Testing Program Act and the
reporting of test results as is required of a school district. A charter school or virtual charter school
shall also provide any necessary data to the Office of Accountability within
the State Department of Education;
5.
Except as provided for in the Oklahoma Charter Schools Act and its
charter, a charter school shall be exempt from all statutes and rules relating
to schools, boards of education, and school districts;
6. A charter school, to
the extent possible, or virtual charter school shall be subject to
the same reporting requirements, financial audits, audit procedures, and audit
requirements as a school district. The
State Department of Education or State Auditor and Inspector may conduct
financial, program, or compliance audits.
The Statewide Charter School Board may request that the State Auditor
and Inspector conduct a financial, program, or compliance audit for any charter
school or virtual charter school it oversees. A charter school or virtual charter school
shall use the Oklahoma Cost Accounting System to report financial transactions
to the sponsoring school district State Department of Education. The charter school or virtual charter school
shall be subject to the limitations on spending, including provisions of the
Oklahoma Constitution, for any funds received from the state, either through
the State Department of Education or other sources;
7. 6. A charter
school or virtual charter school shall comply with all federal and state
laws relating to the education of children with disabilities in the same manner
as a school district;
8. 7. A charter
school or virtual charter school shall provide for a governing body
board for the school which shall be responsible for the policies and
operational decisions of the charter school or virtual charter school. All of the charter school or virtual charter
school governing board members shall be residents of this state and shall meet
no fewer than ten (10) months of the year in a public meeting within the
boundaries of the school district in which the charter school is located or
within this state if the governing board oversees multiple charter schools in
this state or oversees a virtual charter school. The governing board of a charter school or
virtual charter school shall be subject to the same conflict of interest
requirements as a member of a school district board of education including but
not limited to Sections 5-113 and 5-124 of this title. Members appointed to the governing board of a
charter school or virtual charter school shall be subject to the same
instruction and continuing education requirements as a member of a school
district board of education and pursuant to Section 5-110 of this title shall
complete twelve (12) hours of instruction within fifteen (15) months of
appointment to the governing board and pursuant to Section 5-110.1 of this
title shall attend continuing education;
9. 8. A charter
school or virtual charter school shall not be used as a method of
generating revenue for students who are being home schooled and are not being
educated at an organized charter school site or by a virtual charter school;
10. 9. A charter school may or virtual
charter school shall be as equally free and open to all students as traditional
public schools and shall not charge tuition or fees;
11. 10. A charter school or virtual charter school
shall provide instruction each year for at least the number of days or hours
required in Section 1-109 of this title;
12. 11. A charter school or virtual charter school
shall comply with the student suspension requirements provided for in Section
24-101.3 of this title;
13. 12. A charter school or virtual charter school
shall be considered a school district for purposes of tort liability under The
Governmental Tort Claims Act;
14. 13. Employees of a charter school or virtual
charter school may participate as members of the Teachers’ Retirement
System of Oklahoma in accordance with applicable statutes and rules if
otherwise allowed pursuant to law;
15. 14. A charter school or virtual charter school
may participate in all health and related insurance programs available to the
employees of the sponsor of the charter school a public school
district;
16. 15. A charter school or virtual charter school
and their respective governing boards shall comply with the Oklahoma Open
Meeting Act and the Oklahoma Open Records Act;
17. 16. The governing body board of a
charter school or virtual charter school shall be subject to the same
conflict of interest requirements as a member of a local school board notify
the sponsor within ten (10) business days in the instance of any significant
adverse actions, material findings of noncompliance, or pending actions, claims,
or proceedings in this state relating to the charter school, the virtual
charter school, or an educational management organization with which the
charter school or virtual charter school has a contract; and
18. 17. No later than September 1 each year, the
governing board of each charter school or virtual charter school formed
pursuant to the Oklahoma Charter Schools Act shall prepare a statement of
actual income and expenditures for the charter school or virtual charter
school for the fiscal year that ended on the preceding June 30, in a manner
compliant with Section 5-135 of this title.
The statement of expenditures shall include functional categories as
defined in rules adopted by the State Board of Education to implement the
Oklahoma Cost Accounting System pursuant to Section 5-145 of this title. Charter schools and virtual charter
schools shall not be permitted to submit estimates of expenditures or
prorated amounts to fulfill the requirements of this paragraph; and
18.
A charter school or virtual charter school contract shall include
performance provisions based on a performance framework that clearly sets forth
the academic and operational performance indicators that shall be used by
charter school and virtual charter school sponsors to evaluate their respective
schools. The sponsor may develop a
separate performance framework to evaluate a charter school or virtual charter
school that has been designated by the State Department of Education as
implementing an alternative education program throughout the school. The sponsor shall require a charter school or
virtual charter school to submit the data required in this subsection in the
identical format that is required by the State Department of Education of all
public schools in order to avoid duplicative administrative efforts or allow a
charter school or virtual charter school to provide permission to the
Department to share all required data with the Board. The performance framework shall serve as the
minimum requirement for charter school and virtual charter school performance
evaluation and shall include, but not be limited to, the following indicators:
a. student academic
proficiency,
b. student academic
growth,
c. achievement gaps in
both proficiency and growth between major student subgroups,
d. student attendance,
e. recurrent enrollment
from year to year as determined by the methodology used for public schools in
Oklahoma,
f. in the case of high
schools, graduation rates as determined by the methodology used for public
schools in Oklahoma,
g. in the case of high
schools, postsecondary readiness,
h. financial performance
and sustainability and compliance with state and Internal Revenue Service
financial reporting requirements,
i. audit findings or
deficiencies,
j. accreditation and
timely reporting,
k. governing board
performance and stewardship including compliance with all applicable laws,
regulations, and terms of the charter contract, and
l. mobility of student
population for the virtual charter school framework.
The sponsor including the Statewide Charter School Board shall
annually evaluate its charter schools or virtual charter schools according to
the performance framework. The results
of the evaluation shall be presented to the governing board of the charter
school or virtual charter school and the governing board of the charter school
sponsor in an open meeting.
B.
An applicant or the governing board of an applicant may hold one or
more charter contracts. Each charter
school or virtual charter school that is part of a charter contract shall be
separate and distinct from any other charter school or virtual charter
school. For the purposes of this
subsection, “separate and distinct” shall mean that a charter school or virtual
charter school governing board with oversight of more than one charter school
or virtual charter school shall not combine accounting, budgeting,
recordkeeping, admissions, employment, or policies and operational decisions of
the charter schools or virtual charter schools it oversees.
C. The charter contract
of a charter school or virtual charter school shall include a
description of the personnel policies, personnel qualifications, and method of
school governance, and the specific role and duties of the sponsor of the
charter school. A charter school
or virtual charter school shall not enter into an employment contract with any
teacher or other personnel until a contract has been executed with its
sponsor. The employment contract shall
set forth the personnel policies of the charter school or virtual charter
school including, but not limited to, policies related to certification,
professional development, evaluation, suspension, dismissal and
nonreemployment, sick leave, personal business leave, emergency leave, and
family and medical leave. The contract
shall also specifically set forth the salary, hours, fringe benefits, and work
conditions. The contract may provide for
employer-employee bargaining, but the charter school or virtual charter school
shall not be required to comply with the provisions of Sections 509.1 through
509.10 of this title.
Upon contracting with any teacher or
other personnel, the governing board of a charter school or virtual charter
school shall, in writing, disclose employment rights of the employees in the
event the charter school or virtual charter school closes or the charter
contract is not renewed.
No charter school or virtual charter
school may begin serving students without a contract executed in accordance
with the provisions of the Oklahoma Charter Schools Act and approved in an open
meeting of the governing board of the sponsor or the Statewide Charter School
Board. The governing board of the
sponsor or the Statewide Charter School Board may establish reasonable
preopening requirements or conditions to monitor the start-up progress of newly
approved charter schools or virtual charter schools and ensure that each
brick-and-mortar school is prepared to open smoothly on the date agreed and to
ensure that each school meets all building, health, safety, insurance, and
other legal requirements for the opening of a school.
C. D. The charter of
a charter school or virtual charter school may be amended at the request
of the governing body board of the charter school or virtual
charter school and upon the approval of the sponsor.
D. E. A charter
school or virtual charter school may enter into contracts and sue and be
sued.
E. F. The governing body
board of a charter school may or virtual charter school shall
not levy taxes or issue bonds. A
school district that proposes a bond shall include any charter school
established pursuant to subsection A of Section 3-132 of this title and located
within the school district in planning conversations regarding the bond.
F. G. The charter of
a charter school or virtual charter school shall include a provision
specifying the method or methods to be employed for disposing of real and
personal property acquired by the charter school or virtual charter school
upon expiration or termination of the charter or failure of the charter school or
virtual charter school to continue operations. Except as otherwise provided, any real or
personal property purchased with state or local funds shall be retained by the sponsoring
school district sponsor. If a
charter school that was previously sponsored by the board of education of a
school district continues operation within the school district under a new
charter sponsored by an entity authorized pursuant to Section 3-132 of this
title, the charter school may retain any personal property purchased with state
or local funds for use in the operation of the charter school until termination
of the new charter or failure of the charter school to continue operations.
SECTION 8.
AMENDATORY 70 O.S. 2021, Section
3-137, is amended to read as follows:
Section 3-137. A. An approved An initial contract
for between a charter school or virtual charter school and its
sponsor approved on or after July 1, 2024, shall be effective for five (5)
years from the first day of operation. A
After completing an initial five-year term, a charter contract may be
renewed for successive five-year up to ten-year terms of
duration, although the sponsor may vary the term based on the performance,
demonstrated capacities, and particular circumstances of each charter
school or virtual charter school.
A sponsor may grant renewal with specific conditions for necessary
improvements to a charter school or virtual charter school.
B. Prior to the beginning
of the fourth final year of operation the contract term
of a charter school or virtual charter school, the sponsor shall issue a
charter school performance report and charter renewal application
guidance to the charter school and the charter school its
governing board or the virtual charter school and its governing board. The performance report shall summarize the
performance record to date of the charter school, or virtual charter
school based on the data required by the Oklahoma Charter Schools Act,
the annual performance framework evaluation, a review of the contract with an
educational management organization if the charter school or virtual charter
school contracts with an educational management organization, and the
charter contract and taking.
The performance review shall take into consideration the percentage
of at-risk students enrolled in the charter school or virtual charter
school, and. The performance
report shall provide notice of any weaknesses or, concerns,
violations, or deficiencies perceived by the sponsor concerning the charter
school or virtual charter school that may jeopardize its position in
seeking renewal if not timely rectified.
The If there are weaknesses, concerns, violations, or
deficiencies the sponsor may require a charter school or virtual charter school
to develop a corrective action plan and corresponding timeline to remedy any
weaknesses, concerns, violations, or deficiencies. If the sponsor requires a corrective action
plan, the charter school or virtual charter school shall have
forty-five (45) days to respond to the performance report and submit any
corrections or clarifications for the report.
If the charter school or virtual charter school does not
substantially complete the corrective action plan, the sponsor may choose to
revoke or not renew the charter contract pursuant to the requirements of this
section.
C. 1. Prior to the beginning of the fifth final
year of operation a charter contract term, the charter school or
virtual charter school may apply for renewal of the contract with the
sponsor including the Statewide Charter School Board. The renewal application guidance shall, at a
minimum, provide an opportunity for the charter school or virtual charter
school to:
a. present
additional evidence, beyond the data contained in the performance report,
supporting its case for charter renewal,
b. describe
improvements undertaken or planned for the school, and
c. detail
the plan for the next charter term for the school.
2. The renewal
application guidance shall include or refer explicitly to the criteria that
will guide the renewal decisions of the sponsor, which shall be based on the
performance framework set forth in the charter contract and consistent with the
Oklahoma Charter Schools Act.
D. The sponsor may deny
the request for renewal if it determines the charter school or virtual
charter school has failed to complete the obligations of the contract or
comply with the provisions of the Oklahoma Charter Schools Act. A sponsor shall give written notice of its
intent to deny the request for renewal at least eight (8) months prior to
expiration of the contract. In making
charter renewal decisions, a sponsor shall:
1. Ground decisions on
evidence of the performance of the charter school or virtual charter
school over the term of the charter contract in accordance with the
performance framework set forth in the charter contract and shall take into
consideration the percentage of at-risk students enrolled in the school;
2. Grant renewal to charter
schools or virtual charter schools that have achieved the standards,
targets, and performance expectations as stated in the charter contract
and are organizationally and fiscally viable and have been faithful to the
terms of the contract and applicable law;
3. Ensure that data used
in making renewal decisions are available to the school and the public; and
4. Provide a public
report summarizing the evidence used as the basis for each decision.
E.
If a sponsor the Statewide Charter School Board denies a
request for renewal, the governing board of the sponsor Board
may, if requested by the charter school or virtual charter school,
proceed to binding arbitration as provided for in subsection G of Section 3-134
of this title.
F.
A sponsor may terminate a contract during the term of the contract for
failure to meet the requirements for student performance contained in the
contract and performance framework, failure to meet the standards of
fiscal management, violations of the law, or other good cause. The sponsor shall give at least ninety (90)
days’ written notice to the governing board of the charter school or virtual
charter school prior to terminating the contract. The governing board may request, in writing,
an informal hearing before the sponsor within fourteen (14) days of receiving
notice. The sponsor shall conduct an
informal hearing before taking action. If
a sponsor decides to terminate a contract, the governing board may, if
requested by the charter school, proceed to binding arbitration as provided for
in subsection G of Section 3-134 of this title.
G.
Beginning July 1, 2024, and subject to the provisions of this
section, a charter school sponsor authorized by subsection A of Section 3-132
of this title with a charter contract that includes more than one charter
school site may terminate or not renew a charter school contract for a specific
charter school site.
H. 1. Beginning in the 2016-2017 school year, the
State Board of Education shall identify charter schools and virtual charter
schools in the state that are ranked in the bottom five percent (5%) of all
public schools as determined pursuant to Section 1210.545 of this title.
2. At the time of its
charter renewal, based on an average of the current year and the two (2) prior
operating years, a sponsor may close a charter school site or virtual
charter school identified as being among the bottom five percent (5%) of
public schools in the state. The average
of the current year and two (2) prior operating years shall be calculated by
using the percentage ranking for each year divided by three, as determined by
this subsection.
3.
If there is a change to the calculation described in Section 1210.545 of
this title that results in a charter school site or virtual charter school
that was not ranked in the bottom five percent (5%) being ranked in the bottom
five percent (5%), then the sponsor shall use the higher of the two rankings to
calculate the ranking of the charter school site or virtual charter school.
4. In the event that a
sponsor fails to close a charter school site consistent with this subsection,
the sponsor shall appear before the State Board of Education to provide support
for its decision. The State Board of Education
may, by majority vote, uphold or overturn the decision of the sponsor. If the decision of the sponsor is overturned
by the State Board of Education, the Board may implement one of the following
actions:
a. transfer the sponsorship of the charter school identified in
this paragraph to another sponsor,
b. order the closure of
the charter school identified in this paragraph at the end of the current
school year, or
c. order the reduction
of any administrative fee collected by the sponsor that is applicable to the
charter school identified in this paragraph.
The reduction shall become effective at the beginning of the month
following the month the hearing of the sponsor is held by the State Board of
Education.
5. A charter school or virtual charter school
that is closed by the State Board of Education its sponsor
pursuant to paragraph 4 of this subsection shall not be granted a subsequent
charter by any other sponsor contract.
6. 5. The
requirements of this subsection shall not apply to a charter school or
virtual charter school that has been designated by the State Department of
Education as implementing an alternative education program throughout the
charter school.
7. 6. In making a charter school site or
virtual charter school closure decision, the State Board of Education
sponsor shall consider the following:
a. enrollment
of students with special challenges such as drug or alcohol addiction, prior
withdrawal from school, prior incarceration, or other special
circumstances,
b. high
mobility of the student population resulting from the specific purpose of the
charter school or virtual charter school,
c. annual
improvement in the performance of students enrolled in the charter school or
virtual charter school compared with the performance of students enrolled
in the charter school or virtual charter school in the immediately
preceding school year, and
d. whether
a majority of students attending the charter school or virtual charter
school under consideration for closure would likely revert to attending
public schools with lower academic achievement, as demonstrated pursuant to
Section 1210.545 of this title.
8. 7. If the State Board of Education has closed
or transferred authorization of at least twenty-five percent (25%) of the
charter schools chartered by one sponsor are closed within a five-year
period pursuant to paragraph 4 of this subsection, the authority of
the sponsor to authorize sponsor new charter schools may be
suspended by the Board Statewide Charter School Board until the
Board approves the sponsor to authorize sponsor new charter
schools. A determination under made
pursuant to this paragraph to suspend the authority of a sponsor to
authorize new charter schools shall identify the deficiencies that, if
corrected, will result in the approval of the sponsor to authorize sponsor
new charter schools.
H. I. If a sponsor
terminates a contract or the charter school or virtual charter school is
closed, the closure shall be conducted in accordance with the following
protocol:
1.
Within two (2) calendar weeks of a final closure determination, the
sponsor shall meet with the governing board and leadership of the charter
school or virtual charter school to establish a transition team composed
of school staff, applicant staff, and others designated by the applicant
that will attend to the closure, including the transfer of students, student
records, and school funds;
2.
The sponsor and transition team shall communicate regularly and
effectively with families of students enrolled in the charter school or
virtual charter school, as well as with school staff and other
stakeholders, to keep them apprised of key information regarding the closure of
the school and their options and risks;
3.
The sponsor and transition team shall ensure that current instruction of
students enrolled in the charter school or virtual charter school
continues per the charter agreement contract for the remainder of
the school year;
4.
The sponsor and transition team shall ensure that all necessary and
prudent notifications are issued to agencies, employees, insurers, contractors,
creditors, debtors, and management organizations; and
5.
The governing board of the charter school or virtual charter school
shall continue to meet as necessary to take actions needed to wind down school
operations, manage school finances, allocate resources, and facilitate
all aspects of closure.
I. J. A sponsor including
the Statewide Charter School Board shall develop revocation and nonrenewal
processes that are consistent with the Oklahoma Charter Schools Act and that:
1.
Provide the charter school or virtual charter school with a
timely notification of the prospect of revocation or nonrenewal and of the
reasons for possible closure;
2.
Allow the charter school or virtual charter school a reasonable
amount of time in which to prepare a response;
3.
Provide the charter school or virtual charter school with an
opportunity to submit documents and give testimony in a public hearing
challenging the rationale for closure and in support of the continuation of the
school at an orderly proceeding held for that purpose and prior to taking any
final nonrenewal or revocation decision related to the school;
4.
Allow the charter school or virtual charter school access to
representation by counsel to call witnesses on its behalf;
5.
Permit the recording of the proceedings; and
6.
After a reasonable period for deliberation, require a final
determination be made and conveyed in writing to the charter school or
virtual charter school.
J. K. If a sponsor revokes
or does not renew a charter contract, the sponsor shall clearly state in
a resolution the reasons for the revocation or nonrenewal. If a charter is revoked or nonrenewed, the
charter school or virtual charter school shall disclose the revocation or
nonrenewal in any subsequent application.
K. 1. Before a sponsor may issue a charter to a
charter school governing body that has had its charter terminated or has been
informed that its charter will not be renewed by the current sponsor, the
sponsor shall request to have the proposal reviewed by the State Board of
Education at a hearing. The State Board
of Education shall conduct a hearing in which the sponsor shall present
information indicating that the proposal of the organizer is substantively different
in the areas of deficiency identified by the current sponsor from the current
proposal as set forth within the charter with its current sponsor.
2. After the State Board
of Education conducts a hearing pursuant to this subsection, the Board shall either
approve or deny the proposal.
3. If the proposal is
denied, no sponsor may issue a charter to the charter school governing body.
L.
If a charter contract is not renewed, the governing board of the
charter school may submit an application to a proposed new sponsor as provided
for in Section 3-134 of this title.
M.
If a charter contract is not renewed or is terminated according
to this section, a student who attended the charter school or virtual
charter school may enroll in the resident school district of the student or
may apply for a transfer in accordance with Section 8-103 of this title the
Education Open Transfer Act.
SECTION 9.
AMENDATORY 70 O.S. 2021,
Section 3-139, is amended to read as follows:
Section 3-139. A. A
sponsoring school district shall determine whether a teacher who is employed by
or teaching at a charter school or virtual charter school and who was
previously employed as a teacher at the sponsoring public school district shall
not lose any right of salary status or any other benefit provided by law due to
teaching at a charter school or virtual charter school upon returning to
the sponsoring public school district to teach.
B.
A teacher who is employed by or teaching at a charter school or
virtual charter school and who submits an employment application to the
school district where the teacher was employed immediately before employment by
or at a charter school or virtual charter school shall be given
employment preference by the school district if:
1.
The teacher submits an employment application to the school district no
later than three (3) years after ceasing employment with the school district;
and
2.
A suitable position is available at the school district.
SECTION 10.
AMENDATORY 70 O.S. 2021,
Section 3-140, is amended to read as follows:
Section 3-140. A. Except for a charter school sponsored by
the State Board of Education, a A charter school with a
brick-and-mortar school site or sites shall enroll those students whose
legal residence is within the boundaries of the school district in which the
charter school is located and who submit a timely application, or those
students who transfer to the district in which the charter school is
located in accordance with Section 8-103 or 8-104 of this title the
Education Open Transfer Act, unless the number of applications exceeds the
capacity of a program, class, grade level, or building. Students who reside in a school district
where a charter school is located shall not be required to obtain a transfer in
order to attend a charter school in the school district of residence. If capacity is insufficient to enroll all
eligible students, the charter school shall select students through a lottery
selection process. Except for a
charter school sponsored by the State Board of Education, a A
charter school shall give enrollment preference to eligible students who reside
within the boundaries of the school district in which the charter school is
located. Except for a charter school
sponsored by the State Board of Education, a charter school created after
November 1, 2010, shall give enrollment preference to eligible students who
reside within the boundaries of the school district in which the charter school
is located and who attend a school site that has been identified as in need
of improvement by the State Board of Education pursuant to the Elementary and
Secondary Education Act of 1965, as amended or reauthorized. A charter school may limit admission to
students within a given age group or grade level. A charter school sponsored by the State
Board of Education Statewide Charter School Board when the applicant
of the charter school is the Office of Juvenile Affairs shall limit admission
to youth that are in the custody or supervision of the Office of Juvenile
Affairs.
B. Except for a
charter school sponsored by the State Board of Education, a A
brick-and-mortar charter school shall admit students who reside in the
attendance area of a school or in a school district that is under a court order
of desegregation or that is a party to an agreement with the United States
Department of Education Office for Civil Rights directed towards mediating
alleged or proven racial discrimination unless notice is received from the
resident school district that admission of the student would violate the court
order or agreement.
C.
A brick-and-mortar charter school may designate a specific
geographic area within the school district in which the charter school is
located as an academic enterprise zone and may limit admissions to students who
reside within that area. An academic
enterprise zone shall be a geographic area in which sixty percent (60%) or more
of the children who reside in the area qualify for the free or reduced school
lunch program.
D.
Except as provided in subsections B and C of this section, a charter
school or virtual charter school shall not limit admission based on
ethnicity, national origin, gender, income level, disabling condition,
proficiency in the English language, measures of achievement, aptitude, or
athletic ability.
E.
A sponsor of a charter school shall not restrict the number of students
a charter school may enroll, and the Statewide Charter School Board shall
not restrict the number of students a virtual charter school or charter school
may enroll. The capacity of the
a charter school or virtual charter school shall be determined annually
quarterly by the governing board of the charter school based on the
ability of the charter school to facilitate the academic success of the
students, to achieve the other objectives specified in the charter contract,
and to ensure that the student enrollment does not exceed the capacity of its
facility or site or virtual charter school pursuant to the provisions of
the Education Open Transfer Act.
F.
Beginning July 1, 2024, each statewide virtual charter school which has
been approved and sponsored by the Statewide Charter School Board or any
virtual charter school for which the Board has assumed sponsorship as provided
for in Section 1 of this act shall be considered a statewide virtual charter
school and the geographic boundaries of each statewide virtual charter school
shall be the borders of the state.
H.
Beginning July 1, 2024, students enrolled full-time in a statewide
virtual charter school sponsored by the Statewide Charter School Board shall
not be authorized to participate in any activities administered by the Oklahoma
Secondary School Activities Association.
However, the students may participate in intramural activities sponsored
by a statewide virtual charter school, an online provider for the charter
school, or any other outside organization.
I.
1. Beginning July 1, 2024, a
public school student who wishes to enroll in a virtual charter school shall be
considered a transfer student from his or her resident school district. A virtual charter school shall pre-enroll any
public school student whose parent or legal guardian expresses intent to enroll
in the virtual charter school. Upon
pre-enrollment, the State Department of Education shall initiate a transfer on
a form to be completed by the receiving virtual charter school. Upon approval of the receiving virtual
charter school, the student may begin instructional activities. Upon notice that a public school student has
transferred to a virtual charter school, the resident school district shall
transmit the student’s records within three (3) school days.
2.
The State Department of Education shall notify the Legislature and
Governor if it determines that the information technology infrastructure
necessary to process the transfer of students to a virtual charter school is
inadequate and additional time is needed for implementation.
3.
A public school student may transfer to one statewide virtual charter
school at any time during a school year.
For purposes of this subsection, “school year” shall mean July 1 through
the following June 30. After one
statewide virtual charter school transfer during a school year, no public
school student shall be permitted to transfer to any other statewide virtual
charter school without the concurrence of both the resident school district and
the receiving virtual charter school. A
student shall have a grace period of fifteen (15) school days from the first
day of enrollment in a statewide virtual charter school to withdraw without
academic penalty and shall continue to have the option of one virtual charter
school transfer without the concurrence of both the resident school district
and the receiving virtual charter school during that same school year. A statewide virtual charter school student
that has utilized the allowable one transfer pursuant to this subsection shall
not be permitted to transfer to another school district or another statewide
virtual charter school without first notifying his or her resident district and
initiating a new transfer. Upon
cancellation of a transfer, the virtual charter school shall transmit the
student’s records to the student’s new school district within three (3) school
days. Students enrolled in a statewide
virtual charter school shall not be required to submit a virtual charter transfer
for consecutive years of enrollment. Any
student enrolled in a statewide virtual charter school the year prior to the
implementation of this section shall not be required to submit a transfer in
order to remain enrolled.
J.
1. Beginning July 1, 2024, a
student shall be eligible to enroll in a statewide virtual charter school
sponsored by the Statewide Charter School Board pursuant to Section 1 of this
act if he or she is a student whose parent or legal guardian is transferred or
is pending transfer to a military installation within this state while on
active military duty pursuant to an official military order.
2.
A statewide virtual charter school shall accept applications by
electronic means for enrollment and course registration for students described
in paragraph 1 of this subsection.
3.
The parent or legal guardian of a student described in paragraph 1 of
this subsection shall provide proof of residence in this state within ten (10)
days after the published arrival date provided on official documentation. A parent or legal guardian may use the
following addresses as proof of residence:
a. a temporary on-base
billeting facility,
b. a purchased or leased
home or apartment, or
c. federal government or
public-private venture off-base military housing.
4.
The provisions of paragraph 3 of subsection I shall apply to students
described in paragraph 1 of this subsection.
5.
For purposes of this subsection:
a. “active military
duty” means full-time military duty status in the active uniformed service of
the United States including members of the National Guard and Military Reserve
on active duty orders, and
b. “military
installation” means a base, camp, post, station, yard, center, homeport
facility for any ship, or other installation under the jurisdiction of the
Department of Defense or the United States Coast Guard.
SECTION 11.
AMENDATORY 70 O.S. 2021,
Section 3-142, is amended to read as follows:
Section 3-142. A. The student membership and attendance of the
a charter school shall be considered separate from the student
membership and attendance of the sponsor for the purpose of calculating
enrollment and funding including weighted average daily membership pursuant to
Section 18-201.1 of this title and State Aid pursuant to Section 18-200.1 of
this title. A charter school shall
receive the State Aid allocation, federal funds to which it is eligible and
qualifies for, and any other state-appropriated revenue generated by its
students for the applicable year. Not
more than three percent (3%) of the State Aid allocation may be charged by the
sponsor as a fee for administrative services rendered if the sponsor is a
school district, a comprehensive or regional institution of higher education, a
two-year college, a private institution of higher learning accredited pursuant
to Section 4103 of this title, or a federally recognized Indian tribe pursuant
to Section 3-132 of this title. The
Statewide Charter School Board shall not charge any charter school or virtual
charter school a fee for administrative or other services. The State Board of Education State
Department of Education shall determine the policy and procedure for making
payments to a charter school or virtual charter school. The fee for administrative services as
authorized in this subsection shall only be assessed on the State Aid
allocation amount and shall not be assessed on any other appropriated
amounts. A sponsor of a charter school
shall not charge any additional State Aid allocation or charge the charter
school any additional fee above the amounts allowed by this subsection unless
the additional fees are for additional services rendered. The charter school sponsor shall provide to
the State Department of Education financial records documenting any state funds
charged by the sponsor for administrative services rendered for the previous
year.
B.
The fee for administrative services authorized by subsection A of
this section shall be used by the sponsor to provide oversight and services to
the charter schools it sponsors. The
State Department of Education shall develop data codes for the Oklahoma Cost
Accounting System which shall be used to comply with the administrative
services reporting required by this section.
A charter school sponsor shall publish a detailed report on its website
and present the report in a public meeting of the charter school governing
board and the charter school sponsor governing board. The report shall provide sponsor performance
and stewardship including compliance with all applicable laws, regulations, and
terms of the charter contract and listing expenses related to oversight and
services provided by the sponsor to the charter schools it sponsors.
1.
The weighted average daily membership for the first year of operation of
a charter school shall be determined initially by multiplying the actual
enrollment of students as of August 1 by 1.333.
The charter school shall receive revenue equal to that which would be
generated by the estimated weighted average daily membership calculated
pursuant to this paragraph. At midyear,
the allocation for the charter school shall be adjusted using the first quarter
weighted average daily membership for the charter school calculated pursuant to
subsection A of this section.
2. C. For the
purpose of calculating weighted average daily membership pursuant to Section
18-201.1 of this title and State Aid pursuant to Section 18-200.1 of this
title, the weighted average daily membership for the first year of operation and
each year thereafter of a charter school or full-time statewide
virtual charter school sponsored by the Statewide Virtual Charter School
Board shall be determined by multiplying the actual enrollment of students
as of August 1 by 1.333. The full-time
charter school or virtual charter school shall receive revenue equal to
that which would be generated by the estimated weighted average daily
membership calculated pursuant to this paragraph. At midyear, the allocation for the full-time
statewide charter school or virtual charter school shall be adjusted
using the first quarter weighted average daily membership for the charter
school or virtual charter school calculated pursuant to subsection A of
this section.
C. D. Except as
explicitly authorized by state law, a charter school or virtual charter
school shall not be eligible to receive state-dedicated, local, or
county revenue; provided, a charter school or virtual charter school may
be eligible to receive any other aid, grants, or revenues allowed to
other schools. A charter school or
virtual charter school shall be considered a local education agency for
purposes of funding.
D. E. Any unexpended
funds received by a charter school or virtual charter school may be
reserved and used for future purposes.
The governing body board of a charter school or virtual
charter school shall not levy taxes or issue bonds. If otherwise allowed by law, the governing body
board of a charter school or virtual charter school may enter
into private contracts for the purposes of borrowing money from lenders. If the governing body board of
the charter school or virtual charter school borrows money, the charter
school or virtual charter school shall be solely responsible for
repaying the debt, and the state or the sponsor shall not in any way be
responsible or obligated to repay the debt.
E. F. Any charter
school or virtual charter school which chooses to lease property shall
be eligible to receive current government lease rates.
F. G. Except as otherwise provided in this
subsection, each charter school shall pay to the Charter School Closure
Reimbursement Revolving Fund created in subsection G H of this
section an amount equal to Five Dollars ($5.00) per student based on average
daily membership, as defined by paragraph 2 of Section 18-107 of this title,
during the first nine (9) weeks of the school year. Each charter school shall complete the payment
every school year within thirty (30) days after the first nine (9) weeks of the
school year. If the Charter School
Closure Reimbursement Revolving Fund has a balance of One Million Dollars
($1,000,000.00) or more on July 1, no payment shall be required the following
school year.
G. H. There is
hereby created in the State Treasury a revolving fund for the State
Department of Education Statewide Charter School Board to be
designated the “Charter School Closure Reimbursement Revolving Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies received by
the State Department of Education Statewide Charter School Board
from charter schools as provided in subsection F G of this
section. All monies accruing to the
credit of said the fund are hereby appropriated and may be
budgeted and expended by the State Department of Education Statewide
Charter School Board for the purpose of reimbursing charter school
sponsors for costs paying for expenditures incurred due to the
closure of a charter school.
Expenditures from said the fund shall be made upon
warrants issued by the State Treasurer against claims filed as prescribed by
law with the Director of the Office of Management and Enterprise Services for
approval and payment. The State
Department of Education may promulgate rules regarding sponsor eligibility for
reimbursement.
SECTION 12.
AMENDATORY 70 O.S. 2021,
Section 3-143, is amended to read as follows:
Section 3-143. The State Board of Education Statewide
Charter School Board shall issue an annual report to the Legislature and
the Governor outlining the status of charter schools and virtual charter
schools in the state. Each charter
school and virtual charter school shall annually file a report with the Office
of Accountability. The report Statewide
Charter School Board that shall include such information as requested by the
Office of Accountability, Board including but not limited to
information on enrollment, testing, curriculum, finances, and employees.
SECTION 13.
AMENDATORY 70 O.S. 2021,
Section 3-144, is amended to read as follows:
Section 3-144. A. There is hereby created in the State Treasury
a fund to be designated the “Charter Schools Incentive Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies appropriated by the
Legislature, gifts, grants, devises, and donations from any public or
private source. The State Department
of Education Statewide Charter School Board shall administer the
fund for the purpose of providing financial support to charter school and
virtual charter school applicants and charter schools and virtual
charter schools for start-up costs and costs associated with renovating or
remodeling existing buildings and structures for use by a charter school. The State Department of Education Statewide
Charter School Board is authorized to allocate funds on a per-pupil basis
for purposes of providing matching funds for the federal State Charter School
Facilities Incentive Grants Program created pursuant to the No Child Left
Behind Act, 20 USCA, Section 7221d.
B.
The State Board of Education Statewide Charter School Board
shall adopt rules to implement the provisions of this section, including
application and notification requirements.
SECTION 14.
AMENDATORY 70 O.S. 2021,
Section 3-145.5, as amended by Section 2, Chapter 153, O.S.L. 2022 (70 O.S.
Supp. 2022, Section 3-145.5), is amended to read as follows:
Section 3-145.5. A. Notwithstanding any other provision of law,
beginning July 1, 2014, no school district shall enter into a virtual charter
school contract with a provider to provide full-time virtual education to
students who do not reside within the school district boundaries.
B.
Effective July 1, 2014, the Statewide Virtual Charter School Board shall
succeed to any contractual rights and responsibilities incurred by a school
district in a virtual charter school contract executed prior to January 1,
2014, with a provider to provide full-time virtual education to students who do
not reside within the school district boundaries. All property, equipment, supplies, records,
assets, current and future liability, encumbrances, obligations, and
indebtedness associated with the contract shall be transferred to the Statewide
Virtual Charter School Board.
Appropriate conveyances and other documents shall be executed to
effectuate the transfer of any property associated with the contract. Upon succession of the contract, the Board
shall assume sponsorship of the virtual charter school for the remainder of the
term of the contract. Prior to the end
of the current term of the contract, the Board shall allow the provider of the
virtual charter school to apply for renewal of the contract with the Board in
accordance with the renewal procedures established pursuant to Section 3-145.3
of this title.
SECTION 15.
AMENDATORY 70 O.S. 2021,
Section 3-145.7, is amended to read as follows:
Section 3-145.7. There
A. Until July 1, 2024, there is
hereby created in the State Treasury a revolving fund for the Statewide Virtual
Charter School Board to be designated the “Statewide Virtual Charter School
Board Revolving Fund”. The fund shall be
a continuing fund, not subject to fiscal year limitations, and shall consist of
all monies received by the Statewide Virtual Charter School Board from State
Aid pursuant to Section 3-145.3 of Title 70 of the Oklahoma Statutes this
title or any other state appropriation.
All monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Statewide Virtual Charter School Board
for the purpose of supporting the mission of the Statewide Virtual Charter
School Board. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against claims filed
as prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
B.
On July 1, 2024, the Statewide Virtual Charter School Board shall
transfer any unencumbered funds in the Statewide Virtual Charter School Board
Revolving Fund to the Statewide Charter School Board Revolving Fund created
pursuant to Section 3 of this act. Any
funds which are unexpended on January 1, 2025, shall be transferred to the
Statewide Charter School Board Revolving Fund.
SECTION 16.
AMENDATORY 70 O.S. 2021,
Section 3-145.8, is amended to read as follows:
Section 3-145.8. A. It shall be the duty of each virtual charter
school approved and sponsored by the Statewide Virtual School Board pursuant
to the provisions of Section 3-145.3 of Title 70 of the Oklahoma Statutes Statewide
Charter School Board to keep a full and complete record of the attendance
of all students enrolled in the virtual charter school in one of the student
information systems approved by the State Department of Education and locally
selected by the virtual school from the approved list.
B.
By July 1, 2020, the governing body board of each virtual
charter school shall adopt an attendance policy. The policy may allow attendance to be a
proportional amount of the required attendance policy provisions based upon the
date of enrollment of the student. The
attendance policy shall include the following provisions:
1.
The first date of attendance and membership shall be the first date the
student completes an instructional activity.
2.
A student who attends a virtual charter school shall be considered in
attendance for a quarter if the student:
a. completes
instructional activities on no less than ninety percent (90%) of the days
within the quarter,
b. is
on pace for on-time completion of the course as defined by the governing board
of the virtual charter school, or
c. completes
no less than seventy-two instructional activities within the quarter of the
academic year.
3.
For a student who does not meet any of the criteria set forth in
paragraph 1 or 2 of this subsection, the amount of attendance recorded shall be
the greater of:
a. the
number of school days during which the student completed the instructional
activities during the quarter,
b. the
number of school days proportional to the percentage of the course that has
been completed, or
c. the
number of school days proportional to the percentage of the required minimum
number of completed instructional activities during the quarter.
C.
For the purposes of this section, “instructional activities” shall
include instructional meetings with a teacher, completed assignments that are
used to record a grade for a student that is factored into the student’s grade
for the semester during which the assignment is completed, testing and,
school-sanctioned field trips, and orientation.
D. Each statewide virtual
charter school approved and sponsored by the Statewide Virtual Charter
School Board pursuant to the provisions of Section 3-145.3 of this title Statewide
Charter School Board shall offer a student orientation, notify the parent
or legal guardian and each student who enrolls in that school of the
requirement to participate in the student orientation, and require all students
enrolled to complete the student orientation prior to completing any other
instructional activity. The Statewide
Virtual Charter School Board Statewide Charter School Board shall
promulgate rules to develop materials for orientation.
E.
Any student that is behind pace and does not complete an instructional
activity for a fifteen-school-day period shall be withdrawn for truancy. The virtual charter school shall submit a
notification to the parent or legal guardian of a student who has been
withdrawn for truancy or is approaching truancy.
F.
A student who is reported for truancy two times in the same school year
shall be withdrawn and prohibited from enrolling in the same virtual charter
school for the remainder of the school year.
G.
The governing body board of each statewide virtual charter
school shall develop, adopt, and post on the school’s website a policy
regarding consequences for a student’s failure to attend school and complete
instructional activities. The policy
shall state, at a minimum, that if a student fails to consistently attend
school and complete instructional activities after receiving a notification
pursuant to subsection E of this section and reasonable intervention strategies
have been implemented, a student shall be subject to certain consequences
including withdrawal from the school for truancy.
H.
If a statewide virtual charter school withdraws a student pursuant to
subsections F and G of this section, the virtual charter school shall
immediately notify the student’s resident district in writing of the student’s
disenrollment.
I.
The provisions of subsections F, G and H of this section shall not be
in effect until the implementation of subsection H of Section 3-145.3 of this
title.
J. The Statewide Virtual
Charter School Board Statewide Charter School Board may promulgate
rules to implement the provisions of this section.
SECTION 17.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 3-145.9 of Title 70, unless
there is created a duplication in numbering, reads as follows:
Beginning with the 2024-2025 school
year, members of a charter school sponsor governing board shall designate a
representative from the board to complete an annual sponsor workshop
requirement provided by the Statewide Charter School Board. The sponsor workshop shall include, but not
be limited to, information regarding the Oklahoma Charter Schools Act, charter
school governance, Internal Revenue Service rules for nonprofits, and school
finance laws.
SECTION 18. AMENDATORY 70 O.S. 2021, Section 5-200, is amended to
read as follows:
Section 5-200. A. As used in this section, “educational
management organization” means a for-profit or nonprofit organization that
receives public funds to provide administration and management services for a
charter school, statewide virtual charter school, or traditional public
school.
B. A charter school,
virtual charter school, or public school that contracts with an educational
management organization shall use the Oklahoma Cost Accounting System (OCAS) to
report the total amount paid to an educational management organization pursuant
to the terms of the contract as well as actual itemized expenditure
information for the goods or services provided by the management organization
as defined by OCAS expenditure codes, including the total compensation
package of the superintendent including the base salary, insurance, retirement,
and other fringe benefits.
C. Any Pursuant
to Internal Revenue Service guidelines, any owner of an educational
management organization shall be required to disclose to the governing board of
the school, charter school, or virtual charter school in a public
meeting any ownership position in any business that contracts or proposes to
contract with the same public school that the educational management
organization is managing.
D.
Whenever any person shall enter into a contract with any school district
or, public charter school, or virtual charter school in
the state to teach in such the school district or public
charter school, the contract shall be binding on the teacher and on
the board of education until the teacher legally has been discharged from the
teaching position or released by the board of education from the contract. Except as provided in Section 5-106A of Title
70 of the Oklahoma Statutes this title, until such the
teacher has been thus discharged or released, the teacher shall not have
authority to enter into a contract with any other board of education in Oklahoma
this state for the same time covered by the original contract. If upon written complaint by the board of
education in of a school district, public charter
school, or virtual charter school any teacher is reported to have failed to
obey the terms of the contract previously made and to have entered into a
contract with another board of education, including a public charter school
board of education, without having been released from the former contract
except as provided in Section 5-106A of Title 70 of the Oklahoma Statutes
this title, the teacher, upon being found to be employed full-time for
another public school, including a public charter school in the state,
at a hearing held before the State Board of Education, shall have such
teacher’s certificate suspended for the remainder of the term for which the
contract was made.
SECTION 19.
AMENDATORY 70 O.S. 2021,
Section 18-124, is amended to read as follows:
Section 18-124. A. Any school district with an average daily
attendance (ADA) of more than one thousand five hundred (1,500) students for
the preceding year which expends for administrative services in the 2005-06
school year or any school year thereafter, less expenditures for legal
services, more than five percent (5%) of the amount it expends for total
expenditures, less expenditures for legal services, shall have the amount which
exceeds the five percent (5%) withheld the following year from the Foundation
and Salary Incentive Aid for the school district.
B.
Any school district with an average daily attendance (ADA) of more than
five hundred (500) students but not more than one thousand five hundred (1,500)
students for the preceding year which expends for administrative services in
the 2005-06 school year or any school year thereafter, less expenditures for
legal services, more than seven percent (7%) of the amount it expends for total
expenditures, less expenditures for legal services, shall have the amount which
exceeds the seven percent (7%) withheld the following year from the Foundation
and Salary Incentive Aid for the school district.
C.
Any school district with an average daily attendance (ADA) of five
hundred (500) or fewer students for the preceding year which expends for
administrative services in the 2005-06 school year or any school year
thereafter, less expenditures for legal services, more than eight percent (8%)
of the amount it expends for total expenditures, less expenditures for legal
services, shall have the amount which exceeds the eight percent (8%) withheld
the following year from the Foundation and Salary Incentive Aid for the school
district.
D.
The provisions of this section shall apply to school districts,
charter schools, and virtual charter schools which contract with an educational
management organization as defined in Section 5-200 of this title. The expenditure limits shall not exceed the
percentages prescribed in subsections A, B, and C of this section, and the
calculation of administrative services for schools which contract with an
educational management organization shall be the combined amount of
administrative services expended by the school and the educational management
organization.
E. For purposes of this
section, “administrative services” means costs associated with:
1.
Staff for the board of education;
2.
The secretary/clerk for the board of education;
3.
Staff relations;
4.
Negotiations staff;
5.
Immediate staff of the superintendent, any elementary superintendent,
or any assistant superintendent;
6.
Any superintendent, elementary superintendent, or assistant
superintendent;
7.
Any employee of a school district employed as a director, coordinator,
supervisor, or who has responsibility for administrative functions of a school
district; and
8.
Any consultant hired by the school district; and
9.
Administrative services paid to an educational management organization
as defined in Section 5-200 of this title.
E. F. If an employee
of a school district is employed in a position where part of the employee’s
time is spent as an administrator and part of the time is spent in nonadministrative
functions, the percentage of time spent as an administrator shall be included
as administrative services. A
superintendent who spends part of the time performing exempted
nonadministrative services such as teaching in the classroom, serving as a
principal, counselor, or library media specialist, can code up to forty percent
(40%) of their salary to other nonadministrative functions. The total amount of time a superintendent of
a school district spends performing services for a school district shall be
included as administrative services even if part of the time the superintendent
is performing nonexempted nonadministrative service functions. The total amount received by a superintendent
from the school district as salary, for the performance of administrative and
nonexempted nonadministrative services, shall be recorded under the code for
superintendent salary as provided for in the Oklahoma Cost Accounting System.
F. G. Each school
site within a school district shall take steps to ensure that the
administrative costs for the school comply with the expenditure limits
established for school districts in this section.
G. H. Funds withheld
pursuant to the provisions of this section shall be distributed through the
State Aid formula to the districts not so penalized.
H. I. For the
2003-04 and 2004-05 school year, school districts shall report to the State
Department of Education the costs associated with administrative services for
the school district as defined in subsection D E of this section.
SECTION 20.
AMENDATORY 70 O.S. 2021,
Section 1210.704, is amended to read as follows:
Section 1210.704. A. Beginning with the 2024–2025 school year, all
public high schools in this state shall make a minimum of four advanced
placement courses available to students.
B. Local School
district boards of education in each district shall be responsible
for ensuring annually that all high school students have access to advanced
placement courses beginning in the 2024-2025 school year. Such access may be provided through
enrollment in courses offered through:
1. A school site or sites
within the district;
2. A career and
technology institution technology center school within the district;
3. A An online
learning program offered by the Statewide Virtual Charter School Board
Statewide Charter School Board or one of its vendors; or
4. A school site or sites
in another school district.
C. The Statewide
Virtual Charter School Board Statewide Charter School Board shall
maintain an online learning platform to provide high quality online learning
opportunities for Oklahoma students that are aligned with the subject matter
standards adopted by the State Board of Education pursuant to Section 11-103.6
of Title 70 of the Oklahoma Statutes this title. The Board shall implement online courses,
with an emphasis on science, technology, engineering, and math (STEM) courses,
foreign language courses, and advanced placement courses. The online platform shall be available to all
Oklahoma school districts.
D. The State Department
of Education shall provide information to all local boards of education,
to be distributed to their students and parents, on available opportunities and
the enrollment process for students to take advanced placement courses. The information shall explain the value of
advanced placement courses in preparing students for postsecondary-level
coursework, enabling students to gain access to postsecondary opportunities,
and qualifying for scholarships and other financial aid opportunities.
E. The State Department
of Education shall retain records of which options outlined in subsection B of
this section local boards of education selected for their students and
make the information available on the Department’s website.
F. As used in this
section, “advanced placement course” shall have the same meaning as provided in
paragraph 1 of Section 1210.702 of Title 70 of the Oklahoma Statutes this
title.
SECTION 21.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 3-145.10 of Title 70, unless
there is created a duplication in numbering, reads as follows:
The provisions of the Oklahoma
Charter Schools Act are severable and if any part or provision shall be held
void, the decision of the court so holding shall not affect or impair any of
the remaining parts or provisions of the Oklahoma Charter Schools Act.
SECTION 22.
REPEALER 70 O.S. 2021,
Sections 3-135, 3-145.1, 3-145.2, 3-145.3, and 3-145.4, are hereby repealed.
SECTION 23.
Sections 1, 2, 3, and 21 of this act shall become effective September 1,
2023.
SECTION 24.
Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,
and 22 of this act shall become effective July 1, 2024.
Passed the Senate the 25th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 25th day of May, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of
___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________