Bill Text For SB0153 - Committee Substitute

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 57th Legislature (2019)                |
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 3|COMMITTEE SUBSTITUTE                                                   |
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 4|SENATE BILL 153                      By: Stanislawski                  |
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 7|                        COMMITTEE SUBSTITUTE                           |
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 8|       An Act relating to charter school funding; amending             |
  |       70 O.S. 2011, Section 3-142, as last amended by                 |
 9|       Section 6, Chapter 170, O.S.L. 2015 (70 O.S. Supp.              |
  |       2018, Section 3-142), which relates to calculation of           |
10|       charter school funding; directing a charter school              |
  |       that has been in operation for certain number of                |
11|       years to receive certain funding amount to be used              |
  |       for certain capital projects and improvements;                  |
12|       excluding certain statewide virtual charter schools             |
  |       from certain provisions; providing an effective date;           |
13|       and declaring an emergency.                                     |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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17|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 3-142, as      |
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18|last amended by Section 6, Chapter 170, O.S.L. 2015 (70 O.S. Supp.     |
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19|2018, Section 3-142), is amended to read as follows:                   |
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20|    Section 3-142.  A.  For purposes of funding, a charter school      |
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21|sponsored by a board of education of a school district shall be        |
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22|considered a site within the school district in which the charter      |
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23|school is located.  The student membership of the charter school       |
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24|shall be considered separate from the student membership of the        |
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   Req. No. 2013                                                   Page 1
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 1|district in which the charter school is located for the purpose of     |
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 2|calculating weighted average daily membership pursuant to Section      |
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 3|18-201.1 of this title and State Aid pursuant to Section 18-200.1 of   |
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 4|this title.  For charter schools sponsored by a board of education     |
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 5|of a school district, the sum of the separate calculations for the     |
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 6|charter school and the school district shall be used to determine      |
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 7|the total State Aid allocation for the district in which the charter   |
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 8|school is located.  A charter school shall receive from the            |
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 9|sponsoring school district, the State Aid allocation and any other     |
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10|state-appropriated revenue generated by its students for the           |
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11|applicable year, less up to five percent (5%) of the State Aid         |
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12|allocation, which may be retained by the school district as a fee      |
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13|for administrative services rendered.  For charter schools sponsored   |
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14|by the board of education of a technology center school district, a    |
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15|higher education institution, the State Board of Education, or a       |
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16|federally recognized Indian tribe and for statewide virtual charter    |
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17|schools sponsored by the Statewide Virtual Charter School Board, the   |
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18|State Aid allocation for the charter school shall be distributed by    |
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19|the State Board of Education and not more than five percent (5%) of    |
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20|the State Aid allocation may be charged by the sponsor as a fee for    |
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21|administrative services rendered.  The State Board of Education        |
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22|shall determine the policy and procedure for making payments to a      |
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23|charter school.  The fee for administrative services as authorized     |
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24|in this subsection shall only be assessed on the State Aid             |
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   Req. No. 2013                                                   Page 2
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 1|allocation amount and shall not be assessed on any other               |
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 2|appropriated amounts.                                                  |
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 3|    B.  1.  The weighted average daily membership for the first year   |
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 4|of operation of a charter school shall be determined initially by      |
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 5|multiplying the actual enrollment of students as of August 1 by        |
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 6|1.333.  The charter school shall receive revenue equal to that which   |
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 7|would be generated by the estimated weighted average daily             |
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 8|membership calculated pursuant to this paragraph.  At midyear, the     |
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 9|allocation for the charter school shall be adjusted using the first    |
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10|quarter weighted average daily membership for the charter school       |
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11|calculated pursuant to subsection A of this section.                   |
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12|    2.  Beginning in the 2019-2020 school year, a charter school       |
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13|that has been in operation for two or more years shall receive an      |
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14|amount equal to the weighted average daily membership of the charter   |
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15|school multiplied by a building fund weight of 0.05.  The funding      |
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16|allocated pursuant to this paragraph may be used for capital           |
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17|projects and improvements including, but not limited to, erecting,     |
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18|remodeling, repairing or maintaining school buildings.  The            |
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19|provisions of this paragraph shall not apply to a statewide virtual    |
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20|charter school sponsored by the Statewide Virtual Charter School       |
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21|Board pursuant to Section 3-145.3 of this title.                       |
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22|    3.  For the purpose of calculating weighted average daily          |
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23|membership pursuant to Section 18-201.1 of this title and State Aid    |
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24|pursuant to Section 18-200.1 of this title, the weighted average       |
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   Req. No. 2013                                                   Page 3
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 1|daily membership for the first year of operation and each year         |
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 2|thereafter of a full-time virtual charter school shall be determined   |
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 3|by multiplying the actual enrollment of students as of August 1 by     |
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 4|1.333.  The full-time virtual charter school shall receive revenue     |
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 5|equal to that which would be generated by the estimated weighted       |
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 6|average daily membership calculated pursuant to this paragraph.  At    |
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 7|midyear, the allocation for the full-time virtual charter school       |
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 8|shall be adjusted using the first quarter weighted average daily       |
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 9|membership for the virtual charter school calculated pursuant to       |
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10|subsection A of this section.                                          |
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11|    C.  A charter school shall be eligible to receive any other aid,   |
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12|grants or revenues allowed to other schools.  A charter school         |
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13|sponsored by the board of education of a technology center school      |
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14|district, a higher education institution, the State Board of           |
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15|Education, or a federally recognized Indian tribe shall be             |
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16|considered a local education agency for purposes of funding.  A        |
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17|charter school sponsored by a board of education of a school           |
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18|district shall be considered a local education agency for purposes     |
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19|of federal funding.                                                    |
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20|    D.  A charter school, in addition to the money received from the   |
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21|state, may receive money from any other source.  Any unexpended        |
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22|funds may be reserved and used for future purposes.  The governing     |
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23|body of a charter school shall not levy taxes or issue bonds.  If      |
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24|otherwise allowed by law, the governing body of a charter school may   |
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   Req. No. 2013                                                   Page 4
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 1|enter into private contracts for the purposes of borrowing money       |
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 2|from lenders.  If the governing body of the charter school borrows     |
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 3|money, the charter school shall be solely responsible for repaying     |
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 4|the debt, and the state or the sponsor shall not in any way be         |
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 5|responsible or obligated to repay the debt.                            |
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 6|    E.  Any charter school which chooses to lease property shall be    |
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 7|eligible to receive current government lease rates.                    |
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 8|    SECTION 2.  This act shall become effective July 1, 2019.          |
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 9|    SECTION 3.  It being immediately necessary for the preservation    |
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10|of the public peace, health or safety, an emergency is hereby          |
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11|declared to exist, by reason whereof this act shall take effect and    |
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12|be in full force from and after its passage and approval.              |
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14|    57-1-2013      EB        2/26/2019 11:18:56 AM                     |
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