Repealed by Laws 1949, p. 607, art. 20, § 9. §70-3-1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-3-2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-3-3. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-3-4. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-3-4.1. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-3-4.2. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-3-5. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-3-6. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-3-7. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-3-8. Repealed by Laws 1971, c. 281, § 24-127, eff. July 2, 1971. §70-3-101. State Board of Education - Members - Travel expenses. A. The State Board of Education shall consist of seven (7) members. The State Superintendent of Public Instruction shall be a member and the chairperson of the Board. The remaining six members shall be appointed by the Governor by and with the advice and consent of the Senate. Except as otherwise provided for in subsection B of this section, upon assuming office each Governor shall appoint one member from each congressional district and one member from the state at large. Each appointment shall be made to take effect on April 2. The term of each appointed member shall be four (4) years. Appointed members shall serve until a successor is appointed. Appointed members shall serve at the pleasure of the Governor. Upon the occurrence of a vacancy the same shall be filled by the Governor, subject to confirmation by the Senate at the next session of the Legislature. The appointment to fill a vacancy shall be made for the unexpired term. B. On the effective date of this act, all appointed positions of the current State Board of Education shall be deemed vacant and the terms of persons serving on the Board shall be deemed terminated. The Governor shall make initial appointments pursuant to the provisions of this subsection within thirty (30) days of the effective date of this act, with one member appointed from each congressional district and one member appointed from the state at large. The appointments shall be subject to confirmation by the Senate at the next session of the Legislature. The terms for members appointed pursuant to this subsection shall terminate on April 2, 2015. Thereafter, members shall be appointed as provided for in subsection A of this section. C. No person shall be eligible to be appointed to serve on the Board unless the person has been awarded a high school diploma or certificate of high school equivalency. No person shall be appointed to serve on the Board if the person serves on a board of education of a school district which is supervised by the Board pursuant to Section 3-104 of this title. Any member appointed to the Board shall complete the workshop requirements of a new school board member pursuant to Section 5-110 of this title within thirteen (13) months following or preceding the appointment of the member. Notwithstanding any provision of law to the contrary, the State Department of Education shall not charge any member of the State Board of Education a fee for any workshop provided by the Department for board members pursuant to Section 5-110 of this title and shall not pay a fee to any organization or institution of higher education on behalf of a member of the State Board of Education, or reimburse any member of the Board for a fee paid to any organization or institution of higher education, for attendance at a workshop or courses to satisfy the requirements of Section 5-110 of this title. D. Members of the Board shall receive necessary traveling expenses while in the performance of their duties in accordance with the State Travel Reimbursement Act. Added by Laws 1971, c. 281, § 3-101, eff. July 2, 1971. Amended by Laws 1985, c. 178, § 52, operative July 1, 1985; Laws 1989, 1st Ex.Sess., c. 2, § 40, emerg. eff. April 25, 1990; Laws 1992, c. 364, § 8, emerg. eff. June 4, 1992; Laws 1994, c. 210, § 1, emerg. eff. May 20, 1994; Laws 2002, c. 375, § 15, eff. Nov. 5, 2002; Laws 2011, c. 31, § 3; Laws 2011, c. 316, § 1; Laws 2023, c. 182, § 1, eff. Nov. 1, 2023. §70-3-102. Meetings. The State Board of Education shall meet in regular session once each month. Special meetings may be called by the president or by a majority of the members of the Board. Laws 1971, c. 281, § 3-102, eff. July 2, 1971. §70-3-103. Quorum. A quorum of the State Board of Education shall consist of four members. No business may be transacted at any meeting unless a quorum is present and every act of said Board shall be approved by a majority of the membership of said Board. Laws 1971, c. 281, § 3-103, eff. July 2, 1971. §70-3-104. See the following versions: OS 70-3-104v1 (SB 553, Laws 2025, c. 101, § 1) OS 70-3-104v2 (HB 1277, Laws 2025, c. 445, § 1) §70-3-104.1. Convicted persons not to receive certification for instructional, supervisory or administrative position. No person shall receive a certificate for an instructional, supervisory, or administrative position in an accredited school of this state who has been convicted of a felony, any crime involving moral turpitude, knowingly and willfully failing to report suspected abuse or neglect of a child in violation of Section 1-2-101 of Title 10A of the Oklahoma Statutes, or a felony violation of the narcotic laws of the United States or this state, provided the conviction was entered within the preceding ten-year period. Added by Laws 1979, c. 91, § 1. Amended by Laws 2025, c. 101, § 2, eff. July 1, 2025. §70-3-104.2. Repealed by Laws 2012, c. 354, § 10. §70-3-104.3. Requirements for compliance with quality standards - Loss or denial of accreditation. A. The Legislature, recognizing its obligation to the children of this state to ensure their opportunity to receive an excellent education, and recognizing its obligation to the taxpayers of this state to ensure that schooling is accomplished in an efficient manner, hereby establishes requirements for compliance with quality standards which the public schools and school districts, within the limits of resources now or subsequently available, must meet. B. State accreditation shall be withdrawn from or denied to schools or school districts that do not meet the requirements of Sections 2, 3, 6, 28, 29, 30, 44, 45, 46, 47, 48, and 49 of this act, and the State Board of Education shall take action as required by this act to ensure that students affected are enrolled in schools that are able to maintain state accreditation. Nothing herein shall be construed as prohibiting the withdrawing or denial of accreditation for failure to meet requirements as elsewhere provided by law. Added by Laws 1989, 1st Ex.Sess., c. 2, § 1, operative July 1, 1990. §70-3-104.4. Standards for accreditation. A. The State Board of Education shall adopt standards for the accreditation of the public schools in this state according to the requirements of Section 3-104.3 et seq. of this title, to be effective as set forth in Section 3-104.3 et seq. of this title. The accreditation standards shall incorporate the curricular standards established pursuant to Section 11-103.6 of this title. The accreditation standards shall equal or exceed nationally recognized accreditation standards to the extent that the standards are consistent with an academic results oriented approach to accreditation. The accreditation adopted by the State Board shall encompass accreditation for elementary schools, middle schools, junior high schools, and high schools. The accreditation standards shall be made available for public inspection at the offices of the State Department of Education. B. Standards for accreditation adopted by the State Board of Education shall include standards relating to the provision of school counselors to the public school children of this state. The State Board of Education shall require each local school district to provide information regarding the number of counselors serving each school site, the duties of all such counselors including all administrative duties, the number of students served by each counselor, and information regarding the number of counselors employed per elementary school, middle school, junior high school and high school. C. 1. Except as otherwise provided, schools shall meet the accreditation standards as a condition of continued accreditation. Nothing herein shall be construed as preventing changes to the adopted standards by the State Board of Education pursuant to the Administrative Procedures Act. 2. The accreditation standards shall provide for deficiencies, warnings, probation or nonaccredited status for schools that fail to meet one or more of the standards. 3. The State Department of Education shall investigate a complaint of failure to provide educational services or failure to comply with accreditation standards within thirty (30) days of receiving the complaint. If the State Department of Education determines that a school has failed to comply with the accreditation standards, the Department shall report the recommended deficiency, warning, probation or nonaccredited accreditation status to the State Board of Education within ninety (90) days. Before the State Board of Education may change a school district's accreditation status from a warning to probation, or from probation to non- accredited based on a recommendation by the State Department of Education as described in this paragraph, the school district shall be given an opportunity to request a hearing before the State Board of Education pursuant to the due process procedures adopted by the Board as provided for in this subsection. The State Board of Education shall send the applicable school district notice of a right to a hearing within ten (10) working days of receiving the recommendations. The hearing shall be conducted by the State Board of Education. All notices shall be sent by certified mail, with the postmark used to determine the timeliness of the notice. If the school district fails to request a hearing within ten (10) working days of receipt of such notice, the district's right to a hearing shall be waived. 4. If a school district does not request a due process hearing within ten (10) working days notice from the Board, and the school or school district does not take action to comply with the accreditation standards within ninety (90) days after a report is filed by the Department, the Board shall withdraw accreditation for the school. 5. The State Board of Education shall promulgate rules regarding notice and hearing of accreditation status pursuant to this section and in accordance with the Administrative Procedures Act. 6. The State Board of Education accreditation rules shall provide for warnings and for assistance to schools and school districts whenever there is reason to believe a school is in danger of losing its state accreditation. D. If one or more school sites fail to receive accreditation as required pursuant to this section or subsequently lose accreditation, the State Board of Education shall close the school and reassign the students to accredited schools within the district or shall annex the district to one or more other districts in which the students can be educated in accredited schools. E. Standards for accreditation adopted by the State Board of Education shall include standards relating to the provision of educational services provided in partial hospitalization programs, day treatment programs, day hospital programs, residential treatment programs and emergency shelter programs for persons between the ages of three (3) and twenty-one (21) years of age. The accreditation standards shall apply to on-site and off-site educational services provided by public school districts or state-accredited private schools. Each school which is providing or is required to provide educational services for students placed in a program as described in this subsection shall be actively monitored by the State Department of Education. The Department shall determine on an ongoing basis if the educational program and services are in compliance with the accreditation standards. F. The State Board shall provide assistance to districts in considering the possibility of meeting accreditation requirements through the use of nontraditional means of instruction. The State Board shall also assist districts in forming cooperatives and making arrangements for the use of satellite instruction or other instructional technologies to the extent that use of such instructional means meets accreditation standards. G. 1. Accreditation shall not be withdrawn from or denied nor shall a penalty be assessed against a school or school district for failing to meet the media materials and equipment standards, media program expenditure standards and media personnel standards as set forth in the accreditation standards adopted by the Board. 2. The provisions of paragraph 1 of this subsection shall cease to be effective during the fiscal year which begins on the July 1 immediately succeeding the legislative session during which the measure appropriating monies to the State Board of Education for the financial support of public schools is enacted as law and such appropriation amount is at least Fifty Million Dollars ($50,000,000.00) greater than the amount of money appropriated to the State Board of Education for the financial support of public schools for the fiscal year ending June 30, 2019, pursuant to Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars ($50,000,000.00) shall not include any amount of appropriations dedicated for support or certified employee salary increases. Accreditation shall not be withdrawn from or denied nor shall a penalty be assessed against a school or school district for failing to meet the media personnel standards as set forth in accreditation standards adopted by the Board. H. 1. The State Board shall not assess a financial penalty against any school district which is given a deficiency in accreditation status during any fiscal year as provided for in this subsection. 2. Beginning with the fiscal year which begins July 1, 2021, if the amount of money appropriated to the State Board of Education for the financial support of public schools including funds apportioned pursuant to Section 426 of Title 63 of the Oklahoma Statutes, is at least One Hundred Million Dollars ($100,000,000.00) greater than the amount of money appropriated to the State Board of Education for the financial support of public schools for the fiscal year ending June 30, 2019, pursuant to Chapter 146, O.S.L. 2018, a financial penalty shall be assessed against any school districts that do not comply with the class size limitations for kindergarten as provided for in Section 18-113.2 of this title and class size limitations for grade one as provided for in subsection A of Section 18-113.1 of this title. Provided, the One Hundred Million Dollars ($100,000,000.00) shall not include any amount of appropriations dedicated for support or certified employee salary increases. 3. The State Department of Education shall submit a report on statewide classroom sizes to the President Pro Tempore of the Oklahoma State Senate and the Speaker of the Oklahoma House of Representatives no later than January 1, 2022. I. Except as provided for in subsection J of this section, beginning with the 2019-2020 school year, evaluations of schools to determine whether they meet the accreditation standards set forth in accordance with this section shall occur once every four (4) years on a schedule adopted by the State Board of Education. The Board may interrupt the evaluation schedule provided in this subsection for reasons including a change in the superintendent of the school district; determination that one or more school district board members have not met the continuing education requirements as defined by this title; determination that the school district falsified information submitted to any public city, county, state or federal official or agency; initiation of an investigation by the Board or a law enforcement agency; or other determination by the Board that standards for accreditation are not being met by the school district. The schedule adopted by the Board shall allow for school districts receiving no deficiencies for two (2) consecutive years to be reviewed for accreditation less than annually. Provided, however, that schools shall be evaluated annually for the purposes of: 1. Local, state and federal funding; 2. Health and safety; 3. Certification requirements for teachers, principals and superintendents; 4. School board governance, including instructional and continuing education requirements for school board members; and 5. Any other requirements under state or federal law. J. Beginning with the 2019-2020 school year, if a public school receives a deficiency on its accreditation report, the public school shall be evaluated annually to determine if it meets the accreditation standards set forth in accordance with this section. If the public school receives no deficiencies for two (2) consecutive years, the public school shall be subject to the evaluation timeline established in subsection I of this section. Added by Laws 1989, 1st Ex. Sess., c. 2, § 2, emerg. eff. April 25, 1990. Amended by Laws 1995, c. 188, § 1, eff. July 1, 1995; Laws 2010, c. 457, § 1; Laws 2012, c. 236, § 1, eff. July 1, 2012; Laws 2014, c. 311, § 1, eff. July 1, 2014; Laws 2016, c. 253, § 1, eff. July 1, 2016; Laws 2017, c. 42, § 27; Laws 2019, c. 488, § 1, eff. July 1, 2019; Laws 2020, c. 161, § 64, emerg. eff. May 21, 2020; Laws 2021, c. 563, § 6, emerg. eff. May 28, 2021; Laws 2025, c. 240, § 1, eff. July 1, 2025. NOTE: Laws 2016, c. 205, § 1 repealed by Laws 2017, c. 42, § 28. Laws 2019, c. 373, § 1 repealed by Laws 2020, c. 161, § 65, emerg. eff. May 21, 2020. §70-3-104.5. Plan of Educational Development and Improvement - Submission to State Board of Education - Rules - Approval or rejection of plan. A. The board of education of every elementary school district and independent school district that has not filed notification with the State Board of Education by November 1, 1990, of intent to annex or consolidate shall submit a Plan of Educational Development and Improvement to the State Board of Education by May 1, 1991. Said plan shall be submitted in compliance with rules which shall be promulgated by the State Board by April 1, 1990, for the purpose of obtaining information the State Board will need to determine whether such district can be expected to make satisfactory progress toward meeting the requirements of this act with resources available and reasonably anticipated. To the greatest possible extent, said rules shall be written to enable districts to make use of materials prepared for submittal of the districts' four-year plans pursuant to Section 3-104.2 of Title 70 of the Oklahoma Statutes and of other plans or reports required by statutes or State Board regulations. Nothing herein shall be construed as prohibiting subsequent rule changes made pursuant to the requirements of the Oklahoma Administrative Procedures Act, Section 250 et seq. of Title 75 of the Oklahoma Statutes. B. The State Board shall approve each such plan submitted within three (3) months of receipt of the plan. If the board rejects the plan, it shall assist the district in revising its plan or reconsidering the decision not to file notification of intent to consolidate or annex. Approval shall mean that the State Board has no reasonable doubt that the district will achieve and maintain full compliance with all the provisions of this act on schedule. Plans approved shall be implemented by the local board. Added by Laws 1989, 1st Ex.Sess., c. 2, § 13, emerg. eff. April 25, 1990; Laws 1991, c. 3, § 1, eff. July 1, 1991. §70-3-104.6. Legislative membership or in Legislative Service Bureau as valid experience for renewal of Standard Teaching Certificate. The State Board of Education shall recognize full time service as a member of the staff of the House of Representatives, the Senate, or the Legislative Service Bureau in an area related to education as valid experience for renewal of the Standard Teaching Certificate. Added by Laws 1990, c. 260, § 52, operative July 1, 1990. §70-3-104.7. Day treatment programs - Standards for on-site educational services. A. For purposes of this act, partial hospitalization programs, day treatment programs and day hospital programs mean nonresidential settings in which school-age children are placed for psychiatric or psychological treatment which precludes their attendance at a regular public school. B. No later than August 15, 1994, the State Board of Education shall establish standards for on-site educational services provided in partial hospitalization programs, day treatment programs, and day hospital programs for persons between the ages of three (3) and twenty-one (21) years of age. For minors who are persons requiring psychiatric treatment as defined by Title 43A of the Oklahoma Statutes, on-site educational services shall be provided beginning on the eleventh day of admission. The standards shall address all areas of education including teacher certification requirements, number of hours taught, adequacy of facilities, and educational plans including plans for transition into regular school setting. C. No facility listed in subsection A of this section shall be licensed pursuant to the provisions of this act unless the facility meets the standards for educational services established by the State Board of Education. D. The State Board of Education shall promulgate rules to implement the provisions of this act. Added by Laws 1994, c. 378, § 2, eff. July 1, 1994. Amended by Laws 2014, c. 90, § 2, eff. July 1, 2014. §70-3-104.8. Contracts with educators. A. Subject to the availability of funds, the State Department of Education shall be authorized to directly contract with educators who are current or retired employees of Oklahoma public school districts, for services to assist the Department as may be necessary when such services require the expertise and qualifications of an Oklahoma certified educator. B. The contract shall not: 1. Be subject to the competitive bidding requirements of the Oklahoma Central Purchasing Act; and 2. Be included in the calculation of the educator's salary for purposes of meeting the district or statutory minimum salary schedule or for purposes of calculating Teachers' Retirement System of Oklahoma contributions or benefits. Added by Laws 2017, c. 71, § 1, eff. July 1, 2017. §70-3-104.9. Report listing wage, salary, benefit, job class changes. Beginning in the 2018-2019 school year, the State Department of Education shall annually publish on its website within one click of the homepage a report listing all increases in wages, salaries, rates of pay or fringe benefits and any changes to job class, excluding job class changes that did not result in an increase in pay, for school district employees. The Department shall publish the information within sixty (60) days following the submission of personnel reports certified on July 15. Added by Laws 2018, c. 275, § 1. §70-3-104.10. Oklahoma Imagination Library Program. A. The Imagination Library Revolving Fund created pursuant to Section 2 of this act shall be used to promote and foster the development of the Oklahoma Imagination Library Program, which shall be a statewide program for encouraging pre-school children to read by providing age-appropriate books to children at their homes from birth to age five (5) on a monthly basis. B. Contingent upon funds appropriated to the Imagination Library Revolving Fund created pursuant to Section 2 of this act, the State Department of Education shall: 1. Manage the daily operations of the Oklahoma Imagination Library Program and provide oversight of the Imagination Library Revolving Fund including but not limited to establishing county- based programs in all seventy-seven counties and advancing and strengthening the programs to ensure enrollment growth; 2. Develop, promote and coordinate a public awareness program to make donors aware of the opportunity to donate to the Imagination Library Revolving Fund; and 3. Develop, promote and coordinate a public awareness program to make the public aware of the opportunity to register children to receive age-appropriate books on a monthly basis. To receive books on a monthly basis, a child shall be under the age of five (5) and shall have an Oklahoma residence. C. The State Department of Education may establish a volunteer advisory committee to assist with implementing the provisions of paragraphs 2 and 3 of subsection B of this section. D. The State Department of Education is authorized to retain up to ten percent (10%) of the funds appropriated, gifted, granted, donated or bequested to the Imagination Library Revolving Fund for administrative and operating expenses related to implementation of the Oklahoma Imagination Library Program. E. The Oklahoma Imagination Library Program shall be funded by fifty percent (50%) private funds and fifty percent (50%) appropriated funds. The State Department of Education shall include in its annual budget request the estimated need to fund the Oklahoma Imagination Library Program for the following fiscal year. F. The State Department of Education shall submit a report by July 1, 2021, and each July 1 thereafter to the chair of the Senate Education Committee and the chair of the House of Representatives Common Education Committee detailing the status of implementing the Oklahoma Imagination Library Program. Added by Laws 2020, c. 152, § 1. §70-3-104.11. Imagination Library Revolving Fund. There is hereby created in the State Treasury a revolving fund for the State Department of Education to be designated the "Imagination Library Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Department of Education from appropriations, gifts, grants, donations and bequests. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Education for the purpose of implementing the provisions of Section 1 of this act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. Added by Laws 2020, c. 152, § 2. §70-3-104v1. State Board of Education - Powers and duties. A. The supervision of the public school system of Oklahoma shall be vested in the State Board of Education and, subject to limitations otherwise provided by law, the State Board of Education shall: 1. Adopt policies and make rules for the operation of the public school system of the state; 2. Appoint, prescribe the duties, and fix the compensation of a secretary, an attorney, and all other personnel necessary for the proper performance of the functions of the State Board of Education. The secretary shall not be a member of the Board; 3. Submit to the Governor a departmental budget based upon major functions of the State Department of Education as prepared by the Superintendent of Public Instruction and supported by detailed data on needs and proposed operations as partially determined by the budgetary needs of local school districts filed with the State Board of Education for the ensuing fiscal year. Appropriations therefor shall be made in lump-sum form for each major item in the budget as follows: a. State Aid to schools, b. the supervision of all other functions of general and special education including general control, free textbooks, school lunch, Indian education, and all other functions of the Board and an amount sufficient to adequately staff and administer these services, and c. the Board shall determine the details by which the budget and the appropriations are administered. Annually, the Board shall make preparations to consolidate all of the functions of the Department in such a way that the budget can be based on two items, administration and aid to schools. A maximum amount for administration shall be designated as a part of the total appropriation; 4. On the first day of December preceding each regular session of the Legislature, prepare and deliver electronically to the Governor and the Legislature a report for the year ending June 30 immediately preceding the regular session of the Legislature. The report shall contain: a. detailed statistics and other information concerning enrollment, attendance, expenditures including State Aid, and other pertinent data for all public schools in this state, b. reports from each and every division within the State Department of Education as submitted by the Superintendent of Public Instruction and any other division, department, institution, or other agency under the supervision of the Board, c. recommendations for the improvement of the public school system of the state, d. a statement of the receipts and expenditures of the State Board of Education for the past year, and e. a statement of plans and recommendations for the management and improvement of public schools and such other information relating to the educational interests of the state as may be deemed necessary and desirable; 5. Provide for the formulation and adoption of curricula, courses of study, and other instructional aids necessary for the adequate instruction of pupils in the public schools; 6. Have authority in matters pertaining to the licensure and certification of persons for instructional, supervisory, and administrative positions and services in the public schools of the state subject to the provisions of Section 6-184 of this title, and shall formulate rules governing the issuance and revocation of certificates for superintendents of schools, principals, supervisors, librarians, clerical employees, school nurses, school bus drivers, visiting teachers, classroom teachers, and for other personnel performing instructional, administrative, and supervisory services, but not including members of boards of education and other employees who do not work directly with pupils, and may charge and collect reasonable fees for the issuance of such certificates: a. the State Department of Education shall not issue a certificate to and shall revoke the certificate of any person who has been convicted, whether upon a verdict or plea of guilty or upon a plea of nolo contendere, or received a suspended sentence or any probationary term for a crime or an attempt to commit a crime provided for in Section 843.5 of Title 21 of the Oklahoma Statutes if the offense involved sexual abuse or sexual exploitation as those terms are defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, Section 741, 843.1, if the offense included sexual abuse or sexual exploitation, 865 et seq., 885, 888, 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1114, or 1123 of Title 21 of the Oklahoma Statutes or who enters this state and who has been convicted, received a suspended sentence, or received a deferred judgment for a crime or attempted crime which, if committed or attempted in this state, would be a crime or an attempt to commit a crime provided for in any of the laws, b. the State Department of Education shall not issue a certificate to and shall revoke the certificate of any person who has been convicted, whether upon a verdict or plea of guilty or upon a plea of nolo contendere, or received a suspended sentence or any probationary term for knowingly and willfully failing to report suspected abuse or neglect of a child in violation of Section 1-2-101 of Title 10A of the Oklahoma Statutes, and c. all funds collected by the State Department of Education for the issuance of certificates to instructional, supervisory, and administrative personnel in the public schools of the state shall be deposited in the “Teachers’ Certification Fund” in the State Treasury and may be expended by the State Board of Education to finance the activities of the State Department of Education necessary to administer the program, for consultative services, publication costs, actual and necessary travel expenses as provided in the State Travel Reimbursement Act incurred by persons performing research work, and other expenses found necessary by the State Board of Education for the improvement of the preparation and certification of teachers in this state. Provided, any unobligated balance in the Teachers’ Certification Fund in excess of Ten Thousand Dollars ($10,000.00) on June 30 of any fiscal year shall be transferred to the General Revenue Fund of this state. Until July 1, 1997, the State Board of Education shall have authority for approval of teacher education programs. The State Board of Education shall also have authority for the administration of teacher residency and professional development, subject to the provisions of the Oklahoma Teacher Preparation Act; 7. Promulgate rules governing the classification, inspection, supervision, and accrediting of all public nursery, kindergarten, elementary and secondary schools, and on-site educational services provided by public school districts or state-accredited private schools in partial hospitalization programs, day treatment programs, and day hospital programs as defined in Section 3-104.7 of this title and Section 175.20 of Title 10 of the Oklahoma Statutes for persons between the ages of three (3) and twenty-one (21) years of age in the state. However, no school shall be denied accreditation solely on the basis of average daily attendance. Any school district which maintains an elementary school and faces the necessity of relocating its school facilities because of construction of a lake, either by state or federal authority, which will inundate the school facilities, shall be entitled to receive probationary accreditation from the State Board of Education for a period of five (5) years after June 12, 1975, and any school district, otherwise qualified, shall be entitled to receive probationary accreditation from the State Board of Education for a period of two (2) consecutive years to attain the minimum average daily attendance. The Head Start and public nurseries or kindergartens operated from community action agency funds shall not be subjected to the accrediting rules of the State Board of Education. Neither will the State Board of Education make rules affecting the operation of the public nurseries and kindergartens operated from federal funds secured through community action agencies even though they may be operating in the public schools of the state. However, any of the Head Start or public nurseries or kindergartens operated under federal regulations may make application for accrediting from the State Board of Education but will be accredited only if application for the approval of the programs is made. The status of no school district shall be changed which will reduce it to a lower classification until due notice has been given to the proper authorities thereof and an opportunity given to correct the conditions which otherwise would be the cause of such reduction. Private and parochial schools may be accredited and classified in like manner as public schools or, if an accrediting association is approved by the State Board of Education, by procedures established by the State Board of Education to accept accreditation by such accrediting association, if application is made to the State Board of Education for such accrediting; 8. Be the legal agent of this state to accept, in its discretion, the provisions of any Act of Congress appropriating or apportioning funds which are now, or may hereafter be, provided for use in connection with any phase of the system of public education in Oklahoma. It shall prescribe such rules as it finds necessary to provide for the proper distribution of such funds in accordance with the state and federal laws; 9. Be and is specifically hereby designated as the agency of this state to cooperate and deal with any officer, board, or authority of the United States Government under any law of the United States which may require or recommend cooperation with any state board having charge of the administration of public schools unless otherwise provided by law; 10. Be and is hereby designated as the state educational agency referred to in Public Law 396 of the 79th Congress of the United States, as amended, which may be known as the Richard B. Russell National School Lunch Act, and the State Board of Education is hereby authorized and directed to accept the terms and provisions of the act and to enter into such agreements, not in conflict with the Constitution of Oklahoma or the Constitution and Statutes of the United States, as may be necessary or appropriate to secure for this state the benefits of the school lunch program established and referred to in the act; 11. Have authority to secure and administer the benefits of the Richard B. Russell National School Lunch Act, Public Law 396 of the 79th Congress of the United States, as amended, in this state and is hereby authorized to employ or appoint and fix the compensation of such additional officers or employees and to incur such expenses as may be necessary for the accomplishment of the above purpose, and administer the distribution of any state funds appropriated by the Legislature required as federal matching to reimburse on children’s meals; 12. Accept and provide for the administration of any land, money, buildings, gifts, donations, or other things of value which may be offered or bequeathed to the schools under the supervision or control of the Board; 13. Have authority to require persons having administrative control of all school districts in Oklahoma to make such regular and special reports regarding the activities of the schools in the districts as the Board may deem needful for the proper exercise of its duties and functions. Such authority shall include the right of the State Board of Education to withhold all state funds under its control, to withhold official recognition including accrediting, until such required reports have been filed and accepted in the office of the Board and to revoke the certificates of persons failing or refusing to make such reports; 14. Have general supervision of the school lunch program. The State Board of Education may sponsor workshops for personnel and participants in the school lunch program and may develop, print, and distribute free of charge or sell any materials, books, and bulletins to be used in the school lunch programs. There is hereby created in the State Treasury a revolving fund for the Board, to be designated the “School Lunch Workshop Revolving Fund”. The fund shall consist of all fees derived from or on behalf of any participant in any such workshop sponsored by the State Board of Education, or from the sale of any materials, books, and bulletins, and funds shall be disbursed for expenses of such workshops and for developing, printing, and distributing of the materials, books, and bulletins relating to the school lunch program. The fund shall be administered in accordance with Section 155 of Title 62 of the Oklahoma Statutes; 15. Prescribe all forms for school district and county officers to report to the State Board of Education where required. The State Board of Education shall also prescribe a list of appropriation accounts by which the funds of school districts shall be budgeted, accounted for, and expended; and it shall be the duty of the State Auditor and Inspector in prescribing all budgeting, accounting, and reporting forms for school funds to conform to such lists; 16. Provide for the establishment of a uniform system of pupil and personnel accounting, records, and reports; 17. Have authority to provide for the health and safety of school children and school personnel while under the jurisdiction of school authorities; 18. Provide for the supervision of the transportation of pupils; 19. Have authority, upon request of the local school board, to act in behalf of the public schools of the state in the purchase of transportation equipment; 20. Have authority and is hereby required to perform all duties necessary to the administration of the public school system in Oklahoma as specified in the Oklahoma School Code; and, in addition thereto, those duties not specifically mentioned herein if not delegated by law to any other agency or official; 21. Administer the State Public Common School Building Equalization Fund established by Section 32 of Article X of the Oklahoma Constitution. Any monies as may be appropriated or designated by the Legislature, other than ad valorem taxes, any other funds identified by the State Department of Education, which may include, but not be limited to, grants-in-aid from the federal government for building purposes, the proceeds of all property that shall fall to the state by escheat, penalties for unlawful holding of real estate by corporations, and capital gains on assets of the permanent school funds, shall be deposited in the State Public Common School Building Equalization Fund. The fund shall be used to aid school districts and charter schools in acquiring buildings, subject to the limitations fixed by Section 32 of Article X of the Oklahoma Constitution. It is hereby declared that redbud school grants disbursed from the State Public Common School Building Equalization Fund shall be used for the same purposes as a building fund, as provided for in Section 1-118 of this title. It is hereby declared that the term “school districts” as used in Section 32 of Article X of the Oklahoma Constitution shall mean school districts and eligible charter schools as defined in subsection B of this section. The State Board of Education shall disburse redbud school grants annually from the State Public Common School Building Equalization Fund to public schools and eligible charter schools pursuant to subsection B of this section. The Board shall promulgate rules for the implementation of disbursing redbud school grants pursuant to this section. The State Board of Education shall prescribe rules for making grants of aid from, and for otherwise administering, the fund pursuant to the provisions of this paragraph, and may employ and fix the duties and compensation of technicians, aides, clerks, stenographers, attorneys, and other personnel deemed necessary to carry out the provisions of this paragraph. The cost of administering the fund shall be paid from monies appropriated to the State Board of Education for the operation of the State Department of Education. From monies apportioned to the fund, the State Department of Education may reserve not more than one-half of one percent (1/2 of 1%) for purposes of administering the fund; 22. Recognize that the Director of the Department of Corrections shall be the administrative authority for the schools which are maintained in the state reformatories and shall appoint the principals and teachers in such schools. Provided, that rules of the State Board of Education for the classification, inspection, and accreditation of public schools shall be applicable to such schools; and such schools shall comply with standards set by the State Board of Education; and 23. Have authority to administer a revolving fund which is hereby created in the State Treasury, to be designated the “Statistical Services Revolving Fund”. The fund shall consist of all monies received from the various school districts of the state, the United States Government, and other sources for the purpose of furnishing or financing statistical services and for any other purpose as designated by the Legislature. The State Board of Education is hereby authorized to enter into agreements with school districts, municipalities, the United States Government, foundations, and other agencies or individuals for services, programs, or research projects. The Statistical Services Revolving Fund shall be administered in accordance with Section 155 of Title 62 of the Oklahoma Statutes. B. 1. The redbud school grants shall be determined by the State Department of Education as follows: a. divide the county four-mill levy revenue by four to determine the nonchargeable county four-mill revenue for each school district, b. determine the amount of new revenue generated by the five-mill building fund levy as authorized by Section 10 of Article X of the Oklahoma Constitution for each school district as reported in the Oklahoma Cost Accounting System for the preceding fiscal year, c. add the amounts calculated in subparagraphs a and b of this paragraph to determine the nonchargeable millage for each school district, d. add the nonchargeable millage in each district statewide as calculated in subparagraph c of this paragraph and divide the total by the average daily membership in public schools statewide based on the preceding school year’s average daily membership, according to the provisions of Section 18-107 of this title. This amount is the statewide nonchargeable millage per student, known as the baseline local funding per student, e. all eligible charter schools shall be included in these calculations as unique school districts, separate from the school district that may sponsor the eligible charter school, and the total number of districts shall be used to determine the statewide average baseline local funding per student, f. for each school district or eligible charter school which is below the baseline local funding per student, the Department shall subtract the baseline local funding per student from the average nonchargeable millage per student of the school district or eligible charter school to determine the nonchargeable millage per student shortfall for each district, and g. the nonchargeable millage per student shortfall for a school district or eligible charter school shall be multiplied by the average daily membership of the preceding school year of the eligible school district or eligible charter school. This amount shall be the redbud school grant amount for the school district or eligible charter school. 2. For fiscal year 2022, monies for the redbud school grants shall be expended from the funds apportioned pursuant to Section 426 of Title 63 of the Oklahoma Statutes. For fiscal year 2023 and each subsequent fiscal year, monies for the redbud school grants shall be appropriated pursuant to Section 426 of Title 63 of the Oklahoma Statutes, not to exceed three-fourths (3/4) of the tax collected in the preceding fiscal year pursuant to Section 426 of Title 63 of the Oklahoma Statutes as determined by the Oklahoma Tax Commission. For fiscal year 2023 and each subsequent fiscal year, if such appropriated funds are insufficient to fund the redbud school grants, then an additional apportionment of funds shall be made from sales tax collections as provided by subsection D of Section 1353 of Title 68 of the Oklahoma Statutes. If both funds are insufficient, the Department shall promulgate rules to permit a decrease to the baseline local funding per student to the highest amount allowed with the funding available. 3. As used in this section, “eligible charter school” shall mean a charter school which is sponsored pursuant to the provisions of the Oklahoma Charter Schools Act. Provided, however, eligible charter school shall not include a statewide virtual charter school sponsored by the Statewide Charter School Board but shall only include those which provide in-person or blended instruction, as provided by Section 1-111 of this title, to not less than two-thirds (2/3) of students as the primary means of instructional service delivery. 4. The Department shall develop a program to acknowledge the redbud school grant recipients and shall include elected members of the House of Representatives and Senate who represent the school districts and eligible charter schools. 5. The Department shall create a dedicated page on its website listing annual redbud school grant recipients, amount awarded to each recipient, and other pertinent information about the Redbud School Funding Act. 6. The Department shall provide the chair of the House Appropriations and Budget Committee and the chair of the Senate Appropriations Committee no later than February 1 of each year with an estimate of the upcoming year’s redbud school grant allocation as prescribed by this section. Added by Laws 1971, c. 281, § 3-104, eff. July 2, 1971. Amended by Laws 1972, c. 241, § 1, emerg. eff. April 7, 1972; Laws 1973, c. 17, § 1, emerg. eff. March 27, 1973; Laws 1973, c. 46, § 6, operative July 1, 1973; Laws 1974, c. 146, § 1; Laws 1975, c. 344, § 1; Laws 1978, c. 85, § 1, eff. Jan. 8, 1979; Laws 1982, c. 369, § 1, eff. Oct. 1, 1982; Laws 1984, c. 296, § 42, operative July 1, 1984; Laws 1985, c. 13, § 1, eff. Nov. 1, 1985; Laws 1986, c. 105, § 2, emerg. eff. April 5, 1986; Laws 1991, c. 240, § 1, eff. Sept. 1, 1991; Laws 1993, c. 361, § 1, emerg. eff. June 11, 1993; Laws 1994, c. 2, § 26, emerg. eff. March 2, 1994; Laws 1994, c. 378, § 1, eff. July 1, 1994; Laws 1995, c. 1, § 25, emerg. eff. March 2, 1995; Laws 1995, c. 226, § 1, eff. July 1, 1995; Laws 1995, c. 322, § 23, eff. July 1, 1995; Laws 1998, c. 246, § 32, eff. Nov. 1, 1998; Laws 1999, c. 336, § 5, eff. Nov. 1, 1999; Laws 2009, c. 448, § 1, eff. Nov. 1, 2009; Laws 2010, c. 2, § 73, emerg. eff. March 3, 2010; Laws 2011, c. 31, § 4; Laws 2012, c. 354, § 1; Laws 2013, c. 271, § 1; Laws 2021, c. 563, § 5, emerg. eff. May 28, 2021; Laws 2023, c. 323, § 4, eff. July 1, 2024; Laws 2024, c. 445, § 2, eff. July 1, 2024; Laws 2025, c. 101, § 1, eff. July 1, 2025. NOTE: Laws 1993, c. 239, § 21 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994. Laws 1994, c. 344, § 1 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 2009, c. 234, § 155 repealed by Laws 2010, c. 2, § 74, emerg. eff. March 3, 2010. §70-3-104v2. State Board of Education - Powers and duties. A. The supervision of the public school system of Oklahoma shall be vested in the State Board of Education and, subject to limitations otherwise provided by law, the State Board of Education shall: 1. Adopt policies and make rules for the operation of the public school system of the state; 2. Appoint, prescribe the duties, and fix the compensation of a secretary, an attorney, and all other personnel necessary for the proper performance of the functions of the State Board of Education. The secretary shall not be a member of the Board; 3. Submit to the Governor a departmental budget based upon major functions of the State Department of Education as prepared by the Superintendent of Public Instruction and supported by detailed data on needs and proposed operations as partially determined by the budgetary needs of local school districts filed with the State Board of Education for the ensuing fiscal year. Appropriations therefor shall be made in lump-sum form for each major item in the budget as follows: a. State Aid to schools, b. the supervision of all other functions of general and special education including general control, free textbooks, school lunch, Indian education, and all other functions of the Board and an amount sufficient to adequately staff and administer these services, and c. the Board shall determine the details by which the budget and the appropriations are administered. Annually, the Board shall make preparations to consolidate all of the functions of the Department in such a way that the budget can be based on two items, administration and aid to schools. A maximum amount for administration shall be designated as a part of the total appropriation; 4. On the first day of December preceding each regular session of the Legislature, prepare and deliver electronically to the Governor and the Legislature a report for the year ending June 30 immediately preceding the regular session of the Legislature. The report shall contain: a. detailed statistics and other information concerning enrollment, attendance, expenditures including State Aid, and other pertinent data for all public schools in this state, b. reports from each and every division within the State Department of Education as submitted by the Superintendent of Public Instruction and any other division, department, institution, or other agency under the supervision of the Board, c. recommendations for the improvement of the public school system of the state, d. a statement of the receipts and expenditures of the State Board of Education for the past year, and e. a statement of plans and recommendations for the management and improvement of public schools and such other information relating to the educational interests of the state as may be deemed necessary and desirable; 5. Provide for the formulation and adoption of curricula, courses of study, and other instructional aids necessary for the adequate instruction of pupils in the public schools; 6. Have authority in matters pertaining to the licensure and certification of persons for instructional, supervisory, and administrative positions and services in the public schools of the state subject to the provisions of Section 6-184 of this title, and shall formulate rules governing the issuance and revocation of certificates for superintendents of schools, principals, supervisors, librarians, clerical employees, school nurses, school bus drivers, visiting teachers, classroom teachers, and for other personnel performing instructional, administrative, and supervisory services, but not including members of boards of education and other employees who do not work directly with pupils, and may charge and collect reasonable fees for the issuance of such certificates: a. the State Department of Education shall not issue a certificate to and shall revoke the certificate of any person who has been convicted, whether upon a verdict or plea of guilty or upon a plea of nolo contendere, or received a suspended sentence or any probationary term for a crime or an attempt to commit a crime provided for in Section 843.5 of Title 21 of the Oklahoma Statutes if the offense involved sexual abuse or sexual exploitation as those terms are defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, Section 741, 843.1, if the offense included sexual abuse or sexual exploitation, 865 et seq., 885, 888, 891, 1021, 1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1114, or 1123 of Title 21 of the Oklahoma Statutes or who enters this state and who has been convicted, received a suspended sentence, or received a deferred judgment for a crime or attempted crime which, if committed or attempted in this state, would be a crime or an attempt to commit a crime provided for in any of the laws, b. except as provided for in subparagraph a of this paragraph, the State Board of Education shall have the authority to revoke or suspend a license or certificate only for the following reasons: (1) a willful violation of any federal or state law, (2) the abuse or neglect of a child, (3) moral turpitude, or (4) a conviction for any of the offenses or basis for revocation set forth in this section and Section 3-104.1 of this title, c. the State Board of Education shall not have the authority to summarily revoke or suspend a license or certificate pending an individual proceeding for revocation or other action unless for a valid emergency as defined in the Administrative Procedures Act. Upon initiating a formal investigation, the State Department of Education shall notify via certified mail and electronic mail the superintendent of the school district where the license or certificate holder is employed. In no event shall the State Board of Education move to revoke or suspend a license or certificate, for an emergency or otherwise, unless the license or certificate holder and any employing school district received notice via certified mail and electronic mail within three (3) days of the date the application was filed with the State Board of Education, and d. all funds collected by the State Department of Education for the issuance of certificates to instructional, supervisory, and administrative personnel in the public schools of the state shall be deposited in the “Teachers’ Certification Fund” in the State Treasury and may be expended by the State Board of Education to finance the activities of the State Department of Education necessary to administer the program, for consultative services, publication costs, actual and necessary travel expenses as provided in the State Travel Reimbursement Act incurred by persons performing research work, and other expenses found necessary by the State Board of Education for the improvement of the preparation and certification of teachers in this state. Provided, any unobligated balance in the Teachers’ Certification Fund in excess of Ten Thousand Dollars ($10,000.00) on June 30 of any fiscal year shall be transferred to the General Revenue Fund of this state. Until July 1, 1997, the State Board of Education shall have authority for approval of teacher education programs. The State Board of Education shall also have authority for the administration of teacher residency and professional development, subject to the provisions of the Oklahoma Teacher Preparation Act; 7. Promulgate rules governing the classification, inspection, supervision, and accrediting of all public nursery, kindergarten, elementary and secondary schools, and on-site educational services provided by public school districts or state-accredited private schools in partial hospitalization programs, day treatment programs, and day hospital programs as defined in Section 3-104.7 of this title and Section 175.20 of Title 10 of the Oklahoma Statutes for persons between the ages of three (3) and twenty-one (21) years of age in the state. However, no school shall be denied accreditation solely on the basis of average daily attendance. Any school district which maintains an elementary school and faces the necessity of relocating its school facilities because of construction of a lake, either by state or federal authority, which will inundate the school facilities, shall be entitled to receive probationary accreditation from the State Board of Education for a period of five (5) years after June 12, 1975, and any school district, otherwise qualified, shall be entitled to receive probationary accreditation from the State Board of Education for a period of two (2) consecutive years to attain the minimum average daily attendance. The Head Start and public nurseries or kindergartens operated from community action agency funds shall not be subjected to the accrediting rules of the State Board of Education. Neither will the State Board of Education make rules affecting the operation of the public nurseries and kindergartens operated from federal funds secured through community action agencies even though they may be operating in the public schools of the state. However, any of the Head Start or public nurseries or kindergartens operated under federal regulations may make application for accrediting from the State Board of Education but will be accredited only if application for the approval of the programs is made. The status of no school district shall be changed which will reduce it to a lower classification until due notice has been given to the proper authorities thereof and an opportunity given to correct the conditions which otherwise would be the cause of such reduction. Private and parochial schools may be accredited and classified in like manner as public schools or, if an accrediting association is approved by the State Board of Education, by procedures established by the State Board of Education to accept accreditation by such accrediting association, if application is made to the State Board of Education for such accrediting; 8. Be the legal agent of this state to accept, in its discretion, the provisions of any Act of Congress appropriating or apportioning funds which are now, or may hereafter be, provided for use in connection with any phase of the system of public education in Oklahoma. It shall prescribe such rules as it finds necessary to provide for the proper distribution of such funds in accordance with the state and federal laws; 9. Be and is specifically hereby designated as the agency of this state to cooperate and deal with any officer, board, or authority of the United States Government under any law of the United States which may require or recommend cooperation with any state board having charge of the administration of public schools unless otherwise provided by law; 10. Be and is hereby designated as the state educational agency referred to in Public Law 396 of the 79th Congress of the United States, as amended, which may be known as the Richard B. Russell National School Lunch Act, and the State Board of Education is hereby authorized and directed to accept the terms and provisions of the act and to enter into such agreements, not in conflict with the Constitution of Oklahoma or the Constitution and Statutes of the United States, as may be necessary or appropriate to secure for this state the benefits of the school lunch program established and referred to in the act; 11. Have authority to secure and administer the benefits of the Richard B. Russell National School Lunch Act, Public Law 396 of the 79th Congress of the United States, as amended, in this state and is hereby authorized to employ or appoint and fix the compensation of such additional officers or employees and to incur such expenses as may be necessary for the accomplishment of the above purpose, and administer the distribution of any state funds appropriated by the Legislature required as federal matching to reimburse on children’s meals; 12. Accept and provide for the administration of any land, money, buildings, gifts, donations, or other things of value which may be offered or bequeathed to the schools under the supervision or control of the Board; 13. Have authority to require persons having administrative control of all school districts in Oklahoma to make such regular and special reports regarding the activities of the schools in the districts as the Board may deem needful for the proper exercise of its duties and functions. Such authority shall include the right of the State Board of Education to withhold all state funds under its control, to withhold official recognition including accrediting, until such required reports have been filed and accepted in the office of the Board and to revoke the certificates of persons failing or refusing to make such reports; 14. Have general supervision of the school lunch program. The State Board of Education may sponsor workshops for personnel and participants in the school lunch program and may develop, print, and distribute free of charge or sell any materials, books, and bulletins to be used in the school lunch programs. There is hereby created in the State Treasury a revolving fund for the Board, to be designated the “School Lunch Workshop Revolving Fund”. The fund shall consist of all fees derived from or on behalf of any participant in any such workshop sponsored by the State Board of Education, or from the sale of any materials, books, and bulletins, and funds shall be disbursed for expenses of such workshops and for developing, printing, and distributing of the materials, books, and bulletins relating to the school lunch program. The fund shall be administered in accordance with Section 155 of Title 62 of the Oklahoma Statutes; 15. Prescribe all forms for school district and county officers to report to the State Board of Education where required. The State Board of Education shall also prescribe a list of appropriation accounts by which the funds of school districts shall be budgeted, accounted for, and expended; and it shall be the duty of the State Auditor and Inspector in prescribing all budgeting, accounting, and reporting forms for school funds to conform to such lists; 16. Provide for the establishment of a uniform system of pupil and personnel accounting, records, and reports; 17. Have authority to provide for the health and safety of school children and school personnel while under the jurisdiction of school authorities; 18. Provide for the supervision of the transportation of pupils; 19. Have authority, upon request of the local school board, to act in behalf of the public schools of the state in the purchase of transportation equipment; 20. Have authority and is hereby required to perform all duties necessary to the administration of the public school system in Oklahoma as specified in the Oklahoma School Code; and, in addition thereto, those duties not specifically mentioned herein if not delegated by law to any other agency or official; 21. Administer the State Public Common School Building Equalization Fund established by Section 32 of Article X of the Oklahoma Constitution. Any monies as may be appropriated or designated by the Legislature, other than ad valorem taxes, any other funds identified by the State Department of Education, which may include, but not be limited to, grants-in-aid from the federal government for building purposes, the proceeds of all property that shall fall to the state by escheat, penalties for unlawful holding of real estate by corporations, and capital gains on assets of the permanent school funds, shall be deposited in the State Public Common School Building Equalization Fund. The fund shall be used to aid school districts and charter schools in acquiring buildings, subject to the limitations fixed by Section 32 of Article X of the Oklahoma Constitution. It is hereby declared that redbud school grants disbursed from the State Public Common School Building Equalization Fund shall be used for the same purposes as a building fund, as provided for in Section 1-118 of this title. It is hereby declared that the term “school districts” as used in Section 32 of Article X of the Oklahoma Constitution shall mean school districts and eligible charter schools as defined in subsection B of this section. The State Board of Education shall disburse redbud school grants annually from the State Public Common School Building Equalization Fund to public schools and eligible charter schools pursuant to subsection B of this section. The Board shall promulgate rules for the implementation of disbursing redbud school grants pursuant to this section. The State Board of Education shall prescribe rules for making grants of aid from, and for otherwise administering, the fund pursuant to the provisions of this paragraph, and may employ and fix the duties and compensation of technicians, aides, clerks, stenographers, attorneys, and other personnel deemed necessary to carry out the provisions of this paragraph. The cost of administering the fund shall be paid from monies appropriated to the State Board of Education for the operation of the State Department of Education. From monies apportioned to the fund, the State Department of Education may reserve not more than one-half of one percent (1/2 of 1%) for purposes of administering the fund; 22. Recognize that the Director of the Department of Corrections shall be the administrative authority for the schools which are maintained in the state reformatories and shall appoint the principals and teachers in such schools. Provided, that rules of the State Board of Education for the classification, inspection, and accreditation of public schools shall be applicable to such schools; and such schools shall comply with standards set by the State Board of Education; and 23. Have authority to administer a revolving fund which is hereby created in the State Treasury, to be designated the “Statistical Services Revolving Fund”. The fund shall consist of all monies received from the various school districts of the state, the United States Government, and other sources for the purpose of furnishing or financing statistical services and for any other purpose as designated by the Legislature. The State Board of Education is hereby authorized to enter into agreements with school districts, municipalities, the United States Government, foundations, and other agencies or individuals for services, programs, or research projects. The Statistical Services Revolving Fund shall be administered in accordance with Section 155 of Title 62 of the Oklahoma Statutes. B. 1. The redbud school grants shall be determined by the State Department of Education as follows: a. divide the county four-mill levy revenue by four to determine the nonchargeable county four-mill revenue for each school district, b. determine the amount of new revenue generated by the five-mill building fund levy as authorized by Section 10 of Article X of the Oklahoma Constitution for each school district as reported in the Oklahoma Cost Accounting System for the preceding fiscal year, c. add the amounts calculated in subparagraphs a and b of this paragraph to determine the nonchargeable millage for each school district, d. add the nonchargeable millage in each district statewide as calculated in subparagraph c of this paragraph and divide the total by the average daily membership in public schools statewide based on the preceding school year’s average daily membership, according to the provisions of Section 18-107 of this title. This amount is the statewide nonchargeable millage per student, known as the baseline local funding per student, e. all eligible charter schools shall be included in these calculations as unique school districts, separate from the school district that may sponsor the eligible charter school, and the total number of districts shall be used to determine the statewide average baseline local funding per student, f. for each school district or eligible charter school which is below the baseline local funding per student, the Department shall subtract the baseline local funding per student from the average nonchargeable millage per student of the school district or eligible charter school to determine the nonchargeable millage per student shortfall for each district, and g. the nonchargeable millage per student shortfall for a school district or eligible charter school shall be multiplied by the average daily membership of the preceding school year of the eligible school district or eligible charter school. This amount shall be the redbud school grant amount for the school district or eligible charter school. 2. For fiscal year 2022, monies for the redbud school grants shall be expended from the funds apportioned pursuant to Section 426 of Title 63 of the Oklahoma Statutes. For fiscal year 2023 and each subsequent fiscal year, monies for the redbud school grants shall be appropriated pursuant to Section 426 of Title 63 of the Oklahoma Statutes, not to exceed three-fourths (3/4) of the tax collected in the preceding fiscal year pursuant to Section 426 of Title 63 of the Oklahoma Statutes as determined by the Oklahoma Tax Commission. For fiscal year 2023 and each subsequent fiscal year, if such appropriated funds are insufficient to fund the redbud school grants, then an additional apportionment of funds shall be made from sales tax collections as provided by subsection D of Section 1353 of Title 68 of the Oklahoma Statutes. If both funds are insufficient, the Department shall promulgate rules to permit a decrease to the baseline local funding per student to the highest amount allowed with the funding available. 3. As used in this section, “eligible charter school” shall mean a charter school which is sponsored pursuant to the provisions of the Oklahoma Charter Schools Act. Provided, however, eligible charter school shall not include a statewide virtual charter school sponsored by the Statewide Charter School Board but shall only include those which provide in-person or blended instruction, as provided by Section 1-111 of this title, to not less than two-thirds (2/3) of students as the primary means of instructional service delivery. 4. The Department shall develop a program to acknowledge the redbud school grant recipients and shall include elected members of the House of Representatives and Senate who represent the school districts and eligible charter schools. 5. The Department shall create a dedicated page on its website listing annual redbud school grant recipients, amount awarded to each recipient, and other pertinent information about the Redbud School Funding Act. 6. The Department shall provide the chair of the House Appropriations and Budget Committee and the chair of the Senate Appropriations Committee no later than February 1 of each year with an estimate of the upcoming year’s redbud school grant allocation as prescribed by this section. Added by Laws 1971, c. 281, § 3-104, eff. July 2, 1971. Amended by Laws 1972, c. 241, § 1, emerg. eff. April 7, 1972; Laws 1973, c. 17, § 1, emerg. eff. March 27, 1973; Laws 1973, c. 46, § 6, operative July 1, 1973; Laws 1974, c. 146, § 1; Laws 1975, c. 344, § 1; Laws 1978, c. 85, § 1, eff. Jan. 8, 1979; Laws 1982, c. 369, § 1, eff. Oct. 1, 1982; Laws 1984, c. 296, § 42, operative July 1, 1984; Laws 1985, c. 13, § 1, eff. Nov. 1, 1985; Laws 1986, c. 105, § 2, emerg. eff. April 5, 1986; Laws 1991, c. 240, § 1, eff. Sept. 1, 1991; Laws 1993, c. 361, § 1, emerg. eff. June 11, 1993; Laws 1994, c. 2, § 26, emerg. eff. March 2, 1994; Laws 1994, c. 378, § 1, eff. July 1, 1994; Laws 1995, c. 1, § 25, emerg. eff. March 2, 1995; Laws 1995, c. 226, § 1, eff. July 1, 1995; Laws 1995, c. 322, § 23, eff. July 1, 1995; Laws 1998, c. 246, § 32, eff. Nov. 1, 1998; Laws 1999, c. 336, § 5, eff. Nov. 1, 1999; Laws 2009, c. 448, § 1, eff. Nov. 1, 2009; Laws 2010, c. 2, § 73, emerg. eff. March 3, 2010; Laws 2011, c. 31, § 4; Laws 2012, c. 354, § 1; Laws 2013, c. 271, § 1; Laws 2021, c. 563, § 5, emerg. eff. May 28, 2021; Laws 2023, c. 323, § 4, eff. July 1, 2024; Laws 2024, c. 445, § 2, eff. July 1, 2024; Laws 2025, c. 445, § 1, eff. July 1, 2025. NOTE: Laws 1993, c. 239, § 21 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994. Laws 1994, c. 344, § 1 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 2009, c. 234, § 155 repealed by Laws 2010, c. 2, § 74, emerg. eff. March 3, 2010. §70-3-105. Repealed by Laws 1980, c. 159, § 40, emerg. eff. April 2, 1980. §70-3-106. Office - Books pertaining to office - Salary of Superintendent. The State Superintendent of Public Instruction shall have an office at the seat of government where all books and papers pertaining to the office of the Superintendent shall be kept. The books and papers shall be kept and preserved in the office and delivered by the Superintendent of Public Instruction to a successor. The Superintendent shall file and carefully preserve in the office all official reports made to the Superintendent. The salary of the State Superintendent of Public Instruction shall be as provided for in Section 250.4 of Title 74 of the Oklahoma Statutes. Added by Laws 1971, c. 281, § 3-106, eff. July 2, 1971. Amended by Laws 1973, c. 137, § 1, emerg. eff. May 10, 1973; Laws 1982, c. 287, § 35, operative July 1, 1982; Laws 2011, c. 31, § 5. §70-3-107. Administrative and executive duties. The State Superintendent of Public Instruction is hereby authorized to administer oaths. Upon proper request, the State Superintendent shall advise school district superintendents and technology center school district superintendents on questions as to the powers, duties and functions of school district officials. The State Superintendent shall have control of and direct the State Department of Education and shall perform any other duties pertaining to the public school system as shall be prescribed by law or the State Board of Education. The State Superintendent may affiliate with the National Council of Chief State School Officers and any other national and state organizations as will be of service and benefit to the public school system of Oklahoma, and dues or assessments for membership therein shall be payable from any appropriation that is available for the payment of current operative expenses of the State Department of Education. Added by Laws 1971, c. 281, § 3-107, eff. July 2, 1971. Amended by Laws 2011, c. 31, § 6; Laws 2021, c. 315, § 1, eff. Nov. 1, 2021. §70-3-107.1. State Superintendent of Public Instruction - Powers and duties. The State Superintendent of Public Instruction shall have the control of and direct the State Department of Education. In addition to any other powers and duties as set forth by the Oklahoma Constitution or by law, the State Superintendent shall: 1. Give advice and make recommendations to the State Board of Education on all matters pertaining to the policies and administration of the public school system; 2. Adopt policies and make rules for the organization, operation and administration of the State Department of Education; 3. Organize and have control of the administration of the State Department of Education and any other supervisory agencies, divisions, personnel and their appointment and salaries and other operations necessary to carry out the powers, duties and functions of the State Superintendent and the State Board of Education; 4. Have authority to require the coordination of all divisions of the State Department of Education and have general supervision of all employees of the Department; 5. Present all recommendations of the Department to the State Board and require employees of the Department to present specific matters directly to the State Board; and 6. Be responsible for interpretation of policy and rules set by the State Board. Added by Laws 2011, c. 31, § 7. §70-3-108. Repealed by Laws 1982, c. 287, § 50, operative July 1, 1982. §70-3-109. Curriculum Materials Revolving Fund. There is hereby created in the State Treasury a revolving fund for the State Board of Education, to be designated the "Curriculum Materials Revolving Fund". The fund shall consist of curriculum guides fees paid to the Board pursuant to law. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the control and management of the administrative authority of the State Board of Education. Expenditures from said fund shall be made for the purpose of maintaining the curriculum guides process and for any other purpose as designated by the Legislature. Warrants for expenditure shall be drawn by the State Treasurer on claims by an authorized employee of the State Board of Education and approved by the Director of the Office of Management and Enterprise Services. Added by Laws 1982, c. 287, § 40, operative July 1, 1982. Amended by Laws 1993, c. 361, § 2, eff. July 1, 1993; Laws 2012, c. 304, § 588. §70-3-110. Repealed by Laws 2014, c. 164, § 7, eff. July 1, 2014. §70-3-110.1. Allocation of funds for adult education. Funds appropriated to the State Board of Career and Technology Education for Adult Education Matching Funds shall be provided to school districts which offer courses leading to a high school equivalency diploma. The State Board of Career and Technology Education shall promulgate rules for the distribution of the funds. Added by Laws 1995, c. 305, § 3, eff. July 1, 1995. Amended by Laws 2014, c. 164, § 1, eff. July 1, 2014; Laws 2015, c. 360, § 1, eff. July 1, 2015. §70-3-111. Blank. §70-3-112. Blank. §70-3-113. Blank. §70-3-114. Blank. §70-3-115. School facility improvement program - Allocations from appropriations. C. Of the Eighteen Million Three Hundred Sixty-five Thousand Four Hundred Two Dollars ($18,365,402.00) scheduled for expenditure for Administrative and Support Functions of the State Department of Education in Section 80, Chapter 204, O.S.L. 1987, from funds appropriated to the Department in Sections 71, 72 and 74, Chapter 204, O.S.L. 1987, the sum of Sixty-two Thousand Nine Hundred Sixty- seven Dollars ($62,967.00) shall be expended for the school facility improvement program provided in this section. D. The State Board of Education shall expend the sum of One Hundred Eighty-seven Thousand Thirty-three Dollars ($187,033.00) from the State Public Common School Building Equalization Fund for the school facility improvement program provided in this section. Added by Laws 1988, c. 320, § 67. Subsections A and B were vetoed by the Governor. §70-3-116. Repealed by Laws 2012, c. 223, § 16, eff. July 1, 2013. §70-3-116.1. Educational Accountability Reform Act - Short title. This act shall be known and may be cited as the “Educational Accountability Reform Act”. Added by Laws 2009, c. 456, § 1, eff. July 1, 2009. §70-3-116.2. Commission for Educational Quality and Accountability. A. Effective January 1, 2013, there is hereby created the Commission for Educational Quality and Accountability. The membership of the Commission shall consist of: 1. The Secretary of Education, who shall serve as the chair of the Commission; 2. One member appointed by the Governor, with the advice and consent of the Senate, representing business and industry from an Oklahoma employer with five hundred (500) or fewer employees; 3. One member, appointed by the Governor, with the advice and consent of the Senate, who is a parent of a child enrolled in a public school in this state; 4. One member, appointed by the Governor, with the advice and consent of the Senate, who is an administrator of a public school district; 5. One member, appointed by the Governor, with the advice and consent of the Senate, who shall represent higher education teacher education programs; 6. One member appointed by the Governor, with the advice and consent of the Senate, who shall be an active classroom teacher in kindergarten through grade six; and 7. One member appointed by the Governor, with the advice and consent of the Senate, who shall be an active classroom teacher in grades seven through twelve. The terms of the initial appointed members shall commence on January 1, 2013, and shall end on June 30, 2014. The terms of subsequently appointed members shall commence on July 1 of each year following the election of the Governor thereafter and shall be for four (4) years. If a vacancy occurs, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. B. A quorum of the Commission, which shall consist of four members, shall be present in order for the Commission to transact any business. Members shall be reimbursed for travel in the performance of their official duties in accordance with the State Travel Reimbursement Act. C. Prior to July 1, 2013, the Commission shall meet to organize and plan for the assumption of the powers and duties of the Education Oversight Board and the Oklahoma Commission for Teacher Preparation. D. Beginning July 1, 2013, the Commission shall assume the following duties: 1. Oversee implementation of the provisions of Enrolled House Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature; 2. Implementation of the provisions of the Oklahoma Teacher Preparation Act as provided for in law; 3. Make recommendations to the Governor and Legislature on methods to achieve an aligned, seamless system from preschool through postsecondary education; and 4. Set performance levels and corresponding cut scores pursuant to the Oklahoma School Testing Program Act and as provided for in Section 1210.541 of Title 70 of the Oklahoma Statutes. E. Beginning July 1, 2013, the Commission shall govern the operation of the Office of Educational Quality and Accountability created in Section 3-117 of Title 70 of the Oklahoma Statutes. F. 1. Beginning July 1, 2014, the Commission shall assume the following duties of the Oklahoma Commission for Teacher Preparation according to the provisions of the Oklahoma Teacher Preparation Act: a. approval and accreditation of teacher education programs, and b. assessment of candidates for licensure and certification. 2. To implement the provisions of this subsection the Commission shall: a. include the State Board of Education in the process, b. review and assess approved, accredited and new programs of teacher education, and c. encourage studies and research designed to improve teacher education. Added by Laws 2012, c. 223, § 1, eff. Jan. 1, 2013. §70-3-116.3. Technical corrections - References in statutes. A. As of July 1, 2013, all references to the Education Oversight Board shall mean the Commission for Educational Quality and Accountability. B. As of July 1, 2013, all references to the Office of Accountability shall mean the Office of Educational Quality and Accountability. C. As of July 1, 2014, all references to the Oklahoma Commission for Teacher Preparation shall mean the Commission for Educational Quality and Accountability. Added by Laws 2012, c. 223, § 2, eff. Jan. 1, 2013. §70-3-116.4. Transfer of authority. A. On July 1, 2014, the Oklahoma Commission for Teacher Preparation shall be placed under the authority of the Commission for Educational Quality and Accountability. Except as otherwise provided for in this section, the transfer shall include all real property, buildings, furniture, equipment, supplies, records, personnel, assets, current and future liabilities, fund balances, encumbrances, obligations, and indebtedness associated with the Oklahoma Commission for Teacher Preparation. B. All employees of the Oklahoma Commission for Teacher Preparation on July 1, 2014, including related liabilities for sick leave, annual leave, holidays, unemployment benefits, and workers’ compensation benefits accruing prior to July 1, 2014, to such personnel shall be transferred to the Commission for Educational Quality and Accountability as of July 1, 2014. It is the intent of the Legislature that, to the extent possible, the Commission ensure that the employees retain pay and benefits, as much as possible, including longevity, dependent insurance benefits, seniority, rights, and other privileges or benefits. C. Appropriate conveyances and other documents shall be executed by January 1, 2015, to effectuate the transfer of property owned by the Oklahoma Commission for Teacher Preparation to the Commission for Educational Quality and Accountability. D. Any monies donated or accruing to or in the name of the Oklahoma Commission for Teacher Preparation after July 1, 2014, shall be transferred to the Commission for Educational Quality and Accountability. Any other monies from appropriations, fees, licenses, fines, penalties, or other similar types of monies that accrue in any funds or accounts after July 1, 2014, in the name of the Oklahoma Commission for Teacher Preparation or maintained for the benefit of the Oklahoma Commission for Teacher Preparation are transferred to the Commission. E. The Commission for Educational Quality and Accountability shall succeed to any contractual rights and responsibilities incurred by the Oklahoma Commission for Teacher Preparation. F. The rules of the Oklahoma Commission for Teacher Preparation that are in effect on July 1, 2014, shall be enforceable by the Commission for Educational Quality and Accountability until the Commission establishes rules. Added by Laws 2012, c. 223, § 3, eff. Jan. 1, 2013. §70-3-116.5. Commission for Educational Quality and Accountability - Report on educational system. A. On or before October 31, 2021, the Commission for Educational Quality and Accountability shall issue a report to the Speaker of the Oklahoma House of Representatives, the President Pro Tempore of the Oklahoma State Senate and the Governor detailing factors in the public education system of the state that contribute to improvements in the: 1. Common education system, including, but not limited to, high school graduation rates and college and career assessment scores; 2. Higher education and career and technology education systems, including, but not limited to, timely graduation rates and reduced remediation rates; and 3. State workforce, including, but not limited to, career readiness and the ability for new graduates to find in-state employment. B. If the Commission finds there is insufficient information available to fulfill any of the report objectives specified in subsection A of this section, the report shall also contain recommendations on ways to address information gaps between state entities, such as the State Department of Education, the Oklahoma Department of Career and Technology Education and the Oklahoma State Regents for Higher Education. C. The Commission may contract with a private consultant or consultants to assist with the development of the report. D. The Commission may utilize any funds received including, but not limited to, any state or federal funds, grants or private donations to assist with the development of the report. Added by Laws 2021, c. 254, § 1, eff. July 1, 2021. §70-3-116.6. Pilot program for mentor teacher training. A. The Commission for Educational Quality and Accountability shall establish a two-year pilot program for mentor teacher training with the goal of retaining teachers in this state. For the purposes of this section, "mentor teacher" shall have the same meaning as provided for in Section 6-182 of Title 70 of the Oklahoma Statutes. B. The pilot program shall provide mentor teachers, who have taught for at least five (5) years, with coaching tools to guide, support, and assist teachers who have been employed by a public school district in this state for one year in the areas of classroom management, curriculum, differentiation of instruction, and other pedagogical techniques. The goal of the pilot program shall be to provide training to one mentor teacher from each school district in this state over the two-year period. C. Subject to the availability of funds, mentor teachers who complete the training pilot program created by this section shall be provided a one-time stipend of Three Thousand Dollars ($3,000.00). D. The Commission shall administer an introductory survey and an exit survey to teachers placed under the mentorship of a mentor teacher who completed the training pilot program created by this section. The Commission shall create a standardized survey form to measure a teacher's mentorship experience. E. By July 1, 2026, the Commission shall submit a report to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the chairs of the education committees in the Senate and House of Representatives. The report shall include but not be limited to aggregate data from the surveys administered pursuant to subsection D of this section and recommendations regarding continuation or expansion of the pilot program. F. The Commission shall promulgate rules to implement the provisions of this section. Added by Laws 2022, c. 137, § 1, eff. July 1, 2022. §70-3-117. Office of Educational Quality and Accountability. There is hereby created the Office of Educational Quality and Accountability. The Office of Educational Quality and Accountability, its personnel, budget, and expenditure of funds shall be solely under the direction of the Commission for Educational Quality and Accountability. The Commission shall demonstrate a savings of fifteen percent (15%) by merging the former Office of Accountability into the Office of Educational Quality and Accountability. Added by Laws 1989, 1st Ex.Sess., c. 2, § 42, emerg. eff. April 25, 1990. Amended by Laws 1997, c. 191, § 2, eff. July 1, 1997; Laws 2003, c. 434, § 30; Laws 2012, c. 223, § 5, eff. July 1, 2013. NOTE: Laws 2012, c. 304, § 590 repealed by Laws 2013, c. 15, § 95, eff. July 1, 2013. §70-3-117.1. Short title - School Finance Review Commission Act. This act shall be known and may be cited as the "School Finance Review Commission Act". Added by Laws 2017, c. 379, § 1, eff. July 1, 2017. §70-3-117.2. School Finance Review Commission - Creation. A. There is hereby created the School Finance Review Commission consisting of: 1. A member appointed by and serving at the pleasure of the Governor whose term shall begin not later than March 1, 2021; 2. A member appointed by and serving at the pleasure of the Lieutenant Governor whose term shall begin not later than March 1, 2021; 3. A member appointed by and serving at the pleasure of the Speaker of the House of Representatives whose term shall begin not later than March 1, 2021; 4. A member appointed by and serving at the pleasure of the Minority Leader of the House of Representatives whose term shall begin not later than March 1, 2021; 5. A member appointed by and serving at the pleasure of the President Pro Tempore of the Senate whose term shall begin not later than March 1, 2021; 6. A member appointed by and serving at the pleasure of the Minority Leader of the Senate whose term shall begin not later than March 1, 2021; 7. The Executive Director of the Office of Educational Quality and Accountability or his or her designee who is an employee of the Office of Educational Quality and Accountability who shall be an ex officio and nonvoting member; and 8. The State Superintendent or his or her designee who is an employee of the State Department of Education who shall be an ex officio and nonvoting member. B. Thereafter persons shall be appointed by the appointing authority for terms of four (4) years beginning on January 1, or until the Commission expires. Any vacancy shall be filled by the appointing authority for the remainder of the unexpired term. C. No voting member shall be appointed to the Commission who at the time of his or her appointment is an elected official. Any person who is appointed to the Commission who subsequently becomes an elected official during his or her term on the Commission shall be required to vacate his or her position on the Commission. D. The Educational Quality and Accountability Commission shall provide staff and administrative support to the School Finance Review Commission. The State Department of Education shall assist the Educational Quality and Accountability Commission as needed in providing staff and administrative support to the School Finance Review Commission. E. The Commission shall hold its meetings in compliance with the Oklahoma Open Meeting Act. F. No person appointed to the Commission shall be permitted to receive travel reimbursement or compensation. Added by Laws 2017, c. 379, § 3, eff. July 1, 2017. §70-3-117.3. School Finance Review Commission - Duties. A. The School Finance Review Commission shall conduct a review of all matters related to school finance, including but not limited to teacher compensation, benefits and administration costs. B. The Commission shall submit a report of its findings to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives no later than December 31, 2023, and every subsequent four (4) years by December 31. Added by Laws 2017, c. 379, § 4, eff. July 1, 2017. §70-3-118. Secretary of Education - Powers, duties and responsibilities. The Secretary of Education shall: 1. Oversee the Office of Educational Quality and Accountability; 2. Employ necessary personnel according to procedures established for the employment of personnel by the Office of Management and Enterprise Services; 3. Monitor the efforts of the public school districts to comply with the provisions of this act and of Enrolled Senate Bill No. 183 of the 1st Session of the 42nd Oklahoma Legislature which relate to common education; 4. Identify districts not making satisfactory progress toward compliance with the provisions and recommend appropriate corrective actions to the State Board of Education concerning each district so identified; 5. Have executive responsibility for the Oklahoma Educational Indicators Program and the annual report required pursuant to Section 1210.531 of this title; 6. Review and make periodic public comment on the progress and effectiveness of the State Board and State Department of Education, the Office of the State Superintendent of Public Instruction, other bodies created by this act, and the public schools of this state concerning the implementation of the provisions of this act and of Enrolled Senate Bill No. 183 of the 1st Session of the 42nd Oklahoma Legislature which relate to common education; 7. Analyze the revenues for all systems of education and the expenditure of common education revenue, giving close attention to expenditures for administrative expenses relating to the common schools; 8. Make reports to the public concerning these matters whenever appropriate; and 9. Submit recommendations regarding funding for education or statutory changes to the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Governor whenever appropriate. Added by Laws 1989, 1st Ex. Sess., c. 2, § 43, emerg. eff. April 25, 1990. Amended by Laws 1997, c. 191, § 3, eff. July 1, 1997; Laws 2012, c. 223, § 6, eff. July 1, 2013; Laws 2012, c. 304, § 591. §70-3-118.1. Budget and operations performance reviews. A. The Office of Educational Quality and Accountability is hereby authorized to conduct a performance review program to determine the effectiveness and efficiency of the budget and operations of school districts that have: 1. Administrative service costs which are above the expenditure limits established for school districts in Section 18-124 of this title or have total expenditures in excess of the district's adopted budget; 2. A district academic performance data score, calculated pursuant to the Elementary and Secondary Education Act of 1965, as amended or reauthorized, that is below the state average academic performance data; 3. Had a request for a performance review submitted by the Governor or the State Superintendent of Public Instruction; 4. A district student eligibility rate for free or reduced- price meals under the National School Lunch Act that is above the state average; or 5. Submitted a request for a performance review subsequent to a majority vote of the district's board of education. B. Funds appropriated by the Legislature to the Office of Educational Quality and Accountability may be expended to fulfill the provisions of this section. The Office of Educational Quality and Accountability may contract with an outside entity or hire personnel to assist in the development and design of the program. The Office of Educational Quality and Accountability may contract with outside entities to assist in conducting performance review programs. Such entities shall be chosen through a competitive bid process. Invitations to bid for the performance reviews shall be open to any public or private entity. Contracts for performance reviews shall not be done on a sole source basis. C. 1. If a performance review is conducted as authorized pursuant to paragraphs 1 through 4 of subsection A of this section, the entire cost of the review shall be borne by the Office of Educational Quality and Accountability. 2. If a school district requests a performance review, as authorized pursuant to paragraph 5 of subsection A of this section, twenty-five percent (25%) of the entire cost of the review shall be borne by the school district and seventy-five percent (75%) of the cost of the review shall be borne by the Office of Educational Quality and Accountability. 3. Districts shall be selected for review by the Commission for Educational Quality and Accountability contingent upon the availability of funding. D. The Office of Educational Quality and Accountability shall engage in follow-up, outreach and technical assistance to help school districts and others understand, interpret, and apply the recommendations and best practices resulting from performance reviews conducted pursuant to this section. E. After a performance review of a school district is completed by the Office of Educational Quality and Accountability, the school district may implement all or part of the recommendations contained in the review. F. If a school district experiences a cost savings that is directly attributable to implementation of performance review recommendations, the cost savings shall be expended by the school district for classroom expenses. Classroom expenses shall include but are not limited to teacher salaries and purchasing textbooks, teaching material, technology and other classroom equipment. Classroom expenditures shall not include administrative services as defined in Section 18-124 of this title or for equipment or materials for administrative staff. Added by Laws 2001, c. 419, § 1, eff. July 1, 2001. Amended by Laws 2002, c. 446, § 1, emerg. eff. June 5, 2002; Laws 2005, c. 432, § 14, eff. July 1, 2005; Laws 2009, c. 161, § 1, eff. July 1, 2009; Laws 2012, c. 223, § 7, eff. July 1, 2013; Laws 2013, c. 83, § 2, eff. July 1, 2013. §70-3-119. Allocation of funds for school lunch programs. Funds appropriated to the State Board of Education for School Lunch Matching and School Lunch Programs shall be apportioned by the State Board of Education to each school district for the purpose of providing meals for children in compliance with the National School Lunch Act and the Child Nutrition Act of 1966 and Public Law 91-248, as they may hereafter be amended or supplemented. Added by Laws 1995, c. 305, § 4, eff. July 1, 1995. §70-3-119.1. Electronic application to apply for free or reduced- price meals. A. The State Department of Education shall make available to school districts an optional electronic universal application for free or reduced-price meals under the National School Lunch Act. The application shall at a minimum: 1. Enable parents and legal guardians to complete and electronically submit applications for free and reduced-price meals to the school districts in which their students are enrolled; 2. Facilitate school districts in collecting and electronically submitting free and reduced-price meal applications to the State Department of Education; and 3. Allow for secure transmission of data necessary for eligibility and enrollment determinations for the Supplemental Nutrition Assistance Program. B. The provisions of this section shall not be construed to require school districts, parents, or legal guardians to use the electronic universal application provided for in subsection A of this section. Added by Laws 2024, c. 255, § 1, eff. July 1, 2024. §70-3-120. Board approval of programs using state funds. The funding of programs with state funds appropriated to the State Board of Education which are to be awarded through a competitive application process or on a contractual basis shall be subject to final approval of the State Board of Education. The Board shall be responsible for the review and evaluation of the programs throughout the term of the funding or contract. The Board shall ensure that all state funds are expended in an appropriate manner and for the purposes stated in the application or contract. Added by Laws 1995, c. 305, § 5, eff. July 1, 1995. §70-3-121. Apportionment of certain administrative and support function funds. A portion of the funds appropriated to the State Board of Education for the Administrative and Support Functions of the State Department of Education shall be expended for: 1. The cost involved in administering, scoring, reporting and other incidental duties necessary to accomplish the provisions of the Oklahoma School Testing Program Act; 2. Preschool deaf education programs operated by the State Department of Education; and 3. Conducting training workshops for administrative personnel pursuant to the provisions of Section 6-101.10 of this title. Added by Laws 1995, c. 305, § 6, eff. July 1, 1995. §70-3-122. Funding for education of children with visual impairments. A. A portion of the funds appropriated to the State Board of Education for Administrative and Support Functions of the State Department of Education shall be expended for the development and operation of a statewide network of services for the education of children with visual impairments. The network shall consist of itinerant services provided by qualified regional program specialists and certified orientation and mobility specialists. B. The network of services to be provided shall include: 1. Assessment of visual function; 2. Consultation regarding assessment of academic performance; 3. Consultation regarding assessment of ophthalmological performance; 4. Consultation regarding assessment of psychological performance; 5. Consultation regarding assessment of vocational performance; 6. Assistance in the development of individualized education plans for children with visual impairments; and 7. Provisions of or consultation regarding the acquisition of special equipment for children with visual impairment. Added by Laws 1995, c. 305, § 7, eff. July 1, 1995. §70-3-123. Allocation of funds for Oklahoma Education 2000 Challenge. A portion of the funds appropriated for the Administrative and Support Functions of the State Department of Education shall be allocated for the purpose of implementing the reforms in the Oklahoma Education 2000 Challenge Act, enacted by Enrolled Senate Bill No. 183 of the 1st Session of the 42nd Oklahoma Legislature and Enrolled House Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature. Added by Laws 1995, c. 305, § 8, eff. July 1, 1995. §70-3-123.1. Review of legislative provisions for duplication or conflict in mandates. The State Department of Education shall conduct a review of provisions of Enrolled House Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma Legislature as amended, Enrolled House Bill No. 1759 of the 1st Regular Session of the 47th Oklahoma Legislature as amended, and the federal Elementary and Secondary Education Act, P.L. No. 107-110, also known as the No Child Left Behind Act of 2001, to determine if there is a duplication of or a conflict in the legislative mandates in each act. The Department shall submit a report of the review to the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the chairs of the House of Representatives Education Committee, the Senate Education Committee, the House of Representatives Appropriation and Budget Education Subcommittee, and the Senate Appropriation and Budget Education Subcommittee for review by the House and Senate staff no later than September 1, 2003. Added by Laws 2003, c. 434, § 1. §70-3-124. Short title. This act shall be known and may be cited as the "Educational Deregulation Act". Added by Laws 1995, c. 307, § 1, eff. July 1, 1995. §70-3-125. Purpose of act. The purpose of this act is to ensure that local schools have the necessary freedom to innovate and improve education systems in order to maximize student learning and performance. Pursuant to this purpose, school districts shall be allowed to develop, make application for and implement educational improvement plans which would exempt the school district, a school site or any program, grade level, consortium of schools or school districts or other group within the district from the educational-related statutory regulations set forth in subsection D of Section 3 of this act and the State Board of Education rules. The plans submitted by school districts and approved by the State Board of Education should emphasize innovation, flexibility, and collaboration at the local school level, accountability at the state and local level, dissemination of results, and strict emphasis on improved student achievement. Added by Laws 1995, c. 307, § 2, eff. July 1, 1995. §70-3-126. Educational improvement plans - Components - Exemptions from statutory requirements and State Board of Education rules. A. A school district may develop an educational improvement plan which includes exemption from the educational-related statutory requirements set forth in subsection C of this section and State Board of Education rules for the school district, a school site or any program, grade level, consortium of schools or school districts or other group within the school district. The board of education of the school district shall, through adoption of a resolution, approve the plan prior to application being made to the State Board of Education. B. Each educational improvement plan approved by the State Board of Education shall include the following components: 1. A description of the educational benefits to be derived; 2. A definition of the standards of the plan; 3. Development of definitive work products, such as site improvement plans and progress reports; 4. Demonstration of collaboration by teachers, administrators, higher education representatives, students, parents/families, and the community; 5. Development and the use of an assessment mechanism to determine progress in meeting the goals and objectives of the plan; 6. Development of an in-service training plan to be provided to personnel at the site who will participate in the project; 7. Report on the results of the plan to the State Board of Education and provision of appropriate technical assistance to other school districts and the State Department of Education as required; and 8. Explanation of how the plan will affect other schools, programs or sites in the district. C. Each educational improvement plan shall include a list of the specific educational-related statutory requirements and State Board of Education rules the school district is requesting an exemption from and why each exemption is necessary to success of the plan. The school district shall not be granted an exemption from federal educational-related requirements. A school district may request an exemption from any statutory requirement or State Board of Education rule not related to bilingual and special education programs, health and safety provisions, school finance, State Aid, pupil formula weights, teacher salary and teacher retirement, the Oklahoma School Testing Program, the Oklahoma Educational Indicators Program and the teacher preparation, examination, certification, residency and professional development system. The State Board of Education may grant district-wide exemptions from certification requirements for Library Media Specialists to districts experiencing a shortage in this area. The State Board of Education may grant an exemption from certification requirements for superintendents to any district with an unweighted average daily membership over twenty- five thousand (25,000). Added by Laws 1995, c. 307, § 3, eff. July 1, 1995. Amended by Laws 1996, c. 343, § 1, eff. July 1, 1996; Laws 1999, c. 311, § 1, emerg. eff. June 4, 1999; Laws 2001, c. 24, § 1, emerg. eff. April 3, 2001; Laws 2014, c. 124, § 2, eff. July 1, 2014. §70-3-127. Approval by State Board of Education. A. Prior to the adoption of a resolution by the local board of education as required in subsection A of Section 3-126 of this title, the local board of education shall provide for a period of public review and comment on the proposed educational improvement plan and shall notify and allow comment from the district bargaining agent of the plan. If no bargaining agent exists for that district, the teachers directly effected shall be notified and allowed to make comments. All comments, recommendations and objections made by the bargaining agent and others to the local board of education shall be forwarded to the State Board of Education for consideration prior to review of the plan. B. Each educational improvement plan shall be approved by the State Board of Education before implementation. C. Approval of a plan shall be for no longer than three (3) years. If a plan is approved, the school district shall be required to submit an annual report and the Board shall provide for an annual assessment of the plan. D. The Board shall notify the Speaker of the House of Representatives and the President Pro Tempore of the Senate of the approval of plans on a quarterly basis and shall provide the Speaker and the President Pro Tempore with copies of the annual reports and assessments. E. If the Board determines through the annual assessment process that the school district is not complying with the requirements of the Educational Deregulation Act or is not meeting the goals of the plan, it shall first provide notice to the district of its findings. If the school district does not come into compliance or take action to meet the goals of the plan, the Board shall withdraw approval and terminate the plan. Added by Laws 1995, c. 307, § 4, eff. July 1, 1995. Amended by Laws 1996, c. 343, § 2, eff. July 1, 1996. §70-3-128. Rules. The State Board of Education shall promulgate rules to implement the provisions of this act. Added by Laws 1995, c. 307, § 6, eff. July 1, 1995. §70-3-129.1. Short title. This act shall be known and may be cited as the “Empowered Schools and School Districts Act”. Added by Laws 2010, c. 353, § 1. §70-3-129.2. Definitions. As used in the Empowered Schools and School Districts Act: 1. “Empowered school” means a school in which a school district board of education implements an empowerment plan pursuant to Section 3 of this act; 2. “Empowered school zone” means a group of schools of a school district that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education and in which a school district board of education implements an empowerment plan pursuant to Section 3 of this act; 3. “Empowered district” means a school district in which all schools of a school district are included in an empowerment plan implemented by the school district board of education pursuant to Section 3 of this act; and 4. “State Board” means the State Board of Education. Added by Laws 2010, c. 353, § 2. §70-3-129.3. Public school, zone, or district empowerment plan. A. 1. A public school, zone, or district may submit to its school district board of education an empowerment plan as described in subsection C of this section. 2. A school district board of education shall receive and review each empowerment plan submitted pursuant to paragraph 1 of this subsection. The school district board of education shall either approve or disapprove the empowerment plan within sixty (60) days after receiving the plan. 3. If the school district board of education rejects the plan, it shall provide to the public school, zone, or district that submitted the plan a written explanation of the basis for its decision. A public school, zone, or district may resubmit an amended empowerment plan at any time after denial. 4. If the school district board of education approves the plan, it shall proceed to seek approval of the school, zone, or district as an empowered school, zone, or district pursuant to Section 6 of this act. B. A school district board of education may initiate and collaborate with one or more public schools of the school district to create one or more empowerment plans, as described in subsection C of this section. In creating an empowerment plan the school district board of education shall ensure that each public school that would be affected by the plan has the opportunity to participate in the creation of the plan. C. Each empowerment plan shall include the following information: 1. A statement of the mission of the school, zone, or district and why designation as an empowered school, zone, or district would enhance the ability of the school, zone, or district to achieve its mission; 2. A description of the innovations the school, zone, or district would implement, which may include, but not be limited to, innovations in school staffing, curriculum and assessment, class scheduling, use of financial and other resources, and faculty recruitment, employment, evaluation, and compensation; 3. A listing of the programs, policies, or operational documents within the school, zone, or district that would be affected by the innovations identified by the school, zone, or district and the manner in which they would be affected. The programs, policies, or operational documents may include, but not be limited to: a. the research-based educational program to be implemented, b. the length of school day and school year, c. the student promotion and graduation policies to be implemented, d. the assessment plan, e. the proposed budget, and f. the proposed staffing plan; 4. A description of any statutory, regulatory, or district policy requirements that would need to be waived for the school, zone, or district to implement the identified innovations; 5. A description of any provision of the collective bargaining agreement in effect for the personnel at the school, zone, or district that would need to be waived for the school, zone, or district to implement its identified innovation; 6. An identification of the improvements in academic performance that the school, zone, or district expects to achieve in implementing the innovations; 7. An estimate of the cost savings and increased efficiencies, if any, the school, zone, or district expects to achieve in implementing the identified innovations; 8. Evidence that both a majority of the administrators and a majority of the teachers employed at the school, zone, or district approve the empowerment plan and consent to the designation as an empowered school, zone, or district. The determination of approval and consent of the plan shall be obtained by means of a secret ballot vote; 9. A statement of the level of support for designation as an empowered school, zone, or district demonstrated by the other persons employed at the school, zone, or district, the students and parents of students enrolled in the school, zone, or district, and the community surrounding the school, zone, or district; and 10. Any additional information required by the school district board of education of the school district in which the empowerment plan would be implemented. D. Each plan for creating an empowered school zone or district whether submitted by a group of public schools or created by a school district board of education through collaboration with a group of public schools, shall also include the following additional information: 1. A description of how innovations in the schools in the empowered school zone or district would be integrated to achieve results that would be less likely to be accomplished by each school working alone; and 2. An estimate of any economies of scale that would be achieved by innovations implemented jointly by the schools within the empowered school zone or district. E. No employee of a school, zone, or district shall be discriminated against by the school district board of education, the superintendent of the school district, or any other administrative officer of the school district or by any employee organization, an officer of the organization, or a member of the organization for exercising or not exercising the rights provided for under the Empowered Schools and School Districts Act. An employee of a school district or an officer or member of an employee organization shall be prohibited from impeding, restraining or coercing an employee of a school, zone or district from exercising the rights provided for under the act or causing an employer to impede, restrain or coerce an employee from exercising the rights provided for under the act. Added by Laws 2010, c. 353, § 3. §70-3-129.4. Empowerment plan considerations. In considering or creating an empowerment plan each school district board of education is encouraged to consider innovations in the following areas: 1. Curriculum and academic standards and assessments; 2. Accountability measures, including, but not limited to, expanding the use of a variety of accountability measures to more accurately present a complete measure of student learning and accomplishment. The accountability measures adopted may include, but not be limited to: a. use of graduation or exit examinations, b. use of end-of-course examinations, c. use of formative assessments which measure student growth over time, d. use of the Explore and Plan assessments, e. measuring the percentage of students continuing into higher education, and f. measuring the percentage of students simultaneously obtaining a high school diploma and an associate’s degree or a career and technical education certificate; 3. Provision of services, including, but not limited to, special education services, services for gifted and talented students, services for limited English proficient students, educational services for students at risk of academic failure, expulsion, or dropping out; and support services provided by the Department of Human Services or county social services agencies; 4. Teacher recruitment, training, preparation, and professional development; 5. Teacher employment; 6. Performance expectations and evaluation procedures for teachers and principals; 7. Compensation for teachers, principals, and other school building personnel, including, but not limited to, performance pay plans, total compensation plans, and other innovations with regard to retirement and other benefits; 8. School governance and the roles, responsibilities, and expectations of principals in empowered schools or schools within an empowered school zone; and 9. Preparation and counseling of students for transition to postsecondary education or the workforce. Added by Laws 2010, c. 353, § 4. §70-3-129.5. Acceptance of gifts, grants, and donations. Each public school and each school district board of education may seek and accept public and private gifts, grants, and donations to offset the costs of developing and implementing empowerment plans. Added by Laws 2010, c. 353, § 5. §70-3-129.6. Submitting approved empowerment plan to the State Board of Education. A. Each school district board of education shall submit approved school, zone, or district empowerment plans to the State Board of Education. B. 1. Within sixty (60) days after receiving an empowerment plan for a school, zone, or district, the State Board shall approve the empowerment plan unless the State Board concludes that the submitted plan: a. is likely to result in a decrease in academic achievement in the empowered school, zone, or district, or b. is not fiscally feasible. 2. If the State Board does not approve the empowerment plan, it shall provide to the school district board of education a written explanation of the basis for its decision. The school district board of education may resubmit an amended empowerment plan and seek approval of the empowerment plan at any time after denial. Added by Laws 2010, c. 353, § 6. §70-3-129.7. Waiving statutes or rules. A. Upon approval of an empowerment plan for a school, zone, or district, the State Board of Education shall waive any statutes or rules specified in the approved empowerment plan as they pertain to the empowered school, zone, or district; except that the State Board shall not waive requirements for the following: 1. School district employee participation in the Teachers’ Retirement System of Oklahoma; 2. The Oklahoma School Testing Program Act; 3. The requirement for students enrolled in the school district to demonstrate mastery of the state academic content standards as set forth in Section 1210.523 of Title 70 of the Oklahoma Statutes; 4. The accountability system as set forth in Section 1210.541 of Title 70 of the Oklahoma Statutes; and 5. The federal “No Child Left Behind Act of 2001”, 20 U.S.C., Section 6301 et seq. B. Except as otherwise provided in this subsection, the State Board of Education shall not waive any statute or rules specified in the approved empowerment plan for an empowered school, zone or district if the statute or rule relates to the implementation of or requirements for any program or grant for which the school district is receiving funds appropriated for the support of public school activities. The State Board of Education may waive any statute or rule that relates to the implementation of or requirements for any program or grant only if the funding for the program or grant is no longer allocated to the school district. C. Designation as an empowered school, zone, or district shall not affect the allocation of State Aid funding for the school district as calculated pursuant to Section 18-200.1 of Title 70 of the Oklahoma Statutes. D. 1. If the school district board of education for an empowered school, zone, or district revises an empowerment plan as provided in Section 9 of this act, the school district board of education may request, and the State Board shall grant, additional waivers or changes to existing waivers as necessary to accommodate the revisions to the empowerment plan unless the State Board concludes that the waivers or changes to existing waivers would: a. be likely to result in a decrease in academic achievement in the empowered school, zone, or district, or b. not be fiscally feasible. In requesting a new waiver or a change to an existing waiver, the school district board of education shall demonstrate the consent of a majority of the teachers and a majority of the administrators employed at each school that is affected by the new or changed waiver. 2. Except as otherwise provided in paragraph 1 of this subsection, a waiver that is granted pursuant to this section shall continue to apply to a school, zone, or district as long as the school, zone, or district continues to be designated as an empowered school, zone, or district. Added by Laws 2010, c. 353, § 7. §70-3-129.8. Waiver of provisions in collective bargaining agreement. A. 1. On and after the date on which the State Board of Education approves a school, zone, or district as an empowered school, zone, or district, any collective bargaining agreement of the empowered school, zone, or district shall include a provision that allows each empowered school, zone, or district to waive any provisions of the collective bargaining agreement identified in the empowerment plan as needing to be waived for the empowered school, zone, or district to implement its identified innovations. 2. For an empowered school, waiver of one or more of the provisions of the collective bargaining agreement shall be based on obtaining the approval, by means of a secret ballot vote, of at least sixty percent (60%) of the members of the collective bargaining unit who are employed at the empowered school. 3. For an empowered school zone or district, waiver of one or more of the provisions of the collective bargaining agreement shall be based on obtaining, at each school included in the empowered school zone or district, the approval, by means of a secret ballot vote, of at least sixty percent (60%) of the members of the collective bargaining unit who are employed in the zone or district. The school district board of education for the empowered zone or district may choose to revise the plan for creating an empowered zone or district to remove from the zone or district any school in which at least sixty percent (60%) of the members of the collective bargaining unit employed at the school do not vote to waive the identified provisions of the collective bargaining agreement. 4. If a school district board of education, in collaboration with the empowered school, zone, or district, revises the empowerment plan, as provided in Section 9 of this act, and the revisions include changes to the identified provisions of the collective bargaining agreement that need to be waived to implement the innovations that are included in the empowerment plan, the school district board of education shall seek such additional waivers or revision or revocation of the existing waivers of provisions of the collective bargaining agreement as are necessary to implement the revised empowerment plan. Any changes to waivers, or additional waivers, of the identified provisions of the collective bargaining agreement shall be subject to approval in the same manner as provided in paragraphs 2 and 3 of this subsection for the initial approval of waivers of provisions of the collective bargaining agreement. 5. Except as otherwise provided in paragraph 4 of this subsection, waiver of identified provisions of a collective bargaining agreement for an empowered school, zone, or district pursuant to this subsection shall continue as long as the school, zone, or district remains an empowered school, zone, or district. A waiver approved pursuant to this subsection shall continue to apply to any substantially similar provision that is included in a new or renewed collective bargaining agreement for the schools of the empowered school, zone, or district. B. A person who is a member of the collective bargaining unit and is employed at an empowered school or zone may request a transfer to another public school in the district. The school district board of education shall make every reasonable effort to accommodate the request of the person. Added by Laws 2010, c. 353, § 8. §70-3-129.9. Performance review. A. Three (3) years after the State Board of Education approves an empowerment plan for a school, zone, or district, and every three (3) years thereafter, the school district board of education shall review the level of performance of the empowered school, zone, or district and determine whether the empowered school, zone, or district is achieving or making adequate progress toward achieving the academic performance results identified in the empowerment plan of the school, zone, or district. The school district board of education, in collaboration with the empowered school, zone, or district, may revise the empowerment plan as necessary to improve or continue to improve academic performance at the empowered school, zone, or district. Any revisions to the empowerment plan shall require the consent of a majority of the teachers and a majority of the administrators employed at each affected public school. B. 1. Following review of an empowered school’s performance, if a school district board of education finds that the academic performance of students enrolled in the empowered school is not improving at a sufficient rate, the district school board may revoke the empowered status of the school. 2. Following review of the performance of an empowered school zone or district, if a school district board of education finds that the academic performance of students enrolled in one or more of the public schools included in the empowered school zone or district is not improving at a sufficient rate, the school district board of education may remove the underperforming public school or schools from the empowered school zone or district or may revoke the designation of the empowered school zone or district. Added by Laws 2010, c. 353, § 9. §70-3-129.10. Annual report. A. By March 1, 2011, and each year thereafter, the State Board of Education shall submit to the Governor, the President Pro Tempore of the State Senate, the Speaker of the House of Representatives, and to the members of the education committees of the Senate and the House of Representatives, or any successor committees, a report concerning the empowered districts. At a minimum, the report shall include: 1. The number of school districts designated as empowered districts in the preceding academic year and the total number of empowered districts in the state; 2. The number of empowered schools and the number of empowered school zones, including the number of schools in the zone, in each empowered district and the number of students served in the empowered schools and empowered school zones, expressed as a total number and as a percentage of the students enrolled in the empowered district; 3. An overview of the innovations implemented in each empowered school, zone, and district; 4. An overview of the academic performance of the students served in empowered schools, zones, and districts, including a comparison between the academic performance of the students before and since implementation of the innovations; 5. Any recommendations for legislative changes based on the innovations implemented or to further enhance the ability of school district boards of education to implement innovations; and 6. Any additional information requested by the Governor or a member of the Legislature. B. The State Superintendent of Public Instruction shall ensure that the annual report submitted pursuant to this section is promptly posted on the State Department of Education website. Added by Laws 2010, c. 353, § 10. §70-3-129.11. School District Empowerment Program. A. There is hereby established the School District Empowerment Program which shall be administered by the State Board of Education. The purpose of the program is to empower locally elected school board members to govern school districts and make decisions based on the needs of their students and circumstances. B. 1. Subject to the provisions of this section, a school district shall be allowed to submit a request to the State Board of Education for an exemption from all statutory requirements and State Board of Education rules from which charter schools are exempt, as provided for in the Oklahoma Charter Schools Act. Any request for exemption shall include a plan which outlines the goals sought to be achieved at a minimum, include the educational and fiscal benefits and the anticipated impacts or outcomes the plan will have in the district. 2. Within ninety (90) days after receiving the request and plan, the State Board shall approve or disapprove the request. If the State Board does not approve the request, it shall provide to the school district a written explanation of the basis for its decision. The school district may resubmit an amended request at any time after the denial. The request shall be approved by the State Board before implementation by the school district. An approved request and plan shall be for no longer than three (3) years. Prior to the beginning of the third year, the school district may apply for renewal of the approved request and plan. The school district shall be required to submit an annual report and the State Board shall annually assess the academic achievement and fiscal status of the school district. C. Nothing in this section shall prevent a school district board of education from choosing to follow any or all state laws, rules or regulations from which a charter school is exempt. A school district which has been granted approval by the State Board for exemption as set forth in subsection B of this section shall have the option to adopt policies to implement any requirement for the school district that is consistent with any statutory requirement or mandate or State Board rule, but a participating school shall comply with the following requirements: 1. Students who reside in the school district shall be entitled to attend school in the district as set forth in Section 1-114 of this title; 2. School districts shall comply with the requirements of the minimum salary schedule for teachers as set forth in Section 18- 114.12 of this title; 3. Employees of school districts shall continue to participate as members of the Teachers' Retirement System of Oklahoma as set forth in Section 17-101 et seq. of this title; 4. School districts shall comply with the requirement to provide a health insurance plan for school district employees as set forth in Section 5-117.5 of this title and to establish or make available to school district employees a cafeteria plan as set forth in Section 26-104 of this title; 5. School districts shall require any person employed by the school district to file with the district board a current Oklahoma criminal history record check from the Oklahoma State Bureau of Investigation as well as a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Each district shall adopt a policy regarding criminal history record checks as set forth in Section 5-142 of this title; 6. School districts shall comply with the requirement to evaluate teachers and to train personnel designated to conduct personnel evaluations as set forth in Sections 6-101.10 and 6-101.11 of this title, the dismissal and due process procedures for administrators as set forth in Sections 6-101.13 through 6-101.15 of this title and the due process procedures for teachers as set forth in Sections 6-101.21 through 6-101.26 of this title; 7. School districts shall comply with the requirement to make payroll deductions for either or both professional organization dues and political contributions upon the request of an employee as set forth in Section 5-139 of this title; 8. School districts shall comply with the dismissal and due process procedures for education support employees as set forth in Sections 6-101.40 through 6-101.47 of this title; 9. School districts shall employ as teachers, counselors, librarians, school nurses, superintendents, principals, supervisors or any other instructional, supervisory or administrative employee only those persons who are certified by the State Board of Education in accordance with the Oklahoma Teacher Preparation Act, except for persons exempt from the certification requirements as otherwise provided by law; 10. School districts shall provide for negotiations between school employees and school districts as set forth in Sections 509.1 through 509.11 of this title; 11. School districts shall be required to offer and students enrolled in the school district shall be required to complete the curriculum requirements as set forth in Section 11-103.6 of this title; 12. Students enrolled in the school district shall be required to demonstrate mastery of the state academic content standards as set forth in Section 1210.523 of this title; and 13. Members of the school district board of education shall be required to satisfy the instruction and continuing education requirements as set forth in Sections 5-110, 5-110.1 and 5-110.2 of this title. Added by Laws 2013, c. 312, § 1. Amended by Laws 2014, c. 124, § 3, eff. July 1, 2014. §70-3-130. Short title. Sections 6 through 18 of this act shall be known and may be cited as the “Oklahoma Charter Schools Act”. Added by Laws 1999, c. 320, § 5, eff. July 1, 1999. §70-3-131. Purpose. A. The purpose of the Oklahoma Charter Schools Act is to: 1. Improve student learning; 2. Increase learning opportunities for students; 3. Encourage the use of different and innovative teaching methods; 4. Provide additional academic choices for parents and students; 5. Require the measurement of student learning and create different and innovative forms of measuring student learning; 6. Establish new forms of accountability for schools; and 7. Create new professional opportunities for teachers and administrators including the opportunity to be responsible for the learning program at the school site. B. The purpose of the Oklahoma Charter Schools Act is not to provide a means by which to keep open a school that may otherwise be closed. Applicants applying for a charter for a school which is to be otherwise closed shall be required to prove that conversion to a charter school fulfills the purposes of the act independent of closing the school. Nothing in this section shall be interpreted to preclude a school designated as a “high challenge school” from becoming a charter school. Added by Laws 1999, c. 320, § 6, eff. July 1, 1999. §70-3-132. Application of act - Charter schools - Limitation on establishment of new schools. A. The Oklahoma Charter Schools Act shall apply only to charter schools formed and operated under the provisions of the act. Charter schools shall be sponsored only as follows: 1. By any school district located in this state, provided such charter school shall only be located within the geographical boundaries of the sponsoring district and subject to the restrictions of Section 3-145.6 of this title; 2. By an accredited comprehensive, regional, or two-year institution that is a member of The Oklahoma State System of Higher Education or by a private institution of higher learning located within this state that is accredited pursuant to Section 4103 of this title; 3. By a federally recognized Indian tribe, operating a high school under the authority of the Bureau of Indian Affairs as of November 1, 2010, if the charter school is for the purpose of demonstrating native language immersion instruction, and is located within its former reservation or treaty area boundaries. For purposes of this paragraph, native language immersion instruction shall require that educational instruction and other activities conducted at the school site are primarily conducted in the native language; 4. Until June 30, 2023, by the State Board of Education and beginning July 1, 2024, by the Statewide Charter School Board when the applicant of the charter school is the Office of Juvenile Affairs or the applicant has a contract with the Office of Juvenile Affairs and the charter school is for the purpose of providing education services to youth in the custody or supervision of the state or county; 5. By a federally recognized Indian tribe only when the charter school is located within the former reservation or treaty area boundaries of the tribe on property held in trust by the Bureau of Indian Affairs of the United States Department of the Interior for the benefit of the tribe; or 6. By the Statewide Charter School Board. In counties with a population of fewer than five hundred thousand (500,000), according to the latest Federal Decennial Census, the Statewide Charter School Board shall not sponsor more than five new charter schools each year. Existing charter schools sponsored by the Statewide Charter School Board shall not apply to the limits prescribed by this paragraph. B. An eligible non-school-district sponsor shall give priority to opening charter schools that serve at-risk student populations or students from low-performing traditional public schools. C. An eligible non-school-district sponsor shall give priority to applicants that have demonstrated a record of operating at least one school or similar program that demonstrates academic success and organizational viability and serves student populations similar to those the proposed charter school seeks to serve. In assessing the potential for quality replication of a charter school, a sponsor shall consider the following factors before approving a new site or school: 1. Evidence of a strong and reliable record of academic success based primarily on student performance data, as well as other viable indicators including financial and operational success; 2. A sound, detailed, and well-supported growth plan; 3. Evidence of the ability to transfer successful practices to a potentially different context that includes reproducing critical cultural, organizational, and instructional characteristics; 4. Any management organization involved in a potential replication is fully vetted, and the academic, financial, and operational records of the schools it operates are found to be satisfactory; 5. Evidence the program seeking to be replicated has the capacity to do so successfully without diminishing or putting at risk its current operations; and 6. A financial structure that ensures that funds attributable to each charter school within a network and required by law to be utilized by a school remain with and are used to benefit that school. Added by Laws 1999, c. 320, § 7, eff. July 1, 1999. Amended by Laws 2000, c. 232, § 5, eff. July 1, 2000; Laws 2001, c. 33, § 67, eff. July 1, 2001; Laws 2007, c. 257, § 1; Laws 2010, c. 290, § 1, eff. Nov. 1, 2010; Laws 2011, c. 1, § 34, emerg. eff. March 18, 2011; Laws 2011, c. 367, § 1; Laws 2012, c. 367, § 1, eff. July 1, 2012; Laws 2013, c. 83, § 3, eff. July 1, 2013; Laws 2013, c. 212, § 1, eff. Sept. 1, 2013; Laws 2015, c. 170, § 1; Laws 2016, c. 27, § 1, eff. July 1, 2016; Laws 2017, c. 42, § 29; Laws 2022, c. 222, § 1, emerg. eff. May 5, 2022; Laws 2023, c. 323, § 5, eff. July 1, 2024; Laws 2025, c. 116, § 1, eff. July 1, 2025. NOTE: Laws 2010, c. 288, § 1 repealed by Laws 2011, c. 1, § 35, emerg. eff. March 18, 2011. Laws 2015, c. 205, § 1 repealed by Laws 2016, c. 210, § 42, emerg. eff. April 26, 2016. Laws 2016, c. 210, § 41, emerg. eff. April 26, 2016 repealed by Laws 2017, c. 42, § 30. §70-3-132.1. Creation of Statewide Charter School Board - Termination of Statewide Virtual Charter School Board - Transfer to Statewide Charter School Board. A. There is hereby created the Statewide Charter School Board. Beginning July 1, 2024, the Board shall have the sole authority to sponsor statewide virtual charter schools in this state and may sponsor charter schools in this state. The Board shall be composed of nine (9) voting members as follows: 1. Three members appointed by the Governor; 2. Two members appointed by the President Pro Tempore of the Senate; 3. Two members appointed by the Speaker of the House of Representatives; 4. The Superintendent of Public Instruction or his or her designee; and 5. The State Auditor and Inspector or his or her designee. B. Initial appointments shall be made by October 31, 2023. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint one member for one (1) year and one member for two (2) years. The Governor shall appoint one member for one (1) year and two members for two (2) years. Members shall serve until their successors are duly appointed for a term of three (3) years. Appointments shall be made by and take effect on July 31 of the year in which the appointment is made. Annually by December 30 the Board shall elect from its membership a chair and vice chair. C. A member may be removed from the Board by the appointing authority for cause which shall include but not be limited to: 1. Being found guilty by a court of competent jurisdiction of a felony or any offense involving moral turpitude; 2. Being found guilty of malfeasance, misfeasance, or nonfeasance in relation to Board duties; 3. Being found mentally incompetent by a court of competent jurisdiction; or 4. Failing to attend three successive meetings of the Board without just cause, as determined by the Board. D. Vacancies shall be filled by the appointing authority. E. No member of the Senate or House of Representatives may be appointed to the Board while serving as a member of the Legislature or for two (2) full years following the expiration of the term of office. F. Members of the Statewide Charter School Board shall not receive compensation but shall be reimbursed for necessary travel expenses pursuant to the provisions of the State Travel Reimbursement Act. G. The Statewide Charter School Board shall meet at the call of the chair. The first meeting of the Board shall be held no later than sixty (60) days after the effective date of this act. H. Five members of the Board shall constitute a quorum, and an affirmative vote of at least five members shall be required for the Board to take any final action. I. Beginning July 1, 2024, statewide virtual charter schools shall be sponsored only by the Statewide Charter School Board created pursuant to this section. Effective July 1, 2024, the Statewide Virtual Charter School Board shall be abolished and the Statewide Charter School Board shall succeed to any contractual rights and responsibilities and settlement agreements incurred by the Statewide Virtual Charter School Board in a virtual charter school sponsorship contract executed prior to July 1, 2024. 1. All powers, duties, responsibilities, policies, personnel, property, equipment, supplies, records, assets, funds, current and future liabilities, encumbrances, obligations, and indebtedness of the Statewide Virtual Charter School Board or associated with a virtual charter school sponsorship contract entered into by the Statewide Virtual Charter School Board prior to July 1, 2024, shall be transferred to the Statewide Charter School Board. No items shall be expended or used for any purpose other than the performance of duties and responsibilities as directed and required in this act. Appropriate conveyances and other documents shall be executed to effectuate the transfer of property associated with a sponsorship contract. The Statewide Charter School Board may contract for additional legal and administrative services as necessary to effectuate the transfers provided in this subsection. 2. The Director of the Office of Management and Enterprise Services shall coordinate the transfer of funds, allotments, purchase orders, and outstanding financial obligations and encumbrances relating to the regulation of virtual charter schools as transferred pursuant to the provisions of this act. 3. Upon succession of sponsorship contracts, the Statewide Charter School Board shall assume sponsorship of the virtual charter schools for the remainder of the term of the contracts. Prior to the end of the current term of the contract, the Statewide Charter School Board shall allow a virtual charter school to apply for renewal of the sponsorship contract in accordance with the renewal procedures established pursuant to Section 3-137 of Title 70 of the Oklahoma Statutes. 4. Effective July 1, 2024, all administrative rules promulgated by the Statewide Virtual Charter School Board relating to the implementation and enforcement of the Oklahoma Charter Schools Act shall be enforceable by the Statewide Charter School Board. The rules shall continue in force and effect and the Statewide Charter School Board shall have authority to amend, repeal, recodify, or make additions to the rules pursuant to the Administrative Procedures Act. J. Effective July 1, 2024, the Statewide Charter School Board shall succeed to any contractual rights and responsibilities and settlement agreements incurred by the State Board of Education in a charter school sponsorship contract executed prior to July 1, 2024. All property, equipment, supplies, records, assets, funds, current and future liabilities, encumbrances, obligations, and indebtedness associated with a charter school sponsorship contract entered into by the State Board of Education prior to July 1, 2024, shall be transferred to the Statewide Charter School Board. Appropriate conveyances and other documents shall be executed to effectuate the transfer of property associated with a sponsorship contract. Upon succession of sponsorship contracts, the Statewide Charter School Board shall assume sponsorship of the charter schools for the remainder of the term of the contracts. Prior to the end of the current term of the contract, the Statewide Charter School Board shall allow a charter school to apply for renewal of the sponsorship contract in accordance with the renewal procedures established pursuant to Section 3-137 of Title 70 of the Oklahoma Statutes. K. Beginning July 1, 2024, at the end of the current term of a charter school sponsorship contract with a school district, an accredited comprehensive or regional institution that is a member of The Oklahoma State System of Higher Education, a community college, or a federally recognized Indian tribe, a charter school may apply for contract renewal with the Statewide Charter School Board for sponsorship. Added by Laws 2023, c. 323, § 1, eff. Sept. 1, 2023. §70-3-132.2. Powers and responsibilities of Board - Accreditation and compliance - Conversion schools - Supplemental online courses. A. Beginning July 1, 2024, and subject to the requirements of the Oklahoma Charter Schools Act, the Statewide Charter School Board shall: 1. Provide supervision, services, and oversight of the operations of statewide virtual charter schools in this state and charter schools for which the Statewide Charter School Board is the sponsor, recommend legislation pertaining to charter schools to the Legislature, and promulgate rules and policies that the Board deems necessary to accomplish the purposes prescribed in this section; 2. Ensure compliance with state laws and training requirements for all charter schools, virtual charter schools, and sponsors; 3. Establish a procedure for accepting, approving, and disapproving charter school and statewide virtual charter school applications and a process for renewal or revocation of approved charter contracts which meet the procedures set forth in the Oklahoma Charter Schools Act; 4. Hire an Executive Director and other staff for its operation; 5. Prepare a budget for expenditures necessary for the proper maintenance of the Board and accomplishment of its purpose; 6. Comply with the requirements of the Oklahoma Open Meeting Act and Oklahoma Open Records Act; and 7. Give priority to opening charter schools and virtual charter schools that serve at-risk student populations or students from low- performing traditional public schools. B. The State Board of Education shall be responsible for accreditation of charter schools and virtual charter schools and ensure compliance with special education laws and federal laws and programs administered by the State Board of Education. C. 1. For purposes of the Oklahoma Charter Schools Act, “charter school” means: a. prior to July 1, 2024, a public school established by contract with a school district board of education, a technology center school district, a higher education institution, a federally recognized Indian tribe, or the State Board of Education, and b. on July 1, 2024, and after, a public school established by contract with a school district board of education, a higher education institution, an institution of higher learning accredited pursuant to Section 4103 of Title 70 of the Oklahoma Statutes, a federally recognized Indian tribe, or the Statewide Charter School Board, to provide learning that will improve student achievement and as defined in the Elementary and Secondary Education Act of 1965, as reauthorized by P.L. No. 114-95, also known as the Every Student Succeeds Act. 2. A charter school may consist of a new school site, new school sites, or all or any portion of an existing school site. An entire school district may not become a charter school site. D. 1. For the purposes of the Oklahoma Charter Schools Act, “conversion school” means a school created by converting all or any part of a traditional public school in order to access any or all flexibilities afforded to a charter school; provided, however, all or any part of a traditional public school shall not be converted to a virtual charter school. 2. Prior to the board of education of a school district converting all or any part of a traditional public school to a conversion school, the board shall prepare a conversion plan. The conversion plan shall include documentation that demonstrates and complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134 of Title 70 of the Oklahoma Statutes. The conversion plan and all documents shall be in writing and shall be available to the public pursuant to the requirements of the Oklahoma Open Records Act. All votes by the board of education of a school district to approve a conversion plan shall be held in an open public session. If the board of education of a school district votes to approve a conversion plan, the board shall notify the State Board of Education within sixty (60) days after the vote. The notification shall include a copy of the minutes for the board meeting at which the conversion plan was approved. 3. A conversion school shall comply with all the same accountability measures as are required of a charter school as defined in subsection C of this section. The provisions of Sections 3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply to a conversion school. Conversion schools shall comply with the same laws and State Board of Education rules relating to student enrollment which apply to traditional public schools. Conversion schools shall be funded by the board of education of the school district as a school site within the school district and funding shall not be affected by the conversion of the school. 4. The board of education of a school district may vote to revert a conversion school back to a traditional public school at any time; provided, the change shall only occur during a break between school years. 5. Unless otherwise provided for in this subsection, a conversion school shall retain the characteristics of a traditional public school. E. 1. Beginning July 1, 2024, the Statewide Charter School Board shall make publicly available a list of supplemental online courses which have been reviewed and certified by the Board to ensure that the courses are high-quality options and are aligned with the subject matter standards adopted by the State Board of Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma Statutes. The Statewide Charter School Board shall give special emphasis on listing supplemental online courses in science, technology, engineering, and math (STEM), foreign language, and advanced placement courses. School districts shall not be limited to selecting supplemental online courses that have been reviewed and certified by the Statewide Charter School Board and listed as provided for in this paragraph. 2. In conjunction with the Office of Management and Enterprise Services, the Board shall negotiate and enter into contracts with supplemental online course providers to offer a state rate price to school districts for supplemental online courses that have been reviewed and certified by the Statewide Charter School Board and listed as provided for in this subsection. Added by Laws 2023, c. 323, § 2, eff. Sept. 1, 2023. §70-3-132.3. Statewide Charter School Board Revolving Fund. There is hereby created in the State Treasury a revolving fund for the Statewide Charter School Board to be designated the “Statewide Charter School Board Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Statewide Charter School Board from state appropriations. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Statewide Charter School Board for the purposes set forth in Section 2 of this act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. Added by Laws 2023, c. 323, § 3, eff. Sept. 1, 2023. §70-3-133. Repealed by Laws 2007, c. 257, § 5. §70-3-134. Applications - Presubmission training - Contents - Procedures. A. For written applications filed after July 1, 2024, prior to submission of the application to a proposed sponsor seeking to establish a charter school or to the Statewide Charter School Board to establish a virtual charter school, the applicant shall be required to complete training which shall not exceed ten (10) hours provided by the Statewide Charter School Board on the process and requirements for establishing a charter school or virtual charter school. The sponsor of a charter school that enters into a new or renewed sponsorship contract on or after July 1, 2024, shall be required to complete training provided by the Statewide Charter School Board or an organization approved by the Statewide Charter School Board on the oversight duties of the sponsor. The Board shall develop and implement the training and publish a list of organizations approved to provide training by July 1, 2024. The Board and organizations approved by the Board may provide the training in any format and manner determined to be efficient and effective including, but not limited to, web-based training. B. Except as otherwise provided for in Section 3-137 of this title, an applicant seeking to establish a virtual charter school shall submit a written application to the Statewide Charter School Board, and an applicant seeking to establish a charter school shall submit a written application to the proposed sponsor as provided for in subsection E of this section. The application shall include: 1. A mission statement for the charter school or virtual charter school; 2. A description including, but not limited to, background information of the organizational structure and the governing board of the charter school or virtual charter school; 3. A financial plan for the first five (5) years of operation of the charter school or virtual charter school and a description of the treasurer or other officers or persons who shall have primary responsibility for the finances of the charter school or virtual charter school. Such person shall have demonstrated experience in school finance or the equivalent thereof; 4. A description of the hiring policy of the charter school or virtual charter school; 5. The name of the applicant or applicants and requested sponsor; 6. A description of the facility and location of the charter school; 7. A description of the grades being served; 8. An outline of criteria designed to measure the effectiveness of the charter school or virtual charter school; 9. Documentation that the applicants completed training as set forth in subsection A of this section; 10. A description of the minimum and maximum enrollment planned per year for each term of the charter contract; 11. The proposed calendar for the charter school or virtual charter school and sample daily schedule; 12. Unless otherwise authorized by law or regulation, a description of the academic program aligned with state standards; 13. A description of the instructional design of the charter school or virtual charter school including the type of learning environment, class size and structure, curriculum overview, and teaching methods; 14. The plan for using internal and external assessments to measure and report student progress on the performance framework developed by the applicant in accordance with Section 3-136 of this title; 15. The plans for identifying and successfully serving students with disabilities, students who are English language learners, and students who are academically behind; 16. A description of cocurricular or extracurricular programs and how they will be funded and delivered; 17. Plans and time lines for student recruitment and enrollment including lottery procedures; 18. The student discipline policies for the charter school or virtual charter school including those for special education students; 19. An organizational chart that clearly presents the organizational structure of the charter school or virtual charter school, including lines of authority and reporting between the governing board, staff, any related bodies such as advisory bodies or parent and teacher councils, and any external organizations that will play a role in managing the school; 20. A clear description of the roles and responsibilities for the governing board, the leadership and management team for the charter school or virtual charter school, and any other entities shown in the organizational chart; 21. The leadership and teacher employment policies for the charter school or virtual charter school; 22. Proposed governing bylaws; 23. Explanations of any partnerships or contractual partnerships central to the operations or mission of the charter school or virtual charter school; 24. The plans for providing transportation, food service, and all other significant operational or ancillary services; 25. Opportunities and expectations for parental involvement; 26. A detailed school start-up plan that identifies tasks, time lines, and responsible individuals; 27. A description of the financial plan and policies for the charter school or virtual charter school including financial controls and audit requirements; 28. A description of the insurance coverage the charter school or virtual charter school will obtain; 29. Start-up and five-year budgets with clearly stated assumptions; 30. Start-up and first-year cash-flow projections with clearly stated assumptions; 31. Evidence of anticipated fundraising contributions, if claimed in the application; 32. A sound facilities plan including backup or contingency plans if appropriate; 33. A requirement that the charter school or virtual charter school governing board meet no fewer than ten (10) months of the year in the state and that for those charter schools outside of counties with a population of five hundred thousand (500,000) or more, that a minimum of two (2) members are residents within the geographic boundary of the charter school; 34. A requirement that the charter school or virtual charter school follow the requirements of the Oklahoma Open Meeting Act and Oklahoma Open Records Act; and 35. A copy of any proposed contract between the governing board of a charter school or virtual charter school and an educational management organization, as defined by Section 5-200 of this title, which meets the requirements of the Oklahoma Charter Schools Act. C. A board of education of a public school district, public body, public or private college or university, private person, or private organization may contract with a sponsor to establish a charter school or virtual charter school. A private school shall not be eligible to contract for a charter school or virtual charter school under the provisions of the Oklahoma Charter Schools Act. D. The sponsor of a charter school is the board of education of a school district, a higher education institution, a private institution of higher learning accredited pursuant to Section 4103 of this title, a federally recognized Indian tribe which meets the criteria established in Section 3-132 of this title, or beginning July 1, 2024, the Statewide Charter School Board. Any sponsor authorized pursuant to subsection A of Section 3-132 of this title may sponsor one or more charter schools. The physical location of a charter school sponsored by a board of education of a school district shall be within the boundaries of the sponsoring school district. The physical location of a charter school sponsored by the Statewide Charter School Board pursuant to paragraph 6 of subsection A of Section 3-132 of this title shall be in the school district in which the application originated. E. 1. Beginning July 1, 2024, any application seeking to establish a charter school in this state shall be submitted first to the school district in which the proposed charter school is to be located. The school district board of education shall approve or deny the application within sixty (60) days of receipt of the application. If the charter school application is denied, nothing shall prohibit an applicant from submitting a revised application to the school district board of education, which shall approve or deny the revised application within sixty (60) days of receipt of the application. 2. An applicant for a charter school that has been denied pursuant to paragraph 1 of this subsection may submit an application to a proposed sponsor listed in paragraphs 2 through 6 of subsection A of Section 3-132 of this title, which shall either accept or reject sponsorship of the charter school within ninety (90) days of receipt of the application. If the proposed sponsor rejects the application, it shall notify the applicant in writing of the reasons for the rejection. The applicant may submit a revised application for reconsideration to the proposed sponsor within thirty (30) days after receiving notification of the rejection. The proposed sponsor shall accept or reject the revised application within thirty (30) days of its receipt. 3. Beginning July 1, 2024, an applicant for a virtual charter school shall submit an application to the Statewide Charter School Board, which shall either accept or reject sponsorship of the virtual charter school within ninety (90) days of receipt of the application. If the application is rejected, the Statewide Charter School Board shall notify the applicant in writing of the reasons for the rejection. The applicant may submit a revised application for reconsideration to the Statewide Charter school Board within thirty (30) days after receiving notification of the rejection. The Statewide Charter School Board shall accept or reject the revised application within thirty (30) days of its receipt. F. A board of education of a school district, a higher education institution, a private institution of higher learning accredited pursuant to Section 4103 of this title, or a federally recognized Indian tribe shall notify the State Board of Education and the Statewide Charter School Board when it accepts sponsorship of a charter school. The notification shall include a copy of the charter of the charter school. G. Applicants for charter schools and virtual charter schools proposed to be sponsored by the Statewide Charter School Board may, upon rejection of a revised application, proceed to binding arbitration under the commercial rules of the American Arbitration Association with costs of the arbitration to be borne by the applicant. H. If a board of education of a school district, a higher education institution, a private institution of higher learning accredited pursuant to Section 4103 of this title, or a federally recognized Indian tribe accepts sponsorship of a charter school, the administrative, fiscal, and oversight responsibilities of the school district, the higher education institution, the private institution of higher learning accredited pursuant to Section 4103 of this title, or the federally recognized Indian tribe shall be listed in the contract. No administrative, fiscal, or oversight responsibilities of a charter school shall be delegated to a school district unless the school district agrees to enter into a contract to assume the responsibilities. I. A sponsor of a public charter school shall have the following powers and duties over charter schools it sponsors, and the Statewide Charter School Board shall have the following powers and duties over the charter schools and virtual charter schools it sponsors: 1. Provide services and oversight of the operations of charter schools or virtual charter schools in the state through annual performance reviews and reauthorization; 2. Solicit and evaluate charter applications; 3. Approve quality charter applications that meet identified educational needs and promote a diversity of educational choices; 4. Decline to approve weak or inadequate charter applications; 5. Negotiate and execute sound charter contracts with each approved public charter school or virtual charter school; 6. Approve or deny proposed contracts between the governing board of a charter school or virtual charter school and an educational management organization, as defined by section 5-200 of this title; 7. Monitor, in accordance with charter contract terms, the performance and legal compliance of charter schools and virtual charter schools; and 8. Determine whether each charter contract merits renewal, nonrenewal, or revocation. J. Sponsors shall establish a procedure for accepting, approving, and disapproving charter school applications in accordance with subsection E of this section. The Statewide Charter School Board shall post its application, application process, and application time frames on the Board’s website. K. Sponsors including the Statewide Charter School Board shall develop and maintain chartering policies and practices consistent with recognized principles and standards for quality charter sponsoring in all major areas of sponsoring responsibility including organizational capacity and infrastructure, soliciting and evaluating charter school and virtual charter school applications, performance contracting, ongoing charter school and virtual charter school oversight and evaluation, and charter contract renewal decision-making. L. Sponsors acting in their official capacity shall be immune from civil and criminal liability with respect to all activities related to a charter school with which they contract. Added by Laws 1999, c. 320, § 9, eff. July 1, 1999. Amended by Laws 2001, c. 33, § 69, eff. July 1, 2001; Laws 2007, c. 257, § 2; Laws 2010, c. 288, § 2, eff. Nov. 1, 2010; Laws 2011, c. 1, § 36, emerg. eff. March 18, 2011; Laws 2011, c. 367, § 2; Laws 2015, c. 170, § 2; Laws 2022, c. 222, § 2, emerg. eff. May 5, 2022; Laws 2023, c. 323, § 6, eff. July 1, 2024. NOTE: Laws 2010, c. 290, § 2 repealed by Laws 2011, c. 1, § 37, emerg. eff. March 18, 2011. §70-3-135. Repealed by Laws 2023, c. 323, § 22, eff. July 1, 2024. §70-3-136. Written charter contract requirements - Employment contracts. A. Beginning July 1, 2024, a written contract entered into between the Statewide Charter School Board and the governing board of a charter school or statewide virtual charter school or a written contract entered into between a sponsor and the governing board of a charter school shall ensure compliance with the following: 1. Except as provided for in the Oklahoma Charter Schools Act, a charter school and virtual charter school shall be exempt from all statutes and rules relating to schools, boards of education, and school districts; provided, however, a charter school or virtual charter school shall comply with all federal regulations and state and local rules and statutes relating to health, safety, civil rights, and insurance. By January 1, 2000, the State Department of Education shall prepare a list of relevant rules and statutes which a charter school and virtual charter school must comply with as required by this paragraph and shall annually provide an update to the list; 2. A charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations. A sponsor may not authorize a charter school or program that is affiliated with a nonpublic sectarian school or religious institution; 3. The charter contract shall provide a description of the educational program to be offered. A charter school or virtual charter school may provide a comprehensive program of instruction for a prekindergarten program, a kindergarten program, or any grade between grades one and twelve. Instruction may be provided to all persons between four (4) and twenty-one (21) years of age. A charter school or virtual charter school may offer a curriculum which emphasizes a specific learning philosophy or style or certain subject areas such as mathematics, science, fine arts, performance arts, or foreign language. The charter of a charter school or virtual charter school which offers grades nine through twelve shall specifically address whether the charter school or virtual charter school will comply with the graduation requirements established in Section 11-103.6 of this title. No charter school shall be chartered for the purpose of offering a curriculum for deaf or blind students that is the same or similar to the curriculum being provided by or for educating deaf or blind students that are being served by the Oklahoma School for the Blind or the Oklahoma School for the Deaf; 4. A charter school or virtual charter school shall participate in the testing as required by the Oklahoma School Testing Program Act and the reporting of test results as is required of a school district. A charter school or virtual charter school shall also provide any necessary data to the Office of Accountability within the State Department of Education; 5. A charter school or virtual charter school shall be subject to the same reporting requirements, financial audits, audit procedures, and audit requirements as a school district. The State Department of Education or State Auditor and Inspector may conduct financial, program, or compliance audits. The Statewide Charter School Board may request that the State Auditor and Inspector conduct a financial, program, or compliance audit for any charter school or virtual charter school it oversees. A charter school or virtual charter school shall use the Oklahoma Cost Accounting System to report financial transactions to the State Department of Education. The charter school or virtual charter school shall be subject to the limitations on spending, including provisions of the Oklahoma Constitution, for any funds received from the state, either through the State Department of Education or other sources; 6. A charter school or virtual charter school shall comply with all federal and state laws relating to the education of children with disabilities in the same manner as a school district; 7. A charter school or virtual charter school shall provide for a governing board for the school which shall be responsible for the policies and operational decisions of the charter school or virtual charter school. All of the charter school or virtual charter school governing board members shall be residents of this state and shall meet no fewer than ten (10) months of the year in a public meeting within the boundaries of the school district in which the charter school is located or within this state if the governing board oversees multiple charter schools in this state or oversees a virtual charter school. The governing board of a charter school or virtual charter school shall be subject to the same conflict of interest requirements as a member of a school district board of education including but not limited to Sections 5-113 and 5-124 of this title. Members appointed to the governing board of a charter school or virtual charter school shall be subject to the same instruction and continuing education requirements as a member of a school district board of education and pursuant to Section 5-110 of this title shall complete twelve (12) hours of instruction within fifteen (15) months of appointment to the governing board and pursuant to Section 5-110.1 of this title shall attend continuing education; 8. A charter school or virtual charter school shall not be used as a method of generating revenue for students who are being home schooled and are not being educated at an organized charter school site or by a virtual charter school; 9. A charter school or virtual charter school shall be as equally free and open to all students as traditional public schools and shall not charge tuition or fees; 10. A charter school or virtual charter school shall provide instruction each year for at least the number of days or hours required in Section 1-109 of this title; 11. A charter school or virtual charter school shall comply with the student suspension requirements provided for in Section 24- 101.3 of this title; 12. A charter school or virtual charter school shall be considered a school district for purposes of tort liability under The Governmental Tort Claims Act; 13. Employees of a charter school or virtual charter school may participate as members of the Teachers’ Retirement System of Oklahoma in accordance with applicable statutes and rules if otherwise allowed pursuant to law; 14. A charter school or virtual charter school may participate in all health and related insurance programs available to employees of a public school district; 15. A charter school or virtual charter school and their respective governing boards shall comply with the Oklahoma Open Meeting Act and the Oklahoma Open Records Act; 16. The governing board of a charter school or virtual charter school shall notify the sponsor within ten (10) business days in the instance of any significant adverse actions, material findings of noncompliance, or pending actions, claims, or proceedings in this state relating to the charter school, the virtual charter school, or an educational management organization with which the charter school or virtual charter school has a contract; 17. No later than September 1 each year, the governing board of each charter school or virtual charter school formed pursuant to the Oklahoma Charter Schools Act shall prepare a statement of actual income and expenditures for the charter school or virtual charter school for the fiscal year that ended on the preceding June 30, in a manner compliant with Section 5-135 of this title. The statement of expenditures shall include functional categories as defined in rules adopted by the State Board of Education to implement the Oklahoma Cost Accounting System pursuant to Section 5-145 of this title. Charter schools and virtual charter schools shall not be permitted to submit estimates of expenditures or prorated amounts to fulfill the requirements of this paragraph; and 18. A charter school or virtual charter school contract shall include performance provisions based on a performance framework that clearly sets forth the academic and operational performance indicators that shall be used by charter school and virtual charter school sponsors to evaluate their respective schools. The sponsor may develop a separate performance framework to evaluate a charter school or virtual charter school that has been designated by the State Department of Education as implementing an alternative education program throughout the school. The sponsor shall require a charter school or virtual charter school to submit the data required in this subsection in the identical format that is required by the State Department of Education of all public schools in order to avoid duplicative administrative efforts or allow a charter school or virtual charter school to provide permission to the Department to share all required data with the Board. The performance framework shall serve as the minimum requirement for charter school and virtual charter school performance evaluation and shall include, but not be limited to, the following indicators: a. student academic proficiency, b. student academic growth, c. achievement gaps in both proficiency and growth between major student subgroups, d. student attendance, e. recurrent enrollment from year to year as determined by the methodology used for public schools in Oklahoma, f. in the case of high schools, graduation rates as determined by the methodology used for public schools in Oklahoma, g. in the case of high schools, postsecondary readiness, h. financial performance and sustainability and compliance with state and Internal Revenue Service financial reporting requirements, i. audit findings or deficiencies, j. accreditation and timely reporting, k. governing board performance and stewardship including compliance with all applicable laws, regulations, and terms of the charter contract, and l. mobility of student population for the virtual charter school framework. The sponsor including the Statewide Charter School Board shall annually evaluate its charter schools or virtual charter schools according to the performance framework. The results of the evaluation shall be presented to the governing board of the charter school or virtual charter school and the governing board of the charter school sponsor in an open meeting. B. An applicant or the governing board of an applicant may hold one or more charter contracts. Each charter school or virtual charter school that is part of a charter contract shall be separate and distinct from any other charter school or virtual charter school. For the purposes of this subsection, “separate and distinct” shall mean that a charter school or virtual charter school governing board with oversight of more than one charter school or virtual charter school shall not combine accounting, budgeting, recordkeeping, admissions, employment, or policies and operational decisions of the charter schools or virtual charter schools it oversees. C. The charter contract of a charter school or virtual charter school shall include a description of the personnel policies, personnel qualifications, and method of school governance. A charter school or virtual charter school shall not enter into an employment contract with any teacher or other personnel until a contract has been executed with its sponsor. The employment contract shall set forth the personnel policies of the charter school or virtual charter school including, but not limited to, policies related to certification, professional development, evaluation, suspension, dismissal and nonreemployment, sick leave, personal business leave, emergency leave, and family and medical leave. The contract shall also specifically set forth the salary, hours, fringe benefits, and work conditions. The contract may provide for employer-employee bargaining, but the charter school or virtual charter school shall not be required to comply with the provisions of Sections 509.1 through 509.10 of this title. Upon contracting with any teacher or other personnel, the governing board of a charter school or virtual charter school shall, in writing, disclose employment rights of the employees in the event the charter school or virtual charter school closes or the charter contract is not renewed. No charter school or virtual charter school may begin serving students without a contract executed in accordance with the provisions of the Oklahoma Charter Schools Act and approved in an open meeting of the governing board of the sponsor or the Statewide Charter School Board. The governing board of the sponsor or the Statewide Charter School Board may establish reasonable preopening requirements or conditions to monitor the start-up progress of newly approved charter schools or virtual charter schools and ensure that each brick-and-mortar school is prepared to open smoothly on the date agreed and to ensure that each school meets all building, health, safety, insurance, and other legal requirements for the opening of a school. D. The charter of a charter school or virtual charter school may be amended at the request of the governing board of the charter school or virtual charter school and upon the approval of the sponsor. E. A charter school or virtual charter school may enter into contracts and sue and be sued. F. The governing board of a charter school or virtual charter school shall not levy taxes or issue bonds. A school district that proposes a bond shall include any charter school established pursuant to subsection A of Section 3-132 of this title and located within the school district in planning conversations regarding the bond. G. The charter of a charter school or virtual charter school shall include a provision specifying the method or methods to be employed for disposing of real and personal property acquired by the charter school or virtual charter school upon expiration or termination of the charter or failure of the charter school or virtual charter school to continue operations. Except as otherwise provided, any real or personal property purchased with state or local funds shall be retained by the sponsor. If a charter school that was previously sponsored by the board of education of a school district continues operation within the school district under a new charter sponsored by an entity authorized pursuant to Section 3-132 of this title, the charter school may retain any personal property purchased with state or local funds for use in the operation of the charter school until termination of the new charter or failure of the charter school to continue operations. Added by Laws 1999, c. 320, § 11, eff. July 1, 1999. Amended by Laws 2000, c. 232, § 7, eff. July 1, 2000; Laws 2008, c. 439, § 1, eff. July 1, 2008; Laws 2014, c. 277, § 1, eff. July 1, 2014; Laws 2023, c. 323, § 7, eff. July 1, 2024. §70-3-137. Duration of contract - Performance report - Renewal - Termination - School closure. A. An initial contract between a charter school or virtual charter school and its sponsor approved on or after July 1, 2024, shall be effective for five (5) years from the first day of operation. After completing an initial five-year term, a charter contract may be renewed for up to ten-year terms of duration, although the sponsor may vary the term based on the performance, demonstrated capacities, and particular circumstances of each charter school or virtual charter school. A sponsor may grant renewal with specific conditions for necessary improvements to a charter school or virtual charter school. B. Prior to the beginning of the final year of the contract term of a charter school or virtual charter school, the sponsor shall issue a performance report and charter renewal application guidance to the charter school and its governing board or the virtual charter school and its governing board. The performance report shall summarize the performance record to date of the charter school or virtual charter school based on the data required by the Oklahoma Charter Schools Act, the annual performance framework evaluation, a review of the contract with an educational management organization if the charter school or virtual charter school contracts with an educational management organization, and the charter contract. The performance review shall take into consideration the percentage of at-risk students enrolled in the charter school or virtual charter school. The performance report shall provide notice of any weaknesses, concerns, violations, or deficiencies perceived by the sponsor concerning the charter school or virtual charter school that may jeopardize its position in seeking renewal if not timely rectified. If there are weaknesses, concerns, violations, or deficiencies the sponsor may require a charter school or virtual charter school to develop a corrective action plan and corresponding timeline to remedy any weaknesses, concerns, violations, or deficiencies. If the sponsor requires a corrective action plan, the charter school or virtual charter school shall have forty-five (45) days to respond to the performance report and submit any corrections or clarifications for the report. If the charter school or virtual charter school does not substantially complete the corrective action plan, the sponsor may choose to revoke or not renew the charter contract pursuant to the requirements of this section. C. 1. Prior to the beginning of the final year of a charter contract term, the charter school or virtual charter school may apply for renewal of the contract with the sponsor including the Statewide Charter School Board. The renewal application guidance shall, at a minimum, provide an opportunity for the charter school or virtual charter school to: a. present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal, b. describe improvements undertaken or planned for the school, and c. detail the plan for the next charter term for the school. 2. The renewal application guidance shall include or refer explicitly to the criteria that will guide the renewal decisions of the sponsor, which shall be based on the performance framework set forth in the charter contract and consistent with the Oklahoma Charter Schools Act. D. The sponsor may deny the request for renewal if it determines the charter school or virtual charter school has failed to complete the obligations of the contract or comply with the provisions of the Oklahoma Charter Schools Act. A sponsor shall give written notice of its intent to deny the request for renewal at least eight (8) months prior to expiration of the contract. In making charter renewal decisions, a sponsor shall: 1. Ground decisions on evidence of the performance of the charter school or virtual charter school over the term of the charter contract in accordance with the performance framework set forth in the charter contract and shall take into consideration the percentage of at-risk students enrolled in the school; 2. Grant renewal to charter schools or virtual charter schools that have achieved the standards, targets, and performance expectations as stated in the charter contract and are organizationally and fiscally viable and have been faithful to the terms of the contract and applicable law; 3. Ensure that data used in making renewal decisions are available to the school and the public; and 4. Provide a public report summarizing the evidence used as the basis for each decision. E. If the Statewide Charter School Board denies a request for renewal, the Board may, if requested by the charter school or virtual charter school, proceed to binding arbitration as provided for in subsection G of Section 3-134 of this title. F. A sponsor may terminate a contract during the term of the contract for failure to meet the requirements for student performance contained in the contract and performance framework, failure to meet the standards of fiscal management, violations of the law, or other good cause. The sponsor shall give at least ninety (90) days’ written notice to the governing board of the charter school or virtual charter school prior to terminating the contract. The governing board may request, in writing, an informal hearing before the sponsor within fourteen (14) days of receiving notice. The sponsor shall conduct an informal hearing before taking action. G. Beginning July 1, 2024, and subject to the provisions of this section, a charter school sponsor authorized by subsection A of Section 3-132 of this title with a charter contract that includes more than one charter school site may terminate or not renew a charter school contract for a specific charter school site. H. 1. Beginning in the 2016-2017 school year, the State Board of Education shall identify charter schools and virtual charter schools in the state that are ranked in the bottom five percent (5%) of all public schools as determined pursuant to Section 1210.545 of this title. 2. At the time of its charter renewal, based on an average of the current year and the two (2) prior operating years, a sponsor may close a charter school site or virtual charter school identified as being among the bottom five percent (5%) of public schools in the state. The average of the current year and two (2) prior operating years shall be calculated by using the percentage ranking for each year divided by three, as determined by this subsection. 3. If there is a change to the calculation described in Section 1210.545 of this title that results in a charter school site or virtual charter school that was not ranked in the bottom five percent (5%) being ranked in the bottom five percent (5%), then the sponsor shall use the higher of the two rankings to calculate the ranking of the charter school site or virtual charter school. 4. a A charter school or virtual charter school that is closed by its sponsor pursuant to this subsection shall not be granted a subsequent charter contract. 5. The requirements of this subsection shall not apply to a charter school or virtual charter school that has been designated by the State Department of Education as implementing an alternative education program. 6. In making a charter school site or virtual charter school closure decision, the sponsor shall consider the following: a. enrollment of students with special challenges such as drug or alcohol addiction, prior withdrawal from school, prior incarceration, or other special circumstances, b. high mobility of the student population resulting from the specific purpose of the charter school or virtual charter school, c. annual improvement in the performance of students enrolled in the charter school or virtual charter school compared with the performance of students enrolled in the charter school or virtual charter school in the immediately preceding school year, and d. whether a majority of students attending the charter school or virtual charter school under consideration for closure would likely revert to attending public schools with lower academic achievement, as demonstrated pursuant to Section 1210.545 of this title. 7. If at least twenty-five percent (25%) of the charter schools chartered by one sponsor are closed within a five-year period pursuant to this subsection, the authority of the sponsor to sponsor new charter schools may be suspended by the Statewide Charter School Board until the Board approves the sponsor to sponsor new charter schools. A determination made pursuant to this paragraph shall identify the deficiencies that, if corrected, will result in the approval of the sponsor to sponsor new charter schools. I. If a sponsor terminates a contract or the charter school or virtual charter school is closed, the closure shall be conducted in accordance with the following protocol: 1. Within two (2) calendar weeks of a final closure determination, the sponsor shall meet with the governing board and leadership of the charter school or virtual charter school to establish a transition team composed of school staff, applicant staff, and others designated by the applicant that will attend to the closure including the transfer of students, student records, and school funds; 2. The sponsor and transition team shall communicate regularly and effectively with families of students enrolled in the charter school or virtual charter school, as well as with school staff and other stakeholders, to keep them apprised of key information regarding the closure of the school and their options and risks; 3. The sponsor and transition team shall ensure that current instruction of students enrolled in the charter school or virtual charter school continues per the charter contract for the remainder of the school year; 4. The sponsor and transition team shall ensure that all necessary and prudent notifications are issued to agencies, employees, insurers, contractors, creditors, debtors, and management organizations; and 5. The governing board of the charter school or virtual charter school shall continue to meet as necessary to take actions needed to wind down school operations, manage school finances, allocate resources, and facilitate all aspects of closure. J. A sponsor including the Statewide Charter School Board shall develop revocation and nonrenewal processes that are consistent with the Oklahoma Charter Schools Act and that: 1. Provide the charter school or virtual charter school with a timely notification of the prospect of revocation or nonrenewal and of the reasons for possible closure; 2. Allow the charter school or virtual charter school a reasonable amount of time in which to prepare a response; 3. Provide the charter school or virtual charter school with an opportunity to submit documents and give testimony in a public hearing challenging the rationale for closure and in support of the continuation of the school at an orderly proceeding held for that purpose and prior to taking any final nonrenewal or revocation decision related to the school; 4. Allow the charter school or virtual charter school access to representation by counsel to call witnesses on its behalf; 5. Permit the recording of the proceedings; and 6. After a reasonable period for deliberation, require a final determination be made and conveyed in writing to the charter school or virtual charter school. K. If a sponsor revokes or does not renew a charter contract, the sponsor shall clearly state in a resolution the reasons for the revocation or nonrenewal. If a charter is revoked or nonrenewed, the charter school or virtual charter school shall disclose the revocation or nonrenewal in any subsequent application. L. If a charter contract is not renewed, the governing board of the charter school may submit an application to a proposed new sponsor as provided for in Section 3-134 of this title. M. If a charter contract is not renewed or is terminated according to this section, a student who attended the charter school or virtual charter school may enroll in the resident school district of the student or may apply for a transfer in accordance with the Education Open Transfer Act. Added by Laws 1999, c. 320, § 12, eff. July 1, 1999. Amended by Laws 2003, c. 434, § 6; Laws 2004, c. 472, § 1, emerg. eff. June 7, 2004; Laws 2007, c. 257, § 3; Laws 2015, c. 170, § 4; Laws 2016, c. 42, § 1, eff. July 1, 2016; Laws 2023, c. 323, § 8, eff. July 1, 2024. §70-3-138. Reprisal against school employee seeking to establish charter school. A board of education of a school district or an employee of the district who has control over personnel actions shall not take unlawful reprisal action against an employee of the school district for the reason that the employee is directly or indirectly involved in an application to establish a charter school. As used in this section, “unlawful reprisal” means an action that is taken by a board of education or a school district employee as a direct result of a lawful application to establish a charter school and that is adverse to an employee or an education program. Added by Laws 1999, c. 320, § 13, eff. July 1, 1999. §70-3-139. Status of teacher returning to public school from charter school. A. A sponsoring school district shall determine whether a teacher who is employed by or teaching at a charter school or virtual charter school and who was previously employed as a teacher at the sponsoring public school district shall not lose any right of salary status or any other benefit provided by law due to teaching at a charter school or virtual charter school upon returning to the sponsoring public school district to teach. B. A teacher who is employed by or teaching at a charter school or virtual charter school and who submits an employment application to the school district where the teacher was employed immediately before employment by or at a charter school or virtual charter school shall be given employment preference by the school district if: 1. The teacher submits an employment application to the school district no later than three (3) years after ceasing employment with the school district; and 2. A suitable position is available at the school district. Added by Laws 1999, c. 320, § 14, eff. July 1, 1999. Amended by Laws 2023, c. 323, § 9, eff. July 1, 2024. §70-3-140. Student eligibility - Districts - Preferences - Transfers - Discrimination. A. A charter school with a brick-and-mortar school site or sites shall enroll those students whose legal residence is within the boundaries of the school district in which the charter school is located and who submit a timely application, or those students who transfer to the charter school in accordance with the Education Open Transfer Act, unless the number of applications exceeds the capacity of a program, class, grade level, or building. Students who reside in a school district where a charter school is located shall not be required to obtain a transfer in order to attend a charter school in the school district of residence. If capacity is insufficient to enroll all eligible students, the charter school shall select students through a lottery selection process. A charter school shall give enrollment preference to eligible students who reside within the boundaries of the school district in which the charter school is located and who attend a school site that has been identified as in need of improvement by the State Board of Education pursuant to the Elementary and Secondary Education Act of 1965, as amended or reauthorized. A charter school may limit admission to students within a given age group or grade level. A charter school sponsored by the Statewide Charter School Board when the applicant of the charter school is the Office of Juvenile Affairs shall limit admission to youth that are in the custody or supervision of the Office of Juvenile Affairs. B. A brick-and-mortar charter school shall admit students who reside in the attendance area of a school or in a school district that is under a court order of desegregation or that is a party to an agreement with the United States Department of Education Office for Civil Rights directed towards mediating alleged or proven racial discrimination unless notice is received from the resident school district that admission of the student would violate the court order or agreement. C. A brick-and-mortar charter school may designate a specific geographic area within the school district in which the charter school is located as an academic enterprise zone and may limit admissions to students who reside within that area. An academic enterprise zone shall be a geographic area in which sixty percent (60%) or more of the children who reside in the area qualify for the free or reduced school lunch program. D. Except as provided in subsections B and C of this section, a charter school or virtual charter school shall not limit admission based on ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language, measures of achievement, aptitude, or athletic ability. E. A sponsor of a charter school shall not restrict the number of students a charter school may enroll, and the Statewide Charter School Board shall not restrict the number of students a virtual charter school or charter school may enroll. The capacity of a charter school or virtual charter school shall be determined quarterly by the governing board of the charter school or virtual charter school pursuant to the provisions of the Education Open Transfer Act. F. Beginning July 1, 2024, each statewide virtual charter school which has been approved and sponsored by the Statewide Charter School Board or any virtual charter school for which the Board has assumed sponsorship as provided for in Section 1 of this act shall be considered a statewide virtual charter school and the geographic boundaries of each statewide virtual charter school shall be the borders of the state. H. Beginning July 1, 2024, students enrolled full-time in a statewide virtual charter school sponsored by the Statewide Charter School Board shall not be authorized to participate in any activities administered by the Oklahoma Secondary School Activities Association. However, the students may participate in intramural activities sponsored by a statewide virtual charter school, an online provider for the charter school, or any other outside organization. I. 1. Beginning July 1, 2024, a public school student who wishes to enroll in a virtual charter school shall be considered a transfer student from his or her resident school district. A virtual charter school shall pre-enroll any public school student whose parent or legal guardian expresses intent to enroll in the virtual charter school. Upon pre-enrollment, the State Department of Education shall initiate a transfer on a form to be completed by the receiving virtual charter school. Upon approval of the receiving virtual charter school, the student may begin instructional activities. Upon notice that a public school student has transferred to a virtual charter school, the resident school district shall transmit the student’s records within three (3) school days. 2. The State Department of Education shall notify the Legislature and Governor if it determines that the information technology infrastructure necessary to process the transfer of students to a virtual charter school is inadequate and additional time is needed for implementation. 3. A public school student may transfer to one statewide virtual charter school at any time during a school year. For purposes of this subsection, “school year” shall mean July 1 through the following June 30. After one statewide virtual charter school transfer during a school year, no public school student shall be permitted to transfer to any other statewide virtual charter school without the concurrence of both the resident school district and the receiving virtual charter school. A student shall have a grace period of fifteen (15) school days from the first day of enrollment in a statewide virtual charter school to withdraw without academic penalty and shall continue to have the option of one virtual charter school transfer without the concurrence of both the resident school district and the receiving virtual charter school during that same school year. A statewide virtual charter school student that has utilized the allowable one transfer pursuant to this subsection shall not be permitted to transfer to another school district or another statewide virtual charter school without first notifying his or her resident district and initiating a new transfer. Upon cancellation of a transfer, the virtual charter school shall transmit the student’s records to the student’s new school district within three (3) school days. Students enrolled in a statewide virtual charter school shall not be required to submit a virtual charter transfer for consecutive years of enrollment. Any student enrolled in a statewide virtual charter school the year prior to the implementation of this section shall not be required to submit a transfer in order to remain enrolled. J. 1. Beginning July 1, 2024, a student shall be eligible to enroll in a statewide virtual charter school sponsored by the Statewide Charter School Board pursuant to Section 1 of this act if he or she is a student whose parent or legal guardian is transferred or is pending transfer to a military installation within this state while on active military duty pursuant to an official military order. 2. A statewide virtual charter school shall accept applications by electronic means for enrollment and course registration for students described in paragraph 1 of this subsection. 3. The parent or legal guardian of a student described in paragraph 1 of this subsection shall provide proof of residence in this state within ten (10) days after the published arrival date provided on official documentation. A parent or legal guardian may use the following addresses as proof of residence: a. a temporary on-base billeting facility, b. a purchased or leased home or apartment, or c. federal government or public-private venture off-base military housing. 4. The provisions of paragraph 3 of subsection I shall apply to students described in paragraph 1 of this subsection. 5. For purposes of this subsection: a. “active military duty” means full-time military duty status in the active uniformed service of the United States including members of the National Guard and Military Reserve on active duty orders, and b. “military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other installation under the jurisdiction of the Department of Defense or the United States Coast Guard. Added by Laws 1999, c. 320, § 15, eff. July 1, 1999. Amended by Laws 2010, c. 288, § 3, eff. Nov. 1, 2010; Laws 2011, c. 185, § 1; Laws 2011, c. 367, § 3; Laws 2012, c. 367, § 2, eff. July 1, 2012; Laws 2013, c. 83, § 4, eff. July 1, 2013; Laws 2013, c. 212, § 2, eff. Sept. 1, 2013; Laws 2015, c. 170, § 5; Laws 2023, c. 323, § 10, eff. July 1, 2024. NOTE: Laws 2010, c. 290, § 3 repealed by Laws 2011, c. 1, § 38, emerg. eff. March 18, 2011. §70-3-141. Transportation. A. Transportation shall be provided by the charter school in accordance with Sections 9-101 through 9-118 of this title. B. A charter school shall provide the parent or guardian information regarding transportation at the time the student enrolls in the charter school. Added by Laws 1999, c. 320, § 16, eff. July 1, 1999. Amended by Laws 2023, c. 177, § 1, eff. July 1, 2023. §70-3-142. Funding - Transfer of revolving funds. A. The student membership and attendance of a charter school shall be considered separate from the student membership and attendance of the sponsor for the purpose of calculating enrollment and funding including weighted average daily membership pursuant to Section 18-201.1 of this title and State Aid pursuant to Section 18- 200.1 of this title. A charter school shall receive the State Aid allocation, federal funds to which it is eligible and qualifies for, and any other state-appropriated revenue generated by its students for the applicable year. Not more than three percent (3%) of the State Aid allocation may be charged by the sponsor as a fee for administrative services rendered if the sponsor is a school district, a comprehensive or regional institution of higher education, a two-year college, a private institution of higher learning accredited pursuant to Section 4103 of this title, or a federally recognized Indian tribe pursuant to Section 3-132 of this title. The Statewide Charter School Board shall not charge any charter school or virtual charter school a fee for administrative or other services. The State Department of Education shall determine the policy and procedure for making payments to a charter school or virtual charter school. The fee for administrative services as authorized in this subsection shall only be assessed on the State Aid allocation amount and shall not be assessed on any other appropriated amounts. A sponsor of a charter school shall not charge any additional State Aid allocation or charge the charter school any additional fee above the amounts allowed by this subsection unless the additional fees are for additional services rendered. The charter school sponsor shall provide to the State Department of Education financial records documenting any state funds charged by the sponsor for administrative services rendered for the previous year. B. The fee for administrative services authorized by subsection A of this section shall be used by the sponsor to provide oversight and services to the charter schools it sponsors. The State Department of Education shall develop data codes for the Oklahoma Cost Accounting System which shall be used to comply with the administrative services reporting required by this section. A charter school sponsor shall publish a detailed report on its website and present the report in a public meeting of the charter school governing board and the charter school sponsor governing board. The report shall provide sponsor performance and stewardship including compliance with all applicable laws, regulations, and terms of the charter contract and listing expenses related to oversight and services provided by the sponsor to the charter schools it sponsors. C. For the purpose of calculating weighted average daily membership pursuant to Section 18-201.1 of this title and State Aid pursuant to Section 18-200.1 of this title, the weighted average daily membership for the first year of operation of a new charter school site or grade level or full-time statewide virtual charter school shall be determined initially by multiplying the actual enrollment of students as of August 1 by 1.333. The charter school or virtual charter school shall receive revenue equal to that which would be generated by the estimated weighted average daily membership calculated pursuant to this subsection. At midyear, the allocation for the charter school or virtual charter school shall be adjusted using the first quarter weighted average daily membership for the charter school or virtual charter school calculated pursuant to subsection A of this section. For each subsequent school year, weighted average daily membership shall be calculated as provided for in Section 18-201.1 of this title, and State Aid shall be calculated as provided for in Section 18-200.1 of this title. D. Except as explicitly authorized by state law, a charter school or virtual charter school shall not be eligible to receive state-dedicated, local, or county revenue; provided, a charter school or virtual charter school may be eligible to receive any other aid, grants, or revenues allowed to other schools. A charter school or virtual charter school shall be considered a local education agency for purposes of funding. E. Any unexpended funds received by a charter school or virtual charter school may be reserved and used for future purposes. The governing board of a charter school or virtual charter school shall not levy taxes or issue bonds. If otherwise allowed by law, the governing board of a charter school or virtual charter school may enter into private contracts for the purposes of borrowing money from lenders. If the governing board of the charter school or virtual charter school borrows money, the charter school or virtual charter school shall be solely responsible for repaying the debt, and the state or the sponsor shall not in any way be responsible or obligated to repay the debt. F. Any charter school or virtual charter school which chooses to lease property shall be eligible to receive current government lease rates. G. Except as otherwise provided in this subsection, each charter school shall pay to the Charter Schools Incentive and Closure Reimbursement Fund created in Section 3-144 of this title an amount equal to Five Dollars ($5.00) per student based on average daily membership, as defined by paragraph 2 of Section 18-107 of this title, during the first nine (9) weeks of the school year. Each charter school shall complete the payment every school year within thirty (30) days after the first nine (9) weeks of the school year. If the Charter Schools Incentive and Closure Reimbursement Fund has a balance of One Million Dollars ($1,000,000.00) or more on July 1, no payment shall be required the following school year. H. Upon the effective date of this act, the Statewide Charter School Board shall transfer all funds remaining in the balance of the Charter School Closure Reimbursement Revolving Fund to the Charter Schools Incentive and Closure Reimbursement Fund created pursuant to Section 3-144 of this title. Added by Laws 1999, c. 320, § 17, eff. July 1, 1999. Amended by Laws 2004, c. 472, § 2, emerg. eff. June 7, 2004; Laws 2006, c. 278, § 1, eff. July 1, 2006; Laws 2007, c. 257, § 4; Laws 2010, c. 204, § 1; Laws 2010, c. 288, § 4, eff. Nov. 1, 2010; Laws 2011, c. 1, § 39, emerg. eff. March 18, 2011; Laws 2011, c. 184, § 1; Laws 2013, c. 212, § 3, eff. Sept. 1, 2013; Laws 2015, c. 170, § 6; Laws 2020, c. 122, § 1, eff. Nov. 1, 2020; Laws 2021, c. 101, § 9, emerg. eff. April 20, 2021; Laws 2021, c. 563, § 7, emerg. eff. May 28, 2021; Laws 2023, c. 323, § 11, eff. July 1, 2024; Laws 2024, c. 396, § 1, eff. July 1, 2024; Laws 2025, c. 294, § 2. NOTE: Laws 2010, c. 290, § 4 repealed by Laws 2011, c. 1, § 40, emerg. eff. March 18, 2011. Laws 2020, c. 61, § 1 repealed by Laws 2021, c. 101, § 10, emerg. eff. April 20, 2021. §70-3-143. Reports. The Statewide Charter School Board shall issue an annual report to the Legislature and the Governor outlining the status of charter schools and virtual charter schools in the state. Each charter school and virtual charter school shall annually file a report with the Statewide Charter School Board that shall include such information as requested by the Board including but not limited to information on enrollment, testing, curriculum, finances, and employees. Added by Laws 1999, c. 320, § 18, eff. July 1, 1999. Amended by Laws 2023, c. 323, § 12, eff. July 1, 2024. §70-3-144. Charter Schools Incentive and Closure Reimbursement Fund. A. There is hereby created in the State Treasury a fund to be designated the “Charter Schools Incentive and Closure Reimbursement Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies appropriated by the Legislature, gifts, grants, devises, and donations from any public or private source, and all monies received by the Statewide Charter School Board from charter schools pursuant to subsection G of Section 3-142 of this title. The Statewide Charter School Board shall administer the fund for the purpose of providing financial support to charter school and virtual charter school applicants, charter schools and virtual charter schools for start-up costs, costs associated with renovating or remodeling existing buildings and structures for use by a charter school, and for paying expenditures incurred due to closure of a charter school. The Statewide Charter School Board is authorized to allocate funds on a per-pupil basis for purposes of providing matching funds for the federal State Charter School Facilities Incentive Grants Program created pursuant to the No Child Left Behind Act of 2001, 20 U.S.C., Section 7221d. B. The Statewide Charter School Board shall adopt rules to implement the provisions of this section including application and notification requirements. Added by Laws 1999, c. 351, § 16, emerg. eff. June 8, 1999. Amended by Laws 2004, c. 472, § 3, emerg. eff. June 7, 2004; Laws 2023, c. 323, § 13, eff. July 1, 2024; Laws 2025, c. 294, § 1. §70-3-145.1. Repealed by Laws 2023, c. 323, § 22, eff. July 1, 2024. §70-3-145.2. Repealed by Laws 2023, c. 323, § 22, eff. July 1, 2024. §70-3-145.3. Repealed by Laws 2023, c. 323, § 22, eff. July 1, 2024. §70-3-145.4. Repealed by Laws 2023, c. 323, § 22, eff. July 1, 2024. §70-3-145.5. Virtual education - District resident status. Notwithstanding any other provision of law, beginning July 1, 2014, no school district shall enter into a virtual charter school contract with a provider to provide full-time virtual education to students who do not reside within the school district boundaries. Added by Laws 2012, c. 367, § 7, eff. July 1, 2012. Amended by Laws 2013, c. 212, § 7, eff. Sept. 1, 2013; Laws 2022, c. 153, § 2, eff. July 1, 2022; Laws 2023, c. 323, § 14, eff. July 1, 2024. §70-3-145.6. Full time virtual education site - Performance data of nonresidents. A. A virtual education provider that offers full-time virtual education to students who are not residents of the school district with which the provider is contracted shall be considered a site within each school district with which the provider contracts and subject to the accountability system established pursuant to Section 1210.545 of this title. B. The virtual education provider and the school district with which it contracts are hereby directed to identify those students who are full-time virtual students and do not live in the physical boundaries of the district. The district and provider shall submit in electronic format as necessary to the State Department of Education detailed data on the performance of nonresident students who are receiving full-time instruction. Added by Laws 2013, c. 108, § 1, eff. July 1, 2013. Amended by Laws 2014, c. 277, § 2, eff. July 1, 2014. §70-3-145.7. Statewide Virtual Charter School Board Revolving Fund - Transfer of funds to Statewide Charter School Board Revolving Fund. A. Until July 1, 2024, there is hereby created in the State Treasury a revolving fund for the Statewide Virtual Charter School Board to be designated the “Statewide Virtual Charter School Board Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Statewide Virtual Charter School Board from State Aid pursuant to Section 3-145.3 of this title or any other state appropriation. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Statewide Virtual Charter School Board for the purpose of supporting the mission of the Statewide Virtual Charter School Board. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. B. On July 1, 2024, the Statewide Virtual Charter School Board shall transfer any unencumbered funds in the Statewide Virtual Charter School Board Revolving Fund to the Statewide Charter School Board Revolving Fund created pursuant to Section 3 of this act. Any funds which are unexpended on January 1, 2025, shall be transferred to the Statewide Charter School Board Revolving Fund. Added by Laws 2015, c. 225, § 1. Amended by Laws 2023, c. 323, § 15, eff. July 1, 2024. §70-3-145.8. See the following versions: OS 70-3-145.8v1 (SB 516, Laws 2023, c. 323, § 16). OS 70-3-145.8v2 (HB 2180, Laws 2023, c. 342, § 1). §70-3-145.8v1. Records of attendance - Orientation - Truancy. A. It shall be the duty of each virtual charter school approved and sponsored by the Statewide Charter School Board to keep a full and complete record of the attendance of all students enrolled in the virtual charter school in one of the student information systems approved by the State Department of Education and locally selected by the virtual school from the approved list. B. By July 1, 2020, the governing board of each virtual charter school shall adopt an attendance policy. The policy may allow attendance to be a proportional amount of the required attendance policy provisions based upon the date of enrollment of the student. The attendance policy shall include the following provisions: 1. The first date of attendance and membership shall be the first date the student completes an instructional activity. 2. A student who attends a virtual charter school shall be considered in attendance for a quarter if the student: a. completes instructional activities on no less than ninety percent (90%) of the days within the quarter, b. is on pace for on-time completion of the course as defined by the governing board of the virtual charter school, or c. completes no less than seventy-two instructional activities within the quarter of the academic year. 3. For a student who does not meet any of the criteria set forth in paragraph 1 or 2 of this subsection, the amount of attendance recorded shall be the greater of: a. the number of school days during which the student completed the instructional activities during the quarter, b. the number of school days proportional to the percentage of the course that has been completed, or c. the number of school days proportional to the percentage of the required minimum number of completed instructional activities during the quarter. C. For the purposes of this section, “instructional activities” shall include instructional meetings with a teacher, completed assignments that are used to record a grade for a student that is factored into the student’s grade for the semester during which the assignment is completed, testing, school-sanctioned field trips, and orientation. D. Each statewide virtual charter school approved and sponsored by the Statewide Charter School Board shall offer a student orientation, notify the parent or legal guardian and each student who enrolls in that school of the requirement to participate in the student orientation, and require all students enrolled to complete the student orientation prior to completing any other instructional activity. The Statewide Charter School Board shall promulgate rules to develop materials for orientation. E. Any student that is behind pace and does not complete an instructional activity for a fifteen-school-day period shall be withdrawn for truancy. The virtual charter school shall submit a notification to the parent or legal guardian of a student who has been withdrawn for truancy or is approaching truancy. F. A student who is reported for truancy two times in the same school year shall be withdrawn and prohibited from enrolling in the same virtual charter school for the remainder of the school year. G. The governing board of each statewide virtual charter school shall develop, adopt, and post on the school’s website a policy regarding consequences for a student’s failure to attend school and complete instructional activities. The policy shall state, at a minimum, that if a student fails to consistently attend school and complete instructional activities after receiving a notification pursuant to subsection E of this section and reasonable intervention strategies have been implemented, a student shall be subject to certain consequences including withdrawal from the school for truancy. H. If a statewide virtual charter school withdraws a student pursuant to subsections F and G of this section, the virtual charter school shall immediately notify the student’s resident district in writing of the student’s disenrollment. I. The Statewide Charter School Board may promulgate rules to implement the provisions of this section. Added by Laws 2017, c. 247, § 1, eff. Jan. 1, 2018. Amended by Laws 2020, c. 27, § 3, eff. July 1, 2020; Laws 2023, c. 323, § 16, eff. July 1, 2024. §70-3-145.8v2. Records of attendance - Orientation - Truancy. A. It shall be the duty of each virtual charter school approved and sponsored by the Statewide Virtual Charter School Board pursuant to the provisions of Section 3-145.3 of this title to keep a full and complete record of the attendance of all students enrolled in the virtual charter school in one of the student information systems approved by the State Department of Education and locally selected by the virtual school from the approved list. B. By July 1, 2020, the governing body of each virtual charter school shall adopt an attendance policy. The policy may allow attendance to be a proportional amount of the required attendance policy provisions based upon the date of enrollment of the student. The attendance policy shall include the following provisions: 1. The first date of attendance and membership shall be the first date the student completes an instructional activity. 2. A student who attends a virtual charter school shall be considered in attendance for a quarter if the student: a. completes instructional activities on no less than ninety percent (90%) of the days within the quarter, b. is on pace for on-time completion of the course as defined by the governing board of the virtual charter school, or c. completes no less than seventy-two instructional activities within the quarter of the academic year. 3. For a student who does not meet any of the criteria set forth in paragraph 1 or 2 of this subsection, the amount of attendance recorded shall be the greater of: a. the number of school days during which the student completed the instructional activities during the quarter, b. the number of school days proportional to the percentage of the course that has been completed, or c. the number of school days proportional to the percentage of the required minimum number of completed instructional activities during the quarter. C. For the purposes of this section, "instructional activities" shall include instructional meetings with a teacher, completed assignments that are used to record a grade for a student that is factored into the student's grade for the semester during which the assignment is completed, testing and school-sanctioned field trips, and orientation. D. A student enrolled in a virtual charter school alternative education program designated by the State Department of Education who attends a full abbreviated school day shall be counted in full attendance for purposes of computing the average daily attendance and average daily membership of the virtual charter school. For purposes of this subsection, "full abbreviated school day" shall mean one hundred eighty-nine (189) hours per quarter or seven hundred fifty-six (756) hours per school year. E. Each statewide virtual charter school approved and sponsored by the Statewide Virtual Charter School Board pursuant to the provisions of Section 3-145.3 of this title shall offer a student orientation, notify the parent or legal guardian and each student who enrolls in that school of the requirement to participate in the student orientation, and require all students enrolled to complete the student orientation prior to completing any other instructional activity. The Statewide Virtual Charter School Board shall promulgate rules to develop materials for orientation. F. Any student who is behind pace and does not complete an instructional activity for fifteen (15) consecutive days, including weekends, shall be withdrawn for truancy. The virtual charter school shall submit a notification to the parent or legal guardian of a student who has been withdrawn for truancy or is approaching truancy. G. 1. Except as provided in paragraph 2 of this subsection, a student who is reported for truancy two times in the same school year shall be withdrawn and prohibited from enrolling in the same virtual charter school for the remainder of the school year. 2. If a student is enrolled in a virtual charter school alternative education program designated by the State Department of Education, the virtual charter school may request a waiver of the enrollment prohibition from the Department on behalf of a student enrolled at the virtual charter school who is reported for truancy two times in the same school year. The office of accreditation shall review the waiver request and determine whether the student should be allowed to continue attending the virtual charter school. The student shall continue attending the virtual charter school while the waiver is being reviewed and until a final determination is made. H. The governing body of each statewide virtual charter school shall develop, adopt and post on the school's website a policy regarding consequences for a student's failure to attend school and complete instructional activities. The policy shall state, at a minimum, that if a student fails to consistently attend school and complete instructional activities after receiving a notification pursuant to subsection F of this section and reasonable intervention strategies have been implemented, a student shall be subject to certain consequences including withdrawal from the school for truancy. I. If a statewide virtual charter school withdraws a student pursuant to subsections G and H of this section, the virtual charter school shall immediately notify the student's resident district in writing of the student's disenrollment. J. The provisions of subsections G, H, and I of this section shall not be in effect until the implementation of subsection H of Section 3-145.3 of this title. K. The Statewide Virtual Charter School Board may promulgate rules to implement the provisions of this section. Added by Laws 2017, c. 247, § 1, eff. Jan. 1, 2018. Amended by Laws 2020, c. 27, § 3, eff. July 1, 2020; Laws 2023, c. 342, § 1, eff. Nov. 1, 2023. §70-3-145.9. Annual sponsor workshop. Beginning with the 2024-2025 school year, members of a charter school sponsor governing board shall designate a representative from the board to complete an annual sponsor workshop requirement provided by the Statewide Charter School Board. The sponsor workshop shall include, but not be limited to, information regarding the Oklahoma Charter Schools Act, charter school governance, Internal Revenue Service rules for nonprofits, and school finance laws. Added by Laws 2023, c. 323, § 17, eff. July 1, 2024. §70-3-145.10. Severability. The provisions of the Oklahoma Charter Schools Act are severable and if any part or provision shall be held void, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of the Oklahoma Charter Schools Act. Added by Laws 2023, c. 323, § 21, eff. Sept. 1, 2023. §70-3-145.11. Virtual setting student assessments - Grades 3 through 8. A. A statewide virtual charter school or a school district operating a full-time virtual education program may administer to enrolled students in grades three through eight the statewide system of student assessments required by Section 1210.508 of Title 70 of the Oklahoma Statutes in a virtual setting that best meets the educational needs of the students and aligns with their regular academic instruction. Assessments for grades nine through twelve shall not be administered in a virtual setting. B. A statewide virtual charter school or a school district operating a full-time virtual education program that administers student assessments as provided for in subsection A of this section shall ensure the following requirements are met: 1. The student to whom the statewide student assessment is administered takes the assessment on an assigned date and time; 2. The student to whom the statewide student assessment is administered attends a synchronous assessment session initiated and managed by designated personnel of the statewide virtual charter school or the school district that operates a full-time virtual education program; 3. a. If the statewide student assessment platform does not allow integrated camera proctoring, the student to whom the statewide student assessment is administered shall use two devices for the duration of the administration. One device shall be used by the student to take the statewide student assessment, and one device shall be used by an assessment proctor to monitor the student for the duration of the administration of the statewide student assessment using the camera on the required device, or b. If the statewide student assessment platform does allow for an assessment proctor to view the student and the student’s background environment, a secondary device shall not be required; 4. The device on which a student is administered a statewide student assessment has audio capabilities accessible by the assessment administrator for purposes of monitoring the student; 5. The statewide virtual charter school or school district that operates a full-time virtual education program that administers a statewide student assessment to a student in a virtual setting seeks to maintain a student assessment taker to assessment proctor ratio of ten-to-one or lower; 6. The student to whom the statewide student assessment is administered does not exit the assessment administration until instructed to do so by the assigned assessment proctor; and 7. The submission of a statewide student assessment administered pursuant to the provisions of this section is verified by the assessment administrator. C. A statewide virtual charter school or a school district operating a full-time virtual education program that administers student assessments pursuant to this section shall take into account a student’s individualized education program (IEP) developed pursuant to the Individuals with Disabilities Education Act (IDEA) or Section 504 Plan developed pursuant to the Rehabilitation Act of 1973 in determining whether a virtual setting best meets the educational needs of such a student. D. The State Board of Education may promulgate rules to implement the provisions of this section. Added by Laws 2024, c. 177, § 1. §70-3-150. Repealed by Laws 2013, c. 83, § 21, eff. July 1, 2013, without reference to amendment by Laws 2013, c. 74, § 1, eff. July 1, 2013, which read as follows: A. The State Board of Education shall develop an Academic Performance Index (API) to be used to measure performance of schools, including the academic performance of students. The index shall consist of a variety of indicators including, but not limited to: 1. Attendance rates for students; 2. Dropout rates; 3. Results of the Oklahoma School Testing Program administered pursuant to Section 1210.508 of this title; 4. Advanced Placement participation; 5. Graduation rates for secondary school students; 6. Scores of the American College Test (ACT); and 7. College remediation rates. B. The data collected for the API shall be disaggregated, when available, by socioeconomic status and ethnic group. Oklahoma School Testing Program results shall constitute no less than sixty percent (60%) of the value of the index. C. Based on the API, the State Board of Education shall adopt expected annual percentage growth targets for the state level, school districts, and all school sites based on their API baseline score. The minimum percentage growth target shall be five percent (5%) annually. However, the State Board of Education may set differential growth targets based on grade level of instruction. D. The academic performance of students who are enrolled full- time in an online program that is offered by a school district or charter school that is not the district of residence or is not located in the district of residence of the student shall be reported separately by the school district or charter school and shall not be included when determining the Academic Performance Index of the school district or charter school. §70-3-151. Repealed by Laws 2013, c. 83, § 21, eff. July 1, 2013. §70-3-151.1. Adjusted cohort graduation rate - Academic performance index. A. For purposes of establishing a uniform and accurate definition of high school graduation rate for school districts and secondary schools in this state, the State Board of Education shall adopt and implement a four-year adjusted cohort graduation rate and an extended-year adjusted cohort graduation rate. The Board shall utilize and report the four-year adjusted cohort graduation rate and the extended-year adjusted cohort graduation rate at the secondary school site, the school district, and the state level, and the graduation rates shall be reported in the aggregate as well as disaggregated by subgroups as required in the Elementary and Secondary Education Act of 1965 (ESEA) as reauthorized by P.L. No. 114-95, also known as the Every Student Succeeds Act (ESSA). B. The Board shall use the four-year adjusted cohort graduation rate for purposes of determining the high school graduation rate indicator for the academic performance data calculation beginning with state and district report cards providing results of assessments administered in the 2011-2012 school year. The Board shall use the four-year adjusted cohort graduation rate for establishing the high school graduation rate for measuring alternate year percentage growth targets as set forth in Section 3-151.2 of this title beginning with the 2012-2013 school year. C. The four-year adjusted cohort graduation rate shall be defined as the number of students who graduate in four (4) years with a standard high school diploma divided by the number of students who entered high school four (4) years earlier. Students who transfer out of the school or emigrate to another country and deceased students shall not be included in the adjusted cohort graduation rate. Twelfth-grade students who transfer into a school after October 1 of any school year shall not be included in the adjusted cohort graduation rate. Students who graduate in four (4) years shall include students who earn a standard high school diploma at the end of their fourth year, before the end of their fourth year, and during a summer session immediately following their fourth year. To remove a student from a cohort, a school district shall confirm in writing or by electronic means that a student has transferred out of the school site or school district, has emigrated to another country, or is deceased. For a student who transfers out of a school site or school district, the written or electronic confirmation shall be official and document that the student has enrolled in another school site or school district or in an educational program that culminates in a high school diploma recognized by a state or private higher educational institution accredited or recognized by the Oklahoma State Regents for Higher Education for purposes of admission to the institution. Students who are not enrolled in a program which culminates in the award of a credential recognized by a state or private higher educational institution for purposes of admissions shall not be included in the graduation rate calculation as set forth in this subsection as a student who graduated in four (4) years with a standard high school diploma but shall be included in the number of students who entered high school four (4) years earlier. D. The extended-year adjusted cohort graduation rate shall be defined as the number of students who graduate in four (4) years or five (5) years with a high school diploma divided by the number of students who form the adjusted cohort for the four-year graduation rate as calculated as provided for in subsection C of this section. The extended-year adjusted cohort graduation rate shall be reported separately from the four-year adjusted cohort graduation rate. Added by Laws 2011, c. 245, § 1. Amended by Laws 2013, c. 83, § 5, eff. July 1, 2013; Laws 2014, c. 311, § 2, eff. July 1, 2014; Laws 2025, c. 412, § 1, eff. July 1, 2025. §70-3-151.2. Graduation rate growth targets - Failing schools. A. The State Board of Education shall adopt expected alternate year percentage growth targets, for all public secondary schools and school districts, based on high school graduation rates, using the four-year adjusted cohort graduation rate calculated as provided for in Section 1 of this act. The minimum percentage growth targets shall be twenty percent (20%) of the difference between the graduation rate of the baseline year and the goal of one hundred percent (100%). The baseline year shall be established in the 2012- 2013 school year. In alternating years new growth targets shall be established until all secondary schools and school districts have met the goal of one hundred percent (100%). B. Public secondary schools and school districts meeting or exceeding expected growth targets at the end of the initial two (2) years or in the alternate years as provided for in subsection A of this section shall be recognized by the state as notable schools and school districts. Recognition may include, but not be limited to, citations of congratulations from the State Superintendent of Public Instruction as the designee of the State Board of Education, the Governor or designee, the Representative and Senator representing the school and or school district, and banners for each school or school district achieving notable status. C. Public secondary schools and school districts failing to meet the expected growth targets at the end of the initial two (2) years or in the alternate years as provided for in subsection A of this section shall: 1. Submit a high school graduation improvement plan to their district board of education at a regularly scheduled meeting prior to December 31st of the same year; and 2. Contingent upon the availability of funding, participate in technical assistance and training provided by the State Department of Education for the purpose of reducing drop-out rates and improving high school graduation rates. The technical assistance and training shall include identifying and implementing best practices, identifying actions the school district and schools should take to meet target high school graduation goals, and providing ongoing monitoring to assess school district and school progress in implementing recommended actions. Added by Laws 2011, c. 245, § 2. §70-3-152. Repealed by Laws 2005, c. 466, § 2, eff. July 1, 2005. §70-3-152.1. Repealed by Laws 2018, c. 25, § 1, eff. Nov. 1, 2018. §70-3-153. Reporting of plans to State Board - Exemptions. A. School districts with one or more school sites that have been identified as in need of improvement by the State Board of Education pursuant to the requirements of the No Child Left Behind Act of 2001, P.L. No. 107-110, shall be required to electronically submit the following plans to the State Board of Education: 1. The school improvement plan as required in Section 5-117.4 of this title; and 2. The capital improvement plan as required in Section 18-153 of this title. B. School districts that do not have any school sites which have been identified as in need of improvement by the State Board of Education, pursuant to the requirements of the No Child Left Behind Act of 2001, P.L. No. 107-110, shall not be required to submit the plans as set forth in subsection A of this section. Added by Laws 2001, c. 242, § 1, eff. July 1, 2001. Amended by Laws 2005, c. 431, § 1, eff. Sept. 1, 2005; Laws 2006, c. 227, § 2, eff. July 1, 2006; Laws 2012, c. 354, § 2; Laws 2013, c. 83, § 7, eff. July 1, 2013. §70-3-154. Review of plans by regional accreditation officer. Each plan listed in Section 3-153 of this title and which is not required to be submitted to the State Department of Education shall be reviewed by a regional accreditation officer at the time of the visit to the school district by an officer in accordance with the evaluation schedule set forth in Section 3-104.4 of this title. Added by Laws 2001, c. 242, § 2, eff. July 1, 2001. Amended by Laws 2019, c. 373, § 2, eff. Nov. 1, 2019. §70-3-155. Study and assessment of information and reports - Collection techniques. A. The State Board of Education shall study and assess ways to eliminate, reduce, consolidate, and simplify the number, type, and length of reports, data, statistics, and other information required of any school district or school district personnel by the Board or State Department of Education. Subject to the availability of funding, the Board is hereby authorized to retain a consultant or expert as may be necessary to complete the study. The study shall include the feasibility of coordinating reporting dates and shall identify all requirements for maintaining, completing and filing records and reports mandated by law or rule and make recommendations for any amendments that may be necessary to the law or rules to implement the recommendations reported in the study. In conducting research for the study, the Board shall provide for the input and participation of school districts, school district personnel, and other educational organizations. By December 31, 2010, the Board shall issue a preliminary report of any findings and recommendations collected prior to that date. The Board shall complete the findings and recommendations of the study and shall file a final report with the Governor, Speaker of the House of Representatives, and the President Pro Tempore of the Senate by December 31, 2012. B. In conducting the study as required in this section, the Board may: 1. Survey a sample of classroom teachers from elementary, middle, and high school grades in the public schools in the state to determine the quantity and types of paperwork required from teachers on a daily, weekly, monthly, semester, or annual basis as mandated by state law or rule; 2. Review efforts being made at the school district level to reduce the requirements for extraneous paperwork placed on teachers; 3. Collaborate with the United States Department of Education to standardize all compliance requirements of the federal Individuals with Disabilities Education Act (IDEA) and review and simplify the paperwork established by the United States Department of Education to verify compliance with IDEA; and 4. Study the amount of state and local funds expended to meet the compliance and paperwork requirements of IDEA. Added by Laws 2005, c. 290, § 2, emerg. eff. June 6, 2005. Amended by Laws 2010, c. 150, § 1, eff. July 1, 2010. §70-3-156. Local school district assessment - Report submission. Each local school district may study and assess ways to eliminate, reduce, consolidate, and simplify the number, type, and length of reports, data, statistics, and other information required of any school district personnel by federal or state law. In conducting research for the study, the school district shall provide for the input and participation of school district personnel. Each local school district may also study and assess ways to eliminate, reduce, consolidate, and simplify the number of tests required by students enrolled in school. Findings and recommendations of both studies shall be forwarded to the State Department of Education. Added by Laws 2010, c. 150, § 2, eff. July 1, 2010. Amended by Laws 2012, c. 354, § 3. §70-3-160. State student record system - Development and implementation in compliance with federal requirements. A. In developing and implementing a state student record system, as required in Subsection E of Section 18-200.1 of this title, and as needed to comply with the tracking and reporting requirements of the Elementary and Secondary Education Act of 1965 (ESEA), P.L. No. 114-95, as reauthorized by the Every Student Succeeds Act (ESSA) of 2015, the State Department of Education shall construct the system to contain the following elements and comply with the following standards and compliance capabilities: 1. Extensible Markup Language (XML), which defines common data formats used during communication between disparate systems; 2. Web services protocol developed by the World Wide Web Consortium, which enables systems that are physically separated but connected to the Internet to be combined to permit complex operations; 3. Schools Interoperability Framework (SIF) version 1.5 specifications, or any updated versions of the specifications, which enable school district software management systems to communicate with each other. The student record system shall include, but not be limited to, the specifications for course identifiers, state standard formatting, content formatting, and assessment formatting specification; 4. United States Department of Education EDFacts data exchange guidelines with data elements capable of providing reporting on federal educational programs; and 5. Defined state data codes to ensure consistent reporting from school districts including, but not limited to, data codes for course identifiers, entries, gains, and losses. Current data codes for teacher certification and the Oklahoma Cost Accounting System shall be extended to match other defined data codes. B. Any student information system and any instructional management system used by school districts in the state shall comply with the Extensible Markup Language (XML) standards and the Schools Interoperability Framework (SIF) version 1.5 specifications, or any updated versions of the specifications. C. The State Department of Education shall have the authority to define requirements for the submission of data elements in compliance with the Schools Interoperability Framework (SIF) version 1.5 for the student information systems and instructional management systems used by school districts statewide in compliance with state and federal statutes. Added by Laws 2003, c. 430, § 2, eff. July 1, 2003. Amended by Laws 2019, c. 486, § 1, eff. July 1, 2019. §70-3-161. Repealed by Laws 2014, c. 72, § 1. §70-3-162. Enrollment - Collection of information regarding participation in certain programs. A. Beginning with the 2007-2008 school year, upon initial enrollment in a public school district, the school shall request the parent or guardian of a student to provide information to the school district regarding participation in the following: 1. A childcare program that is licensed pursuant to the tiered licensing system established by the Department of Human Services; 2. The SoonerStart program operated by the State Department of Education; 3. The program of parent education operated by the State Department of Education pursuant to Section 10-105.3 of this title; 4. The Children First program operated by the State Department of Health; 5. Any child abuse prevention program operated by the State Department of Health; 6. Any federally funded Head Start program; and 7. Any other early childhood program funded by state or federal monies as determined by the State Board of Education. B. The State Department of Education shall verify the accuracy of the information provided by the parents or guardians pursuant to subsection A of this section with the appropriate agency. Each agency shall cooperate and provide verifying data to the Department. C. The State Department of Education shall develop state data elements and codes for each program identified pursuant to subsection A of this section for use in the statewide student record system program, which shall be used to provide effective reporting and research on the identified programs. The codes shall be entered into the statewide student record system program upon initial enrollment of a student. D. The State Board of Education shall adopt rules to implement the provisions of this section. Added by Laws 2005, c. 420, § 1, eff. July 1, 2005. Amended by Laws 2015, c. 217, § 1, eff. Nov. 1, 2015. NOTE: Editorially renumbered from § 3-161 to avoid a duplication in numbering. §70-3-163. Repealed by Laws 2017, c. 3, § 1, eff. Nov. 1, 2017. §70-3-164. Repealed by Laws 2017, c. 3, § 2, eff. Nov. 1, 2017. §70-3-165. Repealed by Laws 2017, c. 3, § 3, eff. Nov. 1, 2017. §70-3-166. Repealed by Laws 2017, c. 3, § 4, eff. Nov. 1, 2017. §70-3-167. Exemption from participation in advisory council or committee. A. 1. The State Board of Education shall exempt all school districts from or waive any policy, rule or law which requires school districts to form, convene, or participate in any advisory council or committee, including but not limited to the requirement to convene an advisory council when preparing the school improvement plan as set forth in Section 5-117.4 of this title. 2. The provisions of paragraph 1 of this subsection shall cease to be effective during the fiscal year which begins on the July 1 immediately succeeding the legislative session during which the measure appropriating monies to the State Board of Education for the financial support of public schools is enacted as law and such appropriation amount is at least Fifty Million Dollars ($50,000,000.00) greater than the amount of money appropriated to the State Board of Education for the financial support of public schools for the fiscal year ending June 30, 2019, pursuant to Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars ($50,000,000.00) shall not include any amount of appropriations dedicated for support or certified employee salary increases. B. School districts shall not be exempted from forming, convening or participating in an advisory council or committee if required by federal law or regulation. Added by Laws 2010, c. 457, § 2. Amended by Laws 2012, c. 236, § 2, eff. July 1, 2012; Laws 2014, c. 311, § 3, eff. July 1, 2014; Laws 2016, c. 253, § 2, eff. July 1, 2016; Laws 2019, c. 488, § 2, eff. July 1, 2019. §70-3-168. Student Data Accessibility, Transparency and Accountability Act of 2013. A. This section shall be known and may be cited as the "Student Data Accessibility, Transparency and Accountability Act of 2013". B. As used in this act: 1. "Board" means the State Board of Education; 2. "Department" means the State Department of Education; 3. "Data system" means the Oklahoma State Department of Education student data system; 4. "Aggregate data" means data collected and/or reported at the group, cohort, or institutional level; 5. "De-identified data" means a student dataset in which parent and student identifying information, including the state-assigned student identifier, has been removed; 6. "Student testing number" means the unique student identifier assigned by the state to each student that shall not be or include the Social Security number of a student in whole or in part; 7. "Student data" means data collected and/or reported at the individual student level included in a student's educational record. a. "Student data" includes: (1) state and national assessment results, including information on untested public school students, (2) course taking and completion, credits earned, and other transcript information, (3) course grades and grade point average, (4) date of birth, grade level and expected graduation date/graduation cohort, (5) degree, diploma, credential attainment, and other school exit information such as General Educational Development and dropout data, (6) attendance and mobility, (7) data required to calculate the federal four-year adjusted cohort graduation rate, including sufficient exit and dropout information, (8) discipline reports limited to objective information sufficient to produce the federal Title IV Annual Incident Report, (9) remediation, (10) special education data, (11) demographic data and program participation information, including tribal affiliation and other data associated with students who have been identified as having American Indian heritage, and (12) military student identifier. b. Unless included in a student's educational record, "student data" shall not include: (1) juvenile delinquency records, (2) criminal records, (3) medical and health records, (4) student Social Security number, and (5) student biometric information; and 8. "Military student identifier" means a unique identifier for each student whose parent or guardian is a member of the Armed Forces of the United States, a reserve component of the Armed Forces of the United States or the National Guard which will allow for the disaggregation of each category. C. The State Board of Education shall: 1. Create, publish and make publicly available a data inventory and dictionary or index of data elements with definitions of individual student data fields currently in the student data system including: a. any individual student data required to be reported by state and federal education mandates, b. any individual student data which has been proposed for inclusion in the student data system with a statement regarding the purpose or reason for the proposed collection, and c. any individual student data that the State Department of Education collects or maintains with no current purpose or reason; 2. Develop, publish and make publicly available policies and procedures to comply with the federal Family Educational Rights and Privacy Act (FERPA) and other relevant privacy laws and policies, including but not limited to: a. access to student and de-identified data in the student data system shall be restricted to: (1) the authorized staff of the State Department of Education and the Department's contractors who require such access to perform their assigned duties, including staff and contractors from the Information Services Division of the Office of Management and Enterprise Services assigned to the Department, (2) district administrators, teachers and school personnel who require such access to perform their assigned duties, (3) students and their parents, and (4) the authorized staff of other state agencies in Oklahoma as required by law and/or defined by interagency data-sharing agreements, b. the State Department of Education shall use only aggregate data in public reports or in response to record requests in accordance with paragraph 3 of this subsection, c. the State Department of Education shall develop criteria for the approval of research and data requests from state and local agencies, the State Legislature, researchers and the public: (1) unless otherwise approved by the State Board of Education, student data maintained by the State Department of Education shall remain confidential, and (2) unless otherwise approved by the State Board of Education to release student or de-identified data in specific instances, the Department may only use aggregate data in the release of data in response to research and data requests, and d. notification to students and parents regarding their rights under federal and state law; 3. Unless otherwise approved by the State Board of Education, the State Department of Education shall not transfer student or de- identified data deemed confidential under division (1) of subparagraph c of paragraph 2 of this subsection to any federal, state or local agency or other organization/entity outside of the State of Oklahoma, with the following exceptions: a. a student transfers out of state or a school/district seeks help with locating an out-of-state transfer, b. a student leaves the state to attend an out-of-state institution of higher education or training program, c. a student registers for or takes a national or multistate assessment, d. a student voluntarily participates in a program for which such a data transfer is a condition/requirement of participation, e. the Department enters into a contract that governs databases, assessments, special education or instructional supports with an out-of-state vendor, f. a student is classified as "migrant" for federal reporting purposes, or g. a student with a military student identifier for purposes of assisting the Department of Defense in developing policy and military child education initiatives; 4. Develop a detailed data security plan that includes: a. guidelines for authorizing access to the student data system and to individual student data including guidelines for authentication of authorized access, b. privacy compliance standards, c. privacy and security audits, d. breach planning, notification and procedures, and e. data retention and disposition policies; 5. Ensure routine and ongoing compliance by the State Department of Education with FERPA, other relevant privacy laws and policies, and the privacy and security policies and procedures developed under the authority of this act, including the performance of compliance audits; 6. Ensure that any contracts that govern databases, assessments or instructional supports that include student or de-identified data and are outsourced to private vendors include express provisions that safeguard privacy and security and include penalties for noncompliance; 7. Notify the Governor and the Legislature annually of the following: a. new student data proposed for inclusion in the state student data system: (1) any new student data collection proposed by the State Board of Education becomes a provisional requirement to allow districts and their local data system vendors the opportunity to meet the new requirement, and (2) the State Board of Education must submit any new "provisional" student data collection to the Governor and the Legislature for their approval within one (1) year in order to make the new student data a permanent requirement. Any provisional student data collection not approved by the Governor and the Legislature by the end of the next legislative session expires and is no longer required, b. changes to existing data collections required for any reason, including changes to federal reporting requirements made by the U.S. Department of Education, c. an explanation of any exceptions granted by the State Board of Education in the past year regarding the release or out-of-state transfer of student or de- identified data, and d. the results of any and all privacy compliance and security audits completed in the past year. Notifications regarding privacy compliance and security audits shall not include any information that would itself pose a security threat to the state or local student information systems or to the secure transmission of data between state and local systems by exposing vulnerabilities; and 8. By July 1, 2016, include a military student identifier in the state student data system. D. The State Board of Education shall adopt rules for the State Department of Education to implement the provisions of the Student Data Accessibility, Transparency and Accountability Act of 2013. E. Upon the effective date of this act, any existing collection of student data by the State Department of Education and the addition of a military student identifier to the student data collected by the Department after the effective date of this act shall not be considered a new student data collection in accordance with subparagraph a of paragraph 7 of subsection C of this section. F. Nothing in this act shall interfere with the State Department of Education's compliance with the Educational Accountability Reform Act. Added by Laws 2013, c. 356, § 1, eff. July 1, 2013. Amended by Laws 2015, c. 33, § 1, eff. July 1, 2015; Laws 2021, c. 66, § 1. §70-3-169. Disclosure of mental health treatment of students - Accommodations plan. A. Beginning with the 2023-2024 school year, prior to enrollment the parent or legal guardian of a student may disclose to the student's resident district, as determined by Section 1-113 of Title 70 of the Oklahoma Statutes, if the student has received inpatient or emergency outpatient mental health services from a mental health facility in the previous twenty-four (24) months. For the purposes of this section, "mental health facility" shall have the same meaning as Section 5-502 of Title 43A of the Oklahoma Statutes. B. If a disclosure provided for in subsection A of this section occurs, designated school personnel, which may include members of the individualized education program (IEP) team, shall meet with the parent or legal guardian of the student and representatives of the mental health facility prior to enrollment to determine whether the student is in need of any accommodations including but not limited to an IEP in accordance with the Individuals with Disabilities Education Act (IDEA) or a Section 504 Plan as defined by the Rehabilitation Act of 1973. The meeting required by this section may take place in person, via teleconference, or via videoconference. C. The disclosure and subsequent handling of personal health information and related student education records pursuant to this section shall comply with the Family Educational Rights and Privacy Act of 1974 (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). D. The State Board of Education shall promulgate rules to implement the provisions of this section. Added by Laws 2022, c. 247, § 1, eff. July 1, 2022. §70-3-171. Oklahoma Advisory Council on Indian Education Act. This act shall be known and may be cited as the “Oklahoma Advisory Council on Indian Education Act”. Added by Laws 2010, c. 313, § 1, eff. July 1, 2010. §70-3-172. Purpose of act. The purpose of the Oklahoma Advisory Council on Indian Education Act is to recognize the unique relationship that Oklahoma enjoys with the Indian tribes located within the state and how Native Americans and Indian tribes play a pivotal role in the educational system of the state in light of this special relationship. The further purpose of the act is to establish the Oklahoma Advisory Council on Indian Education. The purpose of creating the Council is to promote culturally relevant learning environments, educational opportunities and instructional material for Native American students enrolled in the public schools of the state. Because of the number of Native American students enrolled in public schools in the state, this objective will positively affect the educational success of all public school students and encourage further government-to-government cooperation between the State of Oklahoma and the sovereign Indian tribes located in Oklahoma. Added by Laws 2010, c. 313, § 2, eff. July 1, 2010. §70-3-173. Oklahoma Advisory Council on Indian Education. A. There is hereby re-created to continue until July 1, 2026, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Advisory Council on Indian Education. B. The Council shall: 1. Make recommendations to the State Board of Education and the Superintendent of Public Instruction in educational matters affecting the education of Native American students; 2. Promote educational opportunities and improvement of the quality of education provided to Native American students throughout the state; 3. Advocate for Native American students in the state; and 4. Monitor and evaluate how the public education system of the state impacts Native American students. C. The Council shall be composed of eighteen (18) members as follows: 1. Five members who shall each represent an Indian tribe in the state, of which at least one shall represent an Indian tribe which has an enrollment of less than ten thousand (10,000) members who reside in the state, appointed by the Speaker of the House of Representatives from a list of nominations submitted by the elected executive leaders of different Indian tribes in the state; 2. Four members who shall each represent the tribal education departments of an Indian tribe in the state, appointed by the President Pro Tempore of the Senate from a list of nominations submitted by the elected executive leaders of different Indian tribes in the state; 3. One member who shall represent the Oklahoma Council for Indian Education, appointed by the Governor; 4. Two members who shall represent two different statewide organizations representing public school teachers, appointed by the President Pro Tempore of the Senate; 5. One member who shall represent a statewide organization representing public school superintendents, appointed by the Speaker of the House of Representatives; 6. One member who shall represent Oklahoma tribal colleges, appointed by the Chancellor of Higher Education; 7. The Director of the Native American Cultural and Educational Authority, or designee; 8. The Chancellor of Higher Education, or designee; 9. The Director of the Oklahoma Department of Career and Technology Education, or designee; and 10. The Superintendent of Public Instruction, or designee. D. Appointments to the Council shall be made by September 1, 2023. The first meeting of the Council shall be called by the Superintendent of Public Instruction. At the first meeting, the members of the Council shall elect a chair and vice chair from among the members. Meetings of the Council shall be held at least quarterly at the call of the chair. Members shall serve at the pleasure of their appointing authorities. A majority of the members of the Council shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining members to exercise all of the powers of the Council. A vacancy on the Council shall be filled by the original appointing authority. A vacancy on the Council in a seat representing an Indian tribe in the state or the tribal education department of an Indian tribe in the state may be filled by the original appointing authority from a list of nominations submitted by the elected executive leaders of Indian tribes in the state. Appointments to fill any vacancy on the Council shall be made within three (3) months following the vacancy. The State Department of Education, Oklahoma Department of Career and Technology Education, and the Oklahoma State Regents for Higher Education shall provide staff, support, and information as requested by the Council. E. Members of the Council shall receive no compensation for serving on the Council but shall receive travel reimbursement as follows: 1. State employees who are members of the Council shall be reimbursed for travel expenses incurred in the performance of their duties by their respective agencies in accordance with the State Travel Reimbursement Act; and 2. All other members of the Council shall be reimbursed by the Office of Management and Enterprise Services for travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act. F. The Council shall act in accordance with the provisions of the Oklahoma Open Meeting Act and the Oklahoma Open Records Act. G. Members who serve on the Council shall be exempt from the dual-office-holding prohibitions of Section 6 of Title 51 of the Oklahoma Statutes. H. The Council shall have the following duties: 1. Identify strategies for developing an efficient and reliable process of communications between Oklahoma education entities, educators, tribal organizations, and other interested parties; 2. Identify and disseminate research-based, measurable criteria, both behavioral and academic, by which the success and efficacy of the education offered to Native American students in Oklahoma may be measured; 3. Analyze data to ensure that education agencies in Oklahoma continue to address the education needs of Native American students; 4. Encourage and promote Native American educational leadership at all levels of the education system; and 5. Make recommendations to the State Board of Education for programs that will help achieve the purposes of the Oklahoma Advisory Council on Indian Education Act. I. The Council shall evaluate and make an annual report on the effectiveness of the public education system in Oklahoma in meeting the needs of Native American students in Oklahoma. The report shall be submitted to the State Board of Education. The report shall also contain a summary of the findings made by the Council pursuant to subsection H of this section, a summary of all data collected by the Council, a summary of the means by which all data was collected by the Council, and any other information deemed necessary by the Council. Added by Laws 2010, c. 313, § 3, eff. July 1, 2010. Amended by Laws 2012, c. 304, § 596; Laws 2014, c. 131, § 1, emerg. eff. April 22, 2014; Laws 2020, c. 116, § 20, eff. July 1, 2020; Laws 2023, c. 306, § 1, eff. July 1, 2023.
Okla. Stat. tit. 70, § 3
Repealed
Known as the Diabetes Management in Schools Act
The act spans §§ 70–70 (3 sections).
Repealed by Laws 1949, p. 607, art. 20, § 9. §70-3-1
Official source: Oklahoma Legislature. Reproduced from public-domain Oklahoma statutes; confirm against the official source for the current text. Not legal advice.