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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 388 By: Seifried
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6 AS INTRODUCED
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7 An Act relating to students; authorizing students
7 enrolled in a charter school or virtual charter
8 school to participate in certain extracurricular
8 activities; providing for determination of
9 eligibility; defining term; amending 70 O.S. 2021,
9 Section 3-140, as amended by Section 10, Chapter 323,
10 O.S.L. 2023 (70 O.S. Supp. 2024, Section 3-140),
10 which relates to student eligibility to enroll in
11 charter schools; updating statutory references;
11 authorizing certain students to participate in
12 certain activities beginning on certain date;
12 updating statutory language; amending 70 O.S. 2021,
13 Section 27-103, which relates to the Oklahoma
13 Extracurricular Activities Accountability Act;
14 requiring certain association's written policy to
14 include certain provision regarding participation of
15 certain students; providing for codification;
15 providing an effective date; and declaring an
16 emergency.
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1 8 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. NEW LAW A new section of law to be codified
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2 0 in the Oklahoma Statutes as Section 3-140.1 of Title 70, unless
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2 1 there is created a duplication in numbering, reads as follows:
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22 A. Students enrolled in a charter school or virtual charter
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2 3 school authorized pursuant to the Oklahoma Charter Schools Act shall
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1 be eligible to participate in extracurricular activities offered by
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2 the resident school district of the student.
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3 B. Eligibility for charter school and virtual charter school
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4 students shall be determined in accordance with the resident school
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5 district's eligibility rules and policies and any rules and policies
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6 of a school athletic association, as defined in Section 27-102 of
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7 Title 70 of the Oklahoma Statutes.
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8 C. For the purposes of this section, "resident school district"
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9 shall mean the public school district in which the student resides
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1 0 as defined in Section 1-113 of Title 70 of the Oklahoma Statutes.
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11 SECTION 2. AMENDATORY 70 O.S. 2021, Section 3-140, as
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1 2 amended by Section 10, Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2024,
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1 3 Section 3-140), is amended to read as follows:
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14 Section 3-140. A. A charter school with a brick-and-mortar
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1 5 school site or sites shall enroll those students whose legal
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1 6 residence is within the boundaries of the school district in which
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1 7 the charter school is located and who submit a timely application,
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1 8 or those students who transfer to the charter school in accordance
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1 9 with the Education Open Transfer Act, unless the number of
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2 0 applications exceeds the capacity of a program, class, grade level,
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2 1 or building. Students who reside in a school district where a
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2 2 charter school is located shall not be required to obtain a transfer
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2 3 in order to attend a charter school in the school district of
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2 4 residence. If capacity is insufficient to enroll all eligible
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1 students, the charter school shall select students through a lottery
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2 selection process. A charter school shall give enrollment
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3 preference to eligible students who reside within the boundaries of
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4 the school district in which the charter school is located and who
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5 attend a school site that has been identified as in need of
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6 improvement by the State Board of Education pursuant to the
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7 Elementary and Secondary Education Act of 1965, as amended or
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8 reauthorized by P.L. No. 114-95, also known as the Every Student
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9 Succeeds Act (ESSA). A charter school may limit admission to
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1 0 students within a given age group or grade level. A charter school
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1 1 sponsored by the Statewide Charter School Board when the applicant
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1 2 of the charter school is the Office of Juvenile Affairs shall limit
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1 3 admission to youth that are in the custody or supervision of the
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1 4 Office of Juvenile Affairs.
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15 B. A brick-and-mortar charter school shall admit students who
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1 6 reside in the attendance area of a school or in a school district
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1 7 that is under a court order of desegregation or that is a party to
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1 8 an agreement with the United States Department of Education Office
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1 9 for Civil Rights directed towards mediating alleged or proven racial
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2 0 discrimination unless notice is received from the resident school
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2 1 district that admission of the student would violate the court order
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2 2 or agreement.
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23 C. A brick-and-mortar charter school may designate a specific
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2 4 geographic area within the school district in which the charter
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1 school is located as an academic enterprise zone and may limit
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2 admissions to students who reside within that area. An academic
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3 enterprise zone shall be a geographic area in which sixty percent
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4 (60%) or more of the children who reside in the area qualify for the
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5 free or reduced school lunch program.
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6 D. Except as provided in subsections B and C of this section, a
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7 charter school or virtual charter school shall not limit admission
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8 based on ethnicity, national origin, gender, income level, disabling
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9 condition, proficiency in the English language, measures of
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1 0 achievement, aptitude, or athletic ability.
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11 E. A sponsor of a charter school shall not restrict the number
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1 2 of students a charter school may enroll, and the Statewide Charter
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1 3 School Board shall not restrict the number of students a virtual
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1 4 charter school or charter school may enroll. The capacity of a
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1 5 charter school or virtual charter school shall be determined
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1 6 quarterly by the governing board of the charter school or virtual
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1 7 charter school pursuant to the provisions of the Education Open
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1 8 Transfer Act.
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19 F. Beginning July 1, 2024, each statewide virtual charter
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2 0 school which has been approved and sponsored by the Statewide
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2 1 Charter School Board or any virtual charter school for which the
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2 2 Board has assumed sponsorship as provided for in Section 1 Section
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2 3 3-132.1 of this act title shall be considered a statewide virtual
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1 charter school and the geographic boundaries of each statewide
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2 virtual charter school shall be the borders of the state.
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3 H. G. Beginning July 1, 2024 2025, students enrolled full-time
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4 in a statewide virtual charter school sponsored by the Statewide
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5 Charter School Board shall not be authorized to participate in any
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6 activities administered by the Oklahoma Secondary School Activities
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7 Association pursuant to Section 1 of this act. However, the
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8 students Virtual charter school students may participate in
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9 intramural activities sponsored by a statewide virtual charter
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1 0 school, an online provider for the charter school, or any other
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1 1 outside organization.
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12 I. H. 1. Beginning July 1, 2024, a public school student who
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1 3 wishes to enroll in a virtual charter school shall be considered a
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1 4 transfer student from his or her resident school district. A
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1 5 virtual charter school shall pre-enroll any public school student
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1 6 whose parent or legal guardian expresses intent to enroll in the
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1 7 virtual charter school. Upon pre-enrollment, the State Department
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1 8 of Education shall initiate a transfer on a form to be completed by
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1 9 the receiving virtual charter school. Upon approval of the
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2 0 receiving virtual charter school, the student may begin
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2 1 instructional activities. Upon notice that a public school student
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2 2 has transferred to a virtual charter school, the resident school
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2 3 district shall transmit the student's records within three (3)
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2 4 school days.
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1 2. The State Department of Education shall notify the
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2 Legislature and Governor if it determines that the information
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3 technology infrastructure necessary to process the transfer of
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4 students to a virtual charter school is inadequate and additional
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5 time is needed for implementation.
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6 3. A public school student may transfer to one statewide
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7 virtual charter school at any time during a school year. For
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8 purposes of this subsection, "school year" shall mean July 1 through
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9 the following June 30. After one statewide virtual charter school
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1 0 transfer during a school year, no public school student shall be
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1 1 permitted to transfer to any other statewide virtual charter school
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1 2 without the concurrence of both the resident school district and the
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1 3 receiving virtual charter school. A student shall have a grace
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1 4 period of fifteen (15) school days from the first day of enrollment
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1 5 in a statewide virtual charter school to withdraw without academic
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1 6 penalty and shall continue to have the option of one virtual charter
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1 7 school transfer without the concurrence of both the resident school
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1 8 district and the receiving virtual charter school during that same
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1 9 school year. A statewide virtual charter school student that has
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2 0 utilized the allowable one transfer pursuant to this subsection
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2 1 shall not be permitted to transfer to another school district or
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2 2 another statewide virtual charter school without first notifying his
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2 3 or her resident district and initiating a new transfer. Upon
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2 4 cancellation of a transfer, the virtual charter school shall
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1 transmit the student's records to the student's new school district
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2 within three (3) school days. Students enrolled in a statewide
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3 virtual charter school shall not be required to submit a virtual
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4 charter transfer for consecutive years of enrollment. Any student
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5 enrolled in a statewide virtual charter school the year prior to the
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6 implementation of this section shall not be required to submit a
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7 transfer in order to remain enrolled.
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8 J. I. 1. Beginning July 1, 2024, a student shall be eligible
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9 to enroll in a statewide virtual charter school sponsored by the
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1 0 Statewide Charter School Board pursuant to Section 1 Section 3-132.1
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1 1 of this act title if he or she is a student whose parent or legal
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1 2 guardian is transferred or is pending transfer to a military
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1 3 installation within this state while on active military duty
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1 4 pursuant to an official military order.
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15 2. A statewide virtual charter school shall accept applications
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1 6 by electronic means for enrollment and course registration for
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1 7 students described in paragraph 1 of this subsection.
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18 3. The parent or legal guardian of a student described in
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1 9 paragraph 1 of this subsection shall provide proof of residence in
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2 0 this state within ten (10) days after the published arrival date
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2 1 provided on official documentation. A parent or legal guardian may
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2 2 use the following addresses as proof of residence:
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23 a. a temporary on-base billeting facility,
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24 b. a purchased or leased home or apartment, or
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1 c. federal government or public-private venture off-base
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2 military housing.
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3 4. The provisions of paragraph 3 of subsection I H shall apply
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4 to students described in paragraph 1 of this subsection.
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5 5. For purposes of this subsection:
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6 a. "active military duty" means full-time military duty
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7 status in the active uniformed service of the United
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8 States including members of the National Guard and
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9 Military Reserve military reserves on active duty
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10 orders, and
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11 b. "military installation" means a base, camp, post,
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12 station, yard, center, homeport facility for any ship,
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13 or other installation under the jurisdiction of the
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14 United States Department of Defense or the United
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15 States Coast Guard.
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16 SECTION 3. AMENDATORY 70 O.S. 2021, Section 27-103, is
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1 7 amended to read as follows:
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18 Section 27-103. A public school or school district shall not be
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1 9 a member of any school athletic association unless that association
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2 0 has adopted a written policy that requires the following:
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21 1. All records of the association to be made accessible
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2 2 consistent with the provisions of the Oklahoma Open Records Act;
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23 2. All meetings of the association to be open and conducted in
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2 4 a manner consistent with the provisions of the Oklahoma Open Meeting
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1 Act, including specifically the notice and agenda, voting and
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2 executive session requirements; and
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3 3. That a student enrolled in a charter school or virtual
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4 charter school is allowed to participate in interscholastic
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5 activities or contests offered by the student's resident district as
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6 defined in Section 1-113 of this title. Student participation shall
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7 be subject to the provisions of Section 1 of this act; and
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8 4. An annual financial audit and a compliance audit of all
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9 funds of the association in accordance with the auditing standards
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1 0 set forth in the Oklahoma Public School Audit Law. In addition, the
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1 1 association shall have performance audits conducted of the
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1 2 operations of the association. A performance audit shall be
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1 3 conducted no later than December 31, 2014, and by December 31 every
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1 4 five (5) years thereafter.
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15 SECTION 4. This act shall become effective July 1, 2025.
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16 SECTION 5. 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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