Bill Text For SB0143 - Engrossed

 1|ENGROSSED SENATE                                                       |
  |BILL NO. 143                         By: Stanislawski of the Senate    |
 2|                                                                       |
  |                                         and                           |
 3|                                                                       |
  |                                         Fincher of the House          |
 4|                                                                       |
  |                                                                       |
 5|                                                                       |
  |                                                                       |
 6|                                                                       |
  |                                                                       |
 7|       An Act relating to charter schools; amending 70 O.S.            |
  |       2011, Section 3-136, as amended by Section 1, Chapter           |
 8|       277, O.S.L. 2014 (70 O.S. Supp. 2018, Section 3-136),           |
  |       which relates to rules and standards with which                 |
 9|       charter schools must comply; requiring a charter                |
  |       school that contracts with a management organization            |
10|       to report the total amount spent and itemized                   |
  |       expenditure data using certain system; requiring                |
11|       expenditure data to include information about certain           |
  |       compensation package; providing an effective date;              |
12|       and declaring an emergency.                                     |
  |                                                                       |
13|                                                                       |
  |                                                                       |
14|                                                                       |
  |                                                                       |
15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
  |                                                                       |
16|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 3-136, as      |
  |                                                                       |
17|amended by Section 1, Chapter 277, O.S.L. 2014 (70 O.S. Supp. 2018,    |
  |                                                                       |
18|Section 3-136), is amended to read as follows:                         |
  |                                                                       |
19|    Section 3-136.  A.  A charter school shall adopt a charter which   |
  |                                                                       |
20|will ensure compliance with the following:                             |
  |                                                                       |
21|    1.  A charter school shall comply with all federal regulations     |
  |                                                                       |
22|and state and local rules and statutes relating to health, safety,     |
  |                                                                       |
23|civil rights and insurance.  By January 1, 2000, the State             |
  |                                                                       |
24|Department of Education shall prepare a list of relevant rules and     |
  |                                                                       |
                                                                   Page 1
___________________________________________________________________________

 1|statutes which a charter school must comply with as required by this   |
  |                                                                       |
 2|paragraph and shall annually provide an update to the list;            |
  |                                                                       |
 3|    2.  A charter school shall be nonsectarian in its programs,        |
  |                                                                       |
 4|admission policies, employment practices, and all other operations.    |
  |                                                                       |
 5|A sponsor may not authorize a charter school or program that is        |
  |                                                                       |
 6|affiliated with a nonpublic sectarian school or religious              |
  |                                                                       |
 7|institution;                                                           |
  |                                                                       |
 8|    3.  The charter school may provide a comprehensive program of      |
  |                                                                       |
 9|instruction for a prekindergarten program, a kindergarten program or   |
  |                                                                       |
10|any grade between grades one and twelve.  Instruction may be           |
  |                                                                       |
11|provided to all persons between the ages of four (4) and twenty-one    |
  |                                                                       |
12|(21) years.  A charter school may offer a curriculum which             |
  |                                                                       |
13|emphasizes a specific learning philosophy or style or certain          |
  |                                                                       |
14|subject areas such as mathematics, science, fine arts, performance     |
  |                                                                       |
15|arts, or foreign language.  The charter of a charter school which      |
  |                                                                       |
16|offers grades nine through twelve shall specifically address whether   |
  |                                                                       |
17|the charter school will comply with the graduation requirements        |
  |                                                                       |
18|established in Section 11-103.6 of this title.  No charter school      |
  |                                                                       |
19|shall be chartered for the purpose of offering a curriculum for deaf   |
  |                                                                       |
20|or blind students that is the same or similar to the curriculum        |
  |                                                                       |
21|being provided by or for educating deaf or blind students that are     |
  |                                                                       |
22|being served by the Oklahoma School for the Blind or the Oklahoma      |
  |                                                                       |
23|School for the Deaf;                                                   |
  |                                                                       |
24|                                                                       |
  |                                                                       |
                                                                   Page 2
___________________________________________________________________________

 1|    4.  A charter school shall participate in the testing as           |
  |                                                                       |
 2|required by the Oklahoma School Testing Program Act and the            |
  |                                                                       |
 3|reporting of test results as is required of a school district.  A      |
  |                                                                       |
 4|charter school shall also provide any necessary data to the Office     |
  |                                                                       |
 5|of Accountability;                                                     |
  |                                                                       |
 6|    5.  Except as provided for in the Oklahoma Charter Schools Act     |
  |                                                                       |
 7|and its charter, a charter school shall be exempt from all statutes    |
  |                                                                       |
 8|and rules relating to schools, boards of education, and school         |
  |                                                                       |
 9|districts;                                                             |
  |                                                                       |
10|    6.  a.     A charter school, to the extent possible, shall be      |
  |                                                                       |
11|              subject to the same reporting requirements, financial    |
  |                                                                       |
12|              audits, audit procedures, and audit requirements as a    |
  |                                                                       |
13|              school district.  The State Department of Education or   |
  |                                                                       |
14|              State Auditor and Inspector may conduct financial,       |
  |                                                                       |
15|              program, or compliance audits.  A charter school shall   |
  |                                                                       |
16|              use the Oklahoma Cost Accounting System to report        |
  |                                                                       |
17|              financial transactions to the sponsoring school          |
  |                                                                       |
18|              district.                                                |
  |                                                                       |
19|         b.    A charter school that contracts with a management       |
  |                                                                       |
20|              organization shall use the Oklahoma Cost Accounting      |
  |                                                                       |
21|              System to report the total amount paid to a management   |
  |                                                                       |
22|              organization as well as itemized expenditure             |
  |                                                                       |
23|              information for the goods or services provided by the    |
  |                                                                       |
24|              management organization, including but not limited to    |
  |                                                                       |
                                                                   Page 3
___________________________________________________________________________

 1|              the total compensation package of the superintendent     |
  |                                                                       |
 2|              including the base salary, insurance, retirement and     |
  |                                                                       |
 3|              other fringe benefits;                                   |
  |                                                                       |
 4|    7.  A charter school shall comply with all federal and state       |
  |                                                                       |
 5|laws relating to the education of children with disabilities in the    |
  |                                                                       |
 6|same manner as a school district;                                      |
  |                                                                       |
 7|    8.  A charter school shall provide for a governing body for the    |
  |                                                                       |
 8|school which shall be responsible for the policies and operational     |
  |                                                                       |
 9|decisions of the charter school;                                       |
  |                                                                       |
10|    9.  A charter school shall not be used as a method of generating   |
  |                                                                       |
11|revenue for students who are being home schooled and are not being     |
  |                                                                       |
12|educated at an organized charter school site;                          |
  |                                                                       |
13|    10.  A charter school may not charge tuition or fees;              |
  |                                                                       |
14|    11.  A charter school shall provide instruction each year for at   |
  |                                                                       |
15|least the number of days required in Section 1-109 of this title;      |
  |                                                                       |
16|    12.  A charter school shall comply with the student suspension     |
  |                                                                       |
17|requirements provided for in Section 24-101.3 of this title;           |
  |                                                                       |
18|    13.  A charter school shall be considered a school district for    |
  |                                                                       |
19|purposes of tort liability under The Governmental Tort Claims Act;     |
  |                                                                       |
20|    14.  Employees of a charter school may participate as members of   |
  |                                                                       |
21|the Teachers' Retirement System of Oklahoma in accordance with         |
  |                                                                       |
22|applicable statutes and rules if otherwise allowed pursuant to law;    |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
                                                                   Page 4
___________________________________________________________________________

 1|    15.  A charter school may participate in all health and related    |
  |                                                                       |
 2|insurance programs available to the employees of the sponsor of the    |
  |                                                                       |
 3|charter school;                                                        |
  |                                                                       |
 4|    16.  A charter school shall comply with the Oklahoma Open          |
  |                                                                       |
 5|Meeting Act and the Oklahoma Open Records Act;                         |
  |                                                                       |
 6|    17.  The governing body of a charter school shall be subject to    |
  |                                                                       |
 7|the same conflict of interest requirements as a member of a local      |
  |                                                                       |
 8|school board; and                                                      |
  |                                                                       |
 9|    18.  No later than September 1 each year, the governing board of   |
  |                                                                       |
10|each charter school formed pursuant to the Oklahoma Charter Schools    |
  |                                                                       |
11|Act shall prepare a statement of actual income and expenditures for    |
  |                                                                       |
12|the charter school for the fiscal year that ended on the preceding     |
  |                                                                       |
13|June 30, in a manner compliant with Section 5-135 of this title.       |
  |                                                                       |
14|The statement of expenditures shall include functional categories as   |
  |                                                                       |
15|defined in rules adopted by the State Board of Education to            |
  |                                                                       |
16|implement the Oklahoma Cost Accounting System pursuant to Section      |
  |                                                                       |
17|5-145 of this title.  Charter schools shall not be permitted to        |
  |                                                                       |
18|submit estimates of expenditures or prorated amounts to fulfill the    |
  |                                                                       |
19|requirements of this paragraph.                                        |
  |                                                                       |
20|    B.  The charter of a charter school shall include a description    |
  |                                                                       |
21|of the personnel policies, personnel qualifications, and method of     |
  |                                                                       |
22|school governance, and the specific role and duties of the sponsor     |
  |                                                                       |
23|of the charter school.                                                 |
  |                                                                       |
24|                                                                       |
  |                                                                       |
                                                                   Page 5
___________________________________________________________________________

 1|    C.  The charter of a charter school may be amended at the          |
  |                                                                       |
 2|request of the governing body of the charter school and upon the       |
  |                                                                       |
 3|approval of the sponsor.                                               |
  |                                                                       |
 4|    D.  A charter school may enter into contracts and sue and be       |
  |                                                                       |
 5|sued.                                                                  |
  |                                                                       |
 6|    E.  The governing body of a charter school may not levy taxes or   |
  |                                                                       |
 7|issue bonds.                                                           |
  |                                                                       |
 8|    F.  The charter of a charter school shall include a provision      |
  |                                                                       |
 9|specifying the method or methods to be employed for disposing of       |
  |                                                                       |
10|real and personal property acquired by the charter school upon         |
  |                                                                       |
11|expiration or termination of the charter or failure of the charter     |
  |                                                                       |
12|school to continue operations.  Except as otherwise provided, any      |
  |                                                                       |
13|real or personal property purchased with state or local funds shall    |
  |                                                                       |
14|be retained by the sponsoring school district.  If a charter school    |
  |                                                                       |
15|that was previously sponsored by the board of education of a school    |
  |                                                                       |
16|district continues operation within the school district under a new    |
  |                                                                       |
17|charter sponsored by an entity authorized pursuant to Section 3-132    |
  |                                                                       |
18|of this title, the charter school may retain any personal property     |
  |                                                                       |
19|purchased with state or local funds for use in the operation of the    |
  |                                                                       |
20|charter school until termination of the new charter or failure of      |
  |                                                                       |
21|the charter school to continue operations.                             |
  |                                                                       |
22|    SECTION 2.  This act shall become effective July 1, 2019.          |
  |                                                                       |
23|    SECTION 3.  It being immediately necessary for the preservation    |
  |                                                                       |
24|of the public peace, health or safety, an emergency is hereby          |
  |                                                                       |
                                                                   Page 6
___________________________________________________________________________

 1|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
 2|be in full force from and after its passage and approval.              |
  |                                                                       |
 3|    Passed the Senate the 5th day of March, 2019.                      |
  |                                                                       |
 4|                                                                       |
  |                                                                       |
 5|                                                                       |
  |                                    Presiding Officer of the Senate    |
 6|                                                                       |
  |                                                                       |
 7|    Passed the House of Representatives the ____ day of __________,    |
  |                                                                       |
 8|2019.                                                                  |
  |                                                                       |
 9|                                                                       |
  |                                                                       |
10|                                                                       |
  |                                     Presiding Officer of the House    |
11|                                                 of Representatives    |
  |                                                                       |
12|                                                                       |
  |                                                                       |
13|                                                                       |
  |                                                                       |
14|                                                                       |
  |                                                                       |
15|                                                                       |
  |                                                                       |
16|                                                                       |
  |                                                                       |
17|                                                                       |
  |                                                                       |
18|                                                                       |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
                                                                   Page 7
© 2010-21 eCapitol, LLC. ALL RIGHTS RESERVED.

As provided by this agreement access to bill tracking / capitol news services is restricted to the registered User. The User shall have no right to divulge, publish, loan, give or sell any of the information provided under this agreement. Information retrieved from system may not be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any language in any form by any means without the written permission of eCapitol, LLC. All other rights reserved. If a person uses a copyrighted work without permission of the rights holder, he or she is open to a charge of copyright infringement. Additional terms and conditions governing the access to and use of eCapitol website and the services and materials provided by eCapitol are set forth in the eCapitol Subscriber Agreement posted on the eCapitol website.