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Oklahoma Legislature· SB 366Referred to Common Education

An act relating to charter schools, the official text

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1                  STATE OF OKLAHOMA

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

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3 SENATE BILL 366              By: Hines

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6                  AS INTRODUCED

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

7   2021, Section 3-134, as last amended by Section 6,

8   Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2024, Section

8   3-134), which relates to charter school applications;

9   removing language requiring a charter school

9   application to be first submitted to certain school

10  district; requiring charter school applications to be

10  submitted to a proposed sponsor beginning on certain

11  date; updating statutory language; providing an

11  effective date; and declaring an emergency.

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1 4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

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15  SECTION 1.     AMENDATORY  70 O.S. 2021, Section 3-134, as

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1 6 last amended by Section 6, Chapter 323, O.S.L. 2023 (70 O.S. Supp.

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1 7 2024, Section 3-134), is amended to read as follows:

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18  Section 3-134. A. For written applications filed after July 1,

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1 9 2024, prior to submission of the application to a proposed sponsor

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2 0 seeking to establish a charter school or to the Statewide Charter

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2 1 School Board to establish a virtual charter school, the applicant

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2 2 shall be required to complete training which shall not exceed ten

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2 3 (10) hours provided by the Statewide Charter School Board on the

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2 4 process and requirements for establishing a charter school or

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    Req. No. 1111                                              Page 1
1 virtual charter school. The sponsor of a charter school that enters

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2 into a new or renewed sponsorship contract on or after July 1, 2024,

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3 shall be required to complete training provided by the Statewide

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4 Charter School Board or an organization approved by the Statewide

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5 Charter School Board on the oversight duties of the sponsor. The

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6 Board shall develop and implement the training and publish a list of

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7 organizations approved to provide training by July 1, 2024. The

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8 Board and organizations approved by the Board may provide the

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9 training in any format and manner determined to be efficient and

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1 0 effective including, but not limited to, web-based training.

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11  B. Except as otherwise provided for in Section 3-137 of this

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1 2 title, an applicant seeking to establish a virtual charter school

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1 3 shall submit a written application to the Statewide Charter School

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1 4 Board, and an applicant seeking to establish a charter school shall

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1 5 submit a written application to the proposed sponsor as provided for

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1 6 in subsection E of this section. The application shall include:

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17  1. A mission statement for the charter school or virtual

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1 8 charter school;

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19  2. A description including, but not limited to, background

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2 0 information of the organizational structure and the governing board

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2 1 of the charter school or virtual charter school;

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22  3. A financial plan for the first five (5) years of operation

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2 3 of the charter school or virtual charter school and a description of

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2 4 the treasurer or other officers or persons who shall have primary

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    Req. No. 1111                                     Page 2
1 responsibility for the finances of the charter school or virtual

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2 charter school. Such person shall have demonstrated experience in

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3 school finance or the equivalent thereof;

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4   4. A description of the hiring policy of the charter school or

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5 virtual charter school;

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6   5. The name of the applicant or applicants and requested

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7 sponsor;

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8   6. A description of the facility and location of the charter

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9 school;

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10  7. A description of the grades being served;

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11  8. An outline of criteria designed to measure the effectiveness

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1 2 of the charter school or virtual charter school;

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13  9. Documentation that the applicants completed training as set

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1 4 forth in subsection A of this section;

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15  10. A description of the minimum and maximum enrollment planned

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1 6 per year for each term of the charter contract;

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17  11. The proposed calendar for the charter school or virtual

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1 8 charter school and sample daily schedule;

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19  12. Unless otherwise authorized by law or regulation, a

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2 0 description of the academic program aligned with state standards;

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21  13. A description of the instructional design of the charter

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2 2 school or virtual charter school including the type of learning

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2 3 environment, class size and structure, curriculum overview, and

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2 4 teaching methods;

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    Req. No. 1111                                     Page 3
1   14. The plan for using internal and external assessments to

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2 measure and report student progress on the performance framework

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3 developed by the applicant in accordance with Section 3-136 of this

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4 title;

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5   15. The plans for identifying and successfully serving students

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6 with disabilities, students who are English language learners, and

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7 students who are academically behind;

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8   16. A description of cocurricular or extracurricular programs

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9 and how they will be funded and delivered;

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10  17. Plans and time lines for student recruitment and enrollment

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1 1 including lottery procedures;

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12  18. The student discipline policies for the charter school or

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1 3 virtual charter school including those for special education

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1 4 students;

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15  19. An organizational chart that clearly presents the

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1 6 organizational structure of the charter school or virtual charter

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1 7 school, including lines of authority and reporting between the

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1 8 governing board, staff, any related bodies such as advisory bodies

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1 9 or parent and teacher councils, and any external organizations that

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2 0 will play a role in managing the school;

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21  20. A clear description of the roles and responsibilities for

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2 2 the governing board, the leadership and management team for the

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2 3 charter school or virtual charter school, and any other entities

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2 4 shown in the organizational chart;

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    Req. No. 1111                                          Page 4
1   21. The leadership and teacher employment policies for the

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2 charter school or virtual charter school;

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3   22. Proposed governing bylaws;

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4   23. Explanations of any partnerships or contractual

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5 partnerships central to the operations or mission of the charter

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6 school or virtual charter school;

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7   24. The plans for providing transportation, food service, and

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8 all other significant operational or ancillary services;

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9   25. Opportunities and expectations for parental involvement;

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10  26. A detailed school start-up plan that identifies tasks, time

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1 1 lines, and responsible individuals;

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12  27. A description of the financial plan and policies for the

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1 3 charter school or virtual charter school including financial

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1 4 controls and audit requirements;

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15  28. A description of the insurance coverage the charter school

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1 6 or virtual charter school will obtain;

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17  29. Start-up and five-year budgets with clearly stated

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1 8 assumptions;

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19  30. Start-up and first-year cash-flow projections with clearly

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2 0 stated assumptions;

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21  31. Evidence of anticipated fundraising contributions, if

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2 2 claimed in the application;

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23  32. A sound facilities plan including backup or contingency

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2 4 plans if appropriate;

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    Req. No. 1111                                           Page 5
1   33. A requirement that the charter school or virtual charter

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2 school governing board meet no fewer than ten (10) months of the

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3 year in the state and that for those charter schools outside of

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4 counties with a population of five hundred thousand (500,000) or

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5 more, that a minimum of two (2) members are residents within the

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6 geographic boundary of the charter school;

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7   34. A requirement that the charter school or virtual charter

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8 school follow the requirements of the Oklahoma Open Meeting Act and

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9 Oklahoma Open Records Act; and

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10  35. A copy of any proposed contract between the governing board

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1 1 of a charter school or virtual charter school and an educational

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1 2 management organization, as defined by Section 5-200 of this title,

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1 3 which meets the requirements of the Oklahoma Charter Schools Act.

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14  C. A board of education of a public school district, public

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1 5 body, public or private college or university, private person, or

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1 6 private organization may contract with a sponsor to establish a

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1 7 charter school or virtual charter school. A private school shall

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1 8 not be eligible to contract for a charter school or virtual charter

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1 9 school under the provisions of the Oklahoma Charter Schools Act.

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20  D. The sponsor of a charter school is the board of education of

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2 1 a school district, a higher education institution, a private

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2 2 institution of higher learning accredited pursuant to Section 4103

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2 3 of this title, a federally recognized Indian tribe which meets the

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2 4 criteria established in Section 3-132 of this title, or beginning

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    Req. No. 1111                             Page 6
1 July 1, 2024, the Statewide Charter School Board. Any sponsor

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2 authorized pursuant to subsection A of Section 3-132 of this title

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3 may sponsor one or more charter schools. The physical location of a

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4 charter school sponsored by a board of education of a school

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5 district shall be within the boundaries of the sponsoring school

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6 district. The physical location of a charter school sponsored by

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7 the Statewide Charter School Board pursuant to paragraph 6 of

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8 subsection A of Section 3-132 of this title shall be in the school

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9 district in which the application originated.

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10  E. 1. Beginning July 1, 2024 2025, any application seeking to

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1 1 establish a charter school in this state shall be submitted first to

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1 2 the school district in which the proposed charter school is to be

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1 3 located. The school district board of education shall approve or

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1 4 deny the application within sixty (60) days of receipt of the

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1 5 application. If the charter school application is denied, nothing

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1 6 shall prohibit an applicant from submitting a revised application to

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1 7 the school district board of education, which shall approve or deny

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1 8 the revised application within sixty (60) days of receipt of the

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1 9 application.

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20  2. An applicant for a charter school that has been denied

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2 1 pursuant to paragraph 1 of this subsection may submit an application

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2 2 to a proposed sponsor listed in paragraphs 2 through 6 of subsection

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2 3 A of Section 3-132 of this title, which shall either accept or

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2 4 reject sponsorship of the charter school within ninety (90) days of

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    Req. No. 1111                                Page 7
1 receipt of the application. If the proposed sponsor rejects the

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2 application, it shall notify the applicant in writing of the reasons

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3 for the rejection. The applicant may submit a revised application

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4 for reconsideration to the proposed sponsor within thirty (30) days

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5 after receiving notification of the rejection. The proposed sponsor

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6 shall accept or reject the revised application within thirty (30)

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7 days of its receipt.

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8   3. 2. Beginning July 1, 2024, an applicant for a virtual

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9 charter school shall submit an application to the Statewide Charter

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1 0 School Board, which shall either accept or reject sponsorship of the

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1 1 virtual charter school within ninety (90) days of receipt of the

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1 2 application. If the application is rejected, the Statewide Charter

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1 3 School Board shall notify the applicant in writing of the reasons

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1 4 for the rejection. The applicant may submit a revised application

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1 5 for reconsideration to the Statewide Charter school Board within

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1 6 thirty (30) days after receiving notification of the rejection. The

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1 7 Statewide Charter School Board shall accept or reject the revised

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1 8 application within thirty (30) days of its receipt.

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19  F. A board of education of a school district, a higher

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2 0 education institution, a private institution of higher learning

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2 1 accredited pursuant to Section 4103 of this title, or a federally

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2 2 recognized Indian tribe shall notify the State Board of Education

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2 3 and the Statewide Charter School Board when it accepts sponsorship

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    Req. No. 1111                                           Page 8
1 of a charter school. The notification shall include a copy of the

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2 charter of the charter school.

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3   G. Applicants for charter schools and virtual charter schools

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4 proposed to be sponsored by the Statewide Charter School Board may,

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5 upon rejection of a revised application, proceed to binding

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6 arbitration under the commercial rules of the American Arbitration

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7 Association with costs of the arbitration to be borne by the

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8 applicant.

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9   H. If a board of education of a school district, a higher

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1 0 education institution, a private institution of higher learning

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1 1 accredited pursuant to Section 4103 of this title, or a federally

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1 2 recognized Indian tribe accepts sponsorship of a charter school, the

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1 3 administrative, fiscal, and oversight responsibilities of the school

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1 4 district, the higher education institution, the private institution

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1 5 of higher learning accredited pursuant to Section 4103 of this

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1 6 title, or the federally recognized Indian tribe shall be listed in

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1 7 the contract. No administrative, fiscal, or oversight

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1 8 responsibilities of a charter school shall be delegated to a school

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1 9 district unless the school district agrees to enter into a contract

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2 0 to assume the responsibilities.

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21  I. A sponsor of a public charter school shall have the

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2 2 following powers and duties over charter schools it sponsors, and

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2 3 the Statewide Charter School Board shall have the following powers

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    Req. No. 1111                                              Page 9
1 and duties over the charter schools and virtual charter schools it

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2 sponsors:

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3   1. Provide services and oversight of the operations of charter

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4 schools or virtual charter schools in the state through annual

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5 performance reviews and reauthorization;

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6   2. Solicit and evaluate charter applications;

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7   3. Approve quality charter applications that meet identified

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8 educational needs and promote a diversity of educational choices;

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9   4. Decline to approve weak or inadequate charter applications;

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10  5. Negotiate and execute sound charter contracts with each

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1 1 approved public charter school or virtual charter school;

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12  6. Approve or deny proposed contracts between the governing

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1 3 board of a charter school or virtual charter school and an

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1 4 educational management organization, as defined by section Section

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1 5 5-200 of this title;

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16  7. Monitor, in accordance with charter contract terms, the

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1 7 performance and legal compliance of charter schools and virtual

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1 8 charter schools; and

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19  8. Determine whether each charter contract merits renewal,

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2 0 nonrenewal, or revocation.

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21  J. Sponsors shall establish a procedure for accepting,

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2 2 approving, and disapproving charter school applications in

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2 3 accordance with subsection E of this section. The Statewide Charter

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    Req. No. 1111                                               Page 10
1 School Board shall post its application, application process, and

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2 application time frames on the Board's website.

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3   K. Sponsors including the Statewide Charter School Board shall

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4 develop and maintain chartering policies and practices consistent

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5 with recognized principles and standards for quality charter

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6 sponsoring in all major areas of sponsoring responsibility including

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7 organizational capacity and infrastructure, soliciting and

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8 evaluating charter school and virtual charter school applications,

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9 performance contracting, ongoing charter school and virtual charter

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1 0 school oversight and evaluation, and charter contract renewal

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1 1 decision-making.

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12  L. Sponsors acting in their official capacity shall be immune

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1 3 from civil and criminal liability with respect to all activities

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1 4 related to a charter school with which they contract.

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

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16  SECTION 3. It being immediately necessary for the preservation

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1 7 of the public peace, health, or safety, an emergency is hereby

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1 8 declared to exist, by reason whereof this act shall take effect and

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1 9 be in full force from and after its passage and approval.

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    Req. No. 1111                                              Page 11
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