1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1768 By: Thompson (Kristen) and
3 Paxton
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6 AS INTRODUCED
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7 An Act relating to schools; amending 70 O.S. 2021,
7 Section 1-109, which relates to length of the school
8 year; allowing a school district or certain charter
8 school to include emergency virtual days in certain
9 policy; providing reasons for which emergency virtual
9 days may be used; allowing the State Board of
10 Education to approve use of virtual instruction;
10 defining term; requiring notification within certain
11 time period; providing for contents of notification;
11 requiring the State Department of Education to make
12 certain determination within certain time period;
12 requiring a school district or charter school to
13 provide certain in-person instruction if certain
13 determination is made; providing process for appeal;
14 directing virtual instruction to consist of certain
14 number of hours; allowing the Department to audit
15 certain records and make certain determination;
15 requiring certain in-person instruction if certain
16 determination is made; providing process for appeal;
16 defining term; updating statutory language; updating
17 statutory reference; providing an effective date; and
17 declaring an emergency.
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20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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21 SECTION 1. AMENDATORY 70 O.S. 2021, Section 1-109, is
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22 amended to read as follows:
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 1 Section 1-109. A. For all public schools in Oklahoma this
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2 state, school shall actually be in session and classroom instruction
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3 offered:
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4 1. For not less than one hundred eighty (180) days; or
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5 2. For not less than one thousand eighty (1,080) hours each
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6 school year, if a district board of education adopts a school-hours
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7 policy and notifies the State Board of Education prior to October 15
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8 of the applicable school year; or
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9 3. Beginning with the 2021-2022 school year, for not less than
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10 one thousand eighty (1,080) hours with a minimum of one hundred
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11 sixty-five (165) days of instruction each school year, if a district
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12 board of education adopts a school-hours policy and notifies the
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13 State Board of Education prior to October 15 of the applicable
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14 school year; or
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15 4. Beginning with the 2021-2022 school year, for not less than
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16 one thousand eighty (1,080) hours each school year, if a district
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17 board of education adopts a school-hours policy, notifies the State
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18 Board of Education prior to October 15 of the applicable school
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19 year, and meets the requirements established by the State Board of
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20 Education pursuant to subsection H of this section.
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21 B. A school district may not count more than thirty (30) hours
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22 each school year that are used for attendance of professional
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23 meetings toward the one hundred eighty (180) days or one thousand
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 1 eighty (1,080) hours of classroom instruction time required in
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2 subsection A of this section.
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3 C. Teachers off contract with an employing district shall not
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4 be required by the employing school district to attend professional
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5 meetings unless the teacher is paid additional compensation for the
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6 additional time. Teachers may be paid additional compensation for
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7 attending professional meetings in excess of their contract term.
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8 Subject to district board of education policy or collective
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9 bargaining agreement, additional paid professional days may be
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10 granted for individual teachers to attend or participate in
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11 professional meetings, staff development training, or National Board
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12 certification portfolio development as provided for in Section 6-
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13 204.2 of this title.
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14 D. A school district may authorize parent-teacher conferences
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15 to be held during a regular school day. If authorized by the school
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16 district, parent-teacher conferences shall be counted as classroom
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17 instruction time for no more than six (6) hours per semester, for a
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18 total of twelve (12) hours per school year.
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19 E. A school district may maintain school for less than a full
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20 school year only when conditions beyond the control of school
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21 authorities make the maintenance of the term impossible and the
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22 State Board of Education has been apprised and has expressed
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23 concurrence in writing.
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 1 F. The State Board of Education shall establish criteria for an
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2 extended-day schedule for schools subject to paragraph 1 of
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3 subsection A of this section. The criteria shall:
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4 1. Prescribe a lengthened school day within limits determined
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5 not to be detrimental to quality instruction;
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6 2. Ensure that the schedule is equivalent in annual hours of
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7 instruction to the one-hundred-eighty-day school year specified in
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8 paragraph 1 of subsection A of this section; and
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9 3. Be consistent with the provisions of this section and
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10 Sections 1-111 and 1-112 of this title, but may result in fewer
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11 annual days of instruction.
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12 G. Notwithstanding the provisions of subsection F of this
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13 section, a school district board of education subject to paragraph 1
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14 of subsection A of this section may adopt and implement an extended-
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15 day schedule subject to the following requirements:
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16 1. The annual number of hours of instruction shall equal or
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17 exceed one thousand eighty (1,080) hours, which is the equivalent of
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18 one hundred eighty (180) days of instruction as specified in
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19 subsection A of this section for six (6) hours each day as specified
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20 in Section 1-111 of this title;
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21 2. The annual number of days of instruction shall equal or
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22 exceed one hundred eighty (180) days as specified in subsection A of
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23 this section;
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 1 3. The schedule adopted shall be consistent with the provisions
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2 of Sections 1-111 and 1-112 of this title, except that for not more
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3 than one (1) day per week, a school day shall consist of not less
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4 than five (5) hours devoted to academic instruction in a regular
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5 classroom setting;
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6 4. The district shall hold a public hearing prior to the
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7 adoption of an extended-day schedule authorized pursuant to this
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8 subsection; and
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9 5. The district shall document the impact on student
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10 achievement as determined by the academic performance data score and
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11 any other relevant factors that are a result of implementation of an
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12 extended-day schedule authorized pursuant to this subsection and
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13 provide an annual report to the State Board of Education of the
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14 results. If improvement in student achievement cannot be documented
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15 in the report, the district board of education shall revoke
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16 authorization as provided by this subsection. If the district does
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17 not revoke authorization after student achievement is not documented
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18 in the report, the State Board of Education may deny accreditation
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19 of any school in violation of this subsection.
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20 H. Beginning with the 2021-2022 school year, a school district
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21 board of education may adopt a school-hours policy as provided for
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22 by paragraph 4 of subsection A of this section only if it meets or
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23 exceeds the minimum guidelines for student performance and school
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24 district cost savings established by the State Board of Education.
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 1 The State Board of Education shall promulgate rules, subject to
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2 approval by the Legislature, establishing the minimum guidelines for
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3 student performance and school district cost savings.
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4 I. If subject to paragraph 2 of subsection A of this section, a
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5 district board of education or designee may elect to close a school
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6 during the school day for inclement weather purposes. In such an
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7 event, the number of hours incurred in classroom instruction time
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8 prior to school closure shall be counted toward the one thousand
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9 eighty (1,080) hours per year requirement.
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10 J. 1. A school district or charter school created pursuant to
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11 Section 3-132 of this title may include in its policy adopted
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12 pursuant to subsection A of this section one or more emergency
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13 virtual days during which instruction shall be delivered to students
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14 virtually. For the purposes of this subsection, reasons for an
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15 emergency virtual day shall only include inclement weather,
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16 unavailability of teachers and support staff due to illness, and
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17 building maintenance issues. No school district or charter school
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18 may close school to provide virtual instruction except as provided
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19 for in this subsection or as approved by the State Board of
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20 Education. For the purposes of this subsection, “virtual
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21 instruction” means the use of the internet or other digital
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22 information transmission systems as a form of instruction.
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23 2. a. If a school district administrator determines it
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24 necessary to use an emergency virtual day, he or she
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 1 shall notify the State Department of Education within
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2 seventy-two (72) hours of the determination being
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3 made. The notification shall include the date or
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4 dates during which virtual instruction was to be
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5 provided and the reason for providing virtual
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6 instruction.
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7 b. Within one calendar week of receiving the notification
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8 required by subparagraph a of this paragraph, the
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9 State Department of Education shall determine whether
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10 the use of virtual instruction complied with the
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11 provisions of this subsection. If the Department
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12 determines use of virtual instruction did not comply
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13 with the provisions of this subsection, the school
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14 district or charter school shall be required to
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15 provide an additional day of in-person instruction.
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16 c. If the State Department of Education determines use of
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17 virtual instruction did not comply with the provisions
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18 of this subsection, the school district or charter
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19 school may appeal the decision to the State Board of
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20 Education.
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21 3. a. Instruction delivered virtually pursuant to the
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22 provisions of this subsection shall consist of:
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23 (1) a minimum of five and one-half (5 1/2) hours for
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24 grades kindergarten through eight including at
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 1 least three (3) hours of synchronous instruction,
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2 and
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3 (2) a minimum of six hours for grades nine through
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4 twelve including at least four (4) hours of
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5 synchronous instruction.
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6 b. Upon receiving the notification required by
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7 subparagraph a of paragraph 2 of this subsection, the
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8 State Department of Education may audit school
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9 district or charter school records to determine
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10 whether a majority of students enrolled in the school
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11 district or charter school complied with the minimum
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12 hours of synchronous instruction required by this
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13 paragraph. If the Department determines less than a
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14 majority of students enrolled in the school district
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15 or charter school complied with the minimum hours
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16 required by this paragraph, the school district or
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17 charter school shall be required to provide an
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18 additional day of in-person instruction.
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19 c. If the State Department of Education determines less
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20 than a majority of students enrolled in the school
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21 district or charter school complied with the minimum
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22 hours required by this paragraph, the school district
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23 or charter school may appeal the decision to the State
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24 Board of Education.
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 1 For the purposes of this subsection, “synchronous instruction” means
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2 real-time interaction between a teacher and students as the primary
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3 format of instruction.
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4 K. Nothing in this section shall be construed as affecting the
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5 right of an employing school district to require teachers as defined
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6 in Section 6-101.3 of this title to work in excess of the one
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7 thousand eighty (1,080) hours required for student instruction. In
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8 addition, nothing in this section shall be construed to affect the
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9 Fair Labor Standards Act of 1938 status of any school district
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10 employee.
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11 K. L. The provisions of this section shall not prohibit the
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12 Oklahoma School for the Blind or the Oklahoma School for the Deaf
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13 from adopting an alternative school-hours policy if the Oklahoma
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14 School for the Blind or the Oklahoma School for the Deaf notifies
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15 and receives approval from the State Board of Education prior to
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16 October 15 of the applicable school year.
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17 SECTION 2. This act shall become effective July 1, 2024.
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18 SECTION 3. It being immediately necessary for the preservation
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19 of the public peace, health, or safety, an emergency is hereby
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20 declared to exist, by reason whereof this act shall take effect and
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21 be in full force from and after its passage and approval.
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23 59-2-2303 EB 1/17/2024 12:03:50 PM
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