Okla. Admin. Code § 777:10-3-3

Current through Vol. 42, No. 8, January 2, 2025

Section 777:10-3-3 - [Effective until 9/14/2025] Applications to sponsor statewide virtual charter schools; renewal and termination of contracts for sponsorship of statewide virtual charter schools for charter schools and virtual charter schools

(a)Sponsorship application cycle and timelines. To ensure that timely processing, review, and consideration of initial applications for sponsorship occurs within the time periods specified by 70 O.S. § 3-134, and to ensure that the application process is completed with sufficient time for new schools to organize and comply with all statutory reporting requirements for the beginning of the initial school year, the timeline for the application cycle for the following school year is as follows:

(1) Completion of charter school training required by 70 O.S. § 3-134(A) prior to submission of letter of intent to submit an application;

(2) Charter school training must be completed by an individual directly associated with the applicant and within the last three (3) years;

(3) A letter of intent to submit an application for sponsorship must be provided to the Statewide Charter School Board. Upon receipt of the letter of intent, guidance for application submission willbe provided;

(4) An application for sponsorship shall be submitted at least eighteen (18) months but not more than twent-four (24) months prior to July of the expected school opening year;

(5) a public presentation of the application for sponsorship will be conducted at the next subsequent Statewide Charter School Board meeting;

(6) a review of the application will consider all aspects of the application process, including but not limited to the written application, supporting documents, presentation, and capacity interview;

(7) the Statewide Charter School Board will render a decision on the application for sponsorship at a subsequent open board meeting;

(8) If approved, negotiation and execution of a contract for sponsorship will begin;

(9) If rejected, the appplicant may submit revised application within thirty (30) calendar days of receipt of notification rejection;

(10) a board decision on the revised application, if applicable, will be rendered within thirty (30) calendar days of receipt of the revised application;

(11) If approved, negotiation and execution of a contract for sponsorship will begin; and

(12) If rejected, the application may proceed according to statute.

(b)Initial application requirements for sponsorship. In addition to meet the requirements of 70 O.S. § 3-134 and the authorizer, applications to the Statewide Charter School Board for sponsorship of a charter school or virtual charter school must include the following information in the sponsorship proposal. For initial consideration for sponsorship, the applicant information and documents related to the organizational, academic, and financil capacity charter school or virtual charter school. If approved, the application shall be incorporated into the terms of the contract, and shall include the following:

(1) Proposed School Information

(A) Name of proposed school;

(B) Name of applicant;

(C) Name of contact, title, address, email, and phone number;

(D) The grade level to be served;

(E) Proposed minimum and maximum enrollment for each year if the five-year charter contract ter; and

(F) Date the application was approved by the proposed school's governing board.

(2) A cover letter not to exceed three (3) pages that includes an overview of the proposed school and the community it would serve.

(3) Vision and mission statements and related information.

(4) Completed Charter School Training documentation.

(5) Academic Program

(A) The proposed school's instructional design including the type of learning environment that will be created, class size and structure, curriculum overview, and teaching methods;

(B) The plan for using internal and external assessments to measure and report student Include how the proposed school will use formative and summative assessments to measure program effectivness;

(C) The plan for identifying and successfully serving students with disabilities, students who are English language learners, students who are academically behind, and students who are gifted and/or talented;

(D) The policies that will determine the requirements for student grade placement, promotion, and retention;

(E) For high schools, graduation requirments and highlight any expectations that will go above or beyond the state requirements;

(F) The plan for offering co-curricular and extracurricular programs and how the offered programs will be funded and delivered; and

(G) Curriculum guides for each core academic area aligned with the Oklahoma Acadeic Standards or in the absence of curriculum guides, submit a narrative detailing the curriculum development process and timeline to achieve this goal prior to the school opening.

(6) Financial Capacity

(A) A narrative describing how financial decisions will be made which support the school's vision and mission and the academic program;

(B) A financial plan for the first five (5) years of operation and a description of the treasurer, encumbrance clerk, and other financial officers or persons who have primary responsibility for the finances of the proposed school. Include a description of financial controls and audit requirements;

(C) Evidence of anticipated fundraising contributions, if applicable;

(D) Plans to acquire a start-up funding through agreements, donations, lons, and/or long-term debt;

(E) A description of the insurance coverage the proposed school will obtain;

(F) Start-up and five-year budgets with clearly stated assumptions;

(G) Start-up and first-year cash-flow projections with clearly stated assumptions;

(H) Any proposed contract between the proposed school's governing board and an educational management organization; and

(I) Verifiable proof of secured funds for each source of revenue and documentation to support any agreement, donation, loan, or long-term debt that supports the budget.

(7) Organizational Capacity

(A) A narrative describing the proposed school's governing board's capacity to achieve this expectation;

(B) The proposed school's plans for providing transportation, food service, and all other significant operational or ancillary services;

(C) The leadership and teacher employment and hiring policies expected for the proposed school;

(D) Any partnerships or contractual partnerships the proposed school plans to enter;

(E) The proposed school's facilities plan including backup or contingency plans if appropriate;

(F) The plans and timelines for student recruitment and enrollment including lottery procedures;

(G) A description of parent expectations and the plan for parental involvement;

(H) A detailed school start-up plan that identifies tasks, timelines, and responsible individuals;

(I) An organization chart that clearly presents the organizational structure of the proposed school including lines of authority and any external organizations expected to play a role in managing the proposed school and including a description of the roles and responsibilities of each entity;

(J) Roster of governing board members and contact information;

(K) Proposed governing board's by-law's;

(L) Signed and notarized Statement of Assurance from each governing board member demonstrating agreement to fully comply as an Oklahoma public charter school or virtual charter school with all statutes, regulations, and requirements of the United States of America, State of Oklahoma, Statewide Charter School Board, and Department of Education; citing agreement to abide by the Oklahoma Open Meeting Act and the Oklahoma Open Records Act; guaranteeing access to education and equity for all eligible students regardless of their race, ethnicity, economic status, academic ability or other factors as established by law; acknowledging the performance criteria designed to measure the effectiveness of the proposed school; guaranteeing to meet no fewer than ten (10) months of the year in the state; and guaranteeing to establish the components necessary to begin school operations in the State of Oklahoma on July 1 of the first year, including a public administration facility, state-approved school financial system, state-approved student information system, and secured applicable connections to state reporting systems;

(M) Proposed Educational Management Organization Contract, if applicable;

(N) Proposed school calendar;

(O) Sample daily schedule including bell schedule, class size, instructional staff to student ratio, subjects (and average time on task), recess/free time, and meals and for high schools including access to advanced placement, dual enrollment, and career and technical education; and

(P) Proposed discipline policy, including special education students.

(c)Initial application submission, review process, criteria, acceptance or denial reconsideration, and/or appeal.

(1)Submission. All applications for sponsorship shall be submitted by the governing board of the prospective charter school or virtual charter school to the Statewide Charter School Board.

(1)Application review process. The application will be reviewed for high quality academic programming, financial planning and stability, and strong organizational structure. The SCSB shall conduct a capacity interview to ensure the school's leadership team and governing board have the collective experience and capacity to operate the school under the Board's authority.

(2)Application review criteria. In reviewing an application for sponsorship of a charter school or virtual charter school, the Statewide Charter School Board shall determine whether the applicant's proposal for sponsorship complies with the provisions of the Oklahoma Charter Schools Act and Administrative Rules. In addition, the Board may consider other factors demonstrating the applicant's capacity to successfully comply with the goals set forth in its vision and mission statements and applicable state, federal, tribal, and/or local statutes and regulations. Such factors may include, but are not limited to the following:

(A) Demonstrating experience in operation of one or more successful charter schools or virtual charter school;

(B) Providing evidence demonstrating financial stability in the prelaunch and operational years of the proposed school;

(C) Providing the criteria designed to measure the effectiveness of the charter school proposed by the applicant is reasonably calculated to provide accurate benchmarks for evaluation of teacher effectiveness and student learning; and

(D) Providing adequate human resources, facilities, systems, and structures in place as necessary to evaluate the needs of and provide effective services to All students including those with disabilities, English Language Learners, and gifted and talented students.

(e)Application for renewal of contracts for sponsorship of charter school or virtual charter schools. Renewal of a contract with a statewide virtual charter school sponsored by the Statewide Charter School Board shall be conducted in accordance with the requirements of the Oklahoma Charter Schools Act.

(1)Application requests for renewal of contract for sponsorship. Requests for renewal of the contract for sponsorship shall be submitted by the governing board of the charter school or virtual charter school in accordance with the following procedures:

(A) At least one (1) year prior to expiration of the initial contract term, but no earlier than eighteen (18) months prior to the date of expiration of the contract; the governing board of the charter school or virtual charter school must submit a letter of intent to apply for renewal of the charter contract. Upon receipt of the letter of intent, guidance for application submission will be provided.

(B) The Statewide Charter School Board shall schedule the request at a subsequent meeting. The Board shall timely submit written notice of the date, time, and location of the meeting at which the proposal for renewal will be considered.

(C) The Statewide Charter School Board shall review the proposal and take action on the request for renewal no later than eight (8) months prior to the date of expiration of the contract.

(D) The Statewide Charter School Board will issue a school performance report in accordance with State statute. The school shall have forty-five (45) calendar days to respond to the performance report and submit any correspondence or clarifications for the report. In evaluating a school's renewal request, the Board may consider the application, performance report, results of a site visit, and evidence provided in the school's presentation to the Board.

(E) The Statewide Charter School Board may accept or reject the application, may request the applicant consider application revisions, or may proceed with renewal with conditions.

(F) The Statewide Charter School Board may base its decision to deny the school governing board's request for renewal upon any of the grounds for nonrenewal or termination set forth in 70 O.S. § 3-137

(2)Format for application for renewal. The renewal application shall include:

(A) School information:

(i) Name of school;

(ii) School phone number;

(iii) Address of school;

(iv) School website address;

(v) Contact information: name, title, phone number, and email address;

(vi) Governing board president contact information: name, phone number, and email address;

(vii) Names of other governing board members;

(viii) Current authorizer;

(ix) Grade level served;

(x) Current enrollment;

(xi) Year school established;

(xii) Year school last renewed; and

(xiii) Date application approved by governing board in an open meeting

(B) A cover letter no more than three (3) pages providing a brief overview of the school's vision and mission,, school performance, and major accomplishments and challenges.

(C) A narrative that describes improvements currently undertaken and/or planned for the school.

(D) A narrative describing the school's detailed plan for the next charter contract term for the school, include how the plan is aligned to its vision and mission.

(E) The school's current strategic plan.

(F) A signed and notarized statement from the Head of the School and All governing board members, Demonstrating their consideration and approval of the reauthorization application and agreement to fully comply, as an Oklahoma public charter school with all statutes, regulations, and requirements of the United States of America, State of Oklahoma, Statewide Charter School Board, and Oklahoma Department of Education. Specifically cite agreement to abide by the Oklahoma Open Meeting Act and the Oklahoma Open Records Act, and to guarantee access to education and equity for all eligible students regardless of their race, ethnicity, economic status, academic ability, or other factors.

(3)Additional information required for charter schools or virtual charter schools currently sponsored by and Oklahoma Authorizer other than the Statewide Charter School Board and seeking renewal request.

(A) Current Charter contract;

(B) Annual Performance Frameworks and Performance Report for the school's current charter contract term;

(C) Organizational Chart;

(D) Current enrollment by grade level;

(E) Precentage of returning students in the curren school year;

(F) Oklahoma School Testing Program (OSTP) data for the past two (2) years;

(G) State School Report Cards for the past two (2) years;

(H) Annual financial audits and related documents for the pat two (2) years;

(I) Current school budget including a year-to-date comparison of budgeted versus actual revenues and expenditures;

(J) Loan and long-term debt documents;

(K) Quarterly financial statements for the oast four (4) quarters;

(L) Current statement of financial position (balance sheet) with assets, liabilities, and fund balances;

(M) Current Oklahoma State Department of Education accreditation status including all applicable documents;

(N) shared services agreements; and

(O) Educational Management Organization contract (if applicable).

(4)Performance report and site visit. The Statewide Charter School Board will issue a school performance report in accordance with State statute. The school shall have forty-five (45) calendar days to respond to the performance report and submit any corrections or clarifications for the report. In evaluating a school's renewal request, the Board may consider the application, performance report, results of a site visit, and evidence provided in the school's presentation to the Board.

(5)Notice of intent of non-renewal of contract for sponsorship. the Statewide Charter School Board may elect to not renew a contract for sponsorship in accordance with the following procedures:

(A) No later than eight (8) months prior to the date of expiration of the contract. The Statewide Virtual Charter School Board shall submit written notice of its intent of non-renewal via certified mail, return receipt requested to the governing body of the charter school at the address of record set forth in the contract. The notice shall include:

(i) A statement of any and all factual and legal grounds upon which the Board's intent to nonrenew the contract is based; and

(ii) A statement of the date, time, and location of the meeting at which the Board intends to take action on the proposed non-renewal, which shall be held no earlier than thirty (30) calendar days from the date of the notice of intent to non-renew the contract is sent to the charter school.

(B) The Board may base its decision to non-renew the contract for sponsorship upon any of the grounds for nonrenewal or termination set forth in 70 O.S. § 3-137 and/or (f)(1) of this Section.

(C) If the Statewide Charter School Board denies a request for renewal, the charter school or virtual charter school may proceed as provided for in the Oklahoma charter Schools Act.

(6)Terminations of contracts for sponsorship of charter schools and virtual charter schools. The Statewide Charter School Board may terminate the contract with a charter school or virtual charter school in accordance with the following procedures:

(A)Grounds for termination of a contract for sponsorship: At any time during the term of the contract, the Statewide Charter School Board may terminate the contract on one or more of the following grounds:

(i) Failure to meet the requirements for student performance set forth in the terms of the contract;

(ii) Failure to meet the standards of fiscal accounting and management set forth in the terms of the contract;

(iii) Violations of applicable state, federal, tribal, or local laws, statutes, and/or regulations;

(iv) Other good cause as established by the Board, which may include, but shall not be limited to:

(I) Failure by the governing body of the charter school, its charter school administrators, charter school personnel, and/or charter school contractors to meet reporting deadlines necessary for compliance with state or federal statutes or regulations;

(II) Failure by the governing body of the charter school, its charter school administrators, charter school personnel, and/or charter school contractors to accurately report student enrollment counts;

(III) Failure by the governing body of the charter school, its charter school administrators, charter school personnel, and/or charter school contractors to accurately report and/or classify student accountability data;

(IV) Identification and/or designation of the charter school by the State Board of Education as consistently in need of improvement in accordance with subsection (g) (6) of Section 1003 of Title I of the Elementary and Secondary Education Act of 1965 (ESEA), pursuant to 70 O.S. § 1210.544;

(V) Any material breach of the terms set forth in the contract for sponsorship; and

(VI) Any action or failure to act by the governing body of the charter school, its charter school administrators, charter school personnel, and/or charter school contractors that presents or results in an immediate and serious danger to the health, safety, and welfare of its students.

(B)Notice of intent to terminate contract. At least ninety (90) calendar days prior to termination of a contract for sponsorship of a charter school or virtual charter school, the Statewide Charter School Board shall submit written notice of its intent to terminate the contract via certified mail, return receipt requested to the governing board of the charter school at the address of record set forth in the contract. The notice shall include:

(i) A statement of any and all factual and legal grounds upon which the Board's intent to terminate the contract is based;

(ii) A statement of the date, time, and location of the meeting at which the Board intends to take final action on the proposed termination, which shall be held no earlier than forty-five (45) calendar days from the date the notice of intent to terminate is mailed to the charter school; and

(iii) A statement that the governing board of the school may request a hearing before the Board to present evidence in opposition to the proposed termination by delivering a written request to the Board within fourteen (14) calendar days of receipt of notice of the intent to terminate the contract that includes:

(i) A response to the factual and legal grounds for termination set forth in the notice; and

(ii) A summary of evidence that the school intends to submit in support of its response.

(iv) Within ten (10) calendar days of the date of receipt of the request for hearing, the Board shall schedule a hearing and submit written notice of the date, time, and location of the hearing by regular mail to the charter school's address of record set forth in the sponsorship contract. The Board may send a courtesy copy of the notice by facsimile, and/or email.

(C)Hearing on termination. In the event that a hearing is requested pursuant to the provisions of (2)(C) of this subsection, the Board shall promptly schedule a hearing at which the charter school or virtual charter school may present argument and/or evidence in opposition to the proposed termination. The Board shall prescribe the time allotted for oral argument and presentation of evidence. Upon completion of the hearing, the Board may consider the merits of the argument and presentation of evidence and take action on the proposed termination, or it may schedule action on the proposed termination for a subsequent board meeting to provide the board with further opportunity for deliberation.

(D)Appeals of termination. The procedures for filing appeals may be made in accordance with the Oklahoma Charter Schools Act.

(E)Negotiation and execution of contracts for sponsorship. To facilitate and/or expedite negotiations for new contracts for sponsorship, the Statewide Virtual Charter School Board may adopt a model contract for sponsorship of a statewide virtual charter school for use by the Board and potential statewide virtual charter schools sponsored by the Board. Adoption of a model contract shall not prohibit the Board from further negotiation of contract terms or addition of terms to the contract for sponsorship prior to execution of the contract so long as such terms are in compliance with applicable state, federal, local, and/or tribal law and the provisions of this Section.

(F)Execution of the contract. The final contract for sponsorship shall not be executed until approved by the Statewide Charter School Board at a regular or special meeting. The Board may delegate authority to the Chairman to execute the approved contract for sponsorship on behalf of the Board.

Okla. Admin. Code § 777:10-3-3

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 12/15/2014

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 36, Issue 22, August 1, 2019, eff. 8/11/2019

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023

Amended by Oklahoma Register, Volume 42, Issue 7, December 16, 2024, eff. 10/10/2024, exp. 9/14/2025 (Emergency)