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Oklahoma Legislature· HB 1466Becomes law without Governor's signature 05/18/2025

An act relating to schools, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1466               By: West (Tammy)

4

5

6                               AS INTRODUCED

7   An Act relating to schools; amending 70 O.S. 2021,

    Section 3-104.4, which relates to accreditation

8   standards; adding deficiencies to standards;

    clarifying terms; permitting school districts to

9   request a hearing on accreditation recommendations;

    providing hearing notice requirements; providing

10  request timeline; directing the State Department of

    Education to promulgate rules; providing an effective

11  date; and declaring an emergency.

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13

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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

16  SECTION 1.      AMENDATORY  70 O.S. 2021, Section 3-104.4, is

17 amended to read as follows:

18  Section 3-104.4. A. The State Board of Education shall adopt

19 standards for the accreditation of the public schools in this state

20 according to the requirements of Section 3-104.3 et seq. of this

21 title, to be effective as set forth in Section 3-104.3 et seq. of

22 this title. The accreditation standards shall incorporate the

23 curricular standards established pursuant to Section 11-103.6 of

24 this title. The accreditation standards shall equal or exceed

    Req. No. 11813                                                Page 1
1 nationally recognized accreditation standards to the extent that the

2 standards are consistent with an academic results oriented approach

3 to accreditation. The accreditation adopted by the State Board

4 shall encompass accreditation for elementary schools, middle

5 schools, junior high schools, and high schools. The accreditation

6 standards shall be made available for public inspection at the

7 offices of the State Department of Education.

8   B. Standards for accreditation adopted by the State Board of

9 Education shall include standards relating to the provision of

10 school counselors to the public school children of this state. The

11 State Board of Education shall require each local school district to

12 provide information regarding the number of counselors serving each

13 school site, the duties of all such counselors including all

14 administrative duties, the number of students served by each

15 counselor, and information regarding the number of counselors

16 employed per elementary school, middle school, junior high school

17 and high school.

18  C. 1. Except as otherwise provided, schools shall meet the

19 accreditation standards as a condition of continued accreditation.

20 Nothing herein shall be construed as preventing changes to the

21 adopted standards by the State Board of Education pursuant to the

22 Administrative Procedures Act.

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    Req. No. 11813                                                 Page 2
1  2. The accreditation standards shall provide for deficiencies,

2 warnings, probation or nonaccredited status for schools that fail to

3 meet one or more of the standards.

4  3. The Department State Department of Education shall

5 investigate a complaint of failure to provide educational services

6 or failure to comply with accreditation standards within thirty (30)

7 days of receiving the complaint. If the Department State Department

8 of Education determines that a school has failed to comply with the

9 accreditation standards, the Department shall report the recommended

10 deficiency, warning, probation or nonaccredited accreditation status

11 to the State Board of Education within ninety (90) days. Before the

12 State Board of Education may implement any recommendations from the

13 State Department of Education as described in this paragraph, the

14 school district shall be given an opportunity to request a hearing

15 before the State Board of Education pursuant to the due process

16 procedures adopted by the Board as provided for in this subsection.

17 The State Board of Education shall send the applicable school

18 district notice of a right to a hearing within ten (10) working days

19 of receiving the recommendations. The hearing shall be conducted by

20 the State Board of Education. All notices shall be sent by

21 certified mail, with the postmark used to determine the timeliness

22 of the notice. If the school district fails to request a hearing

23 within ten (10) working days of receipt of such notice, the

24 district's right to a hearing shall be waived.

   Req. No. 11813                                                   Page 3
1   4. If a school district does not request a due process hearing

2 within ten (10) working days notice from the Board, and the school

3 or school district does not take action to comply with the

4 accreditation standards within ninety (90) days after a report is

5 filed by the Department, the Board shall withdraw accreditation for

6 the school.

7   5. The State Board of Education shall promulgate rules

8 regarding notice and hearing of accreditation status pursuant to

9 this section and in accordance with the Administrative Procedures

10 Act.

11  6. The State Board of Education accreditation regulations rules

12 shall provide for warnings and for assistance to schools and school

13 districts whenever there is reason to believe a school is in danger

14 of losing its state accreditation.

15  D. If one or more school sites fail to receive accreditation as

16 required pursuant to this section or subsequently lose

17 accreditation, the State Board of Education shall close the school

18 and reassign the students to accredited schools within the district

19 or shall annex the district to one or more other districts in which

20 the students can be educated in accredited schools.

21  E. Standards for accreditation adopted by the State Board of

22 Education shall include standards relating to the provision of

23 educational services provided in partial hospitalization programs,

24 day treatment programs, day hospital programs, residential treatment

    Req. No. 11813                                                 Page 4
1 programs and emergency shelter programs for persons between the ages

2 of three (3) and twenty-one (21) years of age. The accreditation

3 standards shall apply to on-site and off-site educational services

4 provided by public school districts or state-accredited private

5 schools. Each school which is providing or is required to provide

6 educational services for students placed in a program as described

7 in this subsection shall be actively monitored by the State

8 Department of Education. The Department shall determine on an

9 ongoing basis if the educational program and services are in

10 compliance with the accreditation standards.

11  F. The State Board shall provide assistance to districts in

12 considering the possibility of meeting accreditation requirements

13 through the use of nontraditional means of instruction. The State

14 Board shall also assist districts in forming cooperatives and making

15 arrangements for the use of satellite instruction or other

16 instructional technologies to the extent that use of such

17 instructional means meets accreditation standards.

18  G. 1. Accreditation shall not be withdrawn from or denied nor

19 shall a penalty be assessed against a school or school district for

20 failing to meet the media materials and equipment standards, media

21 program expenditure standards and media personnel standards as set

22 forth in the accreditation standards adopted by the Board.

23  2. The provisions of paragraph 1 of this subsection shall cease

24 to be effective during the fiscal year which begins on the July 1

    Req. No. 11813                                               Page 5
1 immediately succeeding the legislative session during which the

2 measure appropriating monies to the State Board of Education for the

3 financial support of public schools is enacted as law and such

4 appropriation amount is at least Fifty Million Dollars

5 ($50,000,000.00) greater than the amount of money appropriated to

6 the State Board of Education for the financial support of public

7 schools for the fiscal year ending June 30, 2019, pursuant to

8 Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars

9 ($50,000,000.00) shall not include any amount of appropriations

10 dedicated for support or certified employee salary increases.

11 Accreditation shall not be withdrawn from or denied nor shall a

12 penalty be assessed against a school or school district for failing

13 to meet the media personnel standards as set forth in accreditation

14 standards adopted by the Board.

15  H. 1. The State Board shall not assess a financial penalty

16 against any school district which is given a deficiency in

17 accreditation status during any fiscal year as provided for in this

18 subsection.

19  2. Beginning with the fiscal year which begins July 1, 2021, if

20 the amount of money appropriated to the State Board of Education for

21 the financial support of public schools including funds apportioned

22 pursuant to Section 2 426 of this act Title 63 of the Oklahoma

23 Statutes, is at least One Hundred Million Dollars ($100,000,000.00)

24 greater than the amount of money appropriated to the State Board of

    Req. No. 11813                                                  Page 6
1 Education for the financial support of public schools for the fiscal

2 year ending June 30, 2019, pursuant to Chapter 146, O.S.L. 2018, a

3 financial penalty shall be assessed against any school districts

4 that do not comply with the class size limitations for kindergarten

5 as provided for in Section 18-113.2 of this title and class size

6 limitations for grade one as provided for in subsection A of Section

7 18-113.1 of this title. Provided, the One Hundred Million Dollars

8 ($100,000,000.00) shall not include any amount of appropriations

9 dedicated for support or certified employee salary increases.

10  3. The State Department of Education shall submit a report on

11 statewide classroom sizes to the President Pro Tempore of the

12 Oklahoma State Senate and the Speaker of the Oklahoma House of

13 Representatives no later than January 1, 2022.

14  I. Except as provided for in subsection J of this section,

15 beginning with the 2019-2020 school year, evaluations of schools to

16 determine whether they meet the accreditation standards set forth in

17 accordance with this section shall occur once every four (4) years

18 on a schedule adopted by the State Board of Education. The Board

19 may interrupt the evaluation schedule provided in this subsection

20 for reasons including a change in the superintendent of the school

21 district; determination that one or more school district board

22 members have not met the continuing education requirements as

23 defined by this title; determination that the school district

24 falsified information submitted to any public city, county, state or

    Req. No. 11813                                                 Page 7
1 federal official or agency; initiation of an investigation by the

2 Board or a law enforcement agency; or other determination by the

3 Board that standards for accreditation are not being met by the

4 school district. The schedule adopted by the Board shall allow for

5 school districts receiving no deficiencies for two (2) consecutive

6 years to be reviewed for accreditation less than annually.

7 Provided, however, that schools shall be evaluated annually for the

8 purposes of:

9   1. Local, state and federal funding;

10  2. Health and safety;

11  3. Certification requirements for teachers, principals and

12 superintendents;

13  4. School board governance, including instructional and

14 continuing education requirements for school board members; and

15  5. Any other requirements under state or federal law.

16  J. Beginning with the 2019-2020 school year, if a public school

17 receives a deficiency on its accreditation report, the public school

18 shall be evaluated annually to determine if it meets the

19 accreditation standards set forth in accordance with this section.

20 If the public school receives no deficiencies for two (2)

21 consecutive years, the public school shall be subject to the

22 evaluation timeline established in subsection I of this section.

23  SECTION 2. This act shall become effective July 1, 2025.

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    Req. No. 11813                                                  Page 8
1   SECTION 3. It being immediately necessary for the preservation

2 of the public peace, health or safety, an emergency is hereby

3 declared to exist, by reason whereof this act shall take effect and

4 be in full force from and after its passage and approval.

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    Req. No. 11813                                               Page 9
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