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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 2103 By: Bullard
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4
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5
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6 AS INTRODUCED
6
7 An Act relating to charter schools; amending Sections
7 2, Chapter 323, O.S.L. 2023, and 3-134, as last
8 amended by Section 6, Chapter 323, O.S.L. 2023, (70
8 O.S. Supp. 2025, Sections 3-132.2 and 3-134), which
9 relate to the Oklahoma Charter Schools Act; modifying
9 definition; modifying certain restriction on private
10 schools; updating statutory language; updating
10 statutory references; providing an effective date;
11 and declaring an emergency.
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12
12
13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY Section 2, Chapter 323, O.S.L.
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16 2023 (70 O.S. Supp. 2025, Section 3-132.2), is amended to read as
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17 follows:
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18 Section 3-132.2. A. Beginning July 1, 2024, and subject to the
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19 requirements of the Oklahoma Charter Schools Act, the Statewide
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20 Charter School Board shall:
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21 1. Provide supervision, services, and oversight of the
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22 operations of statewide virtual charter schools in this state and
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23 charter schools for which the Statewide Charter School Board is the
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24 sponsor, recommend legislation pertaining to charter schools to the
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1 Legislature, and promulgate rules and policies that the Board deems
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2 necessary to accomplish the purposes prescribed in this section;
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3 2. Ensure compliance with state laws and training requirements
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4 for all charter schools, virtual charter schools, and sponsors;
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5 3. Establish a procedure for accepting, approving, and
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6 disapproving charter school and statewide virtual charter school
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7 applications and a process for renewal or revocation of approved
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8 charter contracts which meet the procedures set forth in the
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9 Oklahoma Charter Schools Act;
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10 4. Hire an Executive Director and other staff for its
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11 operation;
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12 5. Prepare a budget for expenditures necessary for the proper
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13 maintenance of the Board and accomplishment of its purpose;
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14 6. Comply with the requirements of the Oklahoma Open Meeting
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15 Act and Oklahoma Open Records Act; and
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16 7. Give priority to opening charter schools and virtual charter
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17 schools that serve at-risk student populations or students from low-
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18 performing traditional public schools.
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19 B. The State Board of Education shall be responsible for
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20 accreditation of charter schools and virtual charter schools and
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21 ensure compliance with special education laws and federal laws and
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22 programs administered by the State Board of Education.
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23 C. 1. For purposes of the Oklahoma Charter Schools Act,
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24 "charter school" means:
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1 a. prior to July 1, 2024, a public school established by
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2 contract with a school district board of education, a
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3 technology center school district, a higher education
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4 institution, a federally recognized Indian tribe, or
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5 the State Board of Education, and
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6 b. on July 1, 2024, and after, a public publicly funded
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7 school established created and operated by contract
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8 with a school district board of education, a higher
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9 education institution, an institution of higher
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10 learning accredited pursuant to Section 4103 of Title
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11 70 of the Oklahoma Statutes this title, a federally
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12 recognized Indian tribe, or the Statewide Charter
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13 School Board,
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14 to provide learning that will improve student achievement and as
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15 defined in the Elementary and Secondary Education Act of 1965, as
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16 reauthorized by P.L. No. 114-95, also known as the Every Student
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17 Succeeds Act.
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18 2. A charter school may consist of a new school site, new
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19 school sites, or all or any portion of an existing school site. An
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20 entire school district may not become a charter school site.
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21 D. 1. For the purposes of the Oklahoma Charter Schools Act,
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22 "conversion school" means a school created by converting all or any
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23 part of a traditional public school in order to access any or all
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24 flexibilities afforded to a charter school; provided, however, all
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1 or any part of a traditional public school shall not be converted to
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2 a virtual charter school.
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3 2. Prior to the board of education of a school district
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4 converting all or any part of a traditional public school to a
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5 conversion school, the board shall prepare a conversion plan. The
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6 conversion plan shall include documentation that demonstrates and
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7 complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
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8 19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134
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9 of Title 70 of the Oklahoma Statutes this title. The conversion
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10 plan and all documents shall be in writing and shall be available to
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11 the public pursuant to the requirements of the Oklahoma Open Records
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12 Act. All votes by the board of education of a school district to
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13 approve a conversion plan shall be held in an open public session.
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14 If the board of education of a school district votes to approve a
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15 conversion plan, the board shall notify the State Board of Education
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16 within sixty (60) days after the vote. The notification shall
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17 include a copy of the minutes for the board meeting at which the
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18 conversion plan was approved.
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19 3. A conversion school shall comply with all the same
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20 accountability measures as are required of a charter school as
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21 defined in subsection C of this section. The provisions of Sections
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22 3-140 and 3-142 of Title 70 of the Oklahoma Statutes this title
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23 shall not apply to a conversion school. Conversion schools shall
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24 comply with the same laws and State Board of Education rules
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1 relating to student enrollment which apply to traditional public
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2 schools. Conversion schools shall be funded by the board of
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3 education of the school district as a school site within the school
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4 district and funding shall not be affected by the conversion of the
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5 school.
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6 4. The board of education of a school district may vote to
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7 revert a conversion school back to a traditional public school at
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8 any time; provided, the change shall only occur during a break
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9 between school years.
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10 5. Unless otherwise provided for in this subsection, a
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11 conversion school shall retain the characteristics of a traditional
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12 public school.
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13 E. 1. Beginning July 1, 2024, the Statewide Charter School
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14 Board shall make publicly available a list of supplemental online
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15 courses which have been reviewed and certified by the Board to
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16 ensure that the courses are high-quality options and are aligned
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17 with the subject matter standards adopted by the State Board of
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18 Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma
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19 Statutes this title. The Statewide Charter School Board shall give
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20 special emphasis on listing supplemental online courses in science,
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21 technology, engineering, and math (STEM), foreign language, and
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22 advanced placement courses. School districts shall not be limited
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23 to selecting supplemental online courses that have been reviewed and
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1 certified by the Statewide Charter School Board and listed as
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2 provided for in this paragraph.
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3 2. In conjunction with the Office of Management and Enterprise
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4 Services, the Board shall negotiate and enter into contracts with
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5 supplemental online course providers to offer a state rate price to
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6 school districts for supplemental online courses that have been
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7 reviewed and certified by the Statewide Charter School Board and
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8 listed as provided for in this subsection.
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9 SECTION 2. AMENDATORY 70 O.S. 2021, Section 3-134, as
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10 last amended by Section 6, Chapter 323, O.S.L. 2023 (70 O.S. Supp.
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11 2025, Section 3-134), is amended to read as follows:
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12 Section 3-134. A. For written applications filed after July 1,
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13 2024, prior to submission of the application to a proposed sponsor
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14 seeking to establish a charter school or to the Statewide Charter
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15 School Board to establish a virtual charter school, the applicant
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16 shall be required to complete training which shall not exceed ten
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17 (10) hours provided by the Statewide Charter School Board on the
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18 process and requirements for establishing a charter school or
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19 virtual charter school. The sponsor of a charter school that enters
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20 into a new or renewed sponsorship contract on or after July 1, 2024,
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21 shall be required to complete training provided by the Statewide
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22 Charter School Board or an organization approved by the Statewide
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23 Charter School Board on the oversight duties of the sponsor. The
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24 Board shall develop and implement the training and publish a list of
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1 organizations approved to provide training by July 1, 2024. The
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2 Board and organizations approved by the Board may provide the
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3 training in any format and manner determined to be efficient and
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4 effective including, but not limited to, web-based training.
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5 B. Except as otherwise provided for in Section 3-137 of this
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6 title, an applicant seeking to establish a virtual charter school
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7 shall submit a written application to the Statewide Charter School
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8 Board, and an applicant seeking to establish a charter school shall
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9 submit a written application to the proposed sponsor as provided for
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10 in subsection E of this section. The application shall include:
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11 1. A mission statement for the charter school or virtual
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12 charter school;
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13 2. A description including, but not limited to, background
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14 information of the organizational structure and the governing board
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15 of the charter school or virtual charter school;
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16 3. A financial plan for the first five (5) years of operation
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17 of the charter school or virtual charter school and a description of
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18 the treasurer or other officers or persons who shall have primary
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19 responsibility for the finances of the charter school or virtual
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20 charter school. Such person shall have demonstrated experience in
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21 school finance or the equivalent thereof;
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22 4. A description of the hiring policy of the charter school or
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23 virtual charter school;
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1 5. The name of the applicant or applicants and requested
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2 sponsor;
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3 6. A description of the facility and location of the charter
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4 school;
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5 7. A description of the grades being served;
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6 8. An outline of criteria designed to measure the effectiveness
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7 of the charter school or virtual charter school;
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8 9. Documentation that the applicants completed training as set
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9 forth in subsection A of this section;
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10 10. A description of the minimum and maximum enrollment planned
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11 per year for each term of the charter contract;
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12 11. The proposed calendar for the charter school or virtual
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13 charter school and sample daily schedule;
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14 12. Unless otherwise authorized by law or regulation, a
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15 description of the academic program aligned with state standards;
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16 13. A description of the instructional design of the charter
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17 school or virtual charter school including the type of learning
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18 environment, class size and structure, curriculum overview, and
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19 teaching methods;
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20 14. The plan for using internal and external assessments to
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21 measure and report student progress on the performance framework
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22 developed by the applicant in accordance with Section 3-136 of this
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23 title;
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1 15. The plans for identifying and successfully serving students
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2 with disabilities, students who are English language learners, and
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3 students who are academically behind;
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4 16. A description of cocurricular or extracurricular programs
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5 and how they will be funded and delivered;
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6 17. Plans and time lines timelines for student recruitment and
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7 enrollment including lottery procedures;
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8 18. The student discipline policies for the charter school or
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9 virtual charter school including those for special education
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10 students with disabilities;
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11 19. An organizational chart that clearly presents the
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12 organizational structure of the charter school or virtual charter
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13 school, including lines of authority and reporting between the
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14 governing board, staff, any related bodies such as advisory bodies
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15 or parent and teacher councils, and any external organizations that
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16 will play a role in managing the school;
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17 20. A clear description of the roles and responsibilities for
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18 the governing board, the leadership and management team for the
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19 charter school or virtual charter school, and any other entities
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20 shown in the organizational chart;
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21 21. The leadership and teacher employment policies for the
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22 charter school or virtual charter school;
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23 22. Proposed governing bylaws;
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1 23. Explanations of any partnerships or contractual
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2 partnerships central to the operations or mission of the charter
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3 school or virtual charter school;
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4 24. The plans for providing transportation, food service, and
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5 all other significant operational or ancillary services;
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6 25. Opportunities and expectations for parental involvement;
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7 26. A detailed school start-up plan that identifies tasks, time
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8 lines timelines, and responsible individuals;
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9 27. A description of the financial plan and policies for the
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10 charter school or virtual charter school including financial
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11 controls and audit requirements;
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12 28. A description of the insurance coverage the charter school
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13 or virtual charter school will obtain;
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14 29. Start-up and five-year budgets with clearly stated
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15 assumptions;
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16 30. Start-up and first-year cash-flow projections with clearly
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17 stated assumptions;
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18 31. Evidence of anticipated fundraising contributions, if
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19 claimed in the application;
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20 32. A sound facilities plan including backup or contingency
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21 plans if appropriate;
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22 33. A requirement that the charter school or virtual charter
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23 school governing board meet no fewer than ten (10) months of the
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24 year in the state and that for those charter schools outside of
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1 counties with a population of five hundred thousand (500,000) or
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2 more, that a minimum of two (2) members are residents within the
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3 geographic boundary of the charter school;
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4 34. A requirement that the charter school or virtual charter
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5 school follow the requirements of the Oklahoma Open Meeting Act and
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6 Oklahoma Open Records Act; and
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7 35. A copy of any proposed contract between the governing board
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8 of a charter school or virtual charter school and an educational
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9 management organization, as defined by Section 5-200 of this title,
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10 which meets the requirements of the Oklahoma Charter Schools Act.
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11 C. A board of education of a public school district, public
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12 body, public or private college or university, private person, or
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13 private organization may contract with a sponsor to establish
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14 operate a charter school or virtual charter school. A An operating
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15 private school shall not be eligible to contract for a charter
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16 school or virtual charter school under the provisions of the
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17 Oklahoma Charter Schools Act.
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18 D. The sponsor of a charter school is the board of education of
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19 a school district, a higher education institution, a private
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20 institution of higher learning accredited pursuant to Section 4103
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21 of this title, a federally recognized Indian tribe which meets the
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22 criteria established in Section 3-132 of this title, or beginning
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23 July 1, 2024, the Statewide Charter School Board. Any sponsor
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24 authorized pursuant to subsection A of Section 3-132 of this title
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1 may sponsor one or more charter schools. The physical location of a
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2 charter school sponsored by a board of education of a school
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3 district shall be within the boundaries of the sponsoring school
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4 district. The physical location of a charter school sponsored by
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5 the Statewide Charter School Board pursuant to paragraph 6 of
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6 subsection A of Section 3-132 of this title shall be in the school
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7 district in which the application originated.
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8 E. 1. Beginning July 1, 2024, any application seeking to
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9 establish a charter school in this state shall be submitted first to
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10 the school district in which the proposed charter school is to be
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11 located. The school district board of education shall approve or
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12 deny the application within sixty (60) days of receipt of the
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13 application. If the charter school application is denied, nothing
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14 shall prohibit an applicant from submitting a revised application to
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15 the school district board of education, which shall approve or deny
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16 the revised application within sixty (60) days of receipt of the
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17 application.
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18 2. An applicant for a charter school that has been denied
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19 pursuant to paragraph 1 of this subsection may submit an application
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20 to a proposed sponsor listed in paragraphs 2 through 6 of subsection
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21 A of Section 3-132 of this title, which shall either accept or
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22 reject sponsorship of the charter school within ninety (90) days of
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23 receipt of the application. If the proposed sponsor rejects the
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24 application, it shall notify the applicant in writing of the reasons
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1 for the rejection. The applicant may submit a revised application
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2 for reconsideration to the proposed sponsor within thirty (30) days
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3 after receiving notification of the rejection. The proposed sponsor
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4 shall accept or reject the revised application within thirty (30)
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5 days of its receipt.
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6 3. Beginning July 1, 2024, an applicant for a virtual charter
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7 school shall submit an application to the Statewide Charter School
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8 Board, which shall either accept or reject sponsorship of the
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9 virtual charter school within ninety (90) days of receipt of the
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10 application. If the application is rejected, the Statewide Charter
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11 School Board shall notify the applicant in writing of the reasons
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12 for the rejection. The applicant may submit a revised application
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13 for reconsideration to the Statewide Charter school School Board
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14 within thirty (30) days after receiving notification of the
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15 rejection. The Statewide Charter School Board shall accept or
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16 reject the revised application within thirty (30) days of its
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17 receipt.
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18 F. A board of education of a school district, a higher
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19 education institution, a private institution of higher learning
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20 accredited pursuant to Section 4103 of this title, or a federally
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21 recognized Indian tribe shall notify the State Board of Education
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22 and the Statewide Charter School Board when it accepts sponsorship
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23 of a charter school. The notification shall include a copy of the
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24 charter of the charter school.
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1 G. Applicants for charter schools and virtual charter schools
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2 proposed to be sponsored by the Statewide Charter School Board may,
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3 upon rejection of a revised application, proceed to binding
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4 arbitration under the commercial rules of the American Arbitration
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5 Association with costs of the arbitration to be borne by the
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6 applicant.
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7 H. If a board of education of a school district, a higher
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8 education institution, a private institution of higher learning
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9 accredited pursuant to Section 4103 of this title, or a federally
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10 recognized Indian tribe accepts sponsorship of a charter school, the
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11 administrative, fiscal, and oversight responsibilities of the school
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12 district, the higher education institution, the private institution
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13 of higher learning accredited pursuant to Section 4103 of this
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14 title, or the federally recognized Indian tribe shall be listed in
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15 the contract. No administrative, fiscal, or oversight
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16 responsibilities of a charter school shall be delegated to a school
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17 district unless the school district agrees to enter into a contract
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18 to assume the responsibilities.
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19 I. A sponsor of a public charter school shall have the
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20 following powers and duties over charter schools it sponsors, and
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21 the Statewide Charter School Board shall have the following powers
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22 and duties over the charter schools and virtual charter schools it
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23 sponsors:
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1 1. Provide services and oversight of the operations of charter
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2 schools or virtual charter schools in the state through annual
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3 performance reviews and reauthorization;
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4 2. Solicit and evaluate charter applications;
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5 3. Approve quality charter applications that meet identified
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6 educational needs and promote a diversity of educational choices;
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7 4. Decline to approve weak or inadequate charter applications;
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8 5. Negotiate and execute sound charter contracts with each
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9 approved public charter school or virtual charter school;
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10 6. Approve or deny proposed contracts between the governing
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11 board of a charter school or virtual charter school and an
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12 educational management organization, as defined by section Section
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13 5-200 of this title;
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14 7. Monitor, in accordance with charter contract terms, the
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15 performance and legal compliance of charter schools and virtual
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16 charter schools; and
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17 8. Determine whether each charter contract merits renewal,
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18 nonrenewal, or revocation.
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19 J. Sponsors shall establish a procedure for accepting,
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20 approving, and disapproving charter school applications in
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21 accordance with subsection E of this section. The Statewide Charter
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22 School Board shall post its application, application process, and
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23 application time frames on the Board's website.
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1 K. Sponsors including the Statewide Charter School Board shall
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2 develop and maintain chartering policies and practices consistent
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3 with recognized principles and standards for quality charter
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4 sponsoring in all major areas of sponsoring responsibility including
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5 organizational capacity and infrastructure, soliciting and
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6 evaluating charter school and virtual charter school applications,
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7 performance contracting, ongoing charter school and virtual charter
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8 school oversight and evaluation, and charter contract renewal
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9 decision-making.
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10 L. Sponsors acting in their official capacity shall be immune
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11 from civil and criminal liability with respect to all activities
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12 related to a charter school with which they contract.
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13 SECTION 3. This act shall become effective July 1, 2026.
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14 SECTION 4. It being immediately necessary for the preservation
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15 of the public peace, health, or safety, an emergency is hereby
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16 declared to exist, by reason whereof this act shall take effect and
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17 be in full force from and after its passage and approval.
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