1 STATE OF OKLAHOMA
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2 2nd Session of the 58th Legislature (2022)
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3 SENATE BILL 1621 By: Pugh
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6 AS INTRODUCED
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7 An Act relating to charter schools; creating the
7 Statewide Charter School Board; providing authority
8 of board beginning on certain date; providing for
8 membership; requiring appointments by certain date;
9 providing terms of members; providing for election of
9 chair and vice chair; allowing a member to be removed
10 for certain reasons; providing for filling of
10 vacancies; prohibiting certain members of the
11 Legislature from serving on certain Board and for
11 certain time period thereafter; providing for travel
12 reimbursement; requiring first meeting to be held by
12 certain date; providing for frequency of meetings;
13 specifying quorum; directing certain schools to only
13 be sponsored by the Statewide Charter School Board
14 beginning on certain date; providing for succession
14 to certain rights and responsibilities executed prior
15 to certain date; providing powers and duties of the
15 Statewide Charter School Board beginning on certain
16 date; providing definitions; requiring the Board to
16 make publicly available a list of certain courses
17 beginning on certain date; allowing the Board, in
17 certain conjunction, to negotiate and enter into
18 contracts with certain providers; creating the
18 Statewide Charter School Board Revolving Fund;
19 specifying sources of fund; providing for
19 expenditures; providing purpose of fund; amending 70
20 O.S. 2021, Section 3-104, which relates to powers and
20 duties of the State Board of Education; updating
21 statutory references; modifying reference from the
21 Statewide Virtual Charter School Board to the
22 Statewide Charter School Board; amending 70 O.S.
22 2021, Sections 3-134, 3-136, 3-137, 3-139, 3-140, 3-
23 142, 3-143, and 3-144, which relate to implementation
23 of the Oklahoma Charter Schools Act; modifying
24 reference from the State Department of Education to
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 1 the Statewide Charter School Board as the provider of
1 certain training; modifying application process for
2 certain schools; removing references to charter
2 schools sponsored by certain entities; providing for
3 powers and duties of the Statewide Charter School
3 Board beginning on certain date; modifying contents
4 of certain written contracts beginning on certain
4 date; prohibiting a certain schools from entering
5 into certain employment contract under certain
5 circumstances; providing for contents of employment
6 contract; requiring disclosure of employment rights;
6 prohibiting certain schools from serving certain
7 students without certain contract; updating
7 references; removing outdated language; prohibiting
8 the Statewide Charter School Board from charging a
8 fee for administrative or other services; updating
9 language regarding submission of certain annual
9 report; modifying authority over the Charter Schools
10 Incentive Fund; amending 70 O.S. 2021, Sections 3-
10 145.5, 3-145.7, and 3-145.8, which relate to virtual
11 charter schools; removing outdated language; updating
11 references; directing the Statewide Virtual Charter
12 School Board to have authority over certain revolving
12 fund until certain date; requiring the transfer of
13 certain funds to certain revolving fund on certain
13 date; amending 70 O.S. 2021, Section 1210.704, which
14 relates to the provision of advanced placement
14 courses; updating references; updating statutory
15 reference; repealing 70 O.S. 2021, Sections 3-132, 3-
15 135, 3-145.1, 3-145.2, 3-145.3, and 3-145.4, which
16 relate to sponsor contract guidelines and meetings
16 and rule promulgation of the Statewide Virtual
17 Charter School Board; providing for codification;
17 providing effective dates; and declaring an
18 emergency.
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21 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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22 SECTION 1. NEW LAW A new section of law to be codified
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23 in the Oklahoma Statutes as Section 3-132.1 of Title 70, unless
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24 there is created a duplication in numbering, reads as follows:
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 1 A. There is hereby created the Statewide Charter School Board.
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2 Beginning July 1, 2023, the Board shall have the sole authority to
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3 authorize and sponsor charter schools and statewide virtual charter
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4 schools in this state. The Board shall be composed of eight (8)
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5 voting members as follows:
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6 1. Three members appointed by the Governor, one of whom shall
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7 be a retired public school administrator, one of whom shall have
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8 experience in financial management, and one of whom shall be a
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9 member of a federally recognized Indian tribe;
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10 2. Two members appointed by the President Pro Tempore of the
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11 Senate;
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12 3. Two members appointed by the Speaker of the House of
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13 Representatives; and
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14 4. The State Superintendent of Public Instruction or his or her
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15 designee shall serve as an ex officio nonvoting member and shall not
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16 be counted toward a quorum.
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17 B. Initial appointments shall be made by August 31, 2022. The
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18 President Pro Tempore of the Senate and the Speaker of the House of
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19 Representatives shall each appoint one member for one (1) year and
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20 one member for two (2) years. The Governor shall appoint one member
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21 for one (1) year and two members for two (2) years. Members shall
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22 serve until their successors are duly appointed for a term of three
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23 (3) years. Appointments shall be made by and take effect on July 31
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 1 of the year in which the appointment is made. Annually by December
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2 30 the Board shall elect from its membership a chair and vice chair.
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3 C. A member may be removed from the Board by the appointing
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4 authority for cause which shall include, but not be limited to:
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5 1. Being found guilty by a court of competent jurisdiction of a
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6 felony or any offense involving moral turpitude;
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7 2. Being found guilty of malfeasance, misfeasance, or
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8 nonfeasance in relation to Board duties;
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9 3. Being found mentally incompetent by a court of competent
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10 jurisdiction; or
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11 4. Failing to attend three successive meetings of the Board
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12 without just cause, as determined by the Board.
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13 D. Vacancies shall be filled by the appointing authority.
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14 E. No member of the Senate or House of Representatives may be
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15 appointed to the Board while serving as a member of the Legislature,
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16 or for two (2) full years following the expiration of the term of
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17 office.
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18 F. Members of the Statewide Charter School Board shall not
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19 receive compensation but shall be reimbursed for necessary travel
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20 expenses pursuant to the provisions of the State Travel
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21 Reimbursement Act.
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22 G. The Statewide Charter School Board shall meet at the call of
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23 the chair. The first meeting of the Board shall be held no later
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24 than sixty (60) days after the effective date of this act.
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 1 H. Five members of the Board shall constitute a quorum, and an
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2 affirmative vote of at least five members shall be required for the
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3 Board to take any final action.
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4 I. Beginning July 1, 2023, charter schools and statewide
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5 virtual charter schools shall be sponsored only by the Statewide
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6 Charter School Board created pursuant to this section. Effective
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7 July 1, 2023, the Statewide Charter School Board shall succeed to
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8 any contractual rights and responsibilities incurred by the
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9 Statewide Virtual Charter School Board in a virtual charter school
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10 sponsorship contract executed prior to July 1, 2023, and shall
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11 succeed to any contractual rights and responsibilities incurred by a
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12 school district, a technology center school district, an accredited
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13 comprehensive or regional institution that is a member of The
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14 Oklahoma State System of Higher Education, a community college, a
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15 federally recognized Indian tribe, or the State Board of Education
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16 in a charter school sponsorship contract executed prior to July 1,
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17 2023. All property, equipment, supplies, records, assets, current
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18 and future liabilities, encumbrances, obligations, and indebtedness
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19 associated with a virtual charter school or charter school
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20 sponsorship contract shall be transferred to the Statewide Charter
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21 School Board. Appropriate conveyances and other documents shall be
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22 executed to effectuate the transfer of property associated with a
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23 sponsorship contract. Upon succession of sponsorship contracts, the
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24 Statewide Charter School Board shall assume sponsorship of the
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 1 virtual charter schools and charter schools for the remainder of the
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2 term of the contracts. Prior to the end of the current term of the
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3 contract, the Statewide Charter School Board shall allow a charter
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4 school to apply for renewal of the sponsorship contract in
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5 accordance with the renewal procedures established pursuant to
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6 Section 3-137 of Title 70 of the Oklahoma Statutes.
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7 SECTION 2. NEW LAW A new section of law to be codified
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8 in the Oklahoma Statutes as Section 3-132.2 of Title 70, unless
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9 there is created a duplication in numbering, reads as follows:
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10 A. Beginning July 1, 2023, and subject to the requirements of
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11 the Oklahoma Charter Schools Act, the Statewide Charter School Board
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12 shall:
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13 1. Provide general supervision and oversight of the operations
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14 of charter schools and statewide virtual charter schools in this
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15 state, recommend legislation pertaining to charter schools to the
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16 Legislature, and promulgate rules and policies that the Board deems
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17 necessary to accomplish the purposes prescribed in this section;
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18 2. Establish a procedure for accepting, approving, and
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19 disapproving charter school and statewide virtual charter school
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20 applications and a process for renewal or revocation of approved
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21 charter contracts which minimally meet the procedures set forth in
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22 the Oklahoma Charter Schools Act;
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23 3. Hire an executive director and other staff for its
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24 operation;
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 1 4. Prepare a budget for expenditures necessary for the proper
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2 maintenance of the Board and accomplishment of its purpose;
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3 5. Comply with the requirements of the Oklahoma Open Meeting
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4 Act and Oklahoma Open Records Act; and
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5 6. Give priority to opening charter schools and virtual charter
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6 schools that serve at-risk student populations or students from low-
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7 performing traditional public schools.
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8 B. 1. For purposes of the Oklahoma Charter Schools Act,
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9 “charter school” means:
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10 a. prior to July 1, 2023, a public school established by
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11 contract with a school district board of education, a
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12 technology center school district, a higher education
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13 institution, a federally recognized Indian tribe, or
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14 the State Board of Education, and
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15 b. on July 1, 2023, and after, a public school
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16 established by contract with the Statewide Charter
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17 School Board
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18 to provide learning that will improve student achievement
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19 and as defined in the Elementary and Secondary
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20 Education Act of 1965, 20 U.S.C. 8065.
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21 2. A charter school may consist of a new school site, new
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22 school sites, or all or any portion of an existing school site. An
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23 entire school district may not become a charter school site.
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 1 C. 1. For the purposes of the Oklahoma Charter Schools Act,
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2 “conversion school” means a school created by converting all or any
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3 part of a traditional public school in order to access any or all
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4 flexibilities afforded to a charter school; provided, however, all
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5 or any part of a traditional public school may not be converted to a
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6 virtual charter school.
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7 2. Prior to the board of education of a school district
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8 converting all or any part of a traditional public school to a
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9 conversion school, the board shall prepare a conversion plan. The
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10 conversion plan shall include documentation that demonstrates and
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11 complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
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12 19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134
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13 of Title 70 of the Oklahoma Statutes. The conversion plan and all
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14 documents shall be in writing and shall be available to the public
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15 pursuant to the requirements of the Oklahoma Open Records Act. All
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16 votes by the board of education of a school district to approve a
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17 conversion plan shall be held in an open public session. If the
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18 board of education of a school district votes to approve a
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19 conversion plan, the board shall notify the State Board of Education
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20 within sixty (60) days after the vote. The notification shall
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21 include a copy of the minutes for the board meeting at which the
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22 conversion plan was approved.
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23 3. A conversion school shall comply with all the same
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24 accountability measures as are required of a charter school as
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 1 defined in subsection B of this section. The provisions of Sections
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2 3-140 and 3-142 of Title 70 of the Oklahoma Statutes shall not apply
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3 to a conversion school. Conversion schools shall comply with the
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4 same laws and State Board of Education rules relating to student
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5 enrollment which apply to traditional public schools. Conversion
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6 schools shall be funded by the board of education of the school
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7 district as a school site within the school district and funding
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8 shall not be affected by the conversion of the school.
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9 4. The board of education of a school district may vote to
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10 revert a conversion school back to a traditional public school at
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11 any time; provided, the change shall only occur during a break
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12 between school years.
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13 5. Unless otherwise provided for in this subsection, a
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14 conversion school shall retain the characteristics of a traditional
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15 public school.
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16 D. 1. Beginning July 1, 2023, the Statewide Charter School
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17 Board shall make publicly available a list of supplemental online
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18 courses which have been reviewed and certified by the Board to
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19 ensure that the courses are high quality options and are aligned
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20 with the subject matter standards adopted by the State Board of
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21 Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma
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22 Statutes. The Statewide Charter School Board shall give special
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23 emphasis on listing supplemental online courses in science,
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24 technology, engineering, and math (STEM), foreign language, and
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 1 advanced placement courses. School districts shall not be limited
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2 to selecting supplemental online courses that have been reviewed and
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3 certified by the Statewide Charter School Board and listed as
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4 provided for in this paragraph.
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5 2. In conjunction with the Office of Management and Enterprise
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6 Serv