STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 378	By:	Shumate

AS INTRODUCED

An Act relating to the Oklahoma Charter Schools Act; amending 70 O.S. 2011, Section 3-134, which relates to applications for charter school sponsorship; allowing certain charter schools to be physically located in certain facilities; 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. 2011, Section 3-134, is amended to read as follows:
Section 3-134.  A.  For written applications filed after January 1, 2008, prior to submission of the application to a proposed sponsor seeking to establish a charter school, the applicant shall be required to complete training which shall not exceed ten (10) hours provided by the State Department of Education on the process and requirements for establishing a charter school.  The Department shall develop and implement the training by January 1, 2008.  The Department may provide the training in any format and manner that the Department determines to be efficient and effective including, but not limited to, web-based training.
B.  Except as otherwise provided for in Section 3-137 of this title, an applicant seeking to establish a charter school shall submit a written application to the proposed sponsor as prescribed in subsection E of this section.  The application shall include:
1.  A mission statement for the charter school;
2.  A description of the organizational structure and the governing body of the charter school;
3.  A financial plan for the first three (3) years of operation of the charter school and a description of the treasurer or other officers or persons who shall have primary responsibility for the finances of the charter school.  Such person shall have demonstrated experience in school finance or the equivalent thereof;
4.  A description of the hiring policy of the charter school;
5.  The name of the applicant or applicants and requested sponsor;
6.  A description of the facility and location of the charter school;
7.  A description of the grades being served;
8.  An outline of criteria designed to measure the effectiveness of the charter school;
9.  A demonstration of support for the charter school from residents of the school district which may include but is not limited to a survey of the school district residents or a petition signed by residents of the school district; and
10.  Documentation that the applicants completed charter school training as set forth in subsection A of this section.
C.  A board of education of a public school district, public body, public or private college or university, private person, or private organization may contract with a sponsor to establish a charter school.  A private school shall not be eligible to contract for a charter school under the provisions of the Oklahoma Charter Schools Act.
D.  The sponsor of a charter school is the board of education of a school district, the board of education of a technology center school district, a higher education institution, the State Board of Education, or a federally recognized Indian tribe which meets the criteria established in Section 3-132 of this title.  Any board of education of a school district in the state may sponsor one or more charter schools.  The physical location of a charter school sponsored by a board of education of a school district or a technology center school district shall be within the boundaries of the sponsoring school district, or be within a facility or facilities located within the State of Oklahoma that is owned by a nonprofit organization or a federally recognized Indian tribe.  The physical location of a charter school sponsored by the State Board of Education when the applicant of the charter school is the Office of Juvenile Affairs shall be where an Office of Juvenile Affairs facility for youth is located.
E.  An applicant for a charter school may submit an application to a proposed sponsor which shall either accept or reject sponsorship of the charter school within ninety (90) days of receipt of the application.  If the proposed sponsor rejects the application, it shall notify the applicant in writing of the reasons for the rejection.  The applicant may submit a revised application for reconsideration to the proposed sponsor within thirty (30) days after receiving notification of the rejection.  The proposed sponsor shall accept or reject the revised application within thirty (30) days of its receipt.
F.  A board of education of a school district, board of education of a technology center school district, higher education institution, or federally recognized Indian tribe sponsor of a charter school shall notify the State Board of Education when it accepts sponsorship of a charter school.  The notification shall include a copy of the charter of the charter school.
G.  If a proposed sponsor rejects the revised application for a charter school, the applicant may proceed to mediation or binding arbitration or both mediation and binding arbitration as provided in the Dispute Resolution Act and the rules promulgated pursuant thereto.  The applicant shall contact the early settlement program for the county in which the charter school would be located.  If the parties proceed to binding arbitration, a panel of three arbitrators shall be appointed by the director of the early settlement program handling the dispute.  The proposed sponsor shall pay the cost for any mediation or arbitration requested pursuant to this section.
H.  If a board of education of a technology center school district, a higher education institution, the State Board of Education, or a federally recognized Indian tribe accepts sponsorship of a charter school, the administrative, fiscal and oversight responsibilities of the technology center school district, the higher education institution, or the federally recognized Indian tribe shall be listed in the contract.  No responsibilities shall be delegated to a school district unless the local school district agrees to assume the responsibilities.
SECTION 2.  This act shall become effective July 1, 2013.
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.

54-1-1187	EB	1/15/2013 9:43:47 AM