Bill Text For SB0069 - 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. 69                          By: Simpson of the Senate         |
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  |                                         and                           |
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  |                                         Wolfley of the House          |
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10|       An Act relating to statewide virtual charter schools;           |
  |       amending Section 5, Chapter 367, O.S.L. 2012, as last           |
11|       amended by Section 2, Chapter 27, O.S.L. 2020 (70               |
  |       O.S. Supp. 2020, Section 3-145.3), which relates to             |
12|       powers and duties of the Statewide Virtual Charter              |
  |       School Board; directing a student to be eligible to             |
13|       enroll in a statewide virtual charter school if his             |
  |       or her parent or legal guardian is on certain active            |
14|       duty and subject to certain transfer; directing a               |
  |       statewide virtual charter school to accept certain              |
15|       application by electronic means; requiring a parent             |
  |       or legal guardian to provide certain proof within               |
16|       certain time period; providing for addresses to be              |
  |       used as certain proof; making certain provisions                |
17|       applicable to certain students; providing                       |
  |       definitions; providing an effective date; and                   |
18|       declaring an emergency.                                         |
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21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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22|    SECTION 1.     SECTION 1.     AMENDATORY     Section 5, Chapter    |
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23|367, O.S.L. 2012, as last amended by Section 2, Chapter 27, O.S.L.     |
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arsid12347117 SB69 HFLR                                            Page 1
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 1|2020 (70 O.S. Supp. 2020, Section 3-145.3), is amended to read as      |
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 2|follows:                                                               |
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 3|    Section 3-145.3.  A.  Subject to the requirements of the           |
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 4|Oklahoma Charter Schools Act, the Statewide Virtual Charter School     |
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 5|Board shall:                                                           |
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 6|    1.  Provide oversight of the operations of statewide virtual       |
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 7|charter schools in this state;                                         |
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 8|    2.  Establish a procedure for accepting, approving and             |
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 9|disapproving statewide virtual charter school applications and a       |
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10|process for renewal or revocation of approved charter school           |
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11|contracts which minimally meet the procedures set forth in the         |
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12|Oklahoma Charter Schools Act;                                          |
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13|    3.  Make publicly available a list of supplemental online          |
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14|courses which have been reviewed and certified by the Statewide        |
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15|Virtual Charter School Board to ensure that the courses are high       |
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16|quality options and are aligned with the subject matter standards      |
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17|adopted by the State Board of Education pursuant to Section 11-103.6   |
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18|of this title.  The Statewide Virtual Charter School Board shall       |
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19|give special emphasis on listing supplemental online courses in        |
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20|science, technology, engineering and math (STEM), foreign language     |
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21|and advanced placement courses.  School districts shall not be         |
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22|limited to selecting supplemental online courses that have been        |
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23|reviewed and certified by the Statewide Virtual Charter School Board   |
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24|and listed as provided for in this paragraph; and                      |
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arsid12347117 SB69 HFLR                                            Page 2
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 1|    4.  In conjunction with the Office of Management and Enterprise    |
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 2|Services, negotiate and enter into contracts with supplemental         |
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 3|online course providers to offer a state rate price to school          |
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 4|districts for supplemental online courses that have been reviewed      |
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 5|and certified by the Statewide Virtual Charter School Board and        |
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 6|listed as provided for in paragraph 3 of this subsection.              |
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 7|    B.  Each statewide virtual charter school which has been           |
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 8|approved and sponsored by the Board or any virtual charter school      |
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 9|for which the Board has assumed sponsorship of as provided for in      |
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10|Section 3-145.5 of this title shall be considered a statewide          |
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11|virtual charter school and, except as provided in subsection H of      |
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12|this section, the geographic boundaries of each statewide virtual      |
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13|charter school shall be the borders of the state.                      |
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14|    C.  Each statewide virtual charter school approved by the          |
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15|Statewide Virtual Charter School Board shall be eligible to receive    |
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16|federal funds generated by students enrolled in the charter school     |
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17|for the applicable year.  Each statewide virtual charter school        |
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18|shall be considered a separate local education agency for purposes     |
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19|of reporting and accountability.                                       |
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20|    D.  As calculated as provided for in Section 3-142 of this         |
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21|title, a statewide virtual charter school shall receive the State      |
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22|Aid allocation and any other state-appropriated revenue generated by   |
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23|students enrolled in the virtual charter school for the applicable     |
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24|year, less up to five percent (5%) of the State Aid allocation,        |
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arsid12347117 SB69 HFLR                                            Page 3
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 1|which may be retained by the Statewide Virtual Charter School Board    |
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 2|for administrative expenses and to support the mission of the Board.   |
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 3| A statewide virtual charter school shall be eligible for any other    |
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 4|funding any other charter school is eligible for as provided for in    |
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 5|Section 3-142 of this title.  Each statewide virtual charter school    |
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 6|shall be considered a separate local education agency for purposes     |
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 7|of reporting and accountability.                                       |
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 8|    E.  A virtual charter school shall be subject to the same          |
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 9|reporting requirements, financial audits, audit procedures and audit   |
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10|requirements as a school district.  The State Department of            |
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11|Education or State Auditor and Inspector may conduct financial,        |
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12|program or compliance audits.  A virtual charter school shall use      |
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13|the Oklahoma Cost Accounting System (OCAS) to report financial         |
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14|transactions to the State Department of Education.                     |
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15|    F.  A virtual charter school governing body shall be responsible   |
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16|for the policies that govern the operational decisions of the          |
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17|virtual charter school.  The governing body of a virtual charter       |
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18|school shall be subject to the same conflict of interest               |
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19|requirements as a member of a local school board including, but not    |
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20|limited to, Sections 5-113 and 5-124 of this title.  Members           |
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21|appointed to the governing body of a virtual charter school after      |
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22|July 1, 2019, shall be subject to the same instruction and             |
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23|continuing education requirements as a member of a local school        |
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24|board and pursuant to Section 5-110 of this title, complete twelve     |
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arsid12347117 SB69 HFLR                                            Page 4
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 1|(12) hours of instruction within fifteen (15) months of appointment    |
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 2|to the governing body, and pursuant to Section 5-110.1 of this         |
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 3|title, attend continuing education.                                    |
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 4|    G.  Students enrolled full-time in a statewide virtual charter     |
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 5|school sponsored by the Statewide Virtual Charter School Board shall   |
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 6|not be authorized to participate in any activities administered by     |
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 7|the Oklahoma Secondary Schools Activities Association.  However, the   |
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 8|students may participate in intramural activities sponsored by a       |
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 9|statewide virtual charter school, an online provider for the charter   |
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10|school or any other outside organization.                              |
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11|    H.  1.  Beginning with the 2021-2022 school year, a public         |
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12|school students student who wish wishes to enroll in a virtual         |
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13|charter school shall be considered a transfer student from their       |
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14|resident school district.  A virtual charter school shall pre-enroll   |
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15|any public school student whose parent expresses intent to enroll in   |
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16|the district.  Upon pre-enrollment, the State Department of            |
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17|Education shall initiate a transfer on a form to be completed by the   |
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18|receiving virtual charter school.  Upon approval of the receiving      |
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19|virtual charter school, the student may begin instructional            |
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20|activities.  Upon notice that a public school student has              |
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21|transferred to a virtual charter school, the resident school           |
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22|district shall transmit the student's records within three (3)         |
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23|school days.                                                           |
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arsid12347117 SB69 HFLR                                            Page 5
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 1|    2.  The State Department of Education shall notify the             |
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 2|Legislature and Governor if it determines that the information         |
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 3|technology infrastructure necessary to process the transfer of         |
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 4|students to a virtual charter school is inadequate and one (1)         |
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 5|additional school year is needed for implementation.                   |
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 6|    3.  A public school student may transfer to one statewide          |
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 7|virtual charter school at any time during a school year.  For          |
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 8|purposes of this subsection, "school year" shall mean July 1 through   |
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 9|the following June 30.  After one statewide virtual charter school     |
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10|transfer during a school year, no public school student shall be       |
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11|permitted to transfer to any other statewide virtual charter school    |
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12|without the concurrence of both the resident school district and the   |
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13|receiving virtual charter school.  A student shall have a grace        |
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14|period of fifteen (15) school days from the first day of enrollment    |
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15|in a statewide virtual charter school to withdraw without academic     |
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16|penalty and shall continue to have the option of one virtual charter   |
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17|school transfer without the concurrence of both districts during       |
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18|that same school year.  A statewide virtual charter school student     |
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19|that has utilized the allowable one transfer pursuant to this          |
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20|subsection shall not be permitted to transfer to another district or   |
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21|other statewide virtual charter school without first notifying his     |
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22|or her resident district and initiating a new transfer.  Upon          |
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23|cancellation of a transfer the virtual charter school shall transmit   |
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24|the student's records to the student's new school district within      |
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arsid12347117 SB69 HFLR                                            Page 6
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 1|three (3) school days.  Students enrolled in a statewide virtual       |
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 2|charter school shall not be required to submit a virtual charter       |
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 3|transfer for consecutive years of enrollment.  Any student enrolled    |
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 4|in a statewide virtual charter school the year prior to the            |
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 5|implementation of this section shall not be required to submit a       |
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 6|transfer in order to remain enrolled.                                  |
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 7|    4.  For purposes of this subsection, "parent" shall mean the       |
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 8|parent of the student or person having custody of the student as       |
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 9|provided for in paragraph 1 of subsection A of Section 1-113 of this   |
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10|title.                                                                 |
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11|    I.  1.  A student shall be eligible to enroll in a statewide       |
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12|virtual charter school if he or she is a student whose parent or       |
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13|legal guardian is transferred or is pending transfer to a military     |
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14|installation within this state while on active military duty           |
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15|pursuant to an official military order.                                |
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16|    2.  A statewide virtual charter school shall accept applications   |
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17|by electronic means for enrollment and course registration for         |
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18|students described in paragraph 1 of this subsection.                  |
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19|    3.  The parent or legal guardian of a student described in         |
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20|paragraph 1 of this subsection shall provide proof of residence in     |
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21|this state within ten (10) days after the published arrival date       |
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22|provided on official documentation.  A parent or legal guardian may    |
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23|use the following addresses as proof of residence:                     |
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24|         a.    a temporary on-base billeting facility,                 |
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arsid12347117 SB69 HFLR                                            Page 7
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 1|         b.    a purchased or leased home or apartment, or             |
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 2|         c.    federal government or public-private venture off-base   |
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 3|              military housing.                                        |
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 4|    4.  The provisions of paragraph 3 of subsection H shall apply to   |
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 5|students described in paragraph 1 of this subsection.                  |
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 6|    5.  For purposes of this subsection:                               |
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 7|         a.    "active military duty" means full-time military duty    |
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 8|              status in the active uniformed service of the United     |
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 9|              States including members of the National Guard and       |
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10|              Military Reserve on active duty orders, and              |
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11|         b.    "military installation" means a base, camp, post,       |
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12|              station, yard, center, homeport facility for any ship    |
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13|              or other installation under the jurisdiction of the      |
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14|              Department of Defense or the United States Coast         |
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15|              Guard.                                                   |
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16|    J.  A virtual charter school shall not accept or deny a transfer   |
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17|based on ethnicity, national origin, gender, income level, disabling   |
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18|condition, proficiency in the English language, measure of             |
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19|achievement, aptitude or athletic ability.                             |
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20|    J. K.  The decision of the Statewide Virtual Charter School        |
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21|Board to deny, nonrenew or terminate the charter contract of a         |
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22|statewide virtual charter school may be appealed to the State Board    |
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23|of Education within thirty (30) days of the decision by the            |
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24|Statewide Virtual Charter School Board.  The State Board of            |
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arsid12347117 SB69 HFLR                                            Page 8
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 1|Education shall act on the appeal within sixty (60) days of receipt    |
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 2|of the request from the statewide virtual charter school applicant.    |
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 3|The State Board of Education may reverse the decision of the           |
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 4|Statewide Virtual Charter School Board or may remand the matter back   |
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 5|to the Statewide Virtual Charter School Board for further proceeding   |
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 6|as directed.                                                           |
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 7|    SECTION 2.  This act shall become effective July 1, 2021.          |
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 8|    SECTION 3.  It being immediately necessary for the preservation    |
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 9|of the public peace, health or safety, an emergency is hereby          |
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10|declared to exist, by reason whereof this act shall take effect and    |
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11|be in full force from and after its passage and approval.              |
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13|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/31/2021   |
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arsid12347117 SB69 HFLR                                            Page 9
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