STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1855	By:	Shumate

AS INTRODUCED

An Act relating to schools; amending 70 O.S. 2001, Section 3-136, as amended by Section 1, Chapter 439, O.S.L. 2008 (70 O.S. Supp. 2010, Section 3-136), which relates to rules and standards for charter schools; deleting restriction on levying taxes and issuing bonds; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2001, Section 3-136, as amended by Section 1, Chapter 439, O.S.L. 2008 (70 O.S. Supp. 2010, Section 3-136), is amended to read as follows:
Section 3-136.  A.  A charter school shall adopt a charter which will ensure compliance with the following:
1.  A charter school shall comply with all federal regulations and state and local rules and statutes relating to health, safety, civil rights and insurance.  By January 1, 2000, the State Department of Education shall prepare a list of relevant rules and statutes which a charter school must comply with as required by this paragraph and shall annually provide an update to the list;
2.  A charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations.  A sponsor may not authorize a charter school or program that is affiliated with a nonpublic sectarian school or religious institution;
3.  The charter school may provide a comprehensive program of instruction for a prekindergarten program, a kindergarten program or any grade between grades one and twelve.  Instruction may be provided to all persons between the ages of four (4) and twenty-one (21) years.  A charter school may offer a curriculum which emphasizes a specific learning philosophy or style or certain subject areas such as mathematics, science, fine arts, performance arts, or foreign language.  The charter of a charter school which offers grades nine through twelve shall specifically address whether the charter school will comply with the graduation requirements established in Section 11-103.6 of this title.  No charter school shall be chartered for the purpose of offering a curriculum for deaf or blind students that is the same or similar to the curriculum being provided by or for educating deaf or blind students that are being served by the Oklahoma School for the Blind or the Oklahoma School for the Deaf;
4.  A charter school shall participate in the testing as required by the Oklahoma School Testing Program Act and the reporting of test results as is required of a school district.  A charter school shall also provide any necessary data to the Office of Accountability;
5.  Except as provided for in the Oklahoma Charter Schools Act and its charter, a charter school shall be exempt from all statutes and rules relating to schools, boards of education, and school districts;
6.  A charter school, to the extent possible, shall be subject to the same reporting requirements, financial audits, audit procedures, and audit requirements as a school district.  The State Department of Education or State Auditor and Inspector may conduct financial, program, or compliance audits.  A charter school shall use the Oklahoma Cost Accounting System to report financial transactions to the sponsoring school district;
7.  A charter school shall comply with all federal and state laws relating to the education of children with disabilities in the same manner as a school district;
8.  A charter school shall provide for a governing body for the school which shall be responsible for the policies and operational decisions of the charter school;
9.  A charter school shall not be used as a method of generating revenue for students who are being home schooled and are not being educated at an organized charter school site;
10.  A charter school may not charge tuition or fees;
11.  A charter school shall provide instruction each year for at least the number of days required in Section 1-109 of this title;
12.  A charter school shall comply with the student suspension requirements provided for in Section 24-101.3 of this title;
13.  A charter school shall be considered a school district for purposes of tort liability under The Governmental Tort Claims Act;
14.  Employees of a charter school may participate as members of the Teachers' Retirement System of Oklahoma in accordance with applicable statutes and rules if otherwise allowed pursuant to law;
15.  A charter school may participate in all health and related insurance programs available to the employees of the sponsor of the charter school;
16.  A charter school shall comply with the Oklahoma Open Meeting Act and the Oklahoma Open Records Act; and
17.  The governing body of a charter school shall be subject to the same conflict of interest requirements as a member of a local school board.
B.  The charter of a charter school shall include a description of the personnel policies, personnel qualifications, and method of school governance, and the specific role and duties of the sponsor of the charter school.
C.  The charter of a charter school may be amended at the request of the governing body of the charter school and upon the approval of the sponsor.
D.  A charter school may enter into contracts and sue and be sued.
E.  The governing body of a charter school may not levy taxes or issue bonds.
F.  The charter of a charter school shall include a provision specifying the method or methods to be employed for disposing of real and personal property acquired by the charter school upon expiration or termination of the charter or failure of the charter school to continue operations.  Except as otherwise provided, any real or personal property purchased with state or local funds shall be retained by the sponsoring school district.  If a charter school that was previously sponsored by the board of education of a school district continues operation within the school district under a new charter sponsored by an entity authorized pursuant to Section 3-132 of this title, the charter school may retain any personal property purchased with state or local funds for use in the operation of the charter school until termination of the new charter or failure of the charter school to continue operations.
SECTION 2.  This act shall become effective July 1, 2011.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby 

declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-1-6521	KB	01/19/11