Bill Text For SB0239 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 58th Legislature (2021)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 239                         By: Pemberton of the Senate       |
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  |                                         and                           |
 6|                                                                       |
  |                                         Hasenbeck and Hardin          |
 7|                                         (David) of the House          |
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 9|                                                                       |
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10|       An Act relating to charter schools; amending 70 O.S.            |
  |       2011, Section 3-132, as last amended by Section 29,             |
11|       Chapter 42, O.S.L. 2017 (70 O.S. Supp. 2020, Section            |
  |       3-132), which relates to charter school sponsorship;            |
12|       clarifying criteria for the State Board of Education            |
  |       to sponsor certain charter school; requiring the                |
13|       State Department of Education to make certain                   |
  |       determination and recommendation prior to the State             |
14|       Board of Education sponsoring a charter school;                 |
  |       directing the Board to provide certain opportunity to           |
15|       be heard prior to sponsoring a charter school;                  |
  |       requiring demonstration of certain support to come              |
16|       from within certain geographical boundaries;                    |
  |       requiring an applicant to adhere to certain                     |
17|       requirements; updating statutory reference; amending            |
  |       70 O.S. 2011, Section 3-134, as amended by Section 2,           |
18|       Chapter 170, O.S.L. 2015 (70 O.S. Supp. 2020, Section           |
  |       3-134), which relates to charter school applications;           |
19|       providing appeal process procedures and requirements            |
  |       for certain charter school sponsorship appeals;                 |
20|       providing an effective date; and declaring an                   |
  |       emergency.                                                      |
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23|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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arsid2574118 SB239 HFLR                                            Page 1
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 1|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 3-132, as      |
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 2|last amended by Section 29, Chapter 42, O.S.L. 2017 (70 O.S. Supp.     |
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 3|2020, Section 3-132), is amended to read as follows:                   |
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 4|    Section 3-132.  A.  The Oklahoma Charter Schools Act shall apply   |
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 5|only to charter schools formed and operated under the provisions of    |
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 6|the act Oklahoma Charter Schools Act.  Charter schools shall be        |
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 7|sponsored only as follows:                                             |
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 8|    1.  By any school district located in the State of Oklahoma this   |
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 9|state, provided such charter school shall only be located within the   |
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10|geographical boundaries of the sponsoring district and subject to      |
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11|the restrictions of Section 3-145.6 of this title;                     |
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12|    2.  By a technology center school district if the charter school   |
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13|is located in a school district served by the technology center        |
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14|school district in which all or part of the school district is         |
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15|located in a county having more than five hundred thousand (500,000)   |
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16|population according to the latest Federal Decennial Census;           |
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17|    3.  By a technology center school district if the charter school   |
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18|is located in a school district served by the technology center        |
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19|school district and the school district has a school site that has     |
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20|been identified as in need of improvement by the State Board of        |
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21|Education pursuant to the Elementary and Secondary Education Act of    |
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22|1965, as amended or reauthorized;                                      |
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23|    4.  By an accredited comprehensive or regional institution that    |
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24|is a member of The Oklahoma State System of Higher Education or a      |
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arsid2574118 SB239 HFLR                                            Page 2
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 1|community college if the charter school is located in a school         |
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 2|district in which all or part of the school district is located in a   |
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 3|county having more than five hundred thousand (500,000) population     |
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 4|according to the latest Federal Decennial Census;                      |
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 5|    5.  By a comprehensive or regional institution that is a member    |
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 6|of The Oklahoma State System of Higher Education if the charter        |
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 7|school is located in a school district that has a school site that     |
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 8|has been identified as in need of improvement by the State Board of    |
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 9|Education pursuant to the Elementary and Secondary Education Act of    |
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10|1965, as amended or reauthorized.  In addition, the institution        |
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11|shall have a teacher education program accredited by the Oklahoma      |
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12|Commission for Teacher Preparation and have a branch campus or         |
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13|constituent agency physically located within the school district in    |
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14|which the charter school is located in the State of Oklahoma;          |
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15|    6.  By a federally recognized Indian tribe, operating a high       |
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16|school under the authority of the Bureau of Indian Affairs as of       |
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17|November 1, 2010, if the charter school is for the purpose of          |
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18|demonstrating native language immersion instruction, and is located    |
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19|within its former reservation or treaty area boundaries.  For          |
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20|purposes of this paragraph, native language immersion instruction      |
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21|shall require that educational instruction and other activities        |
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22|conducted at the school site are primarily conducted in the native     |
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23|language;                                                              |
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arsid2574118 SB239 HFLR                                            Page 3
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 1|    7.  By the State Board of Education when the applicant of the      |
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 2|charter school is the Office of Juvenile Affairs or the applicant      |
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 3|has a contract with the Office of Juvenile Affairs to provide a        |
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 4|fixed rate level E, D, or D+ group home service and the charter        |
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 5|school is for the purpose of providing education services to youth     |
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 6|in the custody or supervision of the state.  Not more than two         |
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 7|charter schools shall be sponsored by the Board as provided for in     |
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 8|this paragraph during the period of time beginning July 1, 2010,       |
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 9|through July 1, 2016;                                                  |
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10|    8.  By a federally recognized Indian tribe only when the charter   |
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11|school is located within the former reservation or treaty area         |
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12|boundaries of the tribe on property held in trust by the Bureau of     |
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13|Indian Affairs of the United States Department of the Interior for     |
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14|the benefit of the tribe; or                                           |
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15|    9.  By the State Board of Education when the after an applicant    |
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16|has first been denied a charter by the local school district in        |
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17|which it seeks to operate and has appealed the decision pursuant to    |
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18|subsection E of Section 3-134 of this title.  In counties with fewer   |
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19|than five hundred thousand (500,000) population, according to the      |
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20|latest Federal Decennial Census, the State Board of Education shall    |
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21|not sponsor more than five charter schools per year each year for      |
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22|the first five (5) years after the effective date of this act August   |
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23|21, 2015, with not more than one charter school sponsored in a         |
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24|single school district per year.  The Board shall not sponsor a        |
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arsid2574118 SB239 HFLR                                            Page 4
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 1|charter school unless the State Department of Education has made a     |
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 2|determination and recommendation that the Board has the capacity,      |
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 3|both in financial and personnel resources, to sponsor a charter        |
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 4|school and the capacity to adhere to the contractual requirements      |
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 5|and follow the sponsor contract guidelines outlined in Section 3-135   |
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 6|of this title.  In order to authorize a charter school under this      |
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 7|section, the State Board of Education shall first provide an           |
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 8|opportunity to be heard to the applicant and the school district       |
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 9|board of education as provided for in subsection E of Section 3-134    |
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10|of this title and find evidence of all of the following:               |
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11|         a.    a thorough and high-quality charter school              |
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12|              application from the applicant based on the              |
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13|              authorizing standards in subsection B of Section 3-134   |
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14|              of this title,                                           |
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15|         b.    a clear demonstration of community support for by       |
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16|              members of the community within the geographical         |
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17|              boundaries of the proposed charter school, and           |
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18|         c.    the grounds and basis of objection by the school        |
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19|              district for denying the operation of the charter are    |
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20|              not supported by the greater weight of evidence and      |
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21|              the strength of the application, and                     |
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22|         d.    that the applicant did comply with every applicable     |
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23|              application requirement set forth in subsection B of     |
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24|              Section 3-134 of this title.                             |
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arsid2574118 SB239 HFLR                                            Page 5
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 1|    B.  An eligible non-school-district sponsor shall give priority    |
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 2|to opening charter schools that serve at-risk student populations or   |
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 3|students from low-performing traditional public schools.               |
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 4|    C.  An eligible non-school-district sponsor shall give priority    |
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 5|to applicants that have demonstrated a record of operating at least    |
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 6|one school or similar program that demonstrates academic success and   |
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 7|organizational viability and serves student populations similar to     |
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 8|those the proposed charter school seeks to serve.  In assessing the    |
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 9|potential for quality replication of a charter school, a sponsor       |
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10|shall consider the following factors before approving a new site or    |
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11|school:                                                                |
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12|    1.  Evidence of a strong and reliable record of academic success   |
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13|based primarily on student performance data, as well as other viable   |
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14|indicators, including financial and operational success;               |
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15|    2.  A sound, detailed, and well-supported growth plan;             |
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16|    3.  Evidence of the ability to transfer successful practices to    |
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17|a potentially different context that includes reproducing critical     |
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18|cultural, organizational and instructional characteristics;            |
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19|    4.  Any management organization involved in a potential            |
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20|replication is fully vetted, and the academic, financial and           |
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21|operational records of the schools it operates are found to be         |
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22|satisfactory;                                                          |
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arsid2574118 SB239 HFLR                                            Page 6
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 1|    5.  Evidence the program seeking to be replicated has the          |
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 2|capacity to do so successfully without diminishing or putting at       |
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 3|risk its current operations; and                                       |
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 4|    6.  A financial structure that ensures that funds attributable     |
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 5|to each charter school within a network and required by law to be      |
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 6|utilized by a school remain with and are used to benefit that          |
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 7|school.                                                                |
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 8|    D.  For purposes of the Oklahoma Charter Schools Act, "charter     |
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 9|school" means a public school established by contract with a board     |
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10|of education of a school district, an area vocational-technical        |
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11|school district, a higher education institution, a federally           |
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12|recognized Indian tribe, or the State Board of Education pursuant to   |
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13|the Oklahoma Charter Schools Act to provide learning that will         |
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14|improve student achievement and as defined in the Elementary and       |
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15|Secondary Education Act of 1965, 20 U.S.C. 8065.                       |
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16|    E.  1.  For the purposes of the Oklahoma Charter Schools Act,      |
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17|"conversion school" means a school created by converting all or any    |
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18|part of a traditional public school in order to access any or all      |
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19|flexibilities afforded to a charter school.                            |
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20|    2.  Prior to the board of education of a school district           |
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21|converting all or any part of a traditional public school to a         |
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22|conversion school, the board shall prepare a conversion plan.  The     |
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23|conversion plan shall include documentation that demonstrates and      |
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24|complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,     |
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arsid2574118 SB239 HFLR                                            Page 7
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 1|19, 20, 21, 22, 23, 24, 34 and 35 of subsection B of Section 3-134     |
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 2|of this title.  The conversion plan and all documents shall be in      |
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 3|writing and shall be available to the public pursuant to the           |
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 4|requirements of the Oklahoma Open Records Act.  All votes by the       |
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 5|board of education of a school district to approve a conversion plan   |
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 6|shall be held in an open public session.  If the board of education    |
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 7|of a school district votes to approve a conversion plan, the board     |
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 8|shall notify the State Board of Education within sixty (60) days       |
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 9|after the vote.  The notification shall include a copy of the          |
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10|minutes for the board meeting at which the conversion plan was         |
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11|approved.                                                              |
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12|    3.  A conversion school shall comply with all the same             |
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13|accountability measures as are required of a charter school as         |
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14|defined in subsection D of this section.  The provisions of Sections   |
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15|3-140 and 3-142 of this title shall not apply to a conversion          |
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16|school.  Conversion schools shall comply with the same laws and        |
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17|State Board of Education rules relating to student enrollment which    |
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18|apply to traditional public schools.  Conversion schools shall be      |
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19|funded by the board of education of the school district as a school    |
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20|site within the school district and funding shall not be affected by   |
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21|the conversion of the school.                                          |
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22|    4.  The board of education of a school district may vote to        |
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23|revert a conversion school back to a traditional public school at      |
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arsid2574118 SB239 HFLR                                            Page 8
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 1|any time; provided, the change shall only occur during a break         |
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 2|between school years.                                                  |
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 3|    5.  Unless otherwise provided for in this subsection, a            |
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 4|conversion school shall retain the characteristics of a traditional    |
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 5|public school.                                                         |
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 6|    F.  A charter school may consist of a new school site, new         |
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 7|school sites or all or any portion of an existing school site.  An     |
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 8|entire school district may not become a charter school site.           |
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 9|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 3-134, as      |
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10|amended by Section 2, Chapter 170, O.S.L. 2015 (70 O.S. Supp. 2020,    |
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11|Section 3-134), is amended to read as follows:                         |
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12|    Section 3-134.  A.  For written applications filed after January   |
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13|1, 2008, prior to submission of the application to a proposed          |
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14|sponsor seeking to establish a charter school, the applicant shall     |
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15|be required to complete training which shall not exceed ten (10)       |
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16|hours provided by the State Department of Education on the process     |
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17|and requirements for establishing a charter school.  The Department    |
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18|shall develop and implement the training by January 1, 2008.  The      |
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19|Department may provide the training in any format and manner that      |
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20|the Department determines to be efficient and effective including,     |
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21|but not limited to, web-based training.                                |
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22|    B.  Except as otherwise provided for in Section 3-137 of this      |
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23|title, an applicant seeking to establish a charter school shall        |
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arsid2574118 SB239 HFLR                                            Page 9
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 1|submit a written application to the proposed sponsor as prescribed     |
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 2|in subsection E of this section.  The application shall include:       |
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 3|    1.  A mission statement for the charter school;                    |
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 4|    2.  A description including, but not limited to, background        |
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 5|information of the organizational structure and the governing body     |
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 6|of the charter school;                                                 |
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 7|    3.  A financial plan for the first five (5) years of operation     |
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 8|of the charter school and a description of the treasurer or other      |
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 9|officers or persons who shall have primary responsibility for the      |
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10|finances of the charter school.  Such person shall have demonstrated   |
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11|experience in school finance or the equivalent thereof;                |
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12|    4.  A description of the hiring policy of the charter school;      |
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13|    5.  The name of the applicant or applicants and requested          |
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14|sponsor;                                                               |
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15|    6.  A description of the facility and location of the charter      |
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16|school;                                                                |
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17|    7.  A description of the grades being served;                      |
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18|    8.  An outline of criteria designed to measure the effectiveness   |
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19|of the charter school;                                                 |
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20|    9.  A demonstration of support for the charter school from         |
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21|residents of the school district which may include but is not          |
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22|limited to a survey of the school district residents or a petition     |
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23|signed by residents of the school district;                            |
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arsid2574118 SB239 HFLR                                            Page 10
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 1|    10.  Documentation that the applicants completed charter school    |
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 2|training as set forth in subsection A of this section;                 |
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 3|    11.  A description of the minimum and maximum enrollment planned   |
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 4|per year for each term of the charter contract;                        |
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 5|    12.  The proposed calendar for the charter school and sample       |
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 6|daily schedule;                                                        |
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 7|    13.  Unless otherwise authorized by law or regulation, a           |
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 8|description of the academic program aligned with state standards;      |
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 9|    14.  A description of the instructional design of the charter      |
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10|school, including the type of learning environment, class size and     |
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11|structure, curriculum overview and teaching methods;                   |
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12|    15.  The plan for using internal and external assessments to       |
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13|measure and report student progress on the performance framework       |
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14|developed by the applicant in accordance with subsection C of          |
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15|Section 3-135 of this title;                                           |
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16|    16.  The plans for identifying and successfully serving students   |
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17|with disabilities, students who are English language learners and      |
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18|students who are academically behind;                                  |
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19|    17.  A description of cocurricular or extracurricular programs     |
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20|and how they will be funded and delivered;                             |
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21|    18.  Plans and time lines for student recruitment and              |
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22|enrollment, including lottery procedures;                              |
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23|    19.  The student discipline policies for the charter school,       |
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24|including those for special education students;                        |
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arsid2574118 SB239 HFLR                                            Page 11
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 1|    20.  An organizational chart that clearly presents the             |
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 2|organizational structure of the charter school, including lines of     |
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 3|authority and reporting between the governing board, staff, any        |
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 4|related bodies such as advisory bodies or parent and teacher           |
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 5|councils and any external organizations that will play a role in       |
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 6|managing the school;                                                   |
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 7|    21.  A clear description of the roles and responsibilities for     |
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 8|the governing board, the leadership and management team for the        |
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 9|charter school and any other entities shown in the organizational      |
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10|chart;                                                                 |
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11|    22.  The leadership and teacher employment policies for the        |
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12|charter school;                                                        |
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13|    23.  Proposed governing bylaws;                                    |
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14|    24.  Explanations of any partnerships or contractual               |
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15|partnerships central to the operations or mission of the charter       |
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16|school;                                                                |
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17|    25.  The plans for providing transportation, food service and      |
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18|all other significant operational or ancillary services;               |
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19|    26.  Opportunities and expectations for parental involvement;      |
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20|    27.  A detailed school start-up plan that identifies tasks, time   |
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21|lines and responsible individuals;                                     |
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22|    28.  A description of the financial plan and policies for the      |
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23|charter school, including financial controls and audit requirements;   |
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24|                                                                       |
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arsid2574118 SB239 HFLR                                            Page 12
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 1|    29.  A description of the insurance coverage the charter school    |
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 2|will obtain;                                                           |
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 3|    30.  Start-up and five-year budgets with clearly stated            |
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 4|assumptions;                                                           |
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 5|    31.  Start-up and first-year cash-flow projections with clearly    |
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 6|stated assumptions;                                                    |
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 7|    32.  Evidence of anticipated fundraising contributions, if         |
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 8|claimed in the application;                                            |
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 9|    33.  A sound facilities plan, including backup or contingency      |
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10|plans if appropriate;                                                  |
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11|    34.  A requirement that the charter school governing board meet    |
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12|at a minimum quarterly in the state and that for those charter         |
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13|schools outside of counties with a population of five hundred          |
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14|thousand (500,000) or more, that a majority of members are residents   |
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15|within the geographic boundary of the sponsoring entity; and           |
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16|    35.  A requirement that the charter school follow the              |
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17|requirements of the Oklahoma Open Meeting Act and Oklahoma Open        |
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18|Records Act.                                                           |
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19|    C.  A board of education of a public school district, public       |
  |                                                                       |
20|body, public or private college or university, private person, or      |
  |                                                                       |
21|private organization may contract with a sponsor to establish a        |
  |                                                                       |
22|charter school.  A private school shall not be eligible to contract    |
  |                                                                       |
23|for a charter school under the provisions of the Oklahoma Charter      |
  |                                                                       |
24|Schools Act.                                                           |
  |                                                                       |
arsid2574118 SB239 HFLR                                            Page 13
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 1|    D.  The sponsor of a charter school is the board of education of   |
  |                                                                       |
 2|a school district, the board of education of a technology center       |
  |                                                                       |
 3|school district, a higher education institution, the State Board of    |
  |                                                                       |
 4|Education, or a federally recognized Indian tribe which meets the      |
  |                                                                       |
 5|criteria established in Section 3-132 of this title.  Any board of     |
  |                                                                       |
 6|education of a school district in the state may sponsor one or more    |
  |                                                                       |
 7|charter schools.  The physical location of a charter school            |
  |                                                                       |
 8|sponsored by a board of education of a school district or a            |
  |                                                                       |
 9|technology center school district shall be within the boundaries of    |
  |                                                                       |
10|the sponsoring school district.  The physical location of a charter    |
  |                                                                       |
11|school sponsored by the State Board of Education when the applicant    |
  |                                                                       |
12|of the charter school is the Office of Juvenile Affairs shall be       |
  |                                                                       |
13|where an Office of Juvenile Affairs facility for youth is located.     |
  |                                                                       |
14|The physical location of a charter school otherwise sponsored by the   |
  |                                                                       |
15|State Board of Education pursuant to paragraph 8 of subsection A of    |
  |                                                                       |
16|Section 3-132 of this title shall be in the school district in which   |
  |                                                                       |
17|the application originated.                                            |
  |                                                                       |
18|    E.  An applicant for a charter school may submit an application    |
  |                                                                       |
19|to a proposed sponsor which shall either accept or reject              |
  |                                                                       |
20|sponsorship of the charter school within ninety (90) days of receipt   |
  |                                                                       |
21|of the application.  If the proposed sponsor rejects the               |
  |                                                                       |
22|application, it shall notify the applicant in writing of the reasons   |
  |                                                                       |
23|for the rejection.  The applicant may submit a revised application     |
  |                                                                       |
24|for reconsideration to the proposed sponsor within thirty (30) days    |
  |                                                                       |
arsid2574118 SB239 HFLR                                            Page 14
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 1|after receiving notification of the rejection.  The proposed sponsor   |
  |                                                                       |
 2|shall accept or reject the revised application within thirty (30)      |
  |                                                                       |
 3|days of its receipt.  Should the sponsor reject the application on     |
  |                                                                       |
 4|reconsideration, the applicant may appeal the decision to the State    |
  |                                                                       |
 5|Board of Education with the revised application for review pursuant    |
  |                                                                       |
 6|to paragraph 8 9 of subsection A of Section 3-132 of this title.       |
  |                                                                       |
 7|The State Board of Education shall hear the appeal no later than       |
  |                                                                       |
 8|sixty (60) days from the date received by the Board.  The State        |
  |                                                                       |
 9|Board of Education, the applicant and the proposed sponsor when the    |
  |                                                                       |
10|sponsor is the board of education of a public school district shall    |
  |                                                                       |
11|adhere to the following appeal process procedures and requirements:    |
  |                                                                       |
12|    1.  The applicant and proposed sponsor shall be permitted to be    |
  |                                                                       |
13|represented by an attorney at any hearing before the State Board of    |
  |                                                                       |
14|Education;                                                             |
  |                                                                       |
15|    2.  The applicant has thirty (30) days after denial of a revised   |
  |                                                                       |
16|application to file an appeal with the Board.  The appeal shall be     |
  |                                                                       |
17|submitted to the chair of the Board in writing and shall state the     |
  |                                                                       |
18|basis for the appeal.  The applicant shall provide the proposed        |
  |                                                                       |
19|sponsor a certified copy of the appeal and all accompanying            |
  |                                                                       |
20|documents submitted for the appeal within five (5) business days of    |
  |                                                                       |
21|submission to the Board;                                               |
  |                                                                       |
22|    3.  The hearing shall be scheduled and heard within sixty (60)     |
  |                                                                       |
23|days of receipt of the appeal by the State Board of Education.  All    |
  |                                                                       |
24|parties shall be permitted to be represented by an attorney;           |
  |                                                                       |
arsid2574118 SB239 HFLR                                            Page 15
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 1|    4.  The Board may grant a continuance of the hearing upon          |
  |                                                                       |
 2|written notice of either party submitted at least five (5) days        |
  |                                                                       |
 3|prior to the date set for the hearing.  The hearing also may be        |
  |                                                                       |
 4|reset upon written agreement of all parties; and                       |
  |                                                                       |
 5|    5.  If the Board determines that the school district board of      |
  |                                                                       |
 6|education should have accepted the applicant's proposal, then the      |
  |                                                                       |
 7|Board may choose to sponsor the applicant, subject to the              |
  |                                                                       |
 8|requirements set forth in paragraph 9 of subsection A of Section       |
  |                                                                       |
 9|3-132 of this title.  The decision of the Board shall be final and     |
  |                                                                       |
10|nonappealable.                                                         |
  |                                                                       |
11|    F.  A board of education of a school district, board of            |
  |                                                                       |
12|education of a technology center school district, higher education     |
  |                                                                       |
13|institution, or federally recognized Indian tribe sponsor of a         |
  |                                                                       |
14|charter school shall notify the State Board of Education when it       |
  |                                                                       |
15|accepts sponsorship of a charter school.  The notification shall       |
  |                                                                       |
16|include a copy of the charter of the charter school.                   |
  |                                                                       |
17|    G.  Applicants for charter schools proposed to be sponsored by     |
  |                                                                       |
18|an entity other than a school district pursuant to paragraph 1 of      |
  |                                                                       |
19|subsection A of Section 3-132 of this title may, upon rejection of     |
  |                                                                       |
20|the revised application, proceed to binding arbitration under the      |
  |                                                                       |
21|commercial rules of the American Arbitration Association with costs    |
  |                                                                       |
22|of the arbitration to be borne by the proposed sponsor.  Applicants    |
  |                                                                       |
23|for charter schools proposed to be sponsored by school districts       |
  |                                                                       |
24|pursuant to paragraph 1 of subsection A of Section 3-132 of this       |
  |                                                                       |
arsid2574118 SB239 HFLR                                            Page 16
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 1|title may not proceed to binding arbitration but may be sponsored by   |
  |                                                                       |
 2|the State Board of Education as provided in paragraph 8 of             |
  |                                                                       |
 3|subsection A of Section 3-132 of this title.                           |
  |                                                                       |
 4|    H.  If a board of education of a technology center school          |
  |                                                                       |
 5|district, a higher education institution, the State Board of           |
  |                                                                       |
 6|Education, or a federally recognized Indian tribe accepts              |
  |                                                                       |
 7|sponsorship of a charter school, the administrative, fiscal and        |
  |                                                                       |
 8|oversight responsibilities of the technology center school district,   |
  |                                                                       |
 9|the higher education institution, or the federally recognized Indian   |
  |                                                                       |
10|tribe shall be listed in the contract.  No responsibilities shall be   |
  |                                                                       |
11|delegated to a school district unless the local school district        |
  |                                                                       |
12|agrees to assume the responsibilities.                                 |
  |                                                                       |
13|    I.  A sponsor of a public charter school shall have the            |
  |                                                                       |
14|following powers and duties:                                           |
  |                                                                       |
15|    1.  Provide oversight of the operations of charter schools in      |
  |                                                                       |
16|the state through annual performance reviews of charter schools and    |
  |                                                                       |
17|reauthorization of charter schools for which it is a sponsor;          |
  |                                                                       |
18|    2.  Solicit and evaluate charter applications;                     |
  |                                                                       |
19|    3.  Approve quality charter applications that meet identified      |
  |                                                                       |
20|educational needs and promote a diversity of educational choices;      |
  |                                                                       |
21|    4.  Decline to approve weak or inadequate charter applications;    |
  |                                                                       |
22|    5.  Negotiate and execute sound charter contracts with each        |
  |                                                                       |
23|approved public charter school;                                        |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2574118 SB239 HFLR                                            Page 17
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 1|    6.  Monitor, in accordance with charter contract terms, the        |
  |                                                                       |
 2|performance and legal compliance of charter schools; and               |
  |                                                                       |
 3|    7.  Determine whether each charter contract merits renewal,        |
  |                                                                       |
 4|nonrenewal or revocation.                                              |
  |                                                                       |
 5|    J.  Sponsors shall establish a procedure for accepting,            |
  |                                                                       |
 6|approving and disapproving charter school applications in accordance   |
  |                                                                       |
 7|with subsection E of this section.                                     |
  |                                                                       |
 8|    K.  Sponsors shall be required to develop and maintain             |
  |                                                                       |
 9|chartering policies and practices consistent with recognized           |
  |                                                                       |
10|principles and standards for quality charter authorizing as            |
  |                                                                       |
11|established by the State Department of Education in all major areas    |
  |                                                                       |
12|of authorizing responsibility, including organizational capacity and   |
  |                                                                       |
13|infrastructure, soliciting and evaluating charter applications,        |
  |                                                                       |
14|performance contracting, ongoing charter school oversight and          |
  |                                                                       |
15|evaluation and charter renewal decision-making.                        |
  |                                                                       |
16|    L.  Sponsors acting in their official capacity shall be immune     |
  |                                                                       |
17|from civil and criminal liability with respect to all activities       |
  |                                                                       |
18|related to a charter school with which they contract.                  |
  |                                                                       |
19|    SECTION 3.  This act shall become effective July 1, 2021.          |
  |                                                                       |
20|    SECTION 4.  It being immediately necessary for the preservation    |
  |                                                                       |
21|of the public peace, health or safety, an emergency is hereby          |
  |                                                                       |
22|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
23|be in full force from and after its passage and approval.              |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid2574118 SB239 HFLR                                            Page 18
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 1|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/31/2021   |
  |- DO PASS, As Coauthored.                                              |
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arsid2574118 SB239 HFLR                                            Page 19
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