1| SENATE FLOOR VERSION |
| February 21, 2023 |
2| |
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3|COMMITTEE SUBSTITUTE |
|FOR |
4|SENATE BILL NO. 516 By: Pugh of the Senate |
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5| and |
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6| Echols of the House |
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7| |
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8| An Act relating to charter schools; creating the |
| Statewide Charter School Board; providing authority |
9| of board beginning on certain date; providing for |
| membership; requiring initial appointments by certain |
10| date; providing terms of members; providing for |
| annual election of chair and vice chair; providing |
11| for removal of members; providing for filling of |
| vacancies; prohibiting certain legislators from |
12| serving as members; providing for travel |
| reimbursement; requiring first meeting to be held by |
13| certain date; providing for frequency of meetings; |
| specifying quorum requirements; requiring virtual |
14| charter schools to only be sponsored by the Statewide |
| Charter School Board beginning on certain date; |
15| abolishing the Statewide Virtual Charter School Board |
| upon certain date; providing for succession to |
16| certain rights, responsibilities, and agreements |
| executed prior to certain date; providing for |
17| transfer of powers, duties, personnel, property, and |
| other items; directing the Director of the Office of |
18| Management and Enterprise Services to coordinate |
| certain transfers; providing for succession of |
19| certain contracts; providing for virtual charter |
| school sponsorship contract renewal; providing for |
20| enforceability of certain administrative rules; |
| granting rulemaking authority; providing for |
21| succession to certain rights, responsibilities, and |
| agreements executed by the State Board of Education |
22| prior to certain date; directing Statewide Charter |
| School Board to assume certain sponsorships; |
23| providing for certain sponsorship renewal; permitting |
| certain charter schools to apply for sponsorship |
24| renewal with the Statewide Charter School Board; |
| establishing powers and duties of the Statewide |
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1| Charter School Board; reserving certain powers and |
| duties for the State Board of Education; defining |
2| terms; providing for preparation of a conversion |
| plan; providing for contents of plan; exempting |
3| conversion schools from certain laws; providing for |
| funding of conversion schools; describing process for |
4| conversion school reversion; requiring Board to make |
| publicly available a list of certain courses |
5| beginning on certain date; directing the Board, in |
| certain conjunction, to negotiate and enter into |
6| contracts with certain providers; creating the |
| Statewide Charter School Board Revolving Fund; |
7| specifying sources of fund; providing for |
| expenditures; providing purpose of fund; amending 70 |
8| O.S. 2021, Section 3-104, which relates to powers and |
| duties of the State Board of Education; updating |
9| statutory references; modifying reference from the |
| Statewide Virtual Charter School Board to the |
10| Statewide Charter School Board; amending 70 O.S. |
| 2021, Sections 3-132, as amended by Section 1, |
11| Chapter 222, O.S.L. 2022 (70 O.S. Supp. 2022, Section |
| 3-132), 3-134, as amended by Section 2, Chapter 222, |
12| 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, |
13| which relate to implementation of the Oklahoma |
| Charter Schools Act; modifying eligibility of certain |
14| entities to sponsor charter schools; updating |
| statutory language; exempting certain charter schools |
15| from certain limitation; striking duplicative |
| language; transferring certain training duty from the |
16| State Department of Education to the Statewide |
| Charter School Board; requiring training after |
17| certain date for certain sponsors; establishing |
| deadline for training development and implementation; |
18| modifying application process and contents for |
| certain schools; removing references to charter |
19| schools sponsored by certain entities; requiring |
| certain charter application to be submitted first to |
20| certain school district; removing certain appeals |
| process; prohibiting delegation of certain |
21| responsibilities to a school district without a |
| contract; providing for powers and duties of charter |
22| school and virtual charter school sponsors; requiring |
| Statewide Charter School Board to post certain |
23| information on its website; modifying contents of |
| certain written contracts beginning on certain date; |
24| directing certain charter schools to be separate and |
| distinct; defining term; modifying language regarding |
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1| employment contracts; prohibiting certain schools |
| from serving certain students without certain |
2| contract; authorizing sponsor to establish certain |
| requirements or conditions for certain schools; |
3| updating references; directing certain charter |
| schools to be included in certain bond planning |
4| conversations; providing for increase in length of |
| certain charter contracts; prescribing a performance |
5| report prior to the final year of a charter contract |
| renewal; permitting sponsor to require charter school |
6| to develop certain corrective action plan; |
| authorizing nonrenewal of contract in certain cases; |
7| removing requirement of sponsor to appear before the |
| State Board of Education in certain circumstances; |
8| requiring certain school to disclose revocation or |
| nonrenewal in a subsequent application; including |
9| virtual charter schools in teacher salary and hiring |
| provisions; updating statutory language; prescribing |
10| geographic boundaries for virtual charter schools; |
| prohibiting certain students from participating in |
11| certain activities; designating certain students as |
| transfer students; prescribing process for enrollment |
12| in virtual charter school; requiring transmission of |
| student records within certain time period; directing |
13| certain notification if technology infrastructure is |
| inadequate; prescribing limitation of student |
14| transfers; defining term; prohibiting additional |
| transfer without certain concurrence; providing a |
15| grace period for withdrawal; requiring certain |
| notification; providing for transfer for students who |
16| have a parent or guardian in the military; |
| prescribing process for transfer; defining terms; |
17| prohibiting the Statewide Charter School Board from |
| charging a fee for administrative or other services; |
18| specifying how sponsor fee is to be used; directing |
| development of certain data codes for reporting |
19| expenditures; requiring sponsor to publish certain |
| report on its website and present report in certain |
20| meeting; modifying language regarding calculation of |
| certain weighted average daily membership; updating |
21| statutory language; transferring oversight authority |
| of the Charter School Closure Reimbursement Revolving |
22| Fund; reassigning duty to submit certain annual |
| report; modifying authority over the Charter Schools |
23| Incentive Fund; amending 70 O.S. 2021, Sections |
| 3-145.5, as amended by Section 2, Chapter 153, O.S.L. |
24| 2022 (70 O.S. Supp. 2022, Section 3-145.5), 3-145.7, |
| and 3-145.8, which relate to virtual charter schools; |
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1| removing outdated language; granting Statewide |
| Virtual Charter School Board authority over certain |
2| revolving fund until certain date; transferring funds |
| to certain revolving fund on certain date; updating |
3| statutory references; requiring sponsor governing |
| board to designate representative to complete annual |
4| sponsor workshop requirement; amending 70 O.S. 2021, |
| Section 5-200, which relates to management |
5| organizations; updating statutory language; requiring |
| amounts paid to certain organizations be pursuant to |
6| contract terms; mandating disclosure pursuant to |
| certain guidelines; updating statutory citations; |
7| amending 70 O.S. 2021, Section 18-124, which relates |
| to limitations on administrative services |
8| expenditures; providing applicability of limitation |
| to certain schools; clarifying calculation for |
9| specified schools; modifying definition; amending 70 |
| O.S. 2021, Section 1210.704, which relates to the |
10| provision of advanced placement courses; updating |
| statutory language; repealing 70 O.S. 2021, Sections |
11| 3-135, 3-145.1, 3-145.2, 3-145.3, and 3-145.4, which |
| relate to sponsor contract guidelines, meetings, and |
12| rule promulgation of the Statewide Virtual Charter |
| School Board; providing for codification; and |
13| providing effective dates. |
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14| |
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15| |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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17| SECTION 1. NEW LAW A new section of law to be codified |
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18|in the Oklahoma Statutes as Section 3-132.1 of Title 70, unless |
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19|there is created a duplication in numbering, reads as follows: |
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20| A. There is hereby created the Statewide Charter School Board. |
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21|Beginning July 1, 2024, the Board shall have the sole authority to |
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22|sponsor statewide virtual charter schools in this state and may |
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23|sponsor charter schools in this state. The Board shall be composed |
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24|of nine (9) voting members as follows: |
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1| 1. Three members appointed by the Governor; |
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2| 2. Two members appointed by the President Pro Tempore of the |
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3|Senate; |
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4| 3. Two members appointed by the Speaker of the House of |
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5|Representatives; |
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6| 4. The Superintendent of Public Instruction or his or her |
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7|designee; and |
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8| 5. The State Auditor and Inspector or his or her designee. |
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9| B. Initial appointments shall be made by October 31, 2023. The |
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10|President Pro Tempore of the Senate and the Speaker of the House of |
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11|Representatives shall each appoint one member for one (1) year and |
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12|one member for two (2) years. The Governor shall appoint one member |
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13|for one (1) year and two members for two (2) years. Members shall |
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14|serve until their successors are duly appointed for a term of three |
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15|(3) years. Appointments shall be made by and take effect on July 31 |
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16|of the year in which the appointment is made. Annually by December |
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17|30 the Board shall elect from its membership a chair and vice chair. |
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18| C. A member may be removed from the Board by the appointing |
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19|authority for cause which shall include but not be limited to: |
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20| 1. Being found guilty by a court of competent jurisdiction of a |
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21|felony or any offense involving moral turpitude; |
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22| 2. Being found guilty of malfeasance, misfeasance, or |
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23|nonfeasance in relation to Board duties; |
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24| |
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1| 3. Being found mentally incompetent by a court of competent |
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2|jurisdiction; or |
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3| 4. Failing to attend three successive meetings of the Board |
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4|without just cause, as determined by the Board. |
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5| D. Vacancies shall be filled by the appointing authority. |
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6| E. No member of the Senate or House of Representatives may be |
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7|appointed to the Board while serving as a member of the Legislature |
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8|or for two (2) full years following the expiration of the term of |
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9|office. |
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10| F. Members of the Statewide Charter School Board shall not |
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11|receive compensation but shall be reimbursed for necessary travel |
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12|expenses pursuant to the provisions of the State Travel |
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13|Reimbursement Act. |
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14| G. The Statewide Charter School Board shall meet at the call of |
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15|the chair. The first meeting of the Board shall be held no later |
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16|than sixty (60) days after the effective date of this act. |
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17| H. Five members of the Board shall constitute a quorum, and an |
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18|affirmative vote of at least five members shall be required for the |
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19|Board to take any final action. |
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20| I. Beginning July 1, 2024, statewide virtual charter schools |
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21|shall be sponsored only by the Statewide Charter School Board |
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22|created pursuant to this section. Effective July 1, 2024, the |
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23|Statewide Virtual Charter School Board shall be abolished and the |
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24|Statewide Charter School Board shall succeed to any contractual |
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1|rights and responsibilities and settlement agreements incurred by |
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2|the Statewide Virtual Charter School Board in a virtual charter |
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3|school sponsorship contract executed prior to July 1, 2024. |
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4| 1. All powers, duties, responsibilities, policies, personnel, |
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5|property, equipment, supplies, records, assets, funds, current and |
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6|future liabilities, encumbrances, obligations, and indebtedness of |
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7|the Statewide Virtual Charter School Board or associated with a |
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8|virtual charter school sponsorship contract entered into by the |
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9|Statewide Virtual Charter School Board prior to July 1, 2024, shall |
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10|be transferred to the Statewide Charter School Board. No items |
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11|shall be expended or used for any purpose other than the performance |
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12|of duties and responsibilities as directed and required in this act. |
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13| Appropriate conveyances and other documents shall be executed to |
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14|effectuate the transfer of property associated with a sponsorship |
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15|contract. The Statewide Charter School Board may contract for |
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16|additional legal and administrative services as necessary to |
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17|effectuate the transfers provided in this subsection. |
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18| 2. The Director of the Office of Management and Enterprise |
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19|Services shall coordinate the transfer of funds, allotments, |
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20|purchase orders, and outstanding financial obligations and |
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21|encumbrances relating to the regulation of virtual charter schools |
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22|as transferred pursuant to the provisions of this act. |
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23| 3. Upon succession of sponsorship contracts, the Statewide |
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24|Charter School Board shall assume sponsorship of the virtual charter |
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1|schools for the remainder of the term of the contracts. Prior to |
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2|the end of the current term of the contract, the Statewide Charter |
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3|School Board shall allow a virtual charter school to apply for |
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4|renewal of the sponsorship contract in accordance with the renewal |
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5|procedures established pursuant to Section 3-137 of Title 70 of the |
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6|Oklahoma Statutes. |
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7| 4. Effective July 1, 2024, all administrative rules promulgated |
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8|by the Statewide Virtual Charter School Board relating to the |
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9|implementation and enforcement of the Oklahoma Charter Schools Act |
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10|shall be enforceable by the Statewide Charter School Board. The |
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11|rules shall continue in force and effect and the Statewide Charter |
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12|School Board shall have authority to amend, repeal, recodify, or |
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13|make additions to the rules pursuant to the Administrative |
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14|Procedures Act. |
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15| J. Effective July 1, 2024, the Statewide Charter School Board |
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16|shall succeed to any contractual rights and responsibilities and |
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17|settlement agreements incurred by the State Board of Education in a |
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18|charter school sponsorship contract executed prior to July 1, 2024. |
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19|All property, equipment, supplies, records, assets, funds, current |
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20|and future liabilities, encumbrances, obligations, and indebtedness |
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21|associated with a charter school sponsorship contract entered into |
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22|by the State Board of Education prior to July 1, 2024, shall be |
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23|transferred to the Statewide Charter School Board. Appropriate |
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24|conveyances and other documents shall be executed to effectuate the |
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1|transfer of property associated with a sponsorship contract. Upon |
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2|succession of sponsorship contracts, the Statewide Charter School |
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3|Board shall assume sponsorship of the charter schools for the |
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4|remainder of the term of the contracts. Prior to the end of the |
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5|current term of the contract, the Statewide Charter School Board |
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6|shall allow a charter school to apply for renewal of the sponsorship |
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7|contract in accordance with the renewal procedures established |
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8|pursuant to Section 3-137 of Title 70 of the Oklahoma Statutes. |
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9| K. Beginning July 1, 2024, at the end of the current term of a |
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10|charter school sponsorship contract with a school district, an |
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11|accredited comprehensive or regional institution that is a member of |
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12|The Oklahoma State System of Higher Education, a community college, |
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13|or a federally recognized Indian tribe, a charter school may apply |
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14|for contract renewal with the Statewide Charter School Board for |
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15|sponsorship. |
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16| SECTION 2. NEW LAW A new section of law to be codified |
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17|in the Oklahoma Statutes as Section 3-132.2 of Title 70, unless |
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18|there is created a duplication in numbering, reads as follows: |
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19| A. Beginning July 1, 2024, and subject to the requirements of |
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20|the Oklahoma Charter Schools Act, the Statewide Charter School Board |
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21|shall: |
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22| 1. Provide supervision, services, and oversight of the |
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23|operations of statewide virtual charter schools in this state and |
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24|charter schools for which the Statewide Charter School Board is the |
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1|sponsor, recommend legislation pertaining to charter schools to the |
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2|Legislature, and promulgate rules and policies that the Board deems |
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3|necessary to accomplish the purposes prescribed in this section; |
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4| 2. Ensure compliance with state laws and training requirements |
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5|for all charter schools, virtual charter schools, and sponsors; |
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6| 3. Establish a procedure for accepting, approving, and |
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7|disapproving charter school and statewide virtual charter school |
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8|applications and a process for renewal or revocation of approved |
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9|charter contracts which meet the procedures set forth in the |
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10|Oklahoma Charter Schools Act; |
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11| 4. Hire an Executive Director and other staff for its |
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12|operation; |
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13| 5. Prepare a budget for expenditures necessary for the proper |
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14|maintenance of the Board and accomplishment of its purpose; |
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15| 6. Comply with the requirements of the Oklahoma Open Meeting |
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16|Act and Oklahoma Open Records Act; and |
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17| 7. Give priority to opening charter schools and virtual charter |
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18|schools that serve at-risk student populations or students from |
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19|low-performing traditional public schools. |
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20| B. The State Board of Education shall be responsible for |
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21|accreditation of charter schools and virtual charter schools and |
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22|ensure compliance with special education laws and federal laws and |
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23|programs administered by the State Board of Education. |
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24| |
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1| C. 1. For purposes of the Oklahoma Charter Schools Act, |
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2|"charter school" means: |
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3| a. prior to July 1, 2024, a public school established by |
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4| contract with a school district board of education, a |
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5| technology center school district, a higher education |
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6| institution, a federally recognized Indian tribe, or |
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7| the State Board of Education, and |
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8| b. on July 1, 2024, and after, a public school |
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9| established by contract with a school district board |
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10| of education, a higher education institution, an |
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11| institution of higher learning accredited pursuant to |
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12| Section 4103 of Title 70 of the Oklahoma Statutes, a |
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13| federally recognized Indian tribe, or the Statewide |
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14| Charter School Board, |
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15|to provide learning that will improve student achievement and as |
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16|defined in the Elementary and Secondary Education Act of 1965, as |
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17|reauthorized by P.L. No. 114-95, also known as the Every Student |
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18|Succeeds Act. |
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19| 2. A charter school may consist of a new school site, new |
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20|school sites, or all or any portion of an existing school site. An |
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21|entire school district may not become a charter school site. |
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22| D. 1. For the purposes of the Oklahoma Charter Schools Act, |
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23|"conversion school" means a school created by converting all or any |
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24|part of a traditional public school in order to access any or all |
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1|flexibilities afforded to a charter school; provided, however, all |
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2|or any part of a traditional public school shall not be converted to |
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3|a virtual charter school. |
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4| 2. Prior to the board of education of a school district |
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5|converting all or any part of a traditional public school to a |
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6|conversion school, the board shall prepare a conversion plan. The |
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7|conversion plan shall include documentation that demonstrates and |
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8|complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, |
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9|19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134 |
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10|of Title 70 of the Oklahoma Statutes. The conversion plan and all |
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11|documents shall be in writing and shall be available to the public |
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12|pursuant to the requirements of the Oklahoma Open Records Act. All |
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13|votes by the board of education of a school district to approve a |
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14|conversion plan shall be held in an open public session. If the |
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15|board of education of a school district votes to approve a |
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16|conversion plan, the board shall notify the State Board of Education |
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17|within sixty (60) days after the vote. The notification shall |
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18|include a copy of the minutes for the board meeting at which the |
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19|conversion plan was approved. |
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20| 3. A conversion school shall comply with all the same |
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21|accountability measures as are required of a charter school as |
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22|defined in subsection C of this section. The provisions of Sections |
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23|3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply |
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24|to a conversion school. Conversion schools shall comply with the |
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1|same laws and State Board of Education rules relating to student |
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2|enrollment which apply to traditional public schools. Conversion |
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3|schools shall be funded by the board of education of the school |
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4|district as a school site within the school district and funding |
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5|shall not be affected by the conversion of the school. |
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6| 4. The board of education of a school district may vote to |
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7|revert a conversion school back to a traditional public school at |
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8|any time; provided, the change shall only occur during a break |
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9|between school years. |
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10| 5. Unless otherwise provided for in this subsection, a |
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11|conversion school shall retain the characteristics of a traditional |
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12|public school. |
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13| E. 1. Beginning July 1, 2024, the Statewide Charter School |
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14|Board shall make publicly available a list of supplemental online |
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15|courses which have been reviewed and certified by the Board to |
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16|ensure that the courses are high-quality options and are aligned |
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17|with the subject matter standards adopted by the State Board of |
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18|Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma |
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19|Statutes. The Statewide Charter School Board shall give special |
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20|emphasis on listing supplemental online courses in science, |
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21|technology, engineering, and math (STEM), foreign language, and |
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22|advanced placement courses. School districts shall not be limited |
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23|to selecting supplemental online courses that have been reviewed and |
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24| |
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1|certified by the Statewide Charter School Board and listed as |
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2|provided for in this paragraph. |
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3| 2. In conjunction with the Office of Management and Enterprise |
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4|Services, the Board shall negotiate and enter into contracts with |
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5|supplemental online course providers to offer a state rate price to |
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6|school districts for supplemental online courses that have been |
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7|reviewed and certified by the Statewide Charter School Board and |
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8|listed as provided for in this subsection. |
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9| SECTION 3. NEW LAW A new section of law to be codified |
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10|in the Oklahoma Statutes as Section 3-132.3 of Title 70, unless |
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11|there is created a duplication in numbering, reads as follows: |
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12| There is hereby created in the State Treasury a revolving fund |
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13|for the Statewide Charter School Board to be designated the |
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14|"Statewide Charter School Board Revolving Fund". The fund shall be |
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15|a continuing fund, not subject to fiscal year limitations, and shall |
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16|consist of all monies received by the Statewide Charter School Board |
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17|from state appropriations. All monies accruing to the credit of the |
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18|fund are hereby appropriated and may be budgeted and expended by the |
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19|Statewide Charter School Board for the purposes set forth in Section |
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20|2 of this act. Expenditures from the fund shall be made upon |
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21|warrants issued by the State Treasurer against claims filed as |
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22|prescribed by law with the Director of the Office of Management and |
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23|Enterprise Services for approval and payment. |
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24| |
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1| SECTION 4. AMENDATORY 70 O.S. 2021, Section 3-104, is |
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2|amended to read as follows: |
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3| Section 3-104. A. The supervision of the public school system |
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4|of Oklahoma shall be vested in the State Board of Education and, |
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5|subject to limitations otherwise provided by law, the State Board of |
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6|Education shall: |
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7| 1. Adopt policies and make rules for the operation of the |
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8|public school system of the state; |
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9| 2. Appoint, prescribe the duties, and fix the compensation of a |
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10|secretary, an attorney, and all other personnel necessary for the |
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11|proper performance of the functions of the State Board of Education. |
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12| The secretary shall not be a member of the Board; |
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13| 3. Submit to the Governor a departmental budget based upon |
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14|major functions of the Department as prepared by the State |
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15|Superintendent of Public Instruction and supported by detailed data |
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16|on needs and proposed operations as partially determined by the |
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17|budgetary needs of local school districts filed with the State Board |
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18|of Education for the ensuing fiscal year. Appropriations therefor |
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19|shall be made in lump-sum form for each major item in the budget as |
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20|follows: |
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21| a. State Aid to schools, |
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22| b. the supervision of all other functions of general and |
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23| special education including general control, free |
| |
24| textbooks, school lunch, Indian education, and all |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 15
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1| other functions of the Board and an amount sufficient |
| |
2| to adequately staff and administer these services, and |
| |
3| c. the Board shall determine the details by which the |
| |
4| budget and the appropriations are administered. |
| |
5| Annually, the Board shall make preparations to |
| |
6| consolidate all of the functions of the Department in |
| |
7| such a way that the budget can be based on two items, |
| |
8| administration and aid to schools. A maximum amount |
| |
9| for administration shall be designated as a part of |
| |
10| the total appropriation; |
| |
11| 4. On the first day of December preceding each regular session |
| |
12|of the Legislature, prepare and deliver to the Governor and the |
| |
13|Legislature a report for the year ending June 30 immediately |
| |
14|preceding the regular session of the Legislature. The report shall |
| |
15|contain: |
| |
16| a. detailed statistics and other information concerning |
| |
17| enrollment, attendance, expenditures including State |
| |
18| Aid, and other pertinent data for all public schools |
| |
19| in this state, |
| |
20| b. reports from each and every division within the State |
| |
21| Department of Education as submitted by the State |
| |
22| Superintendent of Public Instruction and any other |
| |
23| division, department, institution, or other agency |
| |
24| under the supervision of the Board, |
| |
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1| c. recommendations for the improvement of the public |
| |
2| school system of the state, |
| |
3| d. a statement of the receipts and expenditures of the |
| |
4| State Board of Education for the past year, and |
| |
5| e. a statement of plans and recommendations for the |
| |
6| management and improvement of public schools and such |
| |
7| other information relating to the educational |
| |
8| interests of the state as may be deemed necessary and |
| |
9| desirable; |
| |
10| 5. Provide for the formulation and adoption of curricula, |
| |
11|courses of study, and other instructional aids necessary for the |
| |
12|adequate instruction of pupils in the public schools; |
| |
13| 6. Have authority in matters pertaining to the licensure and |
| |
14|certification of persons for instructional, supervisory, and |
| |
15|administrative positions and services in the public schools of the |
| |
16|state subject to the provisions of Section 6-184 of this title, and |
| |
17|shall formulate rules governing the issuance and revocation of |
| |
18|certificates for superintendents of schools, principals, |
| |
19|supervisors, librarians, clerical employees, school nurses, school |
| |
20|bus drivers, visiting teachers, classroom teachers, and for other |
| |
21|personnel performing instructional, administrative, and supervisory |
| |
22|services, but not including members of boards of education and other |
| |
23|employees who do not work directly with pupils, and may charge and |
| |
24|collect reasonable fees for the issuance of such certificates: |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 17
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1| a. the State Department of Education shall not issue a |
| |
2| certificate to and shall revoke the certificate of any |
| |
3| person who has been convicted, whether upon a verdict |
| |
4| or plea of guilty or upon a plea of nolo contendere, |
| |
5| or received a suspended sentence or any probationary |
| |
6| term for a crime or an attempt to commit a crime |
| |
7| provided for in Section 843.5 of Title 21 of the |
| |
8| Oklahoma Statutes if the offense involved sexual abuse |
| |
9| or sexual exploitation as those terms are defined in |
| |
10| Section 1-1-105 of Title 10A of the Oklahoma Statutes, |
| |
11| Section 741, 843.1, if the offense included sexual |
| |
12| abuse or sexual exploitation, 865 et seq., 885, 888, |
| |
13| 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, |
| |
14| 1111.1, 1114, or 1123 of Title 21 of the Oklahoma |
| |
15| Statutes or who enters this state and who has been |
| |
16| convicted, received a suspended sentence, or received |
| |
17| a deferred judgment for a crime or attempted crime |
| |
18| which, if committed or attempted in this state, would |
| |
19| be a crime or an attempt to commit a crime provided |
| |
20| for in any of said the laws, |
| |
21| b. all funds collected by the State Department of |
| |
22| Education for the issuance of certificates to |
| |
23| instructional, supervisory, and administrative |
| |
24| personnel in the public schools of the state shall be |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 18
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1| deposited in the "Teachers' Certificate Certification |
| |
2| Fund" in the State Treasury and may be expended by the |
| |
3| State Board of Education to finance the activities of |
| |
4| the State Department of Education necessary to |
| |
5| administer the program, for consultative services, |
| |
6| publication costs, actual and necessary travel |
| |
7| expenses as provided in the State Travel Reimbursement |
| |
8| Act incurred by persons performing research work, and |
| |
9| other expenses found necessary by the State Board of |
| |
10| Education for the improvement of the preparation and |
| |
11| certification of teachers in Oklahoma this state. |
| |
12| Provided, any unobligated balance in the Teachers' |
| |
13| Certificate Certification Fund in excess of Ten |
| |
14| Thousand Dollars ($10,000.00) on June 30 of any fiscal |
| |
15| year shall be transferred to the General Revenue Fund |
| |
16| of the State of Oklahoma this state. Until July 1, |
| |
17| 1997, the State Board of Education shall have |
| |
18| authority for approval of teacher education programs. |
| |
19| The State Board of Education shall also have authority |
| |
20| for the administration of teacher residency and |
| |
21| professional development, subject to the provisions of |
| |
22| the Oklahoma Teacher Preparation Act; |
| |
23| 7. Promulgate rules governing the classification, inspection, |
| |
24|supervision, and accrediting of all public nursery, kindergarten, |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 19
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1|elementary and secondary schools, and on-site educational services |
| |
2|provided by public school districts or state-accredited private |
| |
3|schools in partial hospitalization programs, day treatment programs, |
| |
4|and day hospital programs as defined in this act for persons between |
| |
5|the ages of three (3) and twenty-one (21) years of age in the state. |
| |
6| However, no school shall be denied accreditation solely on the |
| |
7|basis of average daily attendance. |
| |
8| Any school district which maintains an elementary school and |
| |
9|faces the necessity of relocating its school facilities because of |
| |
10|construction of a lake, either by state or federal authority, which |
| |
11|will inundate the school facilities, shall be entitled to receive |
| |
12|probationary accreditation from the State Board of Education for a |
| |
13|period of five (5) years after the effective date of this act June |
| |
14|12, 1975, and any school district, otherwise qualified, shall be |
| |
15|entitled to receive probationary accreditation from the State Board |
| |
16|of Education for a period of two (2) consecutive years to attain the |
| |
17|minimum average daily attendance. The Head Start and public |
| |
18|nurseries or kindergartens operated from Community Action Program |
| |
19|Agency funds shall not be subjected to the accrediting rules of the |
| |
20|State Board of Education. Neither will the State Board of Education |
| |
21|make rules affecting the operation of the public nurseries and |
| |
22|kindergartens operated from federal funds secured through Community |
| |
23|Action Programs Agencies even though they may be operating in the |
| |
24|public schools of the state. However, any of the Head Start or |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 20
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1|public nurseries or kindergartens operated under federal regulations |
| |
2|may make application for accrediting from the State Board of |
| |
3|Education but will be accredited only if application for the |
| |
4|approval of the programs is made. The status of no school district |
| |
5|shall be changed which will reduce it to a lower classification |
| |
6|until due notice has been given to the proper authorities thereof |
| |
7|and an opportunity given to correct the conditions which otherwise |
| |
8|would be the cause of such reduction. |
| |
9| Private and parochial schools may be accredited and classified |
| |
10|in like manner as public schools or, if an accrediting association |
| |
11|is approved by the State Board of Education, by procedures |
| |
12|established by the State Board of Education to accept accreditation |
| |
13|by such accrediting association, if application is made to the State |
| |
14|Board of Education for such accrediting; |
| |
15| 8. Be the legal agent of the State of Oklahoma this state to |
| |
16|accept, in its discretion, the provisions of any Act of Congress |
| |
17|appropriating or apportioning funds which are now, or may hereafter |
| |
18|be, provided for use in connection with any phase of the system of |
| |
19|public education in Oklahoma. It shall prescribe such rules as it |
| |
20|finds necessary to provide for the proper distribution of such funds |
| |
21|in accordance with the state and federal laws; |
| |
22| 9. Be and is specifically hereby designated as the agency of |
| |
23|this state to cooperate and deal with any officer, board, or |
| |
24|authority of the United States Government under any law of the |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 21
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1|United States which may require or recommend cooperation with any |
| |
2|state board having charge of the administration of public schools |
| |
3|unless otherwise provided by law; |
| |
4| 10. Be and is hereby designated as the "State Educational |
| |
5|Agency" referred to in Public Law 396 of the 79th Congress of the |
| |
6|United States, which law states that said the act may be cited as |
| |
7|the "National School Lunch Act", and said the State Board of |
| |
8|Education is hereby authorized and directed to accept the terms and |
| |
9|provisions of said the act and to enter into such agreements, not in |
| |
10|conflict with the Constitution of Oklahoma or the Constitution and |
| |
11|Statutes of the United States, as may be necessary or appropriate to |
| |
12|secure for the State of Oklahoma this state the benefits of the |
| |
13|school lunch program established and referred to in said the act; |
| |
14| 11. Have authority to secure and administer the benefits of the |
| |
15|National School Lunch Act, Public Law 396 of the 79th Congress of |
| |
16|the United States, in the State of Oklahoma this state and is hereby |
| |
17|authorized to employ or appoint and fix the compensation of such |
| |
18|additional officers or employees and to incur such expenses as may |
| |
19|be necessary for the accomplishment of the above purpose, administer |
| |
20|the distribution of any state funds appropriated by the Legislature |
| |
21|required as federal matching to reimburse on children's meals; |
| |
22| 12. Accept and provide for the administration of any land, |
| |
23|money, buildings, gifts, donation, or other things of value which |
| |
24| |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 22
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1|may be offered or bequeathed to the schools under the supervision or |
| |
2|control of said the Board; |
| |
3| 13. Have authority to require persons having administrative |
| |
4|control of all school districts in Oklahoma to make such regular and |
| |
5|special reports regarding the activities of the schools in said the |
| |
6|districts as the Board may deem needful for the proper exercise of |
| |
7|its duties and functions. Such authority shall include the right of |
| |
8|the State Board of Education to withhold all state funds under its |
| |
9|control, to withhold official recognition, including accrediting, |
| |
10|until such required reports have been filed and accepted in the |
| |
11|office of said the Board and to revoke the certificates of persons |
| |
12|failing or refusing to make such reports; |
| |
13| 14. Have general supervision of the school lunch program. The |
| |
14|State Board of Education may sponsor workshops for personnel and |
| |
15|participants in the school lunch program and may develop, print, and |
| |
16|distribute free of charge or sell any materials, books, and |
| |
17|bulletins to be used in such the school lunch programs. There is |
| |
18|hereby created in the State Treasury a revolving fund for the Board, |
| |
19|to be designated the School Lunch Workshop Revolving Fund. The fund |
| |
20|shall consist of all fees derived from or on behalf of any |
| |
21|participant in any such workshop sponsored by the State Board of |
| |
22|Education, or from the sale of any materials, books, and bulletins, |
| |
23|and such funds shall be disbursed for expenses of such workshops and |
| |
24|for developing, printing, and distributing of such the materials, |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 23
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1|books, and bulletins relating to the school lunch program. The fund |
| |
2|shall be administered in accordance with Section 155 of Title 62 of |
| |
3|the Oklahoma Statutes; |
| |
4| 15. Prescribe all forms for school district and county officers |
| |
5|to report to the State Board of Education where required. The State |
| |
6|Board of Education shall also prescribe a list of appropriation |
| |
7|accounts by which the funds of school districts shall be budgeted, |
| |
8|accounted for, and expended; and it shall be the duty of the State |
| |
9|Auditor and Inspector in prescribing all budgeting, accounting, and |
| |
10|reporting forms for school funds to conform to such lists; |
| |
11| 16. Provide for the establishment of a uniform system of pupil |
| |
12|and personnel accounting, records, and reports; |
| |
13| 17. Have authority to provide for the health and safety of |
| |
14|school children and school personnel while under the jurisdiction of |
| |
15|school authorities; |
| |
16| 18. Provide for the supervision of the transportation of |
| |
17|pupils; |
| |
18| 19. Have authority, upon request of the local school board, to |
| |
19|act in behalf of the public schools of the state in the purchase of |
| |
20|transportation equipment; |
| |
21| 20. Have authority and is hereby required to perform all duties |
| |
22|necessary to the administration of the public school system in |
| |
23|Oklahoma as specified in the Oklahoma School Code; and, in addition |
| |
24| |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 24
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1|thereto, those duties not specifically mentioned herein if not |
| |
2|delegated by law to any other agency or official; |
| |
3| 21. Administer the State Public Common School Building |
| |
4|Equalization Fund established by Section 32 of Article X of the |
| |
5|Oklahoma Constitution. Any monies as may be appropriated or |
| |
6|designated by the Legislature, other than ad valorem taxes, any |
| |
7|other funds identified by the State Department of Education, which |
| |
8|may include, but not be limited to, grants-in-aid from the federal |
| |
9|government for building purposes, the proceeds of all property that |
| |
10|shall fall to the state by escheat, penalties for unlawful holding |
| |
11|of real estate by corporations, and capital gains on assets of the |
| |
12|permanent school funds, shall be deposited in the State Public |
| |
13|Common School Building Equalization Fund. The fund shall be used to |
| |
14|aid school districts and charter schools in acquiring buildings, |
| |
15|subject to the limitations fixed by Section 32 of Article X of the |
| |
16|Oklahoma Constitution. It is hereby declared that the term |
| |
17|"acquiring buildings" as used in Section 32 of Article X of the |
| |
18|Oklahoma Constitution shall mean acquiring or improving school |
| |
19|sites, constructing, repairing, remodeling, or equipping buildings, |
| |
20|or acquiring school furniture, fixtures, or equipment. It is hereby |
| |
21|declared that the term "school districts" as used in Section 32 of |
| |
22|Article X of the Oklahoma Constitution shall mean school districts |
| |
23|and eligible charter schools as defined in subsection B of this |
| |
24|section. The State Board of Education shall disburse redbud school |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 25
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1|grants annually from the State Public Common School Building |
| |
2|Equalization Fund to public schools and eligible charter schools |
| |
3|pursuant to subsection B of this section. The Board shall |
| |
4|promulgate rules for the implementation of disbursing redbud school |
| |
5|grants pursuant to this section. The State Board of Education shall |
| |
6|prescribe rules for making grants of aid from, and for otherwise |
| |
7|administering, the fund pursuant to the provisions of this |
| |
8|paragraph, and may employ and fix the duties and compensation of |
| |
9|technicians, aides, clerks, stenographers, attorneys, and other |
| |
10|personnel deemed necessary to carry out the provisions of this |
| |
11|paragraph. The cost of administering the fund shall be paid from |
| |
12|monies appropriated to the State Board of Education for the |
| |
13|operation of the State Department of Education. From monies |
| |
14|apportioned to the fund, the State Department of Education may |
| |
15|reserve not more than one-half of one percent (1/2 of 1%) for |
| |
16|purposes of administering the fund; |
| |
17| 22. Recognize that the Director of the Oklahoma Department of |
| |
18|Corrections shall be the administrative authority for the schools |
| |
19|which are maintained in the state reformatories and shall appoint |
| |
20|the principals and teachers in such schools. Provided, that rules |
| |
21|of the State Board of Education for the classification, inspection, |
| |
22|and accreditation of public schools shall be applicable to such |
| |
23|schools; and such schools shall comply with standards set by the |
| |
24|State Board of Education; and |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 26
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1| 23. Have authority to administer a revolving fund which is |
| |
2|hereby created in the State Treasury, to be designated the |
| |
3|Statistical Services Revolving Fund. The fund shall consist of all |
| |
4|monies received from the various school districts of the state, the |
| |
5|United States Government, and other sources for the purpose of |
| |
6|furnishing or financing statistical services and for any other |
| |
7|purpose as designated by the Legislature. The State Board of |
| |
8|Education is hereby authorized to enter into agreements with school |
| |
9|districts, municipalities, the United States Government, |
| |
10|foundations, and other agencies or individuals for services, |
| |
11|programs, or research projects. The Statistical Services Revolving |
| |
12|Fund shall be administered in accordance with Section 155 of Title |
| |
13|62 of the Oklahoma Statutes. |
| |
14| B. 1. The redbud school grants shall be determined by the |
| |
15|State Department of Education as follows: |
| |
16| a. divide the county four-mill levy revenue by four to |
| |
17| determine the nonchargeable county four-mill revenue |
| |
18| for each school district, |
| |
19| b. determine the amount of new revenue generated by the |
| |
20| five-mill building fund levy as authorized by Section |
| |
21| 10 of Article X of the Oklahoma Constitution for each |
| |
22| school district as reported in the Oklahoma Cost |
| |
23| Accounting System for the preceding fiscal year, |
| |
24| |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 27
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1| c. add the amounts calculated in subparagraphs a and b |
| |
2| of this paragraph to determine the nonchargeable |
| |
3| millage for each school district, |
| |
4| d. add the nonchargeable millage in each district |
| |
5| statewide as calculated in subparagraph c of this |
| |
6| paragraph and divide the total by the average daily |
| |
7| membership in public schools statewide based on the |
| |
8| preceding school year's average daily membership, |
| |
9| according to the provisions of Section 18-107 of this |
| |
10| title. This amount is the statewide nonchargeable |
| |
11| millage per student, known as the baseline local |
| |
12| funding per student, |
| |
13| e. all eligible charter schools shall be included in |
| |
14| these calculations as unique school districts, |
| |
15| separate from the school district that may sponsor the |
| |
16| eligible charter school, and the total number of |
| |
17| districts shall be used to determine the statewide |
| |
18| average baseline local funding per student, |
| |
19| f. for each school district or eligible charter school |
| |
20| which is below the baseline local funding per student, |
| |
21| the Department shall subtract the baseline local |
| |
22| funding per student from the average nonchargeable |
| |
23| millage per student of the school district or eligible |
| |
24| |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 28
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1| charter school to determine the nonchargeable millage |
| |
2| per student shortfall for each district, and |
| |
3| g. the nonchargeable millage per student shortfall for a |
| |
4| school district or eligible charter school shall be |
| |
5| multiplied by the average daily membership of the |
| |
6| preceding school year of the eligible school district |
| |
7| or eligible charter school. This amount shall be the |
| |
8| redbud school grant amount for the school district or |
| |
9| eligible charter school. |
| |
10| 2. For fiscal year 2022, monies for the redbud school grants |
| |
11|shall be expended from the funds apportioned pursuant to Section 2 |
| |
12|Section 426 of this act Title 63 of the Oklahoma Statutes. For |
| |
13|fiscal year 2023 and each subsequent fiscal year, monies for the |
| |
14|redbud school grants shall be appropriated pursuant to Section 2 |
| |
15|Section 426 of this act Title 63 of the Oklahoma Statutes, not to |
| |
16|exceed three-fourths (3/4) of the tax collected in the preceding |
| |
17|fiscal year pursuant to Section 426 of Title 63 of the Oklahoma |
| |
18|Statutes as determined by the Oklahoma Tax Commission. For fiscal |
| |
19|year 2023 and each subsequent fiscal year, if such appropriated |
| |
20|funds are insufficient to fund the redbud school grants, then an |
| |
21|additional apportionment of funds shall be made from sales tax |
| |
22|collections as provided by subsection D of Section 3 Section 1353 of |
| |
23|this act Title 68 of the Oklahoma Statutes. If both funds are |
| |
24|insufficient, the Department shall promulgate rules to permit a |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 29
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1|decrease to the baseline local funding per student to the highest |
| |
2|amount allowed with the funding available. |
| |
3| 3. As used in this section, "eligible charter school" shall |
| |
4|mean a charter school which is sponsored pursuant to the provisions |
| |
5|of the Oklahoma Charter School Schools Act. Provided, however, |
| |
6|"eligible charter school" shall not include a statewide virtual |
| |
7|charter school sponsored by the Statewide Virtual Charter School |
| |
8|Board Statewide Charter School Board but shall only include those |
| |
9|which provide in-person or blended instruction, as provided by |
| |
10|Section 1-111 of this title, to not less than two-thirds (2/3) of |
| |
11|students as the primary means of instructional service delivery. |
| |
12| 4. The Department shall develop a program to acknowledge the |
| |
13|redbud school grant recipients and shall include elected members of |
| |
14|the Oklahoma House of Representatives and Oklahoma State Senate who |
| |
15|represent the school districts and eligible charter schools. |
| |
16| 5. The Department shall create a dedicated page on its website |
| |
17|listing annual redbud school grant recipients, amount awarded to |
| |
18|each recipient, and other pertinent information about the Redbud |
| |
19|School Funding Act. |
| |
20| 6. The Department shall provide the Chair chair of the House |
| |
21|Appropriations and Budget Committee and the Chair chair of the |
| |
22|Senate Appropriations Committee no later than February 1 of each |
| |
23|year with an estimate of the upcoming year's redbud school grant |
| |
24|allocation as prescribed by this section. |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 30
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1| SECTION 5. AMENDATORY 70 O.S. 2021, Section 3-132, as |
| |
2|amended by Section 1, Chapter 222, O.S.L. 2022 (70 O.S. Supp. 2022, |
| |
3|Section 3-132), is amended to read as follows: |
| |
4| Section 3-132. A. The Oklahoma Charter Schools Act shall apply |
| |
5|only to charter schools formed and operated under the provisions of |
| |
6|the act. Charter schools shall be sponsored only as follows: |
| |
7| 1. By any school district located in the State of Oklahoma this |
| |
8|state, provided such charter school shall only be located within the |
| |
9|geographical boundaries of the sponsoring district and subject to |
| |
10|the restrictions of Section 3-145.6 of this title; |
| |
11| 2. By a technology center school district if the charter school |
| |
12|is located in a school district served by the technology center |
| |
13|school district in which all or part of the school district is |
| |
14|located in a county having more than five hundred thousand (500,000) |
| |
15|population according to the latest Federal Decennial Census; |
| |
16| 3. By a technology center school district if the charter school |
| |
17|is located in a school district served by the technology center |
| |
18|school district and the school district has a school site that has |
| |
19|been identified as in need of improvement by the State Board of |
| |
20|Education pursuant to the Elementary and Secondary Education Act of |
| |
21|1965, as amended or reauthorized; |
| |
22| 4. By an accredited comprehensive or, regional, or two-year |
| |
23|institution that is a member of The Oklahoma State System of Higher |
| |
24|Education or a community college if the charter school is located in |
| |
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1|a school district in which all or part of the school district is |
| |
2|located in a county having more than five hundred thousand (500,000) |
| |
3|population according to the latest Federal Decennial Census by a |
| |
4|private institution of higher learning located within this state |
| |
5|that is accredited pursuant to Section 4103 of this title; |
| |
6| 5. By a comprehensive or regional institution that is a member |
| |
7|of The Oklahoma State System of Higher Education if the charter |
| |
8|school is located in a school district that has a school site that |
| |
9|has been identified as in need of improvement by the State Board of |
| |
10|Education pursuant to the Elementary and Secondary Education Act of |
| |
11|1965, as amended or reauthorized. In addition, the institution |
| |
12|shall have a teacher education program accredited by the Oklahoma |
| |
13|Commission for Teacher Preparation and have a branch campus or |
| |
14|constituent agency physically located within the school district in |
| |
15|which the charter school is located in the State of Oklahoma; |
| |
16| 6. 3. By a federally recognized Indian tribe, operating a high |
| |
17|school under the authority of the Bureau of Indian Affairs as of |
| |
18|November 1, 2010, if the charter school is for the purpose of |
| |
19|demonstrating native language immersion instruction, and is located |
| |
20|within its former reservation or treaty area boundaries. For |
| |
21|purposes of this paragraph, native language immersion instruction |
| |
22|shall require that educational instruction and other activities |
| |
23|conducted at the school site are primarily conducted in the native |
| |
24|language; |
| |
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1| 7. By 4. Until June 30, 2023, by the State Board of Education |
| |
2|and beginning July 1, 2024, by the Statewide Charter School Board |
| |
3|when the applicant of the charter school is the Office of Juvenile |
| |
4|Affairs or the applicant has a contract with the Office of Juvenile |
| |
5|Affairs and the charter school is for the purpose of providing |
| |
6|education services to youth in the custody or supervision of the |
| |
7|state. Not more than two charter schools shall be sponsored by the |
| |
8|Board as provided for in this paragraph during the period of time |
| |
9|beginning July 1, 2010, through July 1, 2016; |
| |
10| 8. 5. By a federally recognized Indian tribe only when the |
| |
11|charter school is located within the former reservation or treaty |
| |
12|area boundaries of the tribe on property held in trust by the Bureau |
| |
13|of Indian Affairs of the United States Department of the Interior |
| |
14|for the benefit of the tribe; or |
| |
15| 9. 6. By the State Board of Education when the applicant has |
| |
16|first been denied a charter by the local school district in which it |
| |
17|seeks to operate Statewide Charter School Board. In counties with a |
| |
18|population of fewer than five hundred thousand (500,000) population, |
| |
19|according to the latest Federal Decennial Census, the State Board of |
| |
20|Education Statewide Charter School Board shall not sponsor more than |
| |
21|five new charter schools per year each year for the first five (5) |
| |
22|years after the effective date of this act, with not more than one |
| |
23|charter school sponsored in a single school district per year. In |
| |
24| |
| |
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1|order to authorize a charter school under this section, the State |
| |
2|Board of Education shall find evidence of all of the following: |
| |
3| a. a thorough and high-quality charter school |
| |
4| application from the applicant based on the |
| |
5| authorizing standards in subsection B of Section 3-134 |
| |
6| of this title, |
| |
7| b. a clear demonstration of community support for the |
| |
8| charter school, and |
| |
9| c. the grounds and basis of objection by the school |
| |
10| district for denying the operation of the charter are |
| |
11| not supported by the greater weight of evidence and |
| |
12| the strength of the application. Existing charter |
| |
13| schools sponsored by the Statewide Charter School |
| |
14| Board shall not apply to the limits prescribed by this |
| |
15| paragraph. |
| |
16| B. An eligible non-school-district sponsor shall give priority |
| |
17|to opening charter schools that serve at-risk student populations or |
| |
18|students from low-performing traditional public schools. |
| |
19| C. An eligible non-school-district sponsor shall give priority |
| |
20|to applicants that have demonstrated a record of operating at least |
| |
21|one school or similar program that demonstrates academic success and |
| |
22|organizational viability and serves student populations similar to |
| |
23|those the proposed charter school seeks to serve. In assessing the |
| |
24|potential for quality replication of a charter school, a sponsor |
| |
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1|shall consider the following factors before approving a new site or |
| |
2|school: |
| |
3| 1. Evidence of a strong and reliable record of academic success |
| |
4|based primarily on student performance data, as well as other viable |
| |
5|indicators, including financial and operational success; |
| |
6| 2. A sound, detailed, and well-supported growth plan; |
| |
7| 3. Evidence of the ability to transfer successful practices to |
| |
8|a potentially different context that includes reproducing critical |
| |
9|cultural, organizational, and instructional characteristics; |
| |
10| 4. Any management organization involved in a potential |
| |
11|replication is fully vetted, and the academic, financial, and |
| |
12|operational records of the schools it operates are found to be |
| |
13|satisfactory; |
| |
14| 5. Evidence the program seeking to be replicated has the |
| |
15|capacity to do so successfully without diminishing or putting at |
| |
16|risk its current operations; and |
| |
17| 6. A financial structure that ensures that funds attributable |
| |
18|to each charter school within a network and required by law to be |
| |
19|utilized by a school remain with and are used to benefit that |
| |
20|school. |
| |
21| D. For purposes of the Oklahoma Charter Schools Act, "charter |
| |
22|school" means a public school established by contract with a board |
| |
23|of education of a school district, an area vocational-technical |
| |
24|school district, a higher education institution, a federally |
| |
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1|recognized Indian tribe, or the State Board of Education pursuant to |
| |
2|the Oklahoma Charter Schools Act to provide learning that will |
| |
3|improve student achievement and as defined in the Elementary and |
| |
4|Secondary Education Act of 1965, 20 U.S.C. 8065. |
| |
5| E. 1. For the purposes of the Oklahoma Charter Schools Act, |
| |
6|"conversion school" means a school created by converting all or any |
| |
7|part of a traditional public school in order to access any or all |
| |
8|flexibilities afforded to a charter school. |
| |
9| 2. Prior to the board of education of a school district |
| |
10|converting all or any part of a traditional public school to a |
| |
11|conversion school, the board shall prepare a conversion plan. The |
| |
12|conversion plan shall include documentation that demonstrates and |
| |
13|complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, |
| |
14|19, 20, 21, 22, 23, 24, 34 and 35 of subsection B of Section 3-134 |
| |
15|of this title. The conversion plan and all documents shall be in |
| |
16|writing and shall be available to the public pursuant to the |
| |
17|requirements of the Oklahoma Open Records Act. All votes by the |
| |
18|board of education of a school district to approve a conversion plan |
| |
19|shall be held in an open public session. If the board of education |
| |
20|of a school district votes to approve a conversion plan, the board |
| |
21|shall notify the State Board of Education within sixty (60) days |
| |
22|after the vote. The notification shall include a copy of the |
| |
23|minutes for the board meeting at which the conversion plan was |
| |
24|approved. |
| |
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1| 3. A conversion school shall comply with all the same |
| |
2|accountability measures as are required of a charter school as |
| |
3|defined in subsection D of this section. The provisions of Sections |
| |
4|3-140 and 3-142 of this title shall not apply to a conversion |
| |
5|school. Conversion schools shall comply with the same laws and |
| |
6|State Board of Education rules relating to student enrollment which |
| |
7|apply to traditional public schools. Conversion schools shall be |
| |
8|funded by the board of education of the school district as a school |
| |
9|site within the school district and funding shall not be affected by |
| |
10|the conversion of the school. |
| |
11| 4. The board of education of a school district may vote to |
| |
12|revert a conversion school back to a traditional public school at |
| |
13|any time; provided, the change shall only occur during a break |
| |
14|between school years. |
| |
15| 5. Unless otherwise provided for in this subsection, a |
| |
16|conversion school shall retain the characteristics of a traditional |
| |
17|public school. |
| |
18| F. A charter school may consist of a new school site, new |
| |
19|school sites or all or any portion of an existing school site. An |
| |
20|entire school district may not become a charter school site. |
| |
21| SECTION 6. AMENDATORY 70 O.S. 2021, Section 3-134, as |
| |
22|amended by Section 2, Chapter 222, O.S.L. 2022 (70 O.S. Supp. 2022, |
| |
23|Section 3-134), is amended to read as follows: |
| |
24| |
| |
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1| Section 3-134. A. For written applications filed after January |
| |
2|1, 2008 July 1, 2024, prior to submission of the application to a |
| |
3|proposed sponsor seeking to establish a charter school or to the |
| |
4|Statewide Charter School Board to establish a virtual charter |
| |
5|school, the applicant shall be required to complete training which |
| |
6|shall not exceed ten (10) hours provided by the State Department of |
| |
7|Education Statewide Charter School Board on the process and |
| |
8|requirements for establishing a charter school or virtual charter |
| |
9|school. The sponsor of a charter school that enters into a new or |
| |
10|renewed sponsorship contract on or after July 1, 2024, shall be |
| |
11|required to complete training provided by the Statewide Charter |
| |
12|School Board or an organization approved by the Statewide Charter |
| |
13|School Board on the oversight duties of the sponsor. The Department |
| |
14|Board shall develop and implement the training and publish a list of |
| |
15|organizations approved to provide training by January 1, 2008 July |
| |
16|1, 2024. The Department Board and organizations approved by the |
| |
17|Board may provide the training in any format and manner that the |
| |
18|Department determines determined to be efficient and effective |
| |
19|including, but not limited to, web-based training. |
| |
20| B. Except as otherwise provided for in Section 3-137 of this |
| |
21|title, an applicant seeking to establish a virtual charter school |
| |
22|shall submit a written application to the Statewide Charter School |
| |
23|Board, and an applicant seeking to establish a charter school shall |
| |
24|submit a written application to the proposed sponsor as prescribed |
| |
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1|provided for in subsection E of this section. The application shall |
| |
2|include: |
| |
3| 1. A mission statement for the charter school or virtual |
| |
4|charter school; |
| |
5| 2. A description including, but not limited to, background |
| |
6|information of the organizational structure and the governing body |
| |
7|board of the charter school or virtual charter school; |
| |
8| 3. A financial plan for the first five (5) years of operation |
| |
9|of the charter school or virtual charter school and a description of |
| |
10|the treasurer or other officers or persons who shall have primary |
| |
11|responsibility for the finances of the charter school or virtual |
| |
12|charter school. Such person shall have demonstrated experience in |
| |
13|school finance or the equivalent thereof; |
| |
14| 4. A description of the hiring policy of the charter school or |
| |
15|virtual charter school; |
| |
16| 5. The name of the applicant or applicants and requested |
| |
17|sponsor; |
| |
18| 6. A description of the facility and location of the charter |
| |
19|school; |
| |
20| 7. A description of the grades being served; |
| |
21| 8. An outline of criteria designed to measure the effectiveness |
| |
22|of the charter school or virtual charter school; |
| |
23| 9. A demonstration of support for the charter school from |
| |
24|residents of the school district which may include but is not |
| |
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1|limited to a survey of the school district residents or a petition |
| |
2|signed by residents of the school district; |
| |
3| 10. Documentation that the applicants completed charter school |
| |
4|training as set forth in subsection A of this section; |
| |
5| 11. 10. A description of the minimum and maximum enrollment |
| |
6|planned per year for each term of the charter contract; |
| |
7| 12. 11. The proposed calendar for the charter school or virtual |
| |
8|charter school and sample daily schedule; |
| |
9| 13. 12. Unless otherwise authorized by law or regulation, a |
| |
10|description of the academic program aligned with state standards; |
| |
11| 14. 13. A description of the instructional design of the |
| |
12|charter school, or virtual charter school including the type of |
| |
13|learning environment, class size and structure, curriculum overview, |
| |
14|and teaching methods; |
| |
15| 15. 14. The plan for using internal and external assessments to |
| |
16|measure and report student progress on the performance framework |
| |
17|developed by the applicant in accordance with subsection C of |
| |
18|Section 3-135 Section 3-136 of this title; |
| |
19| 16. 15. The plans for identifying and successfully serving |
| |
20|students with disabilities, students who are English language |
| |
21|learners, and students who are academically behind; |
| |
22| 17. 16. A description of cocurricular or extracurricular |
| |
23|programs and how they will be funded and delivered; |
| |
24| |
| |
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1| 18. 17. Plans and time lines for student recruitment and |
| |
2|enrollment, including lottery procedures; |
| |
3| 19. 18. The student discipline policies for the charter school, |
| |
4|or virtual charter school including those for special education |
| |
5|students; |
| |
6| 20. 19. An organizational chart that clearly presents the |
| |
7|organizational structure of the charter school or virtual charter |
| |
8|school, including lines of authority and reporting between the |
| |
9|governing board, staff, any related bodies such as advisory bodies |
| |
10|or parent and teacher councils, and any external organizations that |
| |
11|will play a role in managing the school; |
| |
12| 21. 20. A clear description of the roles and responsibilities |
| |
13|for the governing board, the leadership and management team for the |
| |
14|charter school or virtual charter school, and any other entities |
| |
15|shown in the organizational chart; |
| |
16| 22. 21. The leadership and teacher employment policies for the |
| |
17|charter school or virtual charter school; |
| |
18| 23. 22. Proposed governing bylaws; |
| |
19| 24. 23. Explanations of any partnerships or contractual |
| |
20|partnerships central to the operations or mission of the charter |
| |
21|school or virtual charter school; |
| |
22| 25. 24. The plans for providing transportation, food service, |
| |
23|and all other significant operational or ancillary services; |
| |
24| |
| |
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1| 26. 25. Opportunities and expectations for parental |
| |
2|involvement; |
| |
3| 27. 26. A detailed school start-up plan that identifies tasks, |
| |
4|time lines, and responsible individuals; |
| |
5| 28. 27. A description of the financial plan and policies for |
| |
6|the charter school, or virtual charter school including financial |
| |
7|controls and audit requirements; |
| |
8| 29. 28. A description of the insurance coverage the charter |
| |
9|school or virtual charter school will obtain; |
| |
10| 30. 29. Start-up and five-year budgets with clearly stated |
| |
11|assumptions; |
| |
12| 31. 30. Start-up and first-year cash-flow projections with |
| |
13|clearly stated assumptions; |
| |
14| 32. 31. Evidence of anticipated fundraising contributions, if |
| |
15|claimed in the application; |
| |
16| 33. 32. A sound facilities plan, including backup or |
| |
17|contingency plans if appropriate; |
| |
18| 34. 33. A requirement that the charter school or virtual |
| |
19|charter school governing board meet at a minimum quarterly monthly |
| |
20|in the state and that for those charter schools outside of counties |
| |
21|with a population of five hundred thousand (500,000) or more, that a |
| |
22|majority minimum of two (2) members are residents within the |
| |
23|geographic boundary of the sponsoring entity charter school; and |
| |
24| |
| |
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1| 35. 34. A requirement that the charter school or virtual |
| |
2|charter school follow the requirements of the Oklahoma Open Meeting |
| |
3|Act and Oklahoma Open Records Act; and |
| |
4| 35. A copy of any proposed contract between the governing board |
| |
5|of a charter school or virtual charter school and an educational |
| |
6|management organization, as defined by Section 5-200 of this title, |
| |
7|which meets the requirements of the Oklahoma Charter Schools Act. |
| |
8| C. A board of education of a public school district, public |
| |
9|body, public or private college or university, private person, or |
| |
10|private organization may contract with a sponsor to establish a |
| |
11|charter school or virtual charter school. A private school shall |
| |
12|not be eligible to contract for a charter school or virtual charter |
| |
13|school under the provisions of the Oklahoma Charter Schools Act. |
| |
14| D. The sponsor of a charter school is the board of education of |
| |
15|a school district, the board of education of a technology center |
| |
16|school district, a higher education institution, the State Board of |
| |
17|Education, or a private institution of higher learning accredited |
| |
18|pursuant to Section 4103 of this title, a federally recognized |
| |
19|Indian tribe which meets the criteria established in Section 3-132 |
| |
20|of this title, or beginning July 1, 2024, the Statewide Charter |
| |
21|School Board. Any board of education of a school district in the |
| |
22|state sponsor authorized pursuant to subsection A of Section 3-132 |
| |
23|of this title may sponsor one or more charter schools. The physical |
| |
24|location of a charter school sponsored by a board of education of a |
| |
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1|school district or a technology center school district shall be |
| |
2|within the boundaries of the sponsoring school district. The |
| |
3|physical location of a charter school otherwise sponsored by the |
| |
4|State Board of Education Statewide Charter School Board pursuant to |
| |
5|paragraph 8 6 of subsection A of Section 3-132 of this title shall |
| |
6|be in the school district in which the application originated. |
| |
7| E. 1. Beginning July 1, 2024, any application seeking to |
| |
8|establish a charter school in this state shall be submitted first to |
| |
9|the school district in which the proposed charter school is to be |
| |
10|located. The school district board of education shall approve or |
| |
11|deny the application within sixty (60) days of receipt of the |
| |
12|application. If the charter school application is denied, nothing |
| |
13|shall prohibit an applicant from submitting a revised application to |
| |
14|the school district board of education, which shall approve or deny |
| |
15|the revised application within sixty (60) days of receipt of the |
| |
16|application. |
| |
17| 2. An applicant for a charter school that has been denied |
| |
18|pursuant to paragraph 1 of this subsection may submit an application |
| |
19|to a proposed sponsor listed in paragraphs 2 through 6 of subsection |
| |
20|A of Section 3-132 of this title, which shall either accept or |
| |
21|reject sponsorship of the charter school within ninety (90) days of |
| |
22|receipt of the application. If the proposed sponsor rejects the |
| |
23|application, it shall notify the applicant in writing of the reasons |
| |
24|for the rejection. The applicant may submit a revised application |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 44
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1|for reconsideration to the proposed sponsor within thirty (30) days |
| |
2|after receiving notification of the rejection. The proposed sponsor |
| |
3|shall accept or reject the revised application within thirty (30) |
| |
4|days of its receipt. Should the sponsor reject the application on |
| |
5|reconsideration, the applicant may appeal the decision to the State |
| |
6|Board of Education with the revised application for review pursuant |
| |
7|to paragraph 8 of subsection A of Section 3-132 of this title. The |
| |
8|State Board of Education shall hear the appeal no later than sixty |
| |
9|(60) days from the date received by the Board. |
| |
10| 3. Beginning July 1, 2024, an applicant for a virtual charter |
| |
11|school shall submit an application to the Statewide Charter School |
| |
12|Board, which shall either accept or reject sponsorship of the |
| |
13|virtual charter school within ninety (90) days of receipt of the |
| |
14|application. If the application is rejected, the Statewide Charter |
| |
15|School Board shall notify the applicant in writing of the reasons |
| |
16|for the rejection. The applicant may submit a revised application |
| |
17|for reconsideration to the Statewide Charter school Board within |
| |
18|thirty (30) days after receiving notification of the rejection. The |
| |
19|Statewide Charter School Board shall accept or reject the revised |
| |
20|application within thirty (30) days of its receipt. |
| |
21| F. A board of education of a school district, board of |
| |
22|education of a technology center school district, a higher education |
| |
23|institution, a private institution of higher learning accredited |
| |
24|pursuant to Section 4103 of this title, or a federally recognized |
| |
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1|Indian tribe sponsor of a charter school shall notify the State |
| |
2|Board of Education and the Statewide Charter School Board when it |
| |
3|accepts sponsorship of a charter school. The notification shall |
| |
4|include a copy of the charter of the charter school. |
| |
5| G. Applicants for charter schools and virtual charter schools |
| |
6|proposed to be sponsored by an entity other than a school district |
| |
7|pursuant to paragraph 1 of subsection A of Section 3-132 of this |
| |
8|title the Statewide Charter School Board may, upon rejection of the |
| |
9|a revised application, proceed to binding arbitration under the |
| |
10|commercial rules of the American Arbitration Association with costs |
| |
11|of the arbitration to be borne by the proposed sponsor applicant. |
| |
12|Applicants for charter schools proposed to be sponsored by school |
| |
13|districts pursuant to paragraph 1 of subsection A of Section 3-132 |
| |
14|of this title may not proceed to binding arbitration but may be |
| |
15|sponsored by the State Board of Education as provided in paragraph 8 |
| |
16|of subsection A of Section 3-132 of this title. |
| |
17| H. If a board of education of a technology center school |
| |
18|district school district, a higher education institution, the State |
| |
19|Board of Education a private institution of higher learning |
| |
20|accredited pursuant to Section 4103 of this title, or a federally |
| |
21|recognized Indian tribe accepts sponsorship of a charter school, the |
| |
22|administrative, fiscal, and oversight responsibilities of the |
| |
23|technology center school district school district, the higher |
| |
24|education institution, the private institution of higher learning |
| |
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1|accredited pursuant to Section 4103 of this title, or the federally |
| |
2|recognized Indian tribe shall be listed in the contract. No |
| |
3|administrative, fiscal, or oversight responsibilities of a charter |
| |
4|school shall be delegated to a school district unless the local |
| |
5|school district agrees to enter into a contract to assume the |
| |
6|responsibilities. |
| |
7| I. A sponsor of a public charter school shall have the |
| |
8|following powers and duties over charter schools it sponsors, and |
| |
9|the Statewide Charter School Board shall have the following powers |
| |
10|and duties over the charter schools and virtual charter schools it |
| |
11|sponsors: |
| |
12| 1. Provide services and oversight of the operations of charter |
| |
13|schools or virtual charter schools in the state through annual |
| |
14|performance reviews of charter schools and reauthorization of |
| |
15|charter schools for which it is a sponsor; |
| |
16| 2. Solicit and evaluate charter applications; |
| |
17| 3. Approve quality charter applications that meet identified |
| |
18|educational needs and promote a diversity of educational choices; |
| |
19| 4. Decline to approve weak or inadequate charter applications; |
| |
20| 5. Negotiate and execute sound charter contracts with each |
| |
21|approved public charter school or virtual charter school; |
| |
22| 6. Approve or deny proposed contracts between the governing |
| |
23|board of a charter school or virtual charter school and an |
| |
24| |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 47
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1|educational management organization, as defined by section 5-200 of |
| |
2|this title; |
| |
3| 7. Monitor, in accordance with charter contract terms, the |
| |
4|performance and legal compliance of charter schools and virtual |
| |
5|charter schools; and |
| |
6| 7. 8. Determine whether each charter contract merits renewal, |
| |
7|nonrenewal, or revocation. |
| |
8| J. Sponsors shall establish a procedure for accepting, |
| |
9|approving, and disapproving charter school applications in |
| |
10|accordance with subsection E of this section. The Statewide Charter |
| |
11|School Board shall post its application, application process, and |
| |
12|application time frames on the Board's website. |
| |
13| K. Sponsors including the Statewide Charter School Board shall |
| |
14|be required to develop and maintain chartering policies and |
| |
15|practices consistent with recognized principles and standards for |
| |
16|quality charter authorizing as established by the State Department |
| |
17|of Education sponsoring in all major areas of authorizing sponsoring |
| |
18|responsibility, including organizational capacity and |
| |
19|infrastructure, soliciting and evaluating charter school and virtual |
| |
20|charter school applications, performance contracting, ongoing |
| |
21|charter school and virtual charter school oversight and evaluation, |
| |
22|and charter contract renewal decision-making. |
| |
23| |
| |
24| |
| |
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1| L. Sponsors acting in their official capacity shall be immune |
| |
2|from civil and criminal liability with respect to all activities |
| |
3|related to a charter school with which they contract. |
| |
4| SECTION 7. AMENDATORY 70 O.S. 2021, Section 3-136, is |
| |
5|amended to read as follows: |
| |
6| Section 3-136. A. A Beginning July 1, 2024, a written contract |
| |
7|entered into between the Statewide Charter School Board and the |
| |
8|governing board of a charter school or statewide virtual charter |
| |
9|school or a written contract entered into between a sponsor and the |
| |
10|governing board of a charter school shall adopt a charter which will |
| |
11|ensure compliance with the following: |
| |
12| 1. A Except as provided for in the Oklahoma Charter Schools |
| |
13|Act, a charter school and virtual charter school shall be exempt |
| |
14|from all statutes and rules relating to schools, boards of |
| |
15|education, and school districts; provided, however, a charter school |
| |
16|or virtual charter school shall comply with all federal regulations |
| |
17|and state and local rules and statutes relating to health, safety, |
| |
18|civil rights, and insurance. By January 1, 2000, the State |
| |
19|Department of Education shall prepare a list of relevant rules and |
| |
20|statutes which a charter school and virtual charter school must |
| |
21|comply with as required by this paragraph and shall annually provide |
| |
22|an update to the list; |
| |
23| 2. A charter school shall be nonsectarian in its programs, |
| |
24|admission policies, employment practices, and all other operations. |
| |
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1|A sponsor may not authorize a charter school or program that is |
| |
2|affiliated with a nonpublic sectarian school or religious |
| |
3|institution; |
| |
4| 3. The charter contract shall provide a description of the |
| |
5|educational program to be offered. A charter school or virtual |
| |
6|charter school may provide a comprehensive program of instruction |
| |
7|for a prekindergarten program, a kindergarten program, or any grade |
| |
8|between grades one and twelve. Instruction may be provided to all |
| |
9|persons between the ages of four (4) and twenty-one (21) years of |
| |
10|age. A charter school or virtual charter school may offer a |
| |
11|curriculum which emphasizes a specific learning philosophy or style |
| |
12|or certain subject areas such as mathematics, science, fine arts, |
| |
13|performance arts, or foreign language. The charter of a charter |
| |
14|school or virtual charter school which offers grades nine through |
| |
15|twelve shall specifically address whether the charter school or |
| |
16|virtual charter school will comply with the graduation requirements |
| |
17|established in Section 11-103.6 of this title. No charter school |
| |
18|shall be chartered for the purpose of offering a curriculum for deaf |
| |
19|or blind students that is the same or similar to the curriculum |
| |
20|being provided by or for educating deaf or blind students that are |
| |
21|being served by the Oklahoma School for the Blind or the Oklahoma |
| |
22|School for the Deaf; |
| |
23| 4. A charter school or virtual charter school shall participate |
| |
24|in the testing as required by the Oklahoma School Testing Program |
| |
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1|Act and the reporting of test results as is required of a school |
| |
2|district. A charter school or virtual charter school shall also |
| |
3|provide any necessary data to the Office of Accountability within |
| |
4|the State Department of Education; |
| |
5| 5. Except as provided for in the Oklahoma Charter Schools Act |
| |
6|and its charter, a charter school shall be exempt from all statutes |
| |
7|and rules relating to schools, boards of education, and school |
| |
8|districts; |
| |
9| 6. A charter school, to the extent possible, or virtual charter |
| |
10|school shall be subject to the same reporting requirements, |
| |
11|financial audits, audit procedures, and audit requirements as a |
| |
12|school district. The State Department of Education or State Auditor |
| |
13|and Inspector may conduct financial, program, or compliance audits. |
| |
14|The Statewide Charter School Board may request that the State |
| |
15|Auditor and Inspector conduct a financial, program, or compliance |
| |
16|audit for any charter school or virtual charter school it oversees. |
| |
17|A charter school or virtual charter school shall use the Oklahoma |
| |
18|Cost Accounting System to report financial transactions to the |
| |
19|sponsoring school district State Department of Education. The |
| |
20|charter school or virtual charter school shall be subject to the |
| |
21|limitations on spending, including provisions of the Oklahoma |
| |
22|Constitution, for any funds received from the state, either through |
| |
23|the State Department of Education or other sources; |
| |
24| |
| |
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1| 7. 6. A charter school or virtual charter school shall comply |
| |
2|with all federal and state laws relating to the education of |
| |
3|children with disabilities in the same manner as a school district; |
| |
4| 8. 7. A charter school or virtual charter school shall provide |
| |
5|for a governing body board for the school which shall be responsible |
| |
6|for the policies and operational decisions of the charter school or |
| |
7|virtual charter school. A majority of the charter school or virtual |
| |
8|charter school governing board members shall be residents of this |
| |
9|state and shall meet no less than monthly in a public meeting within |
| |
10|the boundaries of the school district in which the charter school is |
| |
11|located or within this state if the governing board oversees |
| |
12|multiple charter schools in this state or oversees a virtual charter |
| |
13|school. The governing board of a charter school or virtual charter |
| |
14|school shall be subject to the same conflict of interest |
| |
15|requirements as a member of a school district board of education |
| |
16|including but not limited to Sections 5-113 and 5-124 of this title. |
| |
17| Members appointed to the governing board of a charter school or |
| |
18|virtual charter school shall be subject to the same instruction and |
| |
19|continuing education requirements as a member of a school district |
| |
20|board of education and pursuant to Section 5-110 of this title shall |
| |
21|complete twelve (12) hours of instruction within fifteen (15) months |
| |
22|of appointment to the governing board and pursuant to Section |
| |
23|5-110.1 of this title shall attend continuing education; |
| |
24| |
| |
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1| 9. 8. A charter school or virtual charter school shall not be |
| |
2|used as a method of generating revenue for students who are being |
| |
3|home schooled and are not being educated at an organized charter |
| |
4|school site or by a virtual charter school; |
| |
5| 10. 9. A charter school may or virtual charter school shall be |
| |
6|as equally free and open to all students as traditional public |
| |
7|schools and shall not charge tuition or fees; |
| |
8| 11. 10. A charter school or virtual charter school shall |
| |
9|provide instruction each year for at least the number of days or |
| |
10|hours required in Section 1-109 of this title; |
| |
11| 12. 11. A charter school or virtual charter school shall comply |
| |
12|with the student suspension requirements provided for in Section |
| |
13|24-101.3 of this title; |
| |
14| 13. 12. A charter school or virtual charter school shall be |
| |
15|considered a school district for purposes of tort liability under |
| |
16|The Governmental Tort Claims Act; |
| |
17| 14. 13. Employees of a charter school or virtual charter school |
| |
18|may participate as members of the Teachers' Retirement System of |
| |
19|Oklahoma in accordance with applicable statutes and rules if |
| |
20|otherwise allowed pursuant to law; |
| |
21| 15. 14. A charter school or virtual charter school may |
| |
22|participate in all health and related insurance programs available |
| |
23|to the employees of the sponsor of the charter school a public |
| |
24|school district; |
| |
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1| 16. 15. A charter school or virtual charter school and their |
| |
2|respective governing boards shall comply with the Oklahoma Open |
| |
3|Meeting Act and the Oklahoma Open Records Act; |
| |
4| 17. 16. The governing body board of a charter school or virtual |
| |
5|charter school shall be subject to the same conflict of interest |
| |
6|requirements as a member of a local school board notify the sponsor |
| |
7|within ten (10) business days in the instance of any significant |
| |
8|adverse actions, material findings of noncompliance, or pending |
| |
9|actions, claims, or proceedings in this state relating to the |
| |
10|charter school, the virtual charter school, or an educational |
| |
11|management organization with which the charter school or virtual |
| |
12|charter school has a contract; and |
| |
13| 18. 17. No later than September 1 each year, the governing |
| |
14|board of each charter school or virtual charter school formed |
| |
15|pursuant to the Oklahoma Charter Schools Act shall prepare a |
| |
16|statement of actual income and expenditures for the charter school |
| |
17|or virtual charter school for the fiscal year that ended on the |
| |
18|preceding June 30, in a manner compliant with Section 5-135 of this |
| |
19|title. The statement of expenditures shall include functional |
| |
20|categories as defined in rules adopted by the State Board of |
| |
21|Education to implement the Oklahoma Cost Accounting System pursuant |
| |
22|to Section 5-145 of this title. Charter schools and virtual charter |
| |
23|schools shall not be permitted to submit estimates of expenditures |
| |
24| |
| |
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1|or prorated amounts to fulfill the requirements of this paragraph; |
| |
2|and |
| |
3| 18. A charter school or virtual charter school contract shall |
| |
4|include performance provisions based on a performance framework that |
| |
5|clearly sets forth the academic and operational performance |
| |
6|indicators that shall be used by charter school and virtual charter |
| |
7|school sponsors to evaluate their respective schools. The sponsor |
| |
8|may develop a separate performance framework to evaluate a charter |
| |
9|school or virtual charter school that has been designated by the |
| |
10|State Department of Education as implementing an alternative |
| |
11|education program throughout the school. The sponsor shall require |
| |
12|a charter school or virtual charter school to submit the data |
| |
13|required in this subsection in the identical format that is required |
| |
14|by the State Department of Education of all public schools in order |
| |
15|to avoid duplicative administrative efforts or allow a charter |
| |
16|school or virtual charter school to provide permission to the |
| |
17|Department to share all required data with the Board. The |
| |
18|performance framework shall serve as the minimum requirement for |
| |
19|charter school and virtual charter school performance evaluation and |
| |
20|shall include, but not be limited to, the following indicators: |
| |
21| a. student academic proficiency, |
| |
22| b. student academic growth, |
| |
23| c. achievement gaps in both proficiency and growth |
| |
24| between major student subgroups, |
| |
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1| d. student attendance, |
| |
2| e. recurrent enrollment from year to year as determined |
| |
3| by the methodology used for public schools in |
| |
4| Oklahoma, |
| |
5| f. in the case of high schools, graduation rates as |
| |
6| determined by the methodology used for public schools |
| |
7| in Oklahoma, |
| |
8| g. in the case of high schools, postsecondary readiness, |
| |
9| |
| |
10| h. financial performance and sustainability and |
| |
11| compliance with state and Internal Revenue Service |
| |
12| financial reporting requirements, |
| |
13| i. audit findings or deficiencies, |
| |
14| j. accreditation and timely reporting, and |
| |
15| k. governing board performance and stewardship including |
| |
16| compliance with all applicable laws, regulations, and |
| |
17| terms of the charter contract. |
| |
18|The sponsor including the Statewide Charter School Board shall |
| |
19|annually evaluate its charter schools or virtual charter schools |
| |
20|according to the performance framework. The results of the |
| |
21|evaluation shall be presented to the governing board of the charter |
| |
22|school or virtual charter school and the governing board of the |
| |
23|charter school sponsor in an open meeting. |
| |
24| |
| |
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1| B. An applicant or the governing board of an applicant may hold |
| |
2|one or more charter contracts. Each charter school or virtual |
| |
3|charter school that is part of a charter contract shall be separate |
| |
4|and distinct from any other charter school or virtual charter |
| |
5|school. For the purposes of this subsection, "separate and |
| |
6|distinct" shall mean that a charter school or virtual charter school |
| |
7|governing board with oversight of more than one charter school or |
| |
8|virtual charter school shall not combine accounting, budgeting, |
| |
9|recordkeeping, admissions, employment, or policies and operational |
| |
10|decisions of the charter schools or virtual charter schools it |
| |
11|oversees. |
| |
12| C. The charter contract of a charter school or virtual charter |
| |
13|school shall include a description of the personnel policies, |
| |
14|personnel qualifications, and method of school governance, and the |
| |
15|specific role and duties of the sponsor of the charter school. A |
| |
16|charter school or virtual charter school shall not enter into an |
| |
17|employment contract with any teacher or other personnel until a |
| |
18|contract has been executed with its sponsor. The employment |
| |
19|contract shall set forth the personnel policies of the charter |
| |
20|school or virtual charter school including, but not limited to, |
| |
21|policies related to certification, professional development, |
| |
22|evaluation, suspension, dismissal and nonreemployment, sick leave, |
| |
23|personal business leave, emergency leave, and family and medical |
| |
24|leave. The contract shall also specifically set forth the salary, |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 57
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1|hours, fringe benefits, and work conditions. The contract may |
| |
2|provide for employer-employee bargaining, but the charter school or |
| |
3|virtual charter school shall not be required to comply with the |
| |
4|provisions of Sections 509.1 through 509.10 of this title. |
| |
5| Upon contracting with any teacher or other personnel, the |
| |
6|governing board of a charter school or virtual charter school shall, |
| |
7|in writing, disclose employment rights of the employees in the event |
| |
8|the charter school or virtual charter school closes or the charter |
| |
9|contract is not renewed. |
| |
10| No charter school or virtual charter school may begin serving |
| |
11|students without a contract executed in accordance with the |
| |
12|provisions of the Oklahoma Charter Schools Act and approved in an |
| |
13|open meeting of the governing board of the sponsor or the Statewide |
| |
14|Charter School Board. The governing board of the sponsor or the |
| |
15|Statewide Charter School Board may establish reasonable preopening |
| |
16|requirements or conditions to monitor the start-up progress of newly |
| |
17|approved charter schools or virtual charter schools and ensure that |
| |
18|each brick-and-mortar school is prepared to open smoothly on the |
| |
19|date agreed and to ensure that each school meets all building, |
| |
20|health, safety, insurance, and other legal requirements for the |
| |
21|opening of a school. |
| |
22| C. D. The charter of a charter school or virtual charter school |
| |
23|may be amended at the request of the governing body board of the |
| |
24| |
| |
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1|charter school or virtual charter school and upon the approval of |
| |
2|the sponsor. |
| |
3| D. E. A charter school or virtual charter school may enter into |
| |
4|contracts and sue and be sued. |
| |
5| E. F. The governing body board of a charter school may or |
| |
6|virtual charter school shall not levy taxes or issue bonds. A |
| |
7|school district that proposes a bond shall include any charter |
| |
8|school established pursuant to subsection A of Section 3-132 of this |
| |
9|title and located within the school district in planning |
| |
10|conversations regarding the bond. |
| |
11| F. G. The charter of a charter school or virtual charter school |
| |
12|shall include a provision specifying the method or methods to be |
| |
13|employed for disposing of real and personal property acquired by the |
| |
14|charter school or virtual charter school upon expiration or |
| |
15|termination of the charter or failure of the charter school or |
| |
16|virtual charter school to continue operations. Except as otherwise |
| |
17|provided, any real or personal property purchased with state or |
| |
18|local funds shall be retained by the sponsoring school district |
| |
19|sponsor. If a charter school that was previously sponsored by the |
| |
20|board of education of a school district continues operation within |
| |
21|the school district under a new charter sponsored by an entity |
| |
22|authorized pursuant to Section 3-132 of this title, the charter |
| |
23|school may retain any personal property purchased with state or |
| |
24|local funds for use in the operation of the charter school until |
| |
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1|termination of the new charter or failure of the charter school to |
| |
2|continue operations. |
| |
3| SECTION 8. AMENDATORY 70 O.S. 2021, Section 3-137, is |
| |
4|amended to read as follows: |
| |
5| Section 3-137. A. An approved An initial contract for between |
| |
6|a charter school or virtual charter school and its sponsor approved |
| |
7|on or after July 1, 2024, shall be effective for five (5) years from |
| |
8|the first day of operation. A After completing an initial five-year |
| |
9|term, a charter contract may be renewed for successive five-year up |
| |
10|to ten-year terms of duration, although the sponsor may vary the |
| |
11|term based on the performance, demonstrated capacities, and |
| |
12|particular circumstances of each charter school or virtual charter |
| |
13|school. A sponsor may grant renewal with specific conditions for |
| |
14|necessary improvements to a charter school or virtual charter |
| |
15|school. |
| |
16| B. Prior to the beginning of the fourth final year of operation |
| |
17|the contract term of a charter school or virtual charter school, the |
| |
18|sponsor shall issue a charter school performance report and charter |
| |
19|renewal application guidance to the charter school and the charter |
| |
20|school its governing board or the virtual charter school and its |
| |
21|governing board. The performance report shall summarize the |
| |
22|performance record to date of the charter school, or virtual charter |
| |
23|school based on the data required by the Oklahoma Charter Schools |
| |
24|Act, the annual performance framework evaluation, a review of the |
| |
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1|contract with an educational management organization if the charter |
| |
2|school or virtual charter school contracts with an educational |
| |
3|management organization, and the charter contract and taking. The |
| |
4|performance review shall take into consideration the percentage of |
| |
5|at-risk students enrolled in the charter school or virtual charter |
| |
6|school, and. The performance report shall provide notice of any |
| |
7|weaknesses or, concerns, violations, or deficiencies perceived by |
| |
8|the sponsor concerning the charter school or virtual charter school |
| |
9|that may jeopardize its position in seeking renewal if not timely |
| |
10|rectified. The If there are weaknesses, concerns, violations, or |
| |
11|deficiencies the sponsor may require a charter school or virtual |
| |
12|charter school to develop a corrective action plan and corresponding |
| |
13|timeline to remedy any weaknesses, concerns, violations, or |
| |
14|deficiencies. If the sponsor requires a corrective action plan, the |
| |
15|charter school or virtual charter school shall have forty-five (45) |
| |
16|days to respond to the performance report and submit any corrections |
| |
17|or clarifications for the report. If the charter school or virtual |
| |
18|charter school does not substantially complete the corrective action |
| |
19|plan, the sponsor may choose to revoke or not renew the charter |
| |
20|contract pursuant to the requirements of this section. |
| |
21| C. 1. Prior to the beginning of the fifth final year of |
| |
22|operation a charter contract term, the charter school or virtual |
| |
23|charter school may apply for renewal of the contract with the |
| |
24|sponsor including the Statewide Charter School Board. The renewal |
| |
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1|application guidance shall, at a minimum, provide an opportunity for |
| |
2|the charter school or virtual charter school to: |
| |
3| a. present additional evidence, beyond the data |
| |
4| contained in the performance report, supporting its |
| |
5| case for charter renewal, |
| |
6| b. describe improvements undertaken or planned for the |
| |
7| school, and |
| |
8| c. detail the plan for the next charter term for the |
| |
9| school. |
| |
10| 2. The renewal application guidance shall include or refer |
| |
11|explicitly to the criteria that will guide the renewal decisions of |
| |
12|the sponsor, which shall be based on the performance framework set |
| |
13|forth in the charter contract and consistent with the Oklahoma |
| |
14|Charter Schools Act. |
| |
15| D. The sponsor may deny the request for renewal if it |
| |
16|determines the charter school or virtual charter school has failed |
| |
17|to complete the obligations of the contract or comply with the |
| |
18|provisions of the Oklahoma Charter Schools Act. A sponsor shall |
| |
19|give written notice of its intent to deny the request for renewal at |
| |
20|least eight (8) months prior to expiration of the contract. In |
| |
21|making charter renewal decisions, a sponsor shall: |
| |
22| 1. Ground decisions on evidence of the performance of the |
| |
23|charter school or virtual charter school over the term of the |
| |
24|charter contract in accordance with the performance framework set |
| |
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1|forth in the charter contract and shall take into consideration the |
| |
2|percentage of at-risk students enrolled in the school; |
| |
3| 2. Grant renewal to charter schools or virtual charter schools |
| |
4|that have achieved the standards, targets, and performance |
| |
5|expectations as stated in the charter contract and are |
| |
6|organizationally and fiscally viable and have been faithful to the |
| |
7|terms of the contract and applicable law; |
| |
8| 3. Ensure that data used in making renewal decisions are |
| |
9|available to the school and the public; and |
| |
10| 4. Provide a public report summarizing the evidence used as the |
| |
11|basis for each decision. |
| |
12| E. If a sponsor the Statewide Charter School Board denies a |
| |
13|request for renewal, the governing board of the sponsor Board may, |
| |
14|if requested by the charter school or virtual charter school, |
| |
15|proceed to binding arbitration as provided for in subsection G of |
| |
16|Section 3-134 of this title. |
| |
17| F. A sponsor may terminate a contract during the term of the |
| |
18|contract for failure to meet the requirements for student |
| |
19|performance contained in the contract and performance framework, |
| |
20|failure to meet the standards of fiscal management, violations of |
| |
21|the law, or other good cause. The sponsor shall give at least |
| |
22|ninety (90) days' written notice to the governing board of the |
| |
23|charter school or virtual charter school prior to terminating the |
| |
24|contract. The governing board may request, in writing, an informal |
| |
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1|hearing before the sponsor within fourteen (14) days of receiving |
| |
2|notice. The sponsor shall conduct an informal hearing before taking |
| |
3|action. If a sponsor decides to terminate a contract, the governing |
| |
4|board may, if requested by the charter school, proceed to binding |
| |
5|arbitration as provided for in subsection G of Section 3-134 of this |
| |
6|title. |
| |
7| G. Beginning July 1, 2024, and subject to the provisions of |
| |
8|this section, a charter school sponsor authorized by subsection A of |
| |
9|Section 3-132 of this title with a charter contract that includes |
| |
10|more than one charter school site may terminate or not renew a |
| |
11|charter school contract for a specific charter school site. |
| |
12| H. 1. Beginning in the 2016-2017 school year, the State Board |
| |
13|of Education shall identify charter schools and virtual charter |
| |
14|schools in the state that are ranked in the bottom five percent (5%) |
| |
15|of all public schools as determined pursuant to Section 1210.545 of |
| |
16|this title. |
| |
17| 2. At the time of its charter renewal, based on an average of |
| |
18|the current year and the two (2) prior operating years, a sponsor |
| |
19|may close a charter school site or virtual charter school identified |
| |
20|as being among the bottom five percent (5%) of public schools in the |
| |
21|state. The average of the current year and two (2) prior operating |
| |
22|years shall be calculated by using the percentage ranking for each |
| |
23|year divided by three, as determined by this subsection. |
| |
24| |
| |
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1| 3. If there is a change to the calculation described in Section |
| |
2|1210.545 of this title that results in a charter school site or |
| |
3|virtual charter school that was not ranked in the bottom five |
| |
4|percent (5%) being ranked in the bottom five percent (5%), then the |
| |
5|sponsor shall use the higher of the two rankings to calculate the |
| |
6|ranking of the charter school site or virtual charter school. |
| |
7| 4. In the event that a sponsor fails to close a charter school |
| |
8|site consistent with this subsection, the sponsor shall appear |
| |
9|before the State Board of Education to provide support for its |
| |
10|decision. The State Board of Education may, by majority vote, |
| |
11|uphold or overturn the decision of the sponsor. If the decision of |
| |
12|the sponsor is overturned by the State Board of Education, the Board |
| |
13|may implement one of the following actions: |
| |
14| a. transfer the sponsorship of the charter school |
| |
15| identified in this paragraph to another sponsor, |
| |
16| b. order the closure of the charter school identified in |
| |
17| this paragraph at the end of the current school year, |
| |
18| or |
| |
19| c. order the reduction of any administrative fee |
| |
20| collected by the sponsor that is applicable to the |
| |
21| charter school identified in this paragraph. The |
| |
22| reduction shall become effective at the beginning of |
| |
23| the month following the month the hearing of the |
| |
24| sponsor is held by the State Board of Education. |
| |
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1| 5. A charter school or virtual charter school that is closed by |
| |
2|the State Board of Education its sponsor pursuant to paragraph 4 of |
| |
3|this subsection shall not be granted a subsequent charter by any |
| |
4|other sponsor contract. |
| |
5| 6. 5. The requirements of this subsection shall not apply to a |
| |
6|charter school or virtual charter school that has been designated by |
| |
7|the State Department of Education as implementing an alternative |
| |
8|education program throughout the charter school. |
| |
9| 7. 6. In making a charter school site or virtual charter school |
| |
10|closure decision, the State Board of Education sponsor shall |
| |
11|consider the following: |
| |
12| a. enrollment of students with special challenges such |
| |
13| as drug or alcohol addiction, prior withdrawal from |
| |
14| school, prior incarceration, or other special |
| |
15| circumstances, |
| |
16| b. high mobility of the student population resulting |
| |
17| from the specific purpose of the charter school or |
| |
18| virtual charter school, |
| |
19| c. annual improvement in the performance of students |
| |
20| enrolled in the charter school or virtual charter |
| |
21| school compared with the performance of students |
| |
22| enrolled in the charter school or virtual charter |
| |
23| school in the immediately preceding school year, and |
| |
24| |
| |
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1| d. whether a majority of students attending the charter |
| |
2| school or virtual charter school under consideration |
| |
3| for closure would likely revert to attending public |
| |
4| schools with lower academic achievement, as |
| |
5| demonstrated pursuant to Section 1210.545 of this |
| |
6| title. |
| |
7| 8. 7. If the State Board of Education has closed or transferred |
| |
8|authorization of at least twenty-five percent (25%) of the charter |
| |
9|schools chartered by one sponsor are closed within a five-year |
| |
10|period pursuant to paragraph 4 of this subsection, the authority of |
| |
11|the sponsor to authorize sponsor new charter schools may be |
| |
12|suspended by the Board Statewide Charter School Board until the |
| |
13|Board approves the sponsor to authorize sponsor new charter schools. |
| |
14| A determination under made pursuant to this paragraph to suspend |
| |
15|the authority of a sponsor to authorize new charter schools shall |
| |
16|identify the deficiencies that, if corrected, will result in the |
| |
17|approval of the sponsor to authorize sponsor new charter schools. |
| |
18| H. I. If a sponsor terminates a contract or the charter school |
| |
19|or virtual charter school is closed, the closure shall be conducted |
| |
20|in accordance with the following protocol: |
| |
21| 1. Within two (2) calendar weeks of a final closure |
| |
22|determination, the sponsor shall meet with the governing board and |
| |
23|leadership of the charter school or virtual charter school to |
| |
24|establish a transition team composed of school staff, applicant |
| |
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1|staff, and others designated by the applicant that will attend to |
| |
2|the closure, including the transfer of students, student records, |
| |
3|and school funds; |
| |
4| 2. The sponsor and transition team shall communicate regularly |
| |
5|and effectively with families of students enrolled in the charter |
| |
6|school or virtual charter school, as well as with school staff and |
| |
7|other stakeholders, to keep them apprised of key information |
| |
8|regarding the closure of the school and their options and risks; |
| |
9| 3. The sponsor and transition team shall ensure that current |
| |
10|instruction of students enrolled in the charter school or virtual |
| |
11|charter school continues per the charter agreement contract for the |
| |
12|remainder of the school year; |
| |
13| 4. The sponsor and transition team shall ensure that all |
| |
14|necessary and prudent notifications are issued to agencies, |
| |
15|employees, insurers, contractors, creditors, debtors, and management |
| |
16|organizations; and |
| |
17| 5. The governing board of the charter school or virtual charter |
| |
18|school shall continue to meet as necessary to take actions needed to |
| |
19|wind down school operations, manage school finances, allocate |
| |
20|resources, and facilitate all aspects of closure. |
| |
21| I. J. A sponsor including the Statewide Charter School Board |
| |
22|shall develop revocation and nonrenewal processes that are |
| |
23|consistent with the Oklahoma Charter Schools Act and that: |
| |
24| |
| |
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1| 1. Provide the charter school or virtual charter school with a |
| |
2|timely notification of the prospect of revocation or nonrenewal and |
| |
3|of the reasons for possible closure; |
| |
4| 2. Allow the charter school or virtual charter school a |
| |
5|reasonable amount of time in which to prepare a response; |
| |
6| 3. Provide the charter school or virtual charter school with an |
| |
7|opportunity to submit documents and give testimony in a public |
| |
8|hearing challenging the rationale for closure and in support of the |
| |
9|continuation of the school at an orderly proceeding held for that |
| |
10|purpose and prior to taking any final nonrenewal or revocation |
| |
11|decision related to the school; |
| |
12| 4. Allow the charter school or virtual charter school access to |
| |
13|representation by counsel to call witnesses on its behalf; |
| |
14| 5. Permit the recording of the proceedings; and |
| |
15| 6. After a reasonable period for deliberation, require a final |
| |
16|determination be made and conveyed in writing to the charter school |
| |
17|or virtual charter school. |
| |
18| J. K. If a sponsor revokes or does not renew a charter |
| |
19|contract, the sponsor shall clearly state in a resolution the |
| |
20|reasons for the revocation or nonrenewal. If a charter is revoked |
| |
21|or nonrenewed, the charter school or virtual charter school shall |
| |
22|disclose the revocation or nonrenewal in any subsequent application. |
| |
23| K. 1. Before a sponsor may issue a charter to a charter school |
| |
24|governing body that has had its charter terminated or has been |
| |
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1|informed that its charter will not be renewed by the current |
| |
2|sponsor, the sponsor shall request to have the proposal reviewed by |
| |
3|the State Board of Education at a hearing. The State Board of |
| |
4|Education shall conduct a hearing in which the sponsor shall present |
| |
5|information indicating that the proposal of the organizer is |
| |
6|substantively different in the areas of deficiency identified by the |
| |
7|current sponsor from the current proposal as set forth within the |
| |
8|charter with its current sponsor. |
| |
9| 2. After the State Board of Education conducts a hearing |
| |
10|pursuant to this subsection, the Board shall either approve or deny |
| |
11|the proposal. |
| |
12| 3. If the proposal is denied, no sponsor may issue a charter to |
| |
13|the charter school governing body. |
| |
14| L. If a charter contract is not renewed, the governing board of |
| |
15|the charter school may submit an application to a proposed new |
| |
16|sponsor as provided for in Section 3-134 of this title. |
| |
17| M. If a charter contract is not renewed or is terminated |
| |
18|according to this section, a student who attended the charter school |
| |
19|or virtual charter school may enroll in the resident school district |
| |
20|of the student or may apply for a transfer in accordance with |
| |
21|Section 8-103 of this title the Education Open Transfer Act. |
| |
22| SECTION 9. AMENDATORY 70 O.S. 2021, Section 3-139, is |
| |
23|amended to read as follows: |
| |
24| |
| |
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1| Section 3-139. A. A sponsoring school district shall determine |
| |
2|whether a teacher who is employed by or teaching at a charter school |
| |
3|or virtual charter school and who was previously employed as a |
| |
4|teacher at the sponsoring public school district shall not lose any |
| |
5|right of salary status or any other benefit provided by law due to |
| |
6|teaching at a charter school or virtual charter school upon |
| |
7|returning to the sponsoring public school district to teach. |
| |
8| B. A teacher who is employed by or teaching at a charter school |
| |
9|or virtual charter school and who submits an employment application |
| |
10|to the school district where the teacher was employed immediately |
| |
11|before employment by or at a charter school or virtual charter |
| |
12|school shall be given employment preference by the school district |
| |
13|if: |
| |
14| 1. The teacher submits an employment application to the school |
| |
15|district no later than three (3) years after ceasing employment with |
| |
16|the school district; and |
| |
17| 2. A suitable position is available at the school district. |
| |
18| SECTION 10. AMENDATORY 70 O.S. 2021, Section 3-140, is |
| |
19|amended to read as follows: |
| |
20| Section 3-140. A. Except for a charter school sponsored by the |
| |
21|State Board of Education, a A charter school with a brick-and-mortar |
| |
22|school site or sites shall enroll those students whose legal |
| |
23|residence is within the boundaries of the school district in which |
| |
24|the charter school is located and who submit a timely application, |
| |
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1|or those students who transfer to the district in which the charter |
| |
2|school is located in accordance with Section 8-103 or 8-104 of this |
| |
3|title the Education Open Transfer Act, unless the number of |
| |
4|applications exceeds the capacity of a program, class, grade level, |
| |
5|or building. Students who reside in a school district where a |
| |
6|charter school is located shall not be required to obtain a transfer |
| |
7|in order to attend a charter school in the school district of |
| |
8|residence. If capacity is insufficient to enroll all eligible |
| |
9|students, the charter school shall select students through a lottery |
| |
10|selection process. Except for a charter school sponsored by the |
| |
11|State Board of Education, a A charter school shall give enrollment |
| |
12|preference to eligible students who reside within the boundaries of |
| |
13|the school district in which the charter school is located. Except |
| |
14|for a charter school sponsored by the State Board of Education, a |
| |
15|charter school created after November 1, 2010, shall give enrollment |
| |
16|preference to eligible students who reside within the boundaries of |
| |
17|the school district in which the charter school is located and who |
| |
18|attend a school site that has been identified as in need of |
| |
19|improvement by the State Board of Education pursuant to the |
| |
20|Elementary and Secondary Education Act of 1965, as amended or |
| |
21|reauthorized. A charter school may limit admission to students |
| |
22|within a given age group or grade level. A charter school sponsored |
| |
23|by the State Board of Education Statewide Charter School Board when |
| |
24|the applicant of the charter school is the Office of Juvenile |
| |
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1|Affairs shall limit admission to youth that are in the custody or |
| |
2|supervision of the Office of Juvenile Affairs. |
| |
3| B. Except for a charter school sponsored by the State Board of |
| |
4|Education, a A brick-and-mortar charter school shall admit students |
| |
5|who reside in the attendance area of a school or in a school |
| |
6|district that is under a court order of desegregation or that is a |
| |
7|party to an agreement with the United States Department of Education |
| |
8|Office for Civil Rights directed towards mediating alleged or proven |
| |
9|racial discrimination unless notice is received from the resident |
| |
10|school district that admission of the student would violate the |
| |
11|court order or agreement. |
| |
12| C. A brick-and-mortar charter school may designate a specific |
| |
13|geographic area within the school district in which the charter |
| |
14|school is located as an academic enterprise zone and may limit |
| |
15|admissions to students who reside within that area. An academic |
| |
16|enterprise zone shall be a geographic area in which sixty percent |
| |
17|(60%) or more of the children who reside in the area qualify for the |
| |
18|free or reduced school lunch program. |
| |
19| D. Except as provided in subsections B and C of this section, a |
| |
20|charter school or virtual charter school shall not limit admission |
| |
21|based on ethnicity, national origin, gender, income level, disabling |
| |
22|condition, proficiency in the English language, measures of |
| |
23|achievement, aptitude, or athletic ability. |
| |
24| |
| |
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1| E. A sponsor of a charter school shall not restrict the number |
| |
2|of students a charter school may enroll, and the Statewide Charter |
| |
3|School Board shall not restrict the number of students a virtual |
| |
4|charter school or charter school may enroll. The capacity of the a |
| |
5|charter school or virtual charter school shall be determined |
| |
6|annually quarterly by the governing board of the charter school |
| |
7|based on the ability of the charter school to facilitate the |
| |
8|academic success of the students, to achieve the other objectives |
| |
9|specified in the charter contract, and to ensure that the student |
| |
10|enrollment does not exceed the capacity of its facility or site or |
| |
11|virtual charter school pursuant to the provisions of the Education |
| |
12|Open Transfer Act. |
| |
13| F. Beginning July 1, 2024, each statewide virtual charter |
| |
14|school which has been approved and sponsored by the Statewide |
| |
15|Charter School Board or any virtual charter school for which the |
| |
16|Board has assumed sponsorship as provided for in Section 1 of this |
| |
17|act shall be considered a statewide virtual charter school and the |
| |
18|geographic boundaries of each statewide virtual charter school shall |
| |
19|be the borders of the state. |
| |
20| H. Beginning July 1, 2024, students enrolled full-time in a |
| |
21|statewide virtual charter school sponsored by the Statewide Charter |
| |
22|School Board shall not be authorized to participate in any |
| |
23|activities administered by the Oklahoma Secondary School Activities |
| |
24|Association. However, the students may participate in intramural |
| |
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1|activities sponsored by a statewide virtual charter school, an |
| |
2|online provider for the charter school, or any other outside |
| |
3|organization. |
| |
4| I. 1. Beginning July 1, 2024, a public school student who |
| |
5|wishes to enroll in a virtual charter school shall be considered a |
| |
6|transfer student from his or her resident school district. A |
| |
7|virtual charter school shall pre-enroll any public school student |
| |
8|whose parent or legal guardian expresses intent to enroll in the |
| |
9|virtual charter school. Upon pre-enrollment, the State Department |
| |
10|of Education shall initiate a transfer on a form to be completed by |
| |
11|the receiving virtual charter school. Upon approval of the |
| |
12|receiving virtual charter school, the student may begin |
| |
13|instructional activities. Upon notice that a public school student |
| |
14|has transferred to a virtual charter school, the resident school |
| |
15|district shall transmit the student's records within three (3) |
| |
16|school days. |
| |
17| 2. The State Department of Education shall notify the |
| |
18|Legislature and Governor if it determines that the information |
| |
19|technology infrastructure necessary to process the transfer of |
| |
20|students to a virtual charter school is inadequate and additional |
| |
21|time is needed for implementation. |
| |
22| 3. A public school student may transfer to one statewide |
| |
23|virtual charter school at any time during a school year. For |
| |
24|purposes of this subsection, "school year" shall mean July 1 through |
| |
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1|the following June 30. After one statewide virtual charter school |
| |
2|transfer during a school year, no public school student shall be |
| |
3|permitted to transfer to any other statewide virtual charter school |
| |
4|without the concurrence of both the resident school district and the |
| |
5|receiving virtual charter school. A student shall have a grace |
| |
6|period of fifteen (15) school days from the first day of enrollment |
| |
7|in a statewide virtual charter school to withdraw without academic |
| |
8|penalty and shall continue to have the option of one virtual charter |
| |
9|school transfer without the concurrence of both the resident school |
| |
10|district and the receiving virtual charter school during that same |
| |
11|school year. A statewide virtual charter school student that has |
| |
12|utilized the allowable one transfer pursuant to this subsection |
| |
13|shall not be permitted to transfer to another school district or |
| |
14|another statewide virtual charter school without first notifying his |
| |
15|or her resident district and initiating a new transfer. Upon |
| |
16|cancellation of a transfer, the virtual charter school shall |
| |
17|transmit the student's records to the student's new school district |
| |
18|within three (3) school days. Students enrolled in a statewide |
| |
19|virtual charter school shall not be required to submit a virtual |
| |
20|charter transfer for consecutive years of enrollment. Any student |
| |
21|enrolled in a statewide virtual charter school the year prior to the |
| |
22|implementation of this section shall not be required to submit a |
| |
23|transfer in order to remain enrolled. |
| |
24| |
| |
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1| J. 1. Beginning July 1, 2024, a student shall be eligible to |
| |
2|enroll in a statewide virtual charter school sponsored by the |
| |
3|Statewide Charter School Board pursuant to Section 1 of this act if |
| |
4|he or she is a student whose parent or legal guardian is transferred |
| |
5|or is pending transfer to a military installation within this state |
| |
6|while on active military duty pursuant to an official military |
| |
7|order. |
| |
8| 2. A statewide virtual charter school shall accept applications |
| |
9|by electronic means for enrollment and course registration for |
| |
10|students described in paragraph 1 of this subsection. |
| |
11| 3. The parent or legal guardian of a student described in |
| |
12|paragraph 1 of this subsection shall provide proof of residence in |
| |
13|this state within ten (10) days after the published arrival date |
| |
14|provided on official documentation. A parent or legal guardian may |
| |
15|use the following addresses as proof of residence: |
| |
16| a. a temporary on-base billeting facility, |
| |
17| b. a purchased or leased home or apartment, or |
| |
18| c. federal government or public-private venture off-base |
| |
19| military housing. |
| |
20| 4. The provisions of paragraph 3 of subsection I shall apply to |
| |
21|students described in paragraph 1 of this subsection. |
| |
22| 5. For purposes of this subsection: |
| |
23| a. "active military duty" means full-time military duty |
| |
24| status in the active uniformed service of the United |
| |
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1| States including members of the National Guard and |
| |
2| Military Reserve on active duty orders, and |
| |
3| b. "military installation" means a base, camp, post, |
| |
4| station, yard, center, homeport facility for any ship, |
| |
5| or other installation under the jurisdiction of the |
| |
6| Department of Defense or the United States Coast |
| |
7| Guard. |
| |
8| SECTION 11. AMENDATORY 70 O.S. 2021, Section 3-142, is |
| |
9|amended to read as follows: |
| |
10| Section 3-142. A. The student membership and attendance of the |
| |
11|a charter school shall be considered separate from the student |
| |
12|membership and attendance of the sponsor for the purpose of |
| |
13|calculating enrollment and funding including weighted average daily |
| |
14|membership pursuant to Section 18-201.1 of this title and State Aid |
| |
15|pursuant to Section 18-200.1 of this title. A charter school shall |
| |
16|receive the State Aid allocation, federal funds to which it is |
| |
17|eligible and qualifies for, and any other state-appropriated revenue |
| |
18|generated by its students for the applicable year. Not more than |
| |
19|three percent (3%) of the State Aid allocation may be charged by the |
| |
20|sponsor as a fee for administrative services rendered if the sponsor |
| |
21|is a school district, a comprehensive or regional institution of |
| |
22|higher education, a two-year college, a private institution of |
| |
23|higher learning accredited pursuant to Section 4103 of this title, |
| |
24|or a federally recognized Indian tribe pursuant to Section 3-132 of |
| |
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1|this title. The Statewide Charter School Board shall not charge any |
| |
2|charter school or virtual charter school a fee for administrative or |
| |
3|other services. The State Board of Education State Department of |
| |
4|Education shall determine the policy and procedure for making |
| |
5|payments to a charter school or virtual charter school. The fee for |
| |
6|administrative services as authorized in this subsection shall only |
| |
7|be assessed on the State Aid allocation amount and shall not be |
| |
8|assessed on any other appropriated amounts. A sponsor of a charter |
| |
9|school shall not charge any additional State Aid allocation or |
| |
10|charge the charter school any additional fee above the amounts |
| |
11|allowed by this subsection unless the additional fees are for |
| |
12|additional services rendered. The charter school sponsor shall |
| |
13|provide to the State Department of Education financial records |
| |
14|documenting any state funds charged by the sponsor for |
| |
15|administrative services rendered for the previous year. |
| |
16| B. The fee for administrative services authorized by subsection |
| |
17|A of this section shall be used by the sponsor to provide oversight |
| |
18|and services to the charter schools it sponsors. The State |
| |
19|Department of Education shall develop data codes for the Oklahoma |
| |
20|Cost Accounting System which shall be used to comply with the |
| |
21|administrative services reporting required by this section. A |
| |
22|charter school sponsor shall publish a detailed report on its |
| |
23|website and present the report in a public meeting of the charter |
| |
24|school governing board and the charter school sponsor governing |
| |
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1|board. The report shall provide sponsor performance and stewardship |
| |
2|including compliance with all applicable laws, regulations, and |
| |
3|terms of the charter contract and listing expenses related to |
| |
4|oversight and services provided by the sponsor to the charter |
| |
5|schools it sponsors. |
| |
6| 1. The weighted average daily membership for the first year of |
| |
7|operation of a charter school shall be determined initially by |
| |
8|multiplying the actual enrollment of students as of August 1 by |
| |
9|1.333. The charter school shall receive revenue equal to that which |
| |
10|would be generated by the estimated weighted average daily |
| |
11|membership calculated pursuant to this paragraph. At midyear, the |
| |
12|allocation for the charter school shall be adjusted using the first |
| |
13|quarter weighted average daily membership for the charter school |
| |
14|calculated pursuant to subsection A of this section. |
| |
15| 2. C. For the purpose of calculating weighted average daily |
| |
16|membership pursuant to Section 18-201.1 of this title and State Aid |
| |
17|pursuant to Section 18-200.1 of this title, the weighted average |
| |
18|daily membership for the first year of operation and each year |
| |
19|thereafter of a charter school or full-time statewide virtual |
| |
20|charter school sponsored by the Statewide Virtual Charter School |
| |
21|Board shall be determined by multiplying the actual enrollment of |
| |
22|students as of August 1 by 1.333. The full-time charter school or |
| |
23|virtual charter school shall receive revenue equal to that which |
| |
24|would be generated by the estimated weighted average daily |
| |
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1|membership calculated pursuant to this paragraph. At midyear, the |
| |
2|allocation for the full-time statewide charter school or virtual |
| |
3|charter school shall be adjusted using the first quarter weighted |
| |
4|average daily membership for the charter school or virtual charter |
| |
5|school calculated pursuant to subsection A of this section. |
| |
6| C. D. Except as explicitly authorized by state law, a charter |
| |
7|school or virtual charter school shall not be eligible to receive |
| |
8|state-dedicated, local, or county revenue; provided, a charter |
| |
9|school or virtual charter school may be eligible to receive any |
| |
10|other aid, grants, or revenues allowed to other schools. A charter |
| |
11|school or virtual charter school shall be considered a local |
| |
12|education agency for purposes of funding. |
| |
13| D. E. Any unexpended funds received by a charter school or |
| |
14|virtual charter school may be reserved and used for future purposes. |
| |
15| The governing body board of a charter school or virtual charter |
| |
16|school shall not levy taxes or issue bonds. If otherwise allowed by |
| |
17|law, the governing body board of a charter school or virtual charter |
| |
18|school may enter into private contracts for the purposes of |
| |
19|borrowing money from lenders. If the governing body board of the |
| |
20|charter school or virtual charter school borrows money, the charter |
| |
21|school or virtual charter school shall be solely responsible for |
| |
22|repaying the debt, and the state or the sponsor shall not in any way |
| |
23|be responsible or obligated to repay the debt. |
| |
24| |
| |
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1| E. F. Any charter school or virtual charter school which |
| |
2|chooses to lease property shall be eligible to receive current |
| |
3|government lease rates. |
| |
4| F. G. Except as otherwise provided in this subsection, each |
| |
5|charter school shall pay to the Charter School Closure Reimbursement |
| |
6|Revolving Fund created in subsection G H of this section an amount |
| |
7|equal to Five Dollars ($5.00) per student based on average daily |
| |
8|membership, as defined by paragraph 2 of Section 18-107 of this |
| |
9|title, during the first nine (9) weeks of the school year. Each |
| |
10|charter school shall complete the payment every school year within |
| |
11|thirty (30) days after the first nine (9) weeks of the school year. |
| |
12|If the Charter School Closure Reimbursement Revolving Fund has a |
| |
13|balance of One Million Dollars ($1,000,000.00) or more on July 1, no |
| |
14|payment shall be required the following school year. |
| |
15| G. H. There is hereby created in the State Treasury a revolving |
| |
16|fund for the State Department of Education Statewide Charter School |
| |
17|Board to be designated the "Charter School Closure Reimbursement |
| |
18|Revolving Fund". The fund shall be a continuing fund, not subject |
| |
19|to fiscal year limitations, and shall consist of all monies received |
| |
20|by the State Department of Education Statewide Charter School Board |
| |
21|from charter schools as provided in subsection F G of this section. |
| |
22|All monies accruing to the credit of said the fund are hereby |
| |
23|appropriated and may be budgeted and expended by the State |
| |
24|Department of Education Statewide Charter School Board for the |
| |
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1|purpose of reimbursing charter school sponsors for costs paying for |
| |
2|expenditures incurred due to the closure of a charter school. |
| |
3|Expenditures from said the fund shall be made upon warrants issued |
| |
4|by the State Treasurer against claims filed as prescribed by law |
| |
5|with the Director of the Office of Management and Enterprise |
| |
6|Services for approval and payment. The State Department of |
| |
7|Education may promulgate rules regarding sponsor eligibility for |
| |
8|reimbursement. |
| |
9| SECTION 12. AMENDATORY 70 O.S. 2021, Section 3-143, is |
| |
10|amended to read as follows: |
| |
11| Section 3-143. The State Board of Education Statewide Charter |
| |
12|School Board shall issue an annual report to the Legislature and the |
| |
13|Governor outlining the status of charter schools and virtual charter |
| |
14|schools in the state. Each charter school and virtual charter |
| |
15|school shall annually file a report with the Office of |
| |
16|Accountability. The report Statewide Charter School Board that |
| |
17|shall include such information as requested by the Office of |
| |
18|Accountability, Board including but not limited to information on |
| |
19|enrollment, testing, curriculum, finances, and employees. |
| |
20| SECTION 13. AMENDATORY 70 O.S. 2021, Section 3-144, is |
| |
21|amended to read as follows: |
| |
22| Section 3-144. A. There is hereby created in the State |
| |
23|Treasury a fund to be designated the "Charter Schools Incentive |
| |
24|Fund". The fund shall be a continuing fund, not subject to fiscal |
| |
arsid15532372 SENATE FLOOR VERSION - SB516 SFLR Page 83
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1|year limitations, and shall consist of all monies appropriated by |
| |
2|the Legislature, gifts, grants, devises, and donations from any |
| |
3|public or private source. The State Department of Education |
| |
4|Statewide Charter School Board shall administer the fund for the |
| |
5|purpose of providing financial support to charter school and virtual |
| |
6|charter school applicants and charter schools and virtual charter |
| |
7|schools for start-up costs and costs associated with renovating or |
| |
8|remodeling existing buildings and structures for use by a charter |
| |
9|school. The State Department of Education Statewide Charter School |
| |
10|Board is authorized to allocate funds on a per-pupil basis for |
| |
11|purposes of providing matching funds for the federal State Charter |
| |
12|School Facilities Incentive Grants Program created pursuant to the |
| |
13|No Child Left Behind Act, 20 USCA, Section 7221d. |
| |
14| B. The State Board of Education Statewide Charter School Board |
| |
15|shall adopt rules to implement the provisions of this section, |
| |
16|including application and notification requirements. |
| |
17| SECTION 14. AMENDATORY 70 O.S. 2021, Section 3-145.5, as |
| |
18|amended by Section 2, Chapter 153, O.S.L. 2022 (70 O.S. Supp. 2022, |
| |
19|Section 3-145.5), is amended to read as follows: |
| |
20| Section 3-145.5. A. Notwithstanding any other provision of |
| |
21|law, beginning July 1, 2014, no school district shall enter into a |
| |
22|virtual charter school contract with a provider to provide full-time |
| |
23|virtual education to students who do not reside within the school |
| |
24|district boundaries. |
| |
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1| B. Effective July 1, 2014, the Statewide Virtual Charter School |
| |
2|Board shall succeed to any contractual rights and responsibilities |
| |
3|incurred by a school district in a virtual charter school contract |
| |
4|executed prior to January 1, 2014, with a provider to provide |
| |
5|full-time virtual education to students who do not reside within the |
| |
6|school district boundaries. All property, equipment, supplies, |
| |
7|records, assets, current and future liability, encumbrances, |
| |
8|obligations, and indebtedness associated with the contract shall be |
| |
9|transferred to the Statewide Virtual Charter School Board. |
| |
10|Appropriate conveyances and other documents shall be executed to |
| |
11|effectuate the transfer of any property associated with the |
| |
12|contract. Upon succession of the contract, the Board shall assume |
| |
13|sponsorship of the virtual charter school for the remainder of the |
| |
14|term of the contract. Prior to the end of the current term of the |
| |
15|contract, the Board shall allow the provider of the virtual charter |
| |
16|school to apply for renewal of the contract with the Board in |
| |
17|accordance with the renewal procedures established pursuant to |
| |
18|Section 3-145.3 of this title. |
| |
19| SECTION 15. AMENDATORY 70 O.S. 2021, Section 3-145.7, is |
| |
20|amended to read as follows: |
| |
21| Section 3-145.7. There A. Until July 1, 2024, there is hereby |
| |
22|created in the State Treasury a revolving fund for the Statewide |
| |
23|Virtual Charter School Board to be designated the "Statewide Virtual |
| |
24|Charter School Board Revolving Fund". The fund shall be a |
| |
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1|continuing fund, not subject to fiscal year limitations, and shall |
| |
2|consist of all monies received by the Statewide Virtual Charter |
| |
3|School Board from State Aid pursuant to Section 3-145.3 of Title 70 |
| |
4|of the Oklahoma Statutes this title or any other state |
| |
5|appropriation. All monies accruing to the credit of the fund are |
| |
6|hereby appropriated and may be budgeted and expended by the |
| |
7|Statewide Virtual Charter School Board for the purpose of supporting |
| |
8|the mission of the Statewide Virtual Charter School Board. |
| |
9|Expenditures from the fund shall be made upon warrants issued by the |
| |
10|State Treasurer against claims filed as prescribed by law with the |
| |
11|Director of the Office of Management and Enterprise Services for |
| |
12|approval and payment. |
| |
13| B. On July 1, 2024, the Statewide Virtual Charter School Board |
| |
14|shall transfer any unencumbered funds in the Statewide Virtual |
| |
15|Charter School Board Revolving Fund to the Statewide Charter School |
| |
16|Board Revolving Fund created pursuant to Section 3 of this act. Any |
| |
17|funds which are unexpended on January 1, 2025, shall be transferred |
| |
18|to the Statewide Charter School Board Revolving Fund. |
| |
19| SECTION 16. AMENDATORY 70 O.S. 2021, Section 3-145.8, is |
| |
20|amended to read as follows: |
| |
21| Section 3-145.8. A. It shall be the duty of each virtual |
| |
22|charter school approved and sponsored by the Statewide Virtual |
| |
23|School Board pursuant to the provisions of Section 3-145.3 of Title |
| |
24|70 of the Oklahoma Statutes Statewide Charter School Board to keep a |
| |
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1|full and complete record of the attendance of all students enrolled |
| |
2|in the virtual charter school in one of the student information |
| |
3|systems approved by the State Department of Education and locally |
| |
4|selected by the virtual school from the approved list. |
| |
5| B. By July 1, 2020, the governing body board of each virtual |
| |
6|charter school shall adopt an attendance policy. The policy may |
| |
7|allow attendance to be a proportional amount of the required |
| |
8|attendance policy provisions based upon the date of enrollment of |
| |
9|the student. The attendance policy shall include the following |
| |
10|provisions: |
| |
11| 1. The first date of attendance and membership shall be the |
| |
12|first date the student completes an instructional activity. |
| |
13| 2. A student who attends a virtual charter school shall be |
| |
14|considered in attendance for a quarter if the student: |
| |
15| a. completes instructional activities on no less than |
| |
16| ninety percent (90%) of the days within the quarter, |
| |
17| b. is on pace for on-time completion of the course as |
| |
18| defined by the governing board of the virtual charter |
| |
19| school, or |
| |
20| c. completes no less than seventy-two instructional |
| |
21| activities within the quarter of the academic year. |
| |
22| 3. For a student who does not meet any of the criteria set |
| |
23|forth in paragraph 1 or 2 of this subsection, the amount of |
| |
24|attendance recorded shall be the greater of: |
| |
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1| a. the number of school days during which the student |
| |
2| completed the instructional activities during the |
| |
3| quarter, |
| |
4| b. the number of school days proportional to the |
| |
5| percentage of the course that has been completed, or |
| |
6| c. the number of school days proportional to the |
| |
7| percentage of the required minimum number of completed |
| |
8| instructional activities during the quarter. |
| |
9| C. For the purposes of this section, "instructional activities" |
| |
10|shall include instructional meetings with a teacher, completed |
| |
11|assignments that are used to record a grade for a student that is |
| |
12|factored into the student's grade for the semester during which the |
| |
13|assignment is completed, testing and, school-sanctioned field trips, |
| |
14|and orientation. |
| |
15| D. Each statewide virtual charter school approved and sponsored |
| |
16|by the Statewide Virtual Charter School Board pursuant to the |
| |
17|provisions of Section 3-145.3 of this title Statewide Charter School |
| |
18|Board shall offer a student orientation, notify the parent or legal |
| |
19|guardian and each student who enrolls in that school of the |
| |
20|requirement to participate in the student orientation, and require |
| |
21|all students enrolled to complete the student orientation prior to |
| |
22|completing any other instructional activity. The Statewide Virtual |
| |
23|Charter School Board Statewide Charter School Board shall promulgate |
| |
24|rules to develop materials for orientation. |
| |
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1| E. Any student that is behind pace and does not complete an |
| |
2|instructional activity for a fifteen-school-day period shall be |
| |
3|withdrawn for truancy. The virtual charter school shall submit a |
| |
4|notification to the parent or legal guardian of a student who has |
| |
5|been withdrawn for truancy or is approaching truancy. |
| |
6| F. A student who is reported for truancy two times in the same |
| |
7|school year shall be withdrawn and prohibited from enrolling in the |
| |
8|same virtual charter school for the remainder of the school year. |
| |
9| G. The governing body board of each statewide virtual charter |
| |
10|school shall develop, adopt, and post on the school's website a |
| |
11|policy regarding consequences for a student's failure to attend |
| |
12|school and complete instructional activities. The policy shall |
| |
13|state, at a minimum, that if a student fails to consistently attend |
| |
14|school and complete instructional activities after receiving a |
| |
15|notification pursuant to subsection E of this section and reasonable |
| |
16|intervention strategies have been implemented, a student shall be |
| |
17|subject to certain consequences including withdrawal from the school |
| |
18|for truancy. |
| |
19| H. If a statewide virtual charter school withdraws a student |
| |
20|pursuant to subsections F and G of this section, the virtual charter |
| |
21|school shall immediately notify the student's resident district in |
| |
22|writing of the student's disenrollment. |
| |
23| |
| |
24| |
| |
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1| I. The provisions of subsections F, G and H of this section |
| |
2|shall not be in effect until the implementation of subsection H of |
| |
3|Section 3-145.3 of this title. |
| |
4| J. The Statewide Virtual Charter School Board Statewide Charter |
| |
5|School Board may promulgate rules to implement the provisions of |
| |
6|this section. |
| |
7| SECTION 17. NEW LAW A new section of law to be codified |
| |
8|in the Oklahoma Statutes as Section 3-145.9 of Title 70, unless |
| |
9|there is created a duplication in numbering, reads as follows: |
| |
10| Beginning with the 2024-2025 school year, members of a charter |
| |
11|school sponsor governing board shall designate a representative from |
| |
12|the board to complete an annual sponsor workshop requirement |
| |
13|provided by the Statewide Charter School Board. The sponsor |
| |
14|workshop shall include, but not be limited to, information regarding |
| |
15|the Oklahoma Charter Schools Act, charter school governance, |
| |
16|Internal Revenue Service rules for nonprofits, and school finance |
| |
17|laws. |
| |
18| SECTION 18. AMENDATORY 70 O.S. 2021, Section 5-200, is |
| |
19|amended to read as follows: |
| |
20| Section 5-200. A. As used in this section, "educational |
| |
21|management organization" means a for-profit or nonprofit |
| |
22|organization that receives public funds to provide administration |
| |
23|and management services for a charter school, statewide virtual |
| |
24|charter school, or traditional public school. |
| |
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1| B. A charter school, virtual charter school, or public school |
| |
2|that contracts with an educational management organization shall use |
| |
3|the Oklahoma Cost Accounting System (OCAS) to report the total |
| |
4|amount paid to an educational management organization pursuant to |
| |
5|the terms of the contract as well as actual itemized expenditure |
| |
6|information for the goods or services provided by the management |
| |
7|organization as defined by OCAS expenditure codes, including the |
| |
8|total compensation package of the superintendent including the base |
| |
9|salary, insurance, retirement, and other fringe benefits. |
| |
10| C. Any Pursuant to Internal Revenue Service guidelines, any |
| |
11|owner of an educational management organization shall be required to |
| |
12|disclose to the governing board of the school, charter school, or |
| |
13|virtual charter school in a public meeting any ownership position in |
| |
14|any business that contracts or proposes to contract with the same |
| |
15|public school that the educational management organization is |
| |
16|managing. |
| |
17| D. Whenever any person shall enter into a contract with any |
| |
18|school district or, public charter school, or virtual charter school |
| |
19|in the state to teach in such the school district or public charter |
| |
20|school, the contract shall be binding on the teacher and on the |
| |
21|board of education until the teacher legally has been discharged |
| |
22|from the teaching position or released by the board of education |
| |
23|from the contract. Except as provided in Section 5-106A of Title 70 |
| |
24|of the Oklahoma Statutes this title, until such the teacher has been |
| |
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1|thus discharged or released, the teacher shall not have authority to |
| |
2|enter into a contract with any other board of education in Oklahoma |
| |
3|this state for the same time covered by the original contract. If |
| |
4|upon written complaint by the board of education in of a school |
| |
5|district, public charter school, or virtual charter school any |
| |
6|teacher is reported to have failed to obey the terms of the contract |
| |
7|previously made and to have entered into a contract with another |
| |
8|board of education, including a public charter school board of |
| |
9|education, without having been released from the former contract |
| |
10|except as provided in Section 5-106A of Title 70 of the Oklahoma |
| |
11|Statutes this title, the teacher, upon being found to be employed |
| |
12|full-time for another public school, including a public charter |
| |
13|school in the state, at a hearing held before the State Board of |
| |
14|Education, shall have such teacher's certificate suspended for the |
| |
15|remainder of the term for which the contract was made. |
| |
16| SECTION 19. AMENDATORY 70 O.S. 2021, Section 18-124, is |
| |
17|amended to read as follows: |
| |
18| Section 18-124. A. Any school district with an average daily |
| |
19|attendance (ADA) of more than one thousand five hundred (1,500) |
| |
20|students for the preceding year which expends for administrative |
| |
21|services in the 2005-06 school year or any school year thereafter, |
| |
22|less expenditures for legal services, more than five percent (5%) of |
| |
23|the amount it expends for total expenditures, less expenditures for |
| |
24|legal services, shall have the amount which exceeds the five percent |
| |
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1|(5%) withheld the following year from the Foundation and Salary |
| |
2|Incentive Aid for the school district. |
| |
3| B. Any school district with an average daily attendance (ADA) |
| |
4|of more than five hundred (500) students but not more than one |
| |
5|thousand five hundred (1,500) students for the preceding year which |
| |
6|expends for administrative services in the 2005-06 school year or |
| |
7|any school year thereafter, less expenditures for legal services, |
| |
8|more than seven percent (7%) of the amount it expends for total |
| |
9|expenditures, less expenditures for legal services, shall have the |
| |
10|amount which exceeds the seven percent (7%) withheld the following |
| |
11|year from the Foundation and Salary Incentive Aid for the school |
| |
12|district. |
| |
13| C. Any school district with an average daily attendance (ADA) |
| |
14|of five hundred (500) or fewer students for the preceding year which |
| |
15|expends for administrative services in the 2005-06 school year or |
| |
16|any school year thereafter, less expenditures for legal services, |
| |
17|more than eight percent (8%) of the amount it expends for total |
| |
18|expenditures, less expenditures for legal services, shall have the |
| |
19|amount which exceeds the eight percent (8%) withheld the following |
| |
20|year from the Foundation and Salary Incentive Aid for the school |
| |
21|district. |
| |
22| D. The provisions of this section shall apply to school |
| |
23|districts, charter schools, and virtual charter schools which |
| |
24|contract with an educational management organization as defined in |
| |
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1|Section 5-200 of this title. The expenditure limits shall not |
| |
2|exceed the percentages prescribed in subsections A, B, and C of this |
| |
3|section, and the calculation of administrative services for schools |
| |
4|which contract with an educational management organization shall be |
| |
5|the combined amount of administrative services expended by the |
| |
6|school and the educational management organization. |
| |
7| E. For purposes of this section, "administrative services" |
| |
8|means costs associated with: |
| |
9| 1. Staff for the board of education; |
| |
10| 2. The secretary/clerk for the board of education; |
| |
11| 3. Staff relations; |
| |
12| 4. Negotiations staff; |
| |
13| 5. Immediate staff of the superintendent, any elementary |
| |
14|superintendent, or any assistant superintendent; |
| |
15| 6. Any superintendent, elementary superintendent, or assistant |
| |
16|superintendent; |
| |
17| 7. Any employee of a school district employed as a director, |
| |
18|coordinator, supervisor, or who has responsibility for |
| |
19|administrative functions of a school district; and |
| |
20| 8. Any consultant hired by the school district; and |
| |
21| 9. Administrative services paid to an educational management |
| |
22|organization as defined in Section 5-200 of this title. |
| |
23| E. F. If an employee of a school district is employed in a |
| |
24|position where part of the employee's time is spent as an |
| |
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1|administrator and part of the time is spent in nonadministrative |
| |
2|functions, the percentage of time spent as an administrator shall be |
| |
3|included as administrative services. A superintendent who spends |
| |
4|part of the time performing exempted nonadministrative services such |
| |
5|as teaching in the classroom, serving as a principal, counselor, or |
| |
6|library media specialist, can code up to forty percent (40%) of |
| |
7|their salary to other nonadministrative functions. The total amount |
| |
8|of time a superintendent of a school district spends performing |
| |
9|services for a school district shall be included as administrative |
| |
10|services even if part of the time the superintendent is performing |
| |
11|nonexempted nonadministrative service functions. The total amount |
| |
12|received by a superintendent from the school district as salary, for |
| |
13|the performance of administrative and nonexempted nonadministrative |
| |
14|services, shall be recorded under the code for superintendent salary |
| |
15|as provided for in the Oklahoma Cost Accounting System. |
| |
16| F. G. Each school site within a school district shall take |
| |
17|steps to ensure that the administrative costs for the school comply |
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18|with the expenditure limits established for school districts in this |
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19|section. |
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20| G. H. Funds withheld pursuant to the provisions of this section |
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21|shall be distributed through the State Aid formula to the districts |
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22|not so penalized. |
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23| H. I. For the 2003-04 and 2004-05 school year, school districts |
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24|shall report to the State Department of Education the costs |
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1|associated with administrative services for the school district as |
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2|defined in subsection D E of this section. |
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3| SECTION 20. AMENDATORY 70 O.S. 2021, Section 1210.704, |
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4|is amended to read as follows: |
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5| Section 1210.704. A. Beginning with the 20242025 school year, |
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6|all public high schools in this state shall make a minimum of four |
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7|advanced placement courses available to students. |
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8| B. Local School district boards of education in each district |
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9|shall be responsible for ensuring annually that all high school |
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10|students have access to advanced placement courses beginning in the |
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11|2024-2025 school year. Such access may be provided through |
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12|enrollment in courses offered through: |
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13| 1. A school site or sites within the district; |
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14| 2. A career and technology institution technology center school |
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15|within the district; |
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16| 3. A An online learning program offered by the Statewide |
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17|Virtual Charter School Board Statewide Charter School Board or one |
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18|of its vendors; or |
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19| 4. A school site or sites in another school district. |
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20| C. The Statewide Virtual Charter School Board Statewide Charter |
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21|School Board shall maintain an online learning platform to provide |
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22|high quality online learning opportunities for Oklahoma students |
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23|that are aligned with the subject matter standards adopted by the |
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24|State Board of Education pursuant to Section 11-103.6 of Title 70 of |
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1|the Oklahoma Statutes this title. The Board shall implement online |
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2|courses, with an emphasis on science, technology, engineering, and |
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3|math (STEM) courses, foreign language courses, and advanced |
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4|placement courses. The online platform shall be available to all |
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5|Oklahoma school districts. |
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6| D. The State Department of Education shall provide information |
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7|to all local boards of education, to be distributed to their |
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8|students and parents, on available opportunities and the enrollment |
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9|process for students to take advanced placement courses. The |
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10|information shall explain the value of advanced placement courses in |
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11|preparing students for postsecondary-level coursework, enabling |
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12|students to gain access to postsecondary opportunities, and |
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13|qualifying for scholarships and other financial aid opportunities. |
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14| E. The State Department of Education shall retain records of |
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15|which options outlined in subsection B of this section local boards |
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16|of education selected for their students and make the information |
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17|available on the Department's website. |
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18| F. As used in this section, "advanced placement course" shall |
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19|have the same meaning as provided in paragraph 1 of Section 1210.702 |
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20|of Title 70 of the Oklahoma Statutes this title. |
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21| SECTION 21. REPEALER 70 O.S. 2021, Sections 3-135, |
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22|3-145.1, 3-145.2, 3-145.3, and 3-145.4, are hereby repealed. |
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23| SECTION 22. Sections 1, 2, and 3 of this act shall become |
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24|effective September 1, 2023. |
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1| SECTION 23. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, |
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2|16, 17, 18, 19, 20, and 21 of this act shall become effective July |
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3|1, 2024. |
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4|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION |
|February 21, 2023 - DO PASS AS AMENDED BY CS |
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