Bill Text For SB0092 - 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 57th Legislature (2019)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
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 5|SENATE BILL NO. 92                   By: Pugh of the Senate            |
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 6|                                         and                           |
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 7|                                         Osburn of the House           |
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11|                        COMMITTEE SUBSTITUTE                           |
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12|       [ school accreditation - standards for school                   |
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13|         accreditation - evaluations of public schools -               |
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14|         school plans - effective date ]                               |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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19|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 3-104.4, as    |
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20|last amended by Section 27, Chapter 42, O.S.L. 2017 (70 O.S. Supp.     |
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21|2018, Section 3-104.4), is amended to read as follows:                 |
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22|    Section 3-104.4  A.  On or before February 1, 1991, the The        |
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23|State Board of Education shall adopt standards for the accreditation   |
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24|of the public schools in this state according to the requirements of   |
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arsid12151859 SB92 HFLR                                            Page 1
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 1|this act Section 3-104.3 et seq. of this title, to be effective as     |
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 2|set forth in this act Section 3-104.3 et seq. of this title.  The      |
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 3|accreditation standards shall incorporate the curricular standards     |
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 4|established pursuant to Section 11-103.6 of this title.  The           |
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 5|accreditation standards shall equal or exceed the accreditation        |
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 6|standards for schools promulgated by the North Central Association     |
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 7|of Colleges and Schools to the extent that the standards are           |
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 8|consistent with an academic results oriented approach to               |
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 9|accreditation, excluding those standards which deal with affective     |
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10|behavior to the extent the adoption of the standards does not          |
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11|conflict with state statute.  The accreditation adopted by the State   |
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12|Board shall encompass accreditation for elementary schools, middle     |
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13|schools, junior high schools, and high schools.  The accreditation     |
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14|standards shall be made available for public inspection at the         |
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15|offices of the State Department of Education.                          |
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16|    B.  Standards for accreditation adopted by the State Board of      |
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17|Education shall include standards relating to the provision of         |
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18|school counselors to the public school children of this state.  The    |
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19|State Board of Education shall require each local school district to   |
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20|provide information regarding the number of counselors serving each    |
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21|school site, the duties of all such counselors including all           |
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22|administrative duties, the number of students served by each           |
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23|counselor, and information regarding the number of counselors          |
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arsid12151859 SB92 HFLR                                            Page 2
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 1|employed per elementary school, middle school, junior high school      |
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 2|and high school.                                                       |
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 3|    C.  Except as otherwise provided by subsection A of this section   |
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 4|with regard to curricular standards, as a condition of receiving       |
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 5|state accreditation pursuant to this act:                              |
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 6|    1.  High schools shall meet the accreditation standards not        |
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 7|later than June 30, 1995; and                                          |
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 8|    2.  Elementary, middle and junior high schools shall meet the      |
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 9|accreditation standards not later than June 30, 1999.                  |
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10|    Schools, schools shall thereafter continue to meet the             |
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11|accreditation standards as a condition of continued accreditation.     |
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12|Nothing herein shall be construed as preventing changes to the         |
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13|adopted standards by the State Board of Education pursuant to the      |
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14|Administrative Procedures Act.  The accreditation standards shall      |
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15|provide for warnings, probation or nonaccredited status for schools    |
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16|that fail to meet the standards.  The Department shall investigate a   |
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17|complaint of failure to provide educational services or failure to     |
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18|comply with accreditation standards within thirty (30) days of         |
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19|receiving the complaint.  If the Department determines that a school   |
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20|has failed to comply with the accreditation standards the Department   |
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21|shall report the recommended warning, probation or nonaccredited       |
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22|accreditation status to the State Board of Education within ninety     |
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23|(90) days.  If a school does not take action to comply with the        |
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24|accreditation standards within ninety (90) days after a report is      |
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arsid12151859 SB92 HFLR                                            Page 3
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 1|filed by the Department, the Board shall withdraw accreditation for    |
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 2|the school.  The State Board accreditation regulations shall provide   |
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 3|for warnings and for assistance to schools and school districts        |
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 4|whenever there is reason to believe a school is in danger of losing    |
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 5|its state accreditation.                                               |
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 6|    D.  If one or more school sites fails to receive accreditation     |
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 7|as required pursuant to this section by the dates set forth in         |
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 8|subsection C of this section or subsequently loses accreditation,      |
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 9|the State Board of Education shall close the school and reassign the   |
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10|students to accredited schools within the district or shall annex      |
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11|the district to one or more other districts in which the students      |
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12|can be educated in accredited schools.                                 |
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13|    E.  Standards for accreditation adopted by the State Board of      |
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14|Education shall include standards relating to the provision of         |
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15|educational services provided in partial hospitalization programs,     |
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16|day treatment programs, day hospital programs, residential treatment   |
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17|programs and emergency shelter programs for persons between the ages   |
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18|of three (3) and twenty-one (21) years of age.  The accreditation      |
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19|standards shall apply to onsite and offsite educational services       |
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20|provided by public school districts or state-accredited private        |
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21|schools.  The accreditation standards shall provide for warnings,      |
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22|probation or nonaccredited status for schools that fail to meet the    |
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23|standards.  Each school which is providing or is required to provide   |
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24|educational services for students placed in a program as described     |
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arsid12151859 SB92 HFLR                                            Page 4
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 1|in this subsection shall be actively monitored by the State            |
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 2|Department of Education.  The Department shall determine on an         |
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 3|ongoing basis if the educational program and services are in           |
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 4|compliance with the accreditation standards.  The Department shall     |
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 5|investigate a complaint of failure to provide educational services     |
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 6|within ten (10) days of receiving the complaint.  If the Department    |
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 7|determines that a school has failed to comply with the accreditation   |
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 8|standards the Department shall report the recommended warning,         |
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 9|probation or nonaccredited accreditation status to the State Board     |
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10|of Education within sixty (60) days.  If a school does not take        |
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11|action to comply with the accreditation standards within ninety (90)   |
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12|days after a report is filed by the Department, the Board shall        |
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13|withdraw accreditation for the school.                                 |
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14|    F.  State Board accreditation regulations shall provide for        |
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15|warnings and for assistance to schools and school districts whenever   |
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16|there is reason to believe a school is in danger of losing its state   |
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17|accreditation.                                                         |
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18|    G. F.  The State Board shall provide assistance to districts in    |
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19|considering the possibility of meeting accreditation requirements      |
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20|through the use of nontraditional means of instruction.  The State     |
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21|Board shall also assist districts in forming cooperatives and making   |
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22|arrangements for the use of satellite instruction or other             |
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23|instructional technologies to the extent that use of such              |
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24|instructional means meets accreditation standards.                     |
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arsid12151859 SB92 HFLR                                            Page 5
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 1|    H. G.  1.  Accreditation shall not be withdrawn from or denied     |
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 2|nor shall a penalty be assessed against a school or school district    |
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 3|for failing to meet the media materials and equipment standards and    |
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 4|media program expenditure standards as set forth in the                |
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 5|accreditation standards adopted by the Board.                          |
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 6|    2.  The provisions of paragraph 1 of this subsection shall cease   |
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 7|to be effective during a fiscal year immediately following a fiscal    |
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 8|year that the state financial support of public schools provides an    |
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 9|amount equal to or more than Three Thousand Two Hundred Ninety-one     |
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10|Dollars and sixty cents ($3,291.60) per weighted average daily         |
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11|membership as calculated pursuant to Section 18-200.1 of this title    |
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12|and reported to school districts by the State Department of            |
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13|Education on the initial tentative State Aid allocation notice.        |
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14|    3.  If the amount set and calculated as provided for in            |
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15|paragraph 2 of this subsection is reduced by one percent (1%) or       |
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16|more as reported to school districts by the Department on the          |
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17|initial tentative State Aid allocation notice for the following        |
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18|fiscal year, the provisions of paragraph 2 of this subsection shall    |
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19|cease to be effective and the provisions of paragraph 1 of this        |
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20|subsection shall continue to be effective.                             |
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21|    I. H.  1.  The State Board shall not assess a financial penalty    |
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22|against any school district which is given a deficiency in             |
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23|accreditation status during any fiscal year as provided for in this    |
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24|subsection.                                                            |
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arsid12151859 SB92 HFLR                                            Page 6
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 1|    2.  The provisions of paragraph 1 of this subsection shall cease   |
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 2|to be effective during a fiscal year immediately following a fiscal    |
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 3|year that the state financial support of public schools provides an    |
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 4|amount equal to or more than Three Thousand Two Hundred Ninety-one     |
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 5|Dollars and sixty cents ($3,291.60) per weighted average daily         |
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 6|membership as calculated pursuant to Section 18-200.1 of this title    |
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 7|and reported to school districts by the State Department of            |
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 8|Education on the initial tentative State Aid allocation notice.        |
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 9|    3.  If the amount set and calculated as provided for in            |
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10|paragraph 2 of this subsection is reduced by one percent (1%) or       |
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11|more as reported to school districts by the Department on the          |
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12|initial tentative State Aid allocation notice for the following        |
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13|fiscal year, the provisions of paragraph 2 of this subsection shall    |
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14|cease to be effective and the provisions of paragraph 1 of this        |
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15|subsection shall continue to be effective.                             |
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16|    J. I.  Accreditation shall not be withdrawn from or denied, nor    |
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17|shall a penalty be assessed against, a school district for complying   |
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18|with this section.                                                     |
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19|    J.  Except as provided for in subsection K of this section,        |
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20|beginning with the 2019-2020 school year, evaluations of schools to    |
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21|determine whether they meet the accreditation standards set forth in   |
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22|accordance with this section shall occur on a schedule adopted by      |
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23|the State Board of Education.  The schedule adopted by the Board       |
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24|shall allow for school districts receiving no deficiencies for two     |
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arsid12151859 SB92 HFLR                                            Page 7
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 1|(2) consecutive years to be reviewed for accreditation less than       |
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 2|annually.  Provided, however, that schools shall be evaluated          |
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 3|annually for the purposes of:                                          |
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 4|    1.  Local, state and federal funding;                              |
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 5|    2.  Health and safety;                                             |
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 6|    3.  Certification requirements for teachers, principals and        |
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 7|superintendents;                                                       |
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 8|    4.  School board governance, including instructional and           |
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 9|continuing education requirements for school board members; and        |
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10|    5.  Any other requirements under state or federal law.             |
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11|    K.  Beginning with the 2019-2020 school year, if a public school   |
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12|receives a deficiency on its accreditation report, the public school   |
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13|shall be evaluated annually to determine if it meets the               |
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14|accreditation standards set forth in accordance with this section.     |
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15|If the public school receives no deficiencies for two (2)              |
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16|consecutive years, the public school shall be subject to the           |
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17|evaluation timeline established in subsection J of this section.       |
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18|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 3-154, is      |
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19|amended to read as follows:                                            |
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20|    Section 3-154.  Each plan listed in Section 1 of this act          |
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21|Section 3-153 of this title and which is not required to be            |
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22|submitted to the State Department of Education shall be reviewed by    |
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23|a regional accreditation officer at the time of the annual visit to    |
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arsid12151859 SB92 HFLR                                            Page 8
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 1|the school district by an officer in accordance with the evaluation    |
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 2|schedule set forth in Section 3-104.4 of this title.                   |
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 3|    SECTION 3.  This act shall become effective November 1, 2019.      |
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 5|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/09/2019   |
  |- DO PASS, As Amended.                                                 |
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arsid12151859 SB92 HFLR                                            Page 9
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