1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 819 By: Dahm |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to charter schools; creating the |
| Professional Teacher Charter Act; providing short |
8| title; providing purpose; defining terms; |
| establishing eligibility to sponsor a professional |
9| teacher charter school; requiring filing of certain |
| bond or letter of credit; allowing conversion of |
10| certain charter school; providing application |
| process; allowing the State Board of Education to |
11| disapprove applications for certain reasons; |
| requiring the Board to approve certain applications |
12| within certain time period; creating certain cause of |
| action; allowing award of certain costs and fees; |
13| providing for governance of professional teacher |
| charter school; providing for term of charter |
14| contract; providing eligibility to assume the terms |
| of a charter contract; establishing powers and duties |
15| of a professional teacher charter school; prohibiting |
| a professional teacher charter school from being |
16| subject to certain provisions; establishing |
| boundaries of a professional teacher charter school; |
17| providing for student enrollment; creating the |
| Professional Teacher Charter Student Revolving Fund; |
18| specifying source of fund; providing for |
| expenditures; providing purpose of fund; providing |
19| for distribution of funds to certain schools; |
| providing for retention or distribution of certain |
20| property; providing for calculation of weighted |
| average daily membership and State Aid for a |
21| professional teacher charter school; prohibiting |
| certain school from receiving certain funds; |
22| directing the State Board of Education to determine |
| certain policy; requiring use of certain system to |
23| report transactions; providing for promulgation of |
| rules; amending 70 O.S. 2021, Section 3-138, which |
24| relates to unlawful reprisal against certain |
| employees; adding reference to certain charter |
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1| school; amending 70 O.S. 2021, Section 3-144, which |
| relates to the Charter Schools Incentive Fund; |
2| allowing use of fund for certain purpose; providing |
| for codification; providing an effective date; and |
3| declaring an emergency. |
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4| |
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5| |
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6|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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7| SECTION 1. NEW LAW A new section of law to be codified |
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8|in the Oklahoma Statutes as Section 3-146 of Title 70, unless there |
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9|is created a duplication in numbering, reads as follows: |
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10| A. This act shall be known and may be cited as the |
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11|"Professional Teacher Charter Act". |
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12| B. The purpose of the Professional Teacher Charter Act is to |
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13|provide for the establishment of professional teacher charter |
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14|schools to: |
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15| 1. Improve student learning; |
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16| 2. Increase learning opportunities for students; |
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17| 3. Allow experienced public school teachers to establish |
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18|themselves as independent education practitioners; |
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19| 4. Encourage the use of different and innovative teaching |
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20|methods; |
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21| 5. Provide additional academic choices for parents and |
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22|students; |
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23| 6. Increase parental knowledge and control of student |
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24|curriculum; |
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1| 7. Reduce administrative interference in classroom teaching; |
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2|and |
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3| 8. Increase transparency of student performance outcomes. |
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4| C. For the purposes of this act: |
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5| 1. "Certified teacher" means a teacher who has been issued a |
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6|certificate by the State Board of Education in accordance with the |
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7|Oklahoma Teacher Preparation Act and rules of the Board; |
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8| 2. "Charter school" means a public school established by |
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9|contract pursuant to this act to provide learning that will improve |
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10|student achievement and as defined in the Elementary and Secondary |
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11|Education Act of 1965, (ESEA) as reauthorized by P.L. No. 114-95, |
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12|also known as the Every Student Succeeds Act; and |
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13| 3. "Parent" means the natural or adoptive parent or legal |
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14|guardian of a minor child. |
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15| SECTION 2. NEW LAW A new section of law to be codified |
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16|in the Oklahoma Statutes as Section 3-146.1 of Title 70, unless |
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17|there is created a duplication in numbering, reads as follows: |
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18| A. A certified teacher who has five (5) years of teaching |
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19|experience or a consortium of certified teachers who each have five |
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20|(5) years of teaching experience may sponsor a professional teacher |
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21|charter school pursuant to the provisions of this act. |
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22| B. A certified teacher or consortium of certified teachers |
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23|shall file with the State Board of Education a surety bond or letter |
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24|of credit in an amount equal to Two Thousand Dollars ($2,000.00) per |
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1|student expected to enroll in the professional teacher charter |
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2|school. The surety bond or letter of credit amount may be adjusted |
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3|based on actual enrollment of students in the professional teacher |
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4|charter school as of August 1. In no case shall the amount of |
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5|surety bond or letter of credit be less than Twenty-five Thousand |
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6|Dollars ($25,000.00). |
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7| C. A charter school established pursuant to the Oklahoma |
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8|Charter Schools Act may convert to a professional teacher charter |
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9|school subject to the provisions of this act. |
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10| SECTION 3. NEW LAW A new section of law to be codified |
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11|in the Oklahoma Statutes as Section 3-146.2 of Title 70, unless |
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12|there is created a duplication in numbering, reads as follows: |
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13| A. A certified teacher or consortium of certified teachers |
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14|seeking to establish a professional teacher charter school pursuant |
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15|to this act shall submit a written application to the State Board of |
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16|Education. The Board shall make the application available on its |
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17|website, and applications may be submitted online. The Board shall |
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18|not charge an application fee. The application shall include: |
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19| 1. The name of the applicant(s) accompanied by copies of |
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20|certificates to teach issued by the Board and proof that the |
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21|applicant(s) has five (5) years of teaching experience in this |
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22|state; |
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23| 2. Proof of filing the surety bond or letter of credit required |
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24|by Section 2 of this act; and |
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1| 3. The designated point of contact between the professional |
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2|teacher charter school and the State Board of Education. |
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3| B. 1. The State Board of Education may disapprove an |
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4|application that does not meet one or more of the requirements set |
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5|forth in this section or Section 4 of this act. |
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6| 2. The State Board of Education shall approve an application |
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7|that meets the requirements of this section and Section 4 of this |
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8|act within thirty (30) days of receipt of the application and grant |
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9|the applicant a charter contract. If an application that meets the |
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10|requirements of this section and Section 4 of this act is not |
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11|approved within thirty (30) days of receipt, the applicant(s) shall |
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12|have a cause of action in district court. The court may award costs |
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13|and reasonable attorney fees to the prevailing party. |
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14| C. A professional teacher charter school established pursuant |
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15|to the provisions of this act may be organized as a sole |
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16|proprietorship or any other business entity authorized to do |
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17|business in this state. |
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18| D. A professional teacher charter school shall be governed by |
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19|the certified teacher or consortium of certified teachers who |
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20|applied for the school pursuant to this section and shall have |
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21|exclusive control over curriculum selection, development, and |
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22|delivery. Provided, however, a professional teacher charter school |
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23|may have a non-teacher advisory board. |
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24| |
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1| E. A professional teacher charter school contract shall be a |
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2|continuing contract. |
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3| F. If a certified teacher or consortium of certified teachers |
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4|granted a professional teacher charter school contract pursuant to |
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5|the provisions of this section is no longer willing or able to |
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6|operate the charter school, another certified teacher or consortium |
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7|of teachers who meets the requirements of subsection A of Section 2 |
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8|of this act may apply to the State Board of Education to assume the |
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9|terms of the charter contract. The State Board of Education shall |
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10|approve the transfer of the charter contract if the application |
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11|meets the requirements of this section and Section 4 of this act. |
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12| SECTION 4. NEW LAW A new section of law to be codified |
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13|in the Oklahoma Statutes as Section 3-146.3 of Title 70, unless |
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14|there is created a duplication in numbering, reads as follows: |
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15| A. A professional teacher charter school established pursuant |
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16|to this act: |
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17| 1. May provide a comprehensive program of instruction for |
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18|prekindergarten, kindergarten, or any grade between grades one and |
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19|twelve; |
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20| 2. Shall ensure that each enrolled student takes a nationally |
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21|norm-referenced test approved by the State Board of Education once |
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22|each school year. Individual student test results shall be |
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23|delivered to the student's parents along with aggregated charter |
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24|school results. Aggregate test data shall be remitted to the State |
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1|Department of Education and published on the professional teacher |
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2|charter school's website; |
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3| 3. Shall post on its website a statement describing the extent |
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4|to which the charter school's curriculum complies with or departs |
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5|from the subject matter standards adopted by the State Board of |
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6|Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma |
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7|Statutes; |
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8| 4. Shall post on its website information regarding curriculum |
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9|and instructional materials to be used by charter school students |
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10|and teachers; |
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11| 5. Shall adopt bylaws that: |
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12| a. ensure compliance with all federal regulations and |
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13| state and local rules and statutes relating to health, |
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14| safety, civil rights, and insurance, and |
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15| b. require that the charter school be as equally free |
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16| and open to all students as traditional public |
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17| schools; |
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18| 6. Shall have independent control over curriculum and personnel |
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19|decisions; |
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20| 7. May enter into contracts, sue, and be sued; and |
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21| 8. Shall not levy taxes or issue bonds. |
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22| B. A professional teacher charter school established pursuant |
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23|to this act shall not be subject to any provision of the Oklahoma |
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24| |
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1|Charter Schools Act except as provided for in this act. A |
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2|professional teacher charter school shall not: |
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3| 1. Be required to participate in the testing required by the |
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4|Oklahoma School Testing Program Act; however, the charter school may |
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5|choose to participate; |
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6| 2. Be required to participate in the accountability system |
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7|established pursuant to Section 1210.545 of Title 70 of the Oklahoma |
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8|Statutes; however, the charter school may choose to participate; |
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9| 3. Be required to employ persons who have a valid certificate |
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10|issued by and in accordance with the rules of the State Board of |
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11|Education; |
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12| 4. Be required to comply with the minimum salary and benefits |
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13|set forth in Section 18-114.14 of Title 70 of the Oklahoma Statutes; |
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14| 5. Be required to comply with employer-employee bargaining |
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15|provisions set forth in Sections 509.1 through 509.10 of Title 70 of |
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16|the Oklahoma Statutes; and |
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17| 6. Be required to comply with provisions regarding the length |
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18|of the school day as provided for in Section 1-111 of Title 70 of |
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19|the Oklahoma Statutes or the length of the school year as provided |
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20|for in Section 1-109 of Title 70 of the Oklahoma Statutes. |
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21| C. 1. A professional teacher charter school established |
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22|pursuant to this act shall be a statewide charter school, and the |
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23|geographic boundaries of each professional teacher charter school |
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24|shall be the borders of the state. |
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1| 2. Any student between the ages of five (5) on or before |
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2|September 1 and twenty-one (21) years on or before September 1 shall |
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3|be eligible to submit an enrollment application to a professional |
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4|teacher charter school. |
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5| 3. A professional teacher charter school shall not limit |
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6|enrollment or discriminate based on race, sex, or religion. |
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7| 4. The State Board of Education shall not restrict the number |
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8|of students a professional teacher charter school may enroll. |
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9| 5. A professional teacher charter school may establish |
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10|enrollment criteria based on objective academic standards and |
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11|educational emphasis. |
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12| 6. By July 1 each year, a professional teacher charter school |
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13|shall determine and post on its website the capacity for each grade |
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14|level offered by the school. If capacity is insufficient to enroll |
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15|all eligible students, the school shall select students through a |
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16|lottery selection process. |
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17| D. A professional teacher charter school may provide student |
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18|transportation. |
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19| SECTION 5. NEW LAW A new section of law to be codified |
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20|in the Oklahoma Statutes as Section 3-146.4 of Title 70, unless |
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21|there is created a duplication in numbering, reads as follows: |
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22| A. There is hereby created in the State Treasury a revolving |
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23|fund for the State Department of Education to be designated the |
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24|"Professional Teacher Charter Student Revolving Fund". The fund |
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1|shall be a continuing fund, not subject to fiscal year limitations, |
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2|and shall consist of all monies received by the State Department of |
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3|Education from the surety bond or irrevocable letter of credit |
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4|required by subsection B of Section 2 of this act. All monies |
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5|accruing to the credit of the fund are hereby appropriated and may |
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6|be budgeted and expended by the State Department of Education for |
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7|the purpose set forth in subsection B of this section. Expenditures |
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8|from the fund shall be made upon warrants issued by the State |
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9|Treasurer against claims filed as prescribed by law with the |
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10|Director of the Office of Management and Enterprise Services for |
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11|approval and payment. |
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12| B. 1. In the event that a professional teacher charter school |
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13|established pursuant to the Professional Teacher Charter Act created |
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14|in Section 1 of this act permanently ceases operations prior to the |
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15|end of a school year, the surety bond or irrevocable letter of |
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16|credit required by subsection B of Section 2 of this act shall be |
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17|paid to the Professional Teacher Charter Student Revolving Fund |
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18|created in subsection A of this section. The State Department of |
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19|Education shall distribute the funds on a pro-rata basis to the |
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20|school districts or public charter schools established pursuant to |
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21|the Oklahoma Charter Schools Act in which students who had been |
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22|attending a professional teacher charter school enroll. |
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23| 2. a. If a professional teacher charter school is |
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24| established as a non-profit sole proprietorship or |
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1| other business entity pursuant to subsection C of |
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2| Section 3 of this act and permanently ceases |
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3| operations, any real or personal property purchased by |
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4| the charter school with public funds shall be retained |
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5| by the State Board of Education for distribution to |
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6| the school districts or public charter schools |
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7| established pursuant to the Oklahoma Charter Schools |
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8| Act in which students who had been attending a |
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9| professional teacher charter school enroll. Priority |
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10| shall be given to public charter schools in which |
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11| students who had been attending a professional teacher |
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12| charter school enroll. |
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13| b. If a professional teacher charter school is |
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14| established as a for-profit sole proprietorship or |
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15| other business entity pursuant to subsection C of |
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16| Section 3 of this act and permanently ceases |
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17| operations, any real or personal property purchased by |
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18| the charter school with public funds shall be retained |
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19| by the sole proprietorship or other business entity. |
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20| SECTION 6. NEW LAW A new section of law to be codified |
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21|in the Oklahoma Statutes as Section 3-146.5 of Title 70, unless |
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22|there is created a duplication in numbering, reads as follows: |
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23| A. For the purpose of calculating weighted average daily |
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24|membership pursuant to Section 18-201.1 of Title 70 of the Oklahoma |
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1|Statutes and State Aid pursuant to Section 18-200.1 of Title 70 of |
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2|the Oklahoma Statutes, the weighted average daily membership for the |
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3|first year of operation of a professional teacher charter school |
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4|established pursuant to the provisions of this act shall be |
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5|determined by multiplying the actual enrollment of students as of |
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6|August 1 by 1.333. The professional teacher charter school shall |
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7|receive revenue equal to that which would be generated by the |
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8|estimated weighted average daily membership calculated pursuant to |
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9|this paragraph. At midyear, the allocation for the professional |
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10|teacher charter school shall be adjusted using the first quarter |
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11|weighted average daily membership for the professional teacher |
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12|charter school calculated pursuant to Section 18-201.1 of Title 70 |
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13|of the Oklahoma Statutes. |
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14| B. A professional teacher charter school shall not be eligible |
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15|to receive state-dedicated, local, or county revenue; provided, a |
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16|professional teacher charter school may be eligible to receive any |
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17|other aid, grants, or revenues allowed to other schools. A |
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18|professional teacher charter school shall be considered a local |
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19|education agency for purposes of funding. |
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20| C. The State Board of Education shall determine the policy and |
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21|procedure for making payments to a professional teacher charter |
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22|school. |
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1| D. A professional teacher charter school shall use the Oklahoma |
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2|Cost Accounting System to report financial transactions to the State |
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3|Board of Education. |
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4| E. Any unexpended funds received by a professional teacher |
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5|charter school may be reserved and used for future purposes. |
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6| SECTION 7. NEW LAW A new section of law to be codified |
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7|in the Oklahoma Statutes as Section 3-146.6 of Title 70, unless |
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8|there is created a duplication in numbering, reads as follows: |
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9| The State Board of Education shall promulgate rules to implement |
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10|the provisions of this act and to expedite the creation and |
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11|maintenance of professional teacher charter schools. |
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12| SECTION 8. AMENDATORY 70 O.S. 2021, Section 3-138, is |
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13|amended to read as follows: |
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14| Section 3-138. A board of education of a school district or an |
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15|employee of the district who has control over personnel actions |
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16|shall not take unlawful reprisal action against an employee of the |
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17|school district for the reason that the employee is directly or |
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18|indirectly involved in an application to establish a charter school |
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19|pursuant to the Oklahoma Charter Schools Act or the Professional |
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20|Teacher Charter Act created in Section 1 of this act. As used in |
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21|this section, "unlawful reprisal" means an action that is taken by a |
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22|board of education or a school district employee as a direct result |
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23|of a lawful application to establish a charter school pursuant to |
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24|the Oklahoma Charter Schools Act or the Professional Teacher Charter |
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1|Act created in Section 1 of this act and that is adverse to an |
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2|employee or an education program. |
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3| SECTION 9. AMENDATORY 70 O.S. 2021, Section 3-144, is |
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4|amended to read as follows: |
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5| Section 3-144. A. There is hereby created in the State |
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6|Treasury a fund to be designated the "Charter Schools Incentive |
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7|Fund". The fund shall be a continuing fund, not subject to fiscal |
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8|year limitations, and shall consist of all monies appropriated by |
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9|the Legislature, gifts, grants, devises, and donations from any |
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10|public or private source. The State Department of Education shall |
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11|administer the fund for the purpose of providing financial support |
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12|to charter school applicants and charter schools established |
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13|pursuant to the Oklahoma Charter Schools Act or the Professional |
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14|Teacher Charter Act created pursuant to Section 1 of this act for |
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15|start-up costs and costs associated with renovating or remodeling |
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16|existing buildings and structures for use by a charter school. The |
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17|State Department of Education is authorized to allocate funds on a |
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18|per-pupil basis for purposes of providing matching funds for the |
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19|federal State Charter School Facilities Incentive Grants Program |
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20|created pursuant to the No Child Left Behind Act, 20 USCA, Section |
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21|7221d. |
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22| B. The State Board of Education shall adopt rules to implement |
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23|the provisions of this section, including application and |
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24|notification requirements. |
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1| SECTION 10. This act shall become effective July 1, 2023. |
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2| SECTION 11. It being immediately necessary for the preservation |
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3|of the public peace, health, or safety, an emergency is hereby |
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4|declared to exist, by reason whereof this act shall take effect and |
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5|be in full force from and after its passage and approval. |
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