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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1598 By: McIntosh
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5
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6 AS INTRODUCED
6
7 An Act relating to state government; amending 53 O.S.
7 2021, Sections 1.18, 171, and 201C, as amended by
8 Section 1, Chapter 213, O.S.L. 2022 (53 O.S. Supp.
8 2025, Section 201C), which relate to the dispensation
9 of funds; removing certain prohibition on use of
9 funds; amending 70 O.S. 2021, Section 3-136, as
10 amended by Section 7, Chapter 323, O.S.L. 2023 (70
10 O.S. Supp. 2025, Section 3-136), which relates to
11 charter schools; removing certain requirement on
11 nonsectarian charter schools; updating statutory
12 language; updating statutory references; and
12 providing an effective date.
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13
14
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 53 O.S. 2021, Section 1.18, is
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17 amended to read as follows:
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18 Section 1.18. The Oklahoma Historical Society shall dispense
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19 funds for historical purposes only as defined provided by paragraph
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20 6 of Section 6 of this act the Oklahoma Historical Preservation Act.
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21 The Oklahoma Historical Society may enter into contracts with other
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22 state agencies or nonprofit corporations holding a valid exemption
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23 from taxation issued pursuant to Section 501(a) of the Internal
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24 Revenue Code of 1986, as amended, and listed as an exempt
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1 organization in Section 501(c)(3) of the Internal Revenue Code of
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2 1986, of the United States, as amended, or with individuals or
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3 associations pursuant to statutory requirements.
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4 Funds shall not be applied, donated or used directly or
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5 indirectly for the use, benefit or support of any sect, church,
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6 denomination or system of religion, or for the use, benefit or
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7 support of any priest, preacher, minister, or other religious
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8 teacher or dignitary, or sectarian institution as such.
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9 The Oklahoma Historical Society shall provide opportunity to
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10 organizations to submit written applications to be received and
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11 acted upon by the Oklahoma Historical Society. At the conclusion of
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12 the contract, each state agency, nonprofit corporation, individual,
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13 or association shall provide the Oklahoma Historical Society with
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14 proof of fulfillment of the contract in proper order and must shall
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15 be affirmed on the proper form, provided by the Oklahoma Historical
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16 Society, by the managing officers of the state agency, nonprofit
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17 group, association, or individual making the contract.
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18 SECTION 2. AMENDATORY 53 O.S. 2021, Section 171, is
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19 amended to read as follows:
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20 Section 171. The Oklahoma Arts Council shall dispense funds for
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21 arts purposes only. The Oklahoma Arts Council shall enter into
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22 contracts with other state agencies or nonprofit corporations
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23 holding a valid exemption from taxation issued pursuant to Section
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24 501(a) of the Internal Revenue Code, 1954 of 1986, as amended, and
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1 listed as an exempt organization in Section 501(c)(3) of the
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2 Internal Revenue Code, 1954, of the United States of 1986, as
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3 amended. These nonprofit corporations must demonstrate that the
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4 goods and services provided meet the intent of the state policy
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5 provided in this act Section 162 of this title.
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6 Funds shall not be applied, donated or used directly or
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7 indirectly for the use, benefit or support of any sect, church,
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8 denomination or system of religion, or for the use, benefit, or
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9 support of any priest, preacher, minister, or other religious
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10 teacher or dignitary, or sectarian institution as such.
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11 The Oklahoma Arts Council shall provide opportunity, by public
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12 notices, to all organizations interested in providing these goods
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13 and services, who will submit written applications to be received
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14 and acted upon by the Oklahoma Arts Council. At the conclusion of
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15 the contract, each state agency or nonprofit corporation shall
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16 provide the Oklahoma Arts Council with proof of fulfillment of the
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17 contract in proper order and must shall be affirmed on the proper
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18 form, provided by the Oklahoma Arts Council, by the managing
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19 officers of the state agency or nonprofit group making the contract.
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20 SECTION 3. AMENDATORY 53 O.S. 2021, Section 201C, as
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21 amended by Section 1, Chapter 213, O.S.L. 2022 (53 O.S. Supp. 2025,
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22 Section 201C), is amended to read as follows:
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23 Section 201C. A. The J.M. Davis Memorial Commission shall have
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24 power and authority to:
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1 1. Appoint and to fix the salaries and duties of the
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2 professional and administrative employees and curators as may be
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3 necessary to carry out the purpose of this act 201A et seq. of this
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4 title;
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5 2. Appoint an executive director who shall serve at the
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6 pleasure of the Commission. A member of the Commission may be
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7 appointed as the executive director; provided, if a member of the
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8 Commission is so appointed, the member shall resign as a member of
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9 the Commission and the vacancy shall be filled in the same manner as
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10 are original appointments;
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11 3. Provide for the proper housing, protection and display of
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12 the J.M. Davis Gun Collection and other historical artifacts; and
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13 4. Enter into contracts for services to be performed in
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14 furtherance of the authorized activities and duties of the J.M.
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15 Davis Memorial Commission with other state agencies or nonprofit
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16 corporations holding a valid exemption from taxation issued pursuant
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17 to Section 501(a) of the Internal Revenue Code of 1986, as amended,
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18 and listed as an exempt organization in Section 501(c)(3) of the
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19 Internal Revenue Code of 1986, as amended, or with individuals or
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20 associations pursuant to statutory requirements.
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21 B. Funds of the J.M. Davis Memorial Commission shall not be
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22 applied, donated, or used directly or indirectly for the use,
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23 benefit, or support of any sect, church, denomination, or system of
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24 religion, or for the use, benefit, or support of any priest,
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1 preacher, minister, or other religious teacher or dignitary, or
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2 sectarian institution as such. The J.M. Davis Memorial Commission
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3 shall provide opportunity to organizations to submit written
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4 applications to be received and acted upon by the J.M. Davis
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5 Memorial Commission. At the conclusion of the contract, each state
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6 agency, nonprofit corporation, individual, or association shall
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7 provide the J.M. Davis Memorial Commission with proof of fulfillment
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8 of the contract in proper order and must shall be affirmed on the
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9 proper form, provided by the J.M. Davis Memorial Commission, by the
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10 managing officers of the state agency, nonprofit group, association,
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11 or individual making the contract.
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12 C. Any agreements or contracts providing for the employment of
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13 persons or to purchase property or equipment or the construction of
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14 any facilities shall not be authorized unless necessary funds have
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15 been appropriated by the Legislature or have been otherwise obtained
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16 from gifts, grants or contributions actually received by the
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17 Commission.
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18 SECTION 4. AMENDATORY 70 O.S. 2021, Section 3-136, as
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19 amended by Section 7, Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2025,
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20 Section 3-136), is amended to read as follows:
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21 Section 3-136. A. Beginning July 1, 2024, a written contract
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22 entered into between the Statewide Charter School Board and the
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23 governing board of a charter school or statewide virtual charter
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24 school or a written contract entered into between a sponsor and the
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1 governing board of a charter school shall ensure compliance with the
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2 following:
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3 1. Except as provided for in the Oklahoma Charter Schools Act,
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4 a charter school and virtual charter school shall be exempt from all
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5 statutes and rules relating to schools, boards of education, and
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6 school districts; provided, however, a charter school or virtual
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7 charter school shall comply with all federal regulations and state
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8 and local rules and statutes relating to health, safety, civil
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9 rights, and insurance. By January 1, 2000, the State Department of
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10 Education shall prepare a list of relevant rules and statutes which
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11 a charter school and virtual charter school must shall comply with
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12 as required by this paragraph and shall annually provide an update
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13 to the list;
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14 2. A charter school shall be nonsectarian in its programs,
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15 admission policies, employment practices, and all other operations.
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16 A sponsor may not authorize a charter school or program that is
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17 affiliated with a nonpublic sectarian school or religious
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18 institution;
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19 3. The charter contract shall provide a description of the
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20 educational program to be offered. A charter school or virtual
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21 charter school may provide a comprehensive program of instruction
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22 for a prekindergarten program, a kindergarten program, or any grade
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23 between grades one and twelve. Instruction may be provided to all
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24 persons between four (4) and twenty-one (21) years of age. A
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1 charter school or virtual charter school may offer a curriculum
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2 which emphasizes a specific learning philosophy or style or certain
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3 subject areas such as mathematics, science, fine arts, performance
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4 arts, or foreign language. The charter of a charter school or
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5 virtual charter school which offers grades nine through twelve shall
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6 specifically address whether the charter school or virtual charter
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7 school will comply with the graduation requirements established in
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8 Section 11-103.6 of this title. No charter school shall be
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9 chartered for the purpose of offering a curriculum for deaf or blind
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10 students that is the same or similar to the curriculum being
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11 provided by or for educating deaf or blind students that are being
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12 served by the Oklahoma School for the Blind or the Oklahoma School
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13 for the Deaf;
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14 4. 3. A charter school or virtual charter school shall
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15 participate in the testing as required by the Oklahoma School
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16 Testing Program Act and the reporting of test results as is required
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17 of a school district. A charter school or virtual charter school
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18 shall also provide any necessary data to the Office of
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19 Accountability within the State Department of Education;
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20 5. 4. A charter school or virtual charter school shall be
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21 subject to the same reporting requirements, financial audits, audit
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22 procedures, and audit requirements as a school district. The State
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23 Department of Education or State Auditor and Inspector may conduct
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24 financial, program, or compliance audits. The Statewide Charter
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1 School Board may request that the State Auditor and Inspector
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2 conduct a financial, program, or compliance audit for any charter
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3 school or virtual charter school it oversees. A charter school or
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4 virtual charter school shall use the Oklahoma Cost Accounting System
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5 to report financial transactions to the State Department of
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6 Education. The charter school or virtual charter school shall be
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7 subject to the limitations on spending, including provisions of the
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8 Oklahoma Constitution, for any funds received from the state, either
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9 through the State Department of Education or other sources;
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10 6. 5. A charter school or virtual charter school shall comply
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11 with all federal and state laws relating to the education of
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12 children with disabilities in the same manner as a school district;
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13 7. 6. A charter school or virtual charter school shall provide
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14 for a governing board for the school which shall be responsible for
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15 the policies and operational decisions of the charter school or
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16 virtual charter school. All of the charter school or virtual
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17 charter school governing board members shall be residents of this
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18 state and shall meet no fewer than ten (10) months of the year in a
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19 public meeting within the boundaries of the school district in which
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20 the charter school is located or within this state if the governing
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21 board oversees multiple charter schools in this state or oversees a
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22 virtual charter school. The governing board of a charter school or
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23 virtual charter school shall be subject to the same conflict of
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24 interest requirements as a member of a school district board of
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1 education including but not limited to Sections 5-113 and 5-124 of
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2 this title. Members appointed to the governing board of a charter
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3 school or virtual charter school shall be subject to the same
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4 instruction and continuing education requirements as a member of a
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5 school district board of education and pursuant to Section 5-110 of
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6 this title shall complete twelve (12) hours of instruction within
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7 fifteen (15) months of appointment to the governing board and
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8 pursuant to Section 5-110.1 of this title shall attend continuing
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9 education;
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10 8. 7. A charter school or virtual charter school shall not be
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11 used as a method of generating revenue for students who are being
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12 home schooled and are not being educated at an organized charter
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13 school site or by a virtual charter school;
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14 9. 8. A charter school or virtual charter school shall be as
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15 equally free and open to all students as traditional public schools
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16 and shall not charge tuition or fees;
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17 10. 9. A charter school or virtual charter school shall provide
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18 instruction each year for at least the number of days or hours
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19 required in Section 1-109 of this title;
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20 11. 10. A charter school or virtual charter school shall comply
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21 with the student suspension requirements provided for in Section 24-
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22 101.3 of this title;
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1 12. 11. A charter school or virtual charter school shall be
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2 considered a school district for purposes of tort liability under
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3 The Governmental Tort Claims Act;
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4 13. 12. Employees of a charter school or virtual charter school
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5 may participate as members of the Teachers' Retirement System of
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6 Oklahoma in accordance with applicable statutes and rules if
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7 otherwise allowed pursuant to law;
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8 14. 13. A charter school or virtual charter school may
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9 participate in all health and related insurance programs available
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10 to employees of a public school district;
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11 15. 14. A charter school or virtual charter school and their
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12 respective governing boards shall comply with the Oklahoma Open
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13 Meeting Act and the Oklahoma Open Records Act;
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14 16. 15. The governing board of a charter school or virtual
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15 charter school shall notify the sponsor within ten (10) business
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16 days in the instance of any significant adverse actions, material
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17 findings of noncompliance, or pending actions, claims, or
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18 proceedings in this state relating to the charter school, the
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19 virtual charter school, or an educational management organization
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20 with which the charter school or virtual charter school has a
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21 contract;
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22 17. 16. No later than September 1 each year, the governing
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23 board of each charter school or virtual charter school formed
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24 pursuant to the Oklahoma Charter Schools Act shall prepare a
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1 statement of actual income and expenditures for the charter school
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2 or virtual charter school for the fiscal year that ended on the
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3 preceding June 30, in a manner compliant with Section 5-135 of this
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4 title. The statement of expenditures shall include functional
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5 categories as defined in rules adopted by the State Board of
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6 Education to implement the Oklahoma Cost Accounting System pursuant
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7 to Section 5-145 of this title. Charter schools and virtual charter
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8 schools shall not be permitted to submit estimates of expenditures
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9 or prorated amounts to fulfill the requirements of this paragraph;
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10 and
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11 18. 17. A charter school or virtual charter school contract
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12 shall include performance provisions based on a performance
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13 framework that clearly sets forth the academic and operational
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14 performance indicators that shall be used by charter school and
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15 virtual charter school sponsors to evaluate their respective
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16 schools. The sponsor may develop a separate performance framework
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17 to evaluate a charter school or virtual charter school that has been
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18 designated by the State Department of Education as implementing an
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19 alternative education program throughout the school. The sponsor
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20 shall require a charter school or virtual charter school to submit
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21 the data required in this subsection in the identical format that is
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22 required by the State Department of Education of all public schools
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23 in order to avoid duplicative administrative efforts or allow a
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24 charter school or virtual charter school to provide permission to
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1 the Department to share all required data with the Board. The
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2 performance framework shall serve as the minimum requirement for
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3 charter school and virtual charter school performance evaluation and
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4 shall include, but not be limited to, the following indicators:
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5 a. student academic proficiency,
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6 b. student academic growth,
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7 c. achievement gaps in both proficiency and growth
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8 between major student subgroups,
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9 d. student attendance,
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10 e. recurrent enrollment from year to year as determined
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11 by the methodology used for public schools in
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12 Oklahoma,
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13 f. in the case of high schools, graduation rates as
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14 determined by the methodology used for public schools
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15 in Oklahoma,
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16 g. in the case of high schools, postsecondary readiness,
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17 h. financial performance and sustainability and
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18 compliance with state and Internal Revenue Service
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19 financial reporting requirements,
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20 i. audit findings or deficiencies,
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21 j. accreditation and timely reporting,
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22 k. governing board performance and stewardship including
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23 compliance with all applicable laws, regulations, and
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24 terms of the charter contract, and
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1 l. mobility of student population for the virtual charter
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2 school framework.
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3 The sponsor including the Statewide Charter School Board shall
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4 annually evaluate its charter schools or virtual charter schools
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5 according to the performance framework. The results of the
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6 evaluation shall be presented to the governing board of the charter
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7 school or virtual charter school and the governing board of the
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8 charter school sponsor in an open meeting.
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9 B. An applicant or the governing board of an applicant may hold
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10 one or more charter contracts. Each charter school or virtual
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11 charter school that is part of a charter contract shall be separate
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12 and distinct from any other charter school or virtual charter
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13 school. For the purposes of this subsection, "separate and
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14 distinct" shall mean that a charter school or virtual charter school
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15 governing board with oversight of more than one charter school or
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16 virtual charter school shall not combine accounting, budgeting,
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17 recordkeeping, admissions, employment, or policies and operational
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18 decisions of the charter schools or virtual charter schools it
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19 oversees.
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20 C. The charter contract of a charter school or virtual charter
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21 school shall include a description of the personnel policies,
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22 personnel qualifications, and method of school governance. A
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23 charter school or virtual charter school shall not enter into an
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24 employment contract with any teacher or other personnel until a
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1 contract has been executed with its sponsor. The employment
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2 contract shall set forth the personnel policies of the charter
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3 school or virtual charter school including, but not limited to,
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4 policies related to certification, professional development,
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5 evaluation, suspension, dismissal and nonreemployment, sick leave,
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6 personal business leave, emergency leave, and family and medical
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7 leave. The contract shall also specifically set forth the salary,
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8 hours, fringe benefits, and work conditions. The contract may
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9 provide for employer-employee bargaining, but the charter school or
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10 virtual charter school shall not be required to comply with the
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11 provisions of Sections 509.1 through 509.10 of this title.
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12 Upon contracting with any teacher or other personnel, the
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13 governing board of a charter school or virtual charter school shall,
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14 in writing, disclose employment rights of the employees in the event
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15 the charter school or virtual charter school closes or the charter
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16 contract is not renewed.
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17 No charter school or virtual charter school may begin serving
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18 students without a contract executed in accordance with the
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19 provisions of the Oklahoma Charter Schools Act and approved in an
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20 open meeting of the governing board of the sponsor or the Statewide
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21 Charter School Board. The governing board of the sponsor or the
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22 Statewide Charter School Board may establish reasonable preopening
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23 requirements or conditions to monitor the start-up progress of newly
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24 approved charter schools or virtual charter schools and ensure that
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1 each brick-and-mortar school is prepared to open smoothly on the
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2 date agreed and to ensure that each school meets all building,
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3 health, safety, insurance, and other legal requirements for the
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4 opening of a school.
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5 D. The charter of a charter school or virtual charter school
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6 may be amended at the request of the governing board of the charter
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7 school or virtual charter school and upon the approval of the
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8 sponsor.
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9 E. A charter school or virtual charter school may enter into
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10 contracts and sue and be sued.
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11 F. The governing board of a charter school or virtual charter
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12 school shall not levy taxes or issue bonds. A school district that
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13 proposes a bond shall include any charter school established
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14 pursuant to subsection A of Section 3-132 of this title and located
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15 within the school district in planning conversations regarding the
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16 bond.
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17 G. The charter of a charter school or virtual charter school
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18 shall include a provision specifying the method or methods to be
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19 employed for disposing of real and personal property acquired by the
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20 charter school or virtual charter school upon expiration or
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21 termination of the charter or failure of the charter school or
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22 virtual charter school to continue operations. Except as otherwise
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23 provided, any real or personal property purchased with state or
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24 local funds shall be retained by the sponsor. If a charter school
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1 that was previously sponsored by the board of education of a school
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2 district continues operation within the school district under a new
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3 charter sponsored by an entity authorized pursuant to Section 3-132
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4 of this title, the charter school may retain any personal property
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5 purchased with state or local funds for use in the operation of the
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6 charter school until termination of the new charter or failure of
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7 the charter school to continue operations.
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8 SECTION 5. This act shall become effective November 1, 2026.
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Req. No. 2544 Page 16Every fact on this page links to its source, starting with the official bill record.