1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1895 By: Thompson (Kristen)
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6 AS INTRODUCED
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7 An Act relating to alternative education; amending 70
7 O.S. 2021, Section 1210.568, which relates to a
8 statewide system of alternative education programs;
8 removing outdated language; directing certain
9 statewide system to include certain designated
9 schools; allowing a school district to implement
10 certain program using full-time virtual or blended
10 instruction; subjecting certain charter schools and
11 virtual charter schools to certain provisions;
11 providing an effective date; and declaring an
12 emergency.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.568, is
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17 amended to read as follows:
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18 Section 1210.568. A. 1. Beginning with the first semester of
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19 the 1996-1997 school year, the State Board of Education shall
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20 implement a statewide system of alternative education programs which
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21 shall be phased-in within seven (7) years. The statewide system
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22 shall include but not be limited to Alternative Approaches grant
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23 programs, funded pursuant to Section 1210.561 of this title, and
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 1 alternative academies or alternative programs implemented pursuant
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2 to this section.
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3 2. Beginning with the first semester of the 2020-2021 school
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4 year, the State Board of Education shall implement a statewide
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5 system of alternative education. The statewide system shall include
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6 alternative education programs implemented pursuant to this section
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7 and charter schools and virtual charter schools that have been
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8 designated by the State Department of Education as implementing an
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9 alternative education program.
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10 B. All school districts of this state serving students in
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11 grades seven through twelve shall provide alternative education
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12 programs that conform to the requirements of statutes and rules
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13 applicable to alternative education. A program shall:
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14 1. Allow class sizes and student/teacher ratios which are
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15 conducive to effective learning for at-risk students;
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16 2. Incorporate appropriate structure, curriculum, and
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17 interaction and reinforcement strategies designed to provide
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18 effective instruction;
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19 3. Include an intake and screening process to determine
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20 eligibility of students;
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21 4. Demonstrate that teaching faculty are appropriately
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22 certified teachers;
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23 5. Demonstrate that teaching faculty have been selected on the
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24 basis of a record of successful work with at-risk students or
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 1 personal and educational factors that qualify them for work with at-
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2 risk students;
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3 6. Reflect appropriate collaborative efforts with state
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4 agencies and local agencies serving youth;
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5 7. Provide courses that meet the academic curricula standards
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6 adopted by the State Board of Education and additional remedial
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7 courses;
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8 8. Offer individualized instruction;
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9 9. State clear and measurable program goals and objectives;
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10 10. Include counseling and social services components;
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11 11. Require a plan leading to graduation be developed for each
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12 student in the program which will allow the student to participate
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13 in graduation exercises at the sending school or district after
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14 meeting the requirements of the school district as specified in the
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15 individual graduation plan for that student; provided, the
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16 graduation plan required by this paragraph shall not be separate
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17 from the plan required by Section 1210.508-4 of this title;
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18 12. Offer life skills instruction;
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19 13. Provide opportunities for hands-on arts education to
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20 students, including artist residency programs coordinated with the
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21 Oklahoma Arts Council;
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22 14. Provide a proposed annual budget;
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23 15. Be appropriately designed to serve middle school, junior
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24 high school, and high school students in grades seven through twelve
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 1 who are most at risk of not completing a high school education for a
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2 reason other than that identified in Section 13-101 of this title;
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3 and
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4 16. Allow students in the alternative education program, who
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5 otherwise meet all of the participation requirements, to participate
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6 in vocational programs and extracurricular activities at the sending
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7 school or district, including, but not limited to athletics, band,
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8 and clubs.
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9 C. The alternative education program of a school district shall
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10 be operational and serving students by September 1 of each school
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11 year.
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12 D. A school district may implement an alternative education
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13 program using a full-time virtual education program or blended
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14 instruction, as defined by Section 1-111 of this title.
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15 E. Charter schools and virtual charter schools that have been
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16 designated by the State Department of Education as implementing an
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17 alternative education program shall be subject to:
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18 1. A separate performance framework as provided for in
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19 paragraph 18 of subsection A of Section 3-136 of this title; and
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20 2. The attendance policies outlined in Section 3-145.8 of this
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21 title.
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22 F. 1. Each alternative education program of a school district
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23 shall receive funding based on the average daily membership (ADM) of
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24 students served by an alternative education program in the prior
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 1 school year according to the annual statistical report conducted by
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2 the State Department of Education. The per-student funding amount
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3 shall be based on the funding available for the program each fiscal
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4 year.
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5 2. Of the funding available for alternative education programs
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6 each fiscal year, the State Department of Education shall designate
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7 up to fifteen percent (15%) for districts participating in
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8 cooperative agreements for alternative education services, which
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9 shall be allocated on a pro rata basis as an incentive to each
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10 participating district. The incentive amount received by each
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11 district for participating in a cooperative agreement shall not
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12 exceed Six Thousand Dollars ($6,000.00) per fiscal year and shall be
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13 in addition to the per-student funding amount required by paragraph
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14 1 of this subsection. Any funds remaining after allocations
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15 required by this paragraph are made shall be distributed to
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16 districts in accordance with paragraph 1 of this subsection.
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17 3. Statewide alternative education funding shall not be used to
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18 supplant existing school district resources or to support programs
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19 that do not meet all the criteria for the statewide alternative
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20 education system.
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21 E. G. All statewide alternative education funds received and
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22 expended for students participating in an alternative education
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23 program shall be reported to the State Department of Education by
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24 major object codes and by program classifications pursuant to the
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 1 Oklahoma Cost Accounting System as adopted by the State Board of
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2 Education pursuant to Section 5-135 of this title.
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3 F. H. Elementary school districts, as defined in Section 5-103
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4 of this title, may request a waiver by May 15 of each year from the
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5 State Board of Education from the requirements of this section to
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6 implement and provide an alternative education program. Any request
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7 for a waiver shall be accompanied by an assurance that the school
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8 district does not have students in need of alternative education
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9 services. If a school district is granted a waiver, no statewide
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10 alternative education funding shall be allocated to the district.
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11 G. I. 1. The State Board of Education shall:
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12 a. provide initial and ongoing training of personnel who
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13 will educate at-risk populations through alternative
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14 education programs,
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15 b. provide technical assistance to school districts to
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16 enhance the probability of success of their
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17 alternative education programs,
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18 c. evaluate state-funded alternative education programs,
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19 d. report the evaluation results of state-funded
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20 alternative education programs, and
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21 e. provide in-depth program analysis and evaluation of
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22 state-funded alternative education programs.
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 1 2. The State Board of Education may create an evaluation
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2 schedule for effective and highly effective programs, requiring them
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3 to be evaluated not less than once every three (3) years.
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4 3. The State Board of Education may contract with a technical
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5 assistance provider in order to meet the requirements of this
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6 subsection.
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7 4. The State Board of Education shall have the authority to
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8 suspend funds for an alternative education program that does not
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9 meet the requirements of subsection B of this section. Provided,
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10 any school district under consideration for suspension of funds may
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11 request a hearing before the Board with a review of the evaluation
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12 prior to the Board’s final determination.
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13 H. J. All alternative education programs shall be subject to
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14 statutes and rules applicable to alternative education, including
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15 any exemptions from statutory or regulatory requirements authorized
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16 by statutes or rule.
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17 I. K. An alternative education program may be offered by an
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18 individual school district or may be offered jointly by school
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19 districts that have formed interlocal cooperative agreements
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20 pursuant to Section 5-117b of this title. Any school district
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21 submitting a plan for an alternative education program serving fewer
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22 than ten students shall enter into a cooperative agreement with
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23 another school district to jointly provide the program unless the
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24 program has been granted a waiver from this requirement by the State
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 1 Board of Education. A school district participating in a
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2 cooperative agreement shall be required to send its alternative
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3 education funding allocation to the cooperative.
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4 J. L. Any materials or equipment purchased by a school district
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5 with revenue received for students participating in an alternative
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6 education program shall be used only in or directly for the
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7 alternative education program offered by the district or any
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8 subsequent alternative education program offered to students
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9 enrolled in that district. Such materials and equipment shall be
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10 made available exclusively to alternative education students during
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11 the hours that the alternative education program is operating;
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12 provided, the material or equipment may be used for other purposes
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13 when the alternative education program is not operating.
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14 SECTION 2. This act shall become effective July 1, 2024.
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15 SECTION 3. It being immediately necessary for the preservation
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16 of the public peace, health, or safety, an emergency is hereby
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17 declared to exist, by reason whereof this act shall take effect and
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18 be in full force from and after its passage and approval.
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20 59-2-2718 EB 1/18/2024 9:18:04 AM
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