Okla. Admin. Code § 777:10-3-4

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

Section 777:10-3-4 - [Effective until 9/14/2025] Oversight and evaluation of charter schools and virtual charter schools by the Statewide Charter School Board

(a)Tiered school oversight process. The performance framework sets forth the performance indicators for authorization of Charter schools and virtual charter schools in the State. Schools shall meet or show evidence of significant progress toward meeting the required standard accountability indicators as a condition of continued authorization.

(1) The Statewide Charter School Board provides a tiered school oversight process that includes a system of monitoring and oversight functions to ensure the school's compliance with all applicable laws, regulations, rules, and terms of the charter contract.

(2) The tiered school oversight process shall provide for review, notices, warnings, probation, and closure of schools that fail to meet the standard accountability indicators. If a school does not take action to comply, the Statewide Charter School Board may proceed with steps at an appropriate level of concern.

(3) The tiered school oversight process is designed to allow the Statewide Virtual Charter School Board to take appropriate action at any level based on each unique situation that may be identified through the performance framework or identified through another process.

(A) The Statewide Charter School Board shall perform an annual review and evaluation of the performance of Charter schools and virtual charter schools. The performance framework includes the indicators assessed and required in statute, rules, and the charter contract. The performance framework is presented annually to the Statewide Virtual Charter School Board and the school's governing board in an open meeting. These indicators may identify potential concerns for further review and research.

(B) Using the results of the performance framework, Statewide Virtual Charter School Board staff reviews and researches identified potential concerns to determine the nature and severity of the concern and possible corrective actions. The school is expected to take action to remedy identified deficiency(ies).

(C) Unresolved deficiency(ies) identified in the review and research stage of the tiered school oversight process will generate a notice of concern, issued by the Statewide Charter School Board staff and sent to members of the Statewide Virtual Charter School Board and the school's governing board. Terms and timeline to resolve deficiency(ies) will be included in the notice of concern. The Statewide Charter School Board may offer support and resources.

(D) A formal warning action to address unresolved deficiency(ies) or other serious concern(s) may be taken by the Statewide Charter School Board in an open meeting. The warning shall include deficiency(ies), terms and timeline for resolution and requires the school to take action. Support and resources may be made available and/or required.

(E) Probation is a formal action taken by the Statewide Charter School Board in an open meeting and as a final opportunity for a school to resolve a deficiency(ies). A final plan from the charter school or virtual charter school is required.

(F) Closure is a formal action taken by the Statewide Charter School Board in open meeting on a school who fails to resolve a deficiency(ies). It is a final action and requires the Statewide Charter School Board and the school's governing board to follow the closure plan.

(b)Oversight and annual performance review. The Statewide Charter School Board will provide ongoing oversight of the charter schools and virtual charter schools through data and evidence collection, site visits, classroom observations, audits, attendance of governing board meetings, compliance checks, and school performance reviews. Schools will be subject to an annual performance review of the immediately preceeding school year. The review will consist of a compilation of performance ratings and findings based on the performance framework standards. Results will be shared with key stakeholders. The charter school or virtual charter school will have forty-five (45) calendar days to respond to the annual performance review in writing and such response will become part of the public record.

(c)Performance framework. The performance framework for designated virtual charter schools establishes accountability criteria and assesses schools in the areas of academic, financial, and organizational capacities.

(1) Oklahoma performance measures will be used to assess the school's academic performance, including overall achievement, overall growth, subgroup achievement, subgroup growth, and post-secondary readiness. Academic performance accountability indicators and measurements are listed below. Subgroup measures will only be applicable if the school has a minimum of ten (10) students in the sub-group.

(A) Are students achieving proficiency on statewide assessments in reading /English language arts? Meets standard accountability indicator(s):

(i) The percentage of students scoring proficient or above at each grade level on the OSTP state assessments is equal to or above the state level of proficiency; or

(ii) The percentage of students scoring proficient or above at each grade level on the OSTP state assessments is equal to or above the level of proficiency of the district within the geographic boundary of the charter school; or

(iii) The percentage of students scoring proficient or above at each grade level on the OSTP state assessments is improved five percent (5%) or greater compared to the prior school year of the charter contract term.

(B) Are students achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(i) The percentage of students scoring proficient or above at each grade level on the (OSTP) state assessments is equal to or above the state level of proficiency; or

(C) Are students enrolled in the school for three (3) or more consecutive academic years achieving proficiency on statewide assessments in Reading/English language arts? Meets standard accountability indicator(s):

(i) The percentage of students scoring proficient or above at each grade level on the (OSTP) state assessments is equal to or above the state level of proficiency; or

(D) Are students enrolled in the school for three (3) or more consecutive academic years achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(i) The percentage of students scoring proficient or above at each grade level on the OSTP state assessments is equal to or above the state level of proficiency; or

(E) Are students in the special education subgroup achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(i) The percentage of students in the special education subgroup scoring proficient or above at each grade level on the state assessments is equal to or above the state level of proficiency; or

(ii) The percentage of students in the special education subgroup scoring proficient or above at each grade level on the OSTP state assessments is equal to or above the level of proficiency of the district within the geographic boundary of the charter school; or

(iii) The percentage of students in the special education subgroup scoring proficient or above at each grade level on the OSTP state assessments is improved five percent (5%) or greater compared to the prior school year of the charter contract term.

(F) Are students in the special education subgroup achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(i) The percentage of students in the special education subgroup scoring proficient or above at each grade level on the state assessments is equal to or above the state level of proficiency; or

(G) Are students in the special education subgroup enrolled for three (3) or more consecutive academic years achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(i) The percentage of students in the special education subgroup scoring proficient or above at each grade level on the state assessments is equal to or above the state level of proficiency; or

(H) Are students in the special education subgroup enrolled for three (3) or more consecutive academic years achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(i) The percentage of students in the special education subgroup scoring proficient or above at each grade level on the (OSTP) state assessments is equal to or above the state level of proficiency; or

(I) Are students in the economically disadvantaged subgroup achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(i) The percentage of students in the economically disadvantaged subgroup scoring proficient or above at each grade level on the state assessments is equal to or above the state level of proficiency; or

(ii) The percentage of students in the economically disadvantaged subgroup scoring proficient or above at each grade level on the OSTP state assessments is equal to or above the level of proficiency of the district within the geographic boundary of the charter school; or

(iii) The percentage of students in the economically disadvantaged subgroup scoring proficient or above at each grade level on the OSTP state assessments is improved five percent (5%) or greater compared to the prior school year of the charter contract term.

(J) Are students in the economically disadvantaged subgroup achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(ii) The percentage of students in the economically disadvantaged subgroup scoring proficient or above at each grade level on the OSTP state assessments is equal to or above the level of proficiency of the within the district geographic boundary of the charter school; or

(K) Are students in the economically disadvantaged subgroup enrolled for two (2) or more consecutive academic years achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(L) Are students in the economically disadvantaged subgroup enrolled for three (3) or more consecutive academic years achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(M) Are students in the English language learner subgroup achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(i) The percentage of students in the English language learner subgroup scoring proficient or above at each grade level on the OSTP state assessments is equal to or above the state level of proficiency; or

(ii) The percentage of students in the English language learner subgroup scoring proficient or above at each grade level on the OSTP state assessments is equal to or above the state level of proficiency of the district within the geographic boundary of the charter school; or

(iii) The percentage of students in the English language learner subgroup scoring proficient or above at each grade level on the OSTP state assessments is improved five percent (5%) or greater compared to the prior school year of the charter contract term.

(N) Are students in the English language learner subgroup achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(ii) The percentage of students in the English language learner subgroup scoring proficient or above at each grade level on the OSTP state assessments is equal to or above the level of proficiency of the district within the geographic boundary of the charter school; or

(O) Are students in the English language learner subgroup enrolled for three (3) or more consecutive academic years achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(ii) The percentage of students in the English language learner subgroup scoring proficient or above at each grade level on the OSTP state assessments is equal to or above the level of proficiency of the district within the geographic boundary of the charter school; or

(P) Are students in the English language learner subgroup enrolled for three (3) or more consecutive academic years achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(ii) The percentage of students in the English language learner subgroup scoring proficient or above at each grade level on the OSTP state assessments is equal to or above the level of proficiency of the district within the geographic boundary of the charter school; or

(iii) The percentage of students in the economically disadvantaged English language learner subgroup scoring proficient or above at each grade level on the OSTP state assessments is improved five percent (5%) or greater compared to the prior school year of the charter contract term.

(Q) Are students achieving growth on research-based nationally-normed internal assessments in reading/English language arts? Meets standard accountability indicator(s):

(i) The percentage of students in state-mandated assessment grade levels achieving proficiency or greater as determined by the assessment on the end-of-year assessment given in May each year as compared to the initial assessment given on or before September 15th of each year; or

(ii) The percentage of students achieving growth at each grade level on research-based nationally-normed internal assessment is improved by five percent (5%) or greater compared to the prior school year of the charter contract term.

(R) Are students achieving growth on research-based nationally-normed internal assessments in mathematics? Meets standard accountability indicator(s):

(S) Are students in the special education subgroup achieving growth on research-based nationally-normed internal assessments in reading/English language arts? Meets standard accountability indicator(s):

(ii) The percentage of students in the special education subgroup achieving growth at each grade level on research-based nationally-normed internal assessments is improved by (5%) or greater compared to the prior school year of the charter contract term.

(T) Are students in the special education subgroup achieving growth on research-based nationally-normed internal assessments in mathematics? Meets standard accountability indicator(s):

(i) The percentage of students in the special education subgroup in state-mandated assessment grade levels achieving proficiency or greater as determined by the assessment on the end-of-year assessment given in May each year as compared to the initial assessment given on or before September 15th of each year; or

(ii) The percentage of students in the special education subgroup achieving growth at each grade level on research-based nationally-normed internal assessment is improved by five percent (5%) or greater compared to the prior school year of the charter contract term.

(U) Are students in the economically disadvantaged subgroup achieving growth on research-based nationally-normed internal assessments in reading/English language arts? Meets standard accountability indicator(s):

(i) The percentage of students in the economically disadvantaged subgroup in state-mandated assessment grade levels achieving proficiency or greater as determined by the assessment on the end-of-year assessment given in May each year as compared to the initial assessment given on or before September 15th of each year; or

(ii) The percentage of students in the economically disadvantaged subgroup achieving growth at each grade level on research-based nationally-normed internal assessment is improved by five percent (5%) or greater compared to the prior school year of the charter contract term.

(V) Are students in the economically disadvantaged subgroup achieving growth on research-based nationally-normed internal assessments in mathematics? Meets standard accountability indicator(s):

(ii) The percentage of students in the economically disadvantaged subgroup achieving growth or above at each grade level on research-based nationally-normed internal assessment is improved by five percent (5%) or greater compared to the prior school year of the charter contract term.

(W) Are students in the English language learner subgroup achieving growth on research-based nationally-normed internal assessments in reading/English language arts? Meets standard accountability indicator(s):

(i) The percentage of students in the English language learner subgroup in state-mandated assessment grade levels achieving proficiency or greater as determined by the assessment on the end-of-year assessment given in May each year as compared to the initial assessment given on or before September 15th of each year; or

(ii) The percentage of students in the English language learner subgroup achieving growth at each grade level on research-based nationally-normed internal assessment is improved by five percent (5%) or greater compared to the prior school year of the charter contract term.

(X) Are students in the English language learner subgroup achieving growth on research-based nationally-normed internal assessments in mathematics? Meets standard accountability indicator(s):

(ii) The percentage of students in the English learner language subgroup achieving growth or above at each grade level on research-based nationally-normed internal assessment is improved by five percent (5%) or greater compared to the prior school year of the charter contract term.

(Y) Based on state expectations for student graduation within four years, does the school meet the expectations for student graduation? Meets standard accountability indicator(s):

(i) The school's most recent graduation rate is equal to or greater than the most recent graduation rate for the State of Oklahoma;

(ii) The school's most recent graduation rate is equal to or greater than the most recent graduation rate for the district within the geographic boundary of the charter school;

(iii) The school's most recent graduation rate as reported by the State Department of Education, increased twenty percent (20%) or more of the difference between the graduation rate from the baseline year; or

(iv) The school's most recent graduation rate increased five percent (5 %) or greater compared to the prior school year of the current contract term.

(Z) Based on the extended-year adjusted graduation rate, does the school meet the expectations for student graduation? Meets standard accountability indicator(s): Evidence supports a majority of extended-year students graduating.

(AA) Did the school meet the expectation for graduating eligible seniors (students within six (6) credits of graduation) during the most recent year? Meets standard accountability indicator(s):

(i) The percent of eligible seniors, students within six (6) credits of graduation, enrolled on the first day of the school year and graduating in the current school year is equal to or greater than the current graduation rate for the State of Oklahoma; or.

(ii) The percent of eligible seniors, students within six (6) credits of graduation, enrolled on the first day of the school year and graduating in the current school year is equal to or greater than the current graduation rate for the district within the geographic boundary of the charter school.

(BB) Do the school's students demonstrate College and Career Readiness? Meets standard accountability indicator(s):

(i) College:

(I) Achieved minimum required test score for entry without taking remediation:

a. High School Transcript of a 2.0 (C average) or higher; or

b. American College Testing (ACT); or

c. Scholastic Aptitude Test (SAT); or

d. Other recognized college entrance exams such as Accuplacer or the Classical Learning Test; and

e. College Board Advanced Placement exam score(s) of 3 or greater; or

(II) Acceptance to a college or university; and

(III) Successful completion and submission of a college FAFSA form.

(ii) Career:

(I) Accepted to the Military; or

(II) Evidence of sustainable employment; or

(III) Completed an authorizer or state approved Career and Technical Education Certificate.

(2) Oklahoma performance measures will be used to assess the school's fiscal viability. Financial performance accountability indicators and measurements in each category are listed below.

(A) Did the school's annual financial statement audit have findings? Meets standard accountability indicator(s): There were no instances of significant deficiencies, material noncompliance, or known fraud identified on the school's independent financial audit.

(B) Was the auditor's opinion on the school's annual financial statement audit modified or qualified? Meets standard accountability indicator(s): The audit opinion on the school's annual financial statement audit was unmodified/unqualified.

(C) Did the auditor's opinion letter contain a paragraph indicating any exception to the financial statements being presented fairly on the annual financial statement audit? Meets standard accountability indicator(s): The auditor's opinion letter did not contain a paragraph indicating any exception to the financial statements being presented fairly on the annual financial statement audit.

(D) Did the annual financial auditor issue a disclaimer of opinion on the annual financial statement audit? Meets standard accountability indicator: The auditor did not issue a disclaimer of opinion on the annual financial statement audit.

(E) Did the annual report on internal control over financial reporting disclose any material weakness(es) or significant dificiency? Meets standard accountability indicator(s): There were no findings of significant deficiencies, material weaknesses, or noncompliance on the annual report on internal control over financial reporting.

(F) Did the school consistently submit appropriate quarterly financial reports to the Statewide Virutal Charter School Board Meets standard accountability indicator(s): Appropriate reports were submitted in the Oklahoma Cost Accounting System (OCAS) format, verified by the school treasurer, on time, and indicating financial stability of the school.

(G) Was the school subject to an audit by the State Auditor and Inspector and, if so, were there any findings? Meets standard accountability indicator(s): There were no findings of significant defieicnies, material noncompliance, or known fraud on the school's audit by the State Auditor and Inspector.

(H) Did the school consistently meet financial reporting expectations,as required by the State Department of Education and confirmed by the Office of Financial Accounting, Oklahoma Cost Accounting System (OCAS), and/or Single-Sign-On? Meets standards accountability indicator(s): Evidence confirms financial reporting expectations were fulfilled.

(I) Was the school's OCAS data submitted to the State Department of Education, properly certified by the school leader, and accepted by the State Department of Education? Meets standard accountability indicator(s): Evidence confirms that the school submitted OCAS data for the to the State Department of Education, certified by the school leader, and accepted State Department of Education.

(J) Did the school timely submit the annual financial statement audit to the State Department of Education? Meets standard accountability indicator(s): Evicence confirms that the school timely submitted the annual financial statement audit to the State Department of Education.

(K) Did the state Department of Education require a corrective action plan as part of their follow-up to the annual financial statement audit submission? Meet standard accountability indicator(s): No corrective action plan was reuired by the State Department of Education in the response to the school.

(L) If a corrective action plan was required, did the plan sufficiently address the issues and was the plan accepted by the State Department of Education? Meets standard accountability indicator(s): The corrective action plan required by the State Department of Education sufficiently addressed the issues and was accepted.

(M) If a corrective action plan was required by the State Department of Education for the prior fiscal year, can it be confirmed that the corrective action measures were followed? Meets standard accountability indicator(s): The corrective action plan required by the State Department of Education for the prior fiscal year was followed by the school.

(N) Did the school have a negative general fund balance at the end of the fiscal year? Meets standard accountability indicator(s): The school did not have a negative general fund balance at the end of the fiscal year.

(O) Did the Days Cash on Hand ratio fall below thirty (30) days during the fiscal year? Meets standard accountability indicator(s): Evidence supports that the school maintained a Days Cash on Hand ratio of thirty (30) days or more at the end of each fiscal quarter.

(P) Did the school fail to pay any commitments, warrants, or debts? Meets standard accountability indicator(s): Evidence supports the school paid all commitments, warrants, and debts.

(Q) Did the school maintain a general fund balance of greater than ten percent (10%) of the prior fiscal year's total expenditures? Meets standard accountability indicator(s): Evidence supports that the school maintained a general fund balance greater than ten percent (10%) of the prior fiscal year's total expenditures measured at the end of each fiscal quarter..

(R) Did the school maintain positive fund balances in all other fund types? Meets standard accountability indicator(s): Evidence supports that the school maintained a positive fund balance in all fund types.

(S) Is the school's enrollment (average daily membership) for the first nine (9) weeks greater than or equal to eighty-five percent (85%) of last year's enrollment? Meets standard accountability indicator(s): The first quarter statistical report indicates enrollment did not decline by more than fifteen percent (15%) in comparison to the end-of-year enrollment documented by the annual statistical report.

(T) Does the school's governing board review periodic financial statements including a statement of financial position (balance sheet), statement of activities (income statement), and statement of cash flows? Meets standard accountability indicator(s): Evidence supports that the governing board reviews the school's periodic financial statements at the public governing board meetings.

(U) Does the school's governing board review and approve changes to the budget as significant changes to revenues and expenditures occur? Meets standard accountability indicator(s): Evidence supports that the school's governing board reviews and approves changes to the budget at the public governing board meetings throughout the year as revenues and expenditures change significantly.

(V) Does the school's governing board review financial forecasting models prior to annual budget adoption? Meets standard accountability indicator(s): Evidence supports that the school's governing board participates in annual review of financial forecasting prior to budget adoption during a public governing board meeting.

(W) Does the school's governing board review the audited financial statements and address all findings? Meets standard accountability indicator(s): Evidence supports that the school's governing board reviews the audited financial statements and addresses all findings in a public governing board meeting.

(X) Does the school properly report its facilities' carrying values and applicable depreciation on its annual financial statements? Meets standard accountability indicator(s): The annual financial statements indicate proper values for facilities are represented.

(Y) Does the school maintain documentation of property and facility leases and purchases at fair market value? Meets standard accountability indicator(s): The school maintains documentation of leases and purchases at fair market value.

(3) Oklahoma performance measures will be used to assess the school's organizational performance including organizational structure, governance, record of compliance, attendance, recurrent enrollment, accreditation, and student support. Organizational performance accountability indicators and measurements in each category are listed below.

(A) Do the school's decisions align with its vision and mission? Meets standard accountability indicator(s): Evidence supports the school's decisions align with its vision and mission.

(B) Does the school follow appropriate procedures to ensure all students have equitable access to services and opportunities for success? Meets standard accountability indicator(s): Data confirms appropriate procedures to ensure student access and equity.

(C) Does the school have approved and appropriate policies and procedures that ensure student and staff safety and success, and does the school communicate those policies and procedures to students/families and staff? Meets standard accountability indicator(s): Evidence supports approved and appropriate policies and procedures are implemented and communicated.

(D) Does the school adhere to applicable laws and regulations? Meets standard accountability indicator(s): Evidence supports the school adheres to laws and regulations.

(E) Does the school adhere to the terms of the charter contract? Meets standard accountability indicator(s): Evidence supports the school adheres to the charter contract.

(F) Does a stable governing board exist? Meets standard accountability indicator(s): Evidence supports history of board stability exists.

(G) Does the governing board recruit, select, orient, and train members with skills and expertise to enable them to govern the school appropriately? Meets standard accountability indicator(s): Board agendas, minutes, training records, and other document s support board member activities.

(H) Does the charter school comply with the Open Meeting Act and Open Records Act? Meets standard accountability indicator(s): Evidence supports the charter school consistently complies with requirements of the Open Meeting Act and Open Records Act.

(I) Does the charter school provide transparency through Statewide Charter School Board access to school records? Meets standard accountability indicator(s): The charter school has provided the Statewide Charter School Board with all requested school records.

(J) Does the educational management organization provide transparency through Statewide Charter School Board access to school records? Meets standard accountability indicator(s): The educational management organization has provided the Statewide Charter School Board with all requested school records.

(K) Did the school consistently meet the reporting expectations as required by the State Department of Education? Meets standard accountability indicator(s): Evidence confirms reporting expectations were fulfilled.

(L) Did the school consistently meet the reporting expectations as required by the Statewide Charter School Board? Meets standard accountability indicator(s): The school reported and submitted documentation on time and accurately.

(M) Did the school receive accreditation from the State Department of Education? Meets standard accountability indicator(s): The school received accreditation with no unresolved deficiencies following Tiered School Oversight Tier II Investigation (777:10-3-4. Oversight and evaluation of charter schools and virtual charter schools by the Statewide Charter School Board).

(N) Does the school meet the expectations for student attendance? Meets standard accountability indicator(s):

(i) For charter schools, the attendance rate reported by the State Department of Education is equal or greater than the attendance rate of the local school district in which the charter school is located; or

(ii) For virtual charter schools, the attendance rate reported by the State Department of Education is equal or greater than the attendance rate reported by the attendance rate for the state of Oklahoma; or

(iii) The school's attendance rate reported by the State Department of Education increased five percent (5%) or greater compared to the prior year.

(O) Does recurrent enrollment of students meet expectations? Meets standard accountability indicator(s): The school's student recurrent enrollment rate meets the expectations indicated by the methodology used for public schools in Oklahoma.

(P) Does the school provide support structures for students and families such as teacher support, individualized learning plans, individualized career academic planning, guidance/counseling program, online tutoring, and technical support? Meets standard accountability indicator(s): Students and families have access to multiple support structures.

(Q) Does the school and governing board engage in strategic planning that results in establishment of school goals and verifiable school improvement? Meets standard accountability indicator(s): Evidence supports that the school and governing board engage in strategic planning resulting in establishment of school goals and verifiable school improvement.

(4) A Performance Framework Index will be calculated based on the following categories:

(A) Academic (A) Calculation - (Score) * (Weight) = A with a weight of 40%.

(B) Financial (F) Calculation - (Score) * (Weight) = F with a weight of 35%.

(C) Organizational (O) Calculation - (Score) * (Weight) = O with a weight of 25%.

(D) As set forth in 70 O.S. § 3-137, Performance Framework scores will guide reauthorization procedures.

(i) A Performance Framework Index (PFI) score of 75% or higher calculated over the course of the charter contract term will result in renewal of authorization for a five (5) year term should the governing board of the charter school choose to submit a letter requesting reauthorization.

(ii) A Performance Framework Index (PFI) score of 60-74% or higher calculated over the course of the charter contract term is expected. However, an application for renewal of authorization is required for consideration by the Statewide Charter School Board.

(iii) A Performance Framework Index (PFI) score of less than 60% calculated over the course of the charter contract term places the charter school at risk of non-approval of the renewal for authorization. An application for reauthorization is required for consideration by the Statewide Charter School Board.

(E) In the event data is not available, the Statewide Charter School Board will designate corresponding score with "Not Available ". In the event data is not applicable, the Statewide Charter School Board will designate corresponding score with "Not Applicable".

(d)Performance framework for designated alternative education sites. The performance framework for Charter School and virtual charter school alternative education sites establishes accountability criteria and assesses schools in the areas of academic, financial, and organizational capacities. Designated alternative education sites are those that conform to the program requirements set forth in 70 O.S. § 1210-568 and are designated as alternative education sites by the State Board of Education.

(1) Oklahoma performance measures will be used to assess the school's academic performance, including overall achievement, overall growth, subgroup achievement, subgroup growth, and post-secondary readiness. Academic performance accountability indicators and measurements in each category and grade level are listed below. Subgroup measures will only be applicable if the school has a minimum of ten (10) students in the sub-group.

(A) Are students achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(i) The OSTP score of all schools designated as alternative education sites will be averaged to determine the baseline percentage for comparison. The school's percentage of students scoring proficient or above at each grade level on the OSTP state assessments is equal to or above the baseline; or

(ii) The percentage of students scoring proficient or above at each grade level on the OSTP state assessments is improved five percent (5%) or greater compared to the prior school year of the charter contract term.

(B) Are students achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(C) Are students enrolled in the school for two (2) or more consecutive academic years achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(D) Are students enrolled in the school for two (2) or more consecutive academic years achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(E) Are students in the special education subgroup achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(ii) The percentage of students in the special education subgroup scoring proficient or above at each grade level on the OSTP state assessments is improved five percent (5%) or greater compared to the prior school year of the charter contract term.

(F) Are students in the special education subgroup achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(G) Are students in the special education subgroup enrolled for two (2) or more consecutive academic years achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(H) Are students in the special education subgroup enrolled for two (2) or more consecutive academic years achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(I) Are students in the economically disadvantaged subgroup achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(ii) The percentage of students in the economically disadvantaged subgroup scoring proficient or above at each grade level on the OSTP state assessments is improved five percent (5%) or greater compared to the prior school year of the charter contract term.

(J) Are students in the economically disadvantaged subgroup achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(L) Are students in the economically disadvantaged subgroup enrolled for two (2) or more consecutive academic years achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(M) Are students in the English language learner subgroup achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(ii) The percentage of students in the English language learner subgroup scoring proficient or above at each grade level on the OSTP state assessments is improved five percent (5%) or greater compared to the prior school year of the charter contract term.

(N) Are students in the English language learner subgroup achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(O) Are students in the English language learner subgroup enrolled for two (2) or more consecutive academic years achieving proficiency on statewide assessments in reading/English language arts? Meets standard accountability indicator(s):

(P) Are students in the English language learner subgroup enrolled for two (2) or more consecutive academic years achieving proficiency on statewide assessments in mathematics? Meets standard accountability indicator(s):

(Q) Are students achieving growth on research-based nationally-normed internal assessments in reading/English language arts? Meets standard accountability indicator(s):

(R) Are students achieving growth on research-based nationally-normed internal assessments in mathematics? Meets standard accountability indicator(s):

(T) Are students in the special education subgroup achieving growth on research-based nationally-normed internal assessments in mathematics? Meets standard accountability indicator(s):

(V) Are students in the economically disadvantaged subgroup achieving growth on research-based nationally-normed internal assessments in mathematics? Meets standard accountability indicator(s):

(X) Are students in the English language learner subgroup achieving growth on research-based nationally-normed internal assessments in mathematics? Meets standard accountability indicator(s):

(ii) The percentage of students in the English language learner subgroup achieving growth or above at each grade level on research-based nationally-normed internal assessment is improved by five percent (5%) or greater compared to the prior school year of the charter contract term.

(Y) Based on state expectations for student graduation within four years, does the school meet the expectations for student graduation? Meets standard accountability indicator(s):

(i) The school's most recent graduation rate is equal to or greater than the most recent graduation rate for the State of Oklahoma; or

(ii) The school's most recent graduation rate is equal to or greater than the most recent graduation rate for Oklahoma alternative schools;

(iii) The school's most recent graduation rate as reported by the State Department of Education, increased twenty percent (20%) or more from the baseline year; or

(iv) The school's most recent graduation rate increased five percent 5% or greater compared to the prior school year or the current contract term.

(AA) Did the school meet the expectation for graduating eligible seniors (students within six (6) credits of graduation) during the most recent year? Meets standard accountability indicator(s):

(ii) The current graduation rate of alternative schools in Oklahoma;. or

(iii) The percent of eligible seniors, students within six (6) credits of graduation, enrolled on the first day of the school year and graduating in the current school year is equal to or greater than the current graduation rate for the district within the geographic boundary of the charter school.

(BB) Do the school's students demonstrate College and Career Readiness? Meets standard accountability indicator(s):

(i) College:

(I) Achieved minimum required test score for entry without taking remediation:

a. High School Transcript of a 2.0 (C average) or higher; or

b. American College Testing (ACT); or

c. Scholastic Aptitude Test (SAT); or

d. Other recognized college entrance exams such as Accuplacer or the Classical Learning Test; and

e. College Board Advanced Placement exam score(s) of 3 or greater; and

(II) Acceptance to a college or university; and

(III) Successful completion and submission of a college FAFSA form.

(ii) Career:

(I) Accepted to the Military; or

(II) Evidence of sustainable employment; or

(III) Completed an authorizer or state approved Career and Technical Education Certificate.

(CC) Are students completing courses required for grade advancement each year? Meets standard accountability indicator(s): The percentage of students earning at least six (6) credits per year is equal to or greater than forty percent (40%).

(DD) Are students benefiting from postsecondary and workforce readiness activities, testing, and enrollment? Meets standard accountability indicator(s): Evidence supports that the percent of students participating in one or more postsecondary and/or workforce readiness activity, testing, and/or enrollment is equal to or greater than forty percent (40%).

(EE) Are students demonstrating growth on nationally recognized social emotional standards? Meets standard accountability indicator(s): Evidence supports that the percent of students demonstrating growth on nationally recognized social emotional standards is equal to or greater than forty percent (40%).

(FF) Are students attending individual, small group, and/or guidance counseling sessions? Meets standard accountability indicator(s): Evidence supports that the percent of students participating in counseling session is equal to or greater than forty percent (40%).

(GG) Are students participating in displaying, creating, and/or publishing art opportunities? Meets standard accountability indicator(s): Evidence supports that the percent of students participating, creating, and/or publishing art opportunities is equal to or greater than forty percent (40%).

(HH) Are students participating in extracurricular activities, work study, and/or service learning? Meets standard accountability indicator(s): Evidence supports that the percent of students participating in extracurricular activities, work study, and/or service learning is equal to or greater than forty percent (40%).

(II) Are students completing required individual career academic plan (ICAP) activities? Meets standard accountability indicator(s): Evidence supports that the percent of students completing requires individual career academic plan activities is equal to or greater than forty percent (40%).

(JJ) Are students participating in life skill activities that extend beyond the curriculum, put relevant life skills into practice, and promote healthy living? Meets standard accountability indicator(s): Evidence supports that the percent of students participating in life skills activities is equal to or greater than forty percent (40%).

(2) Oklahoma performance measures will be used to assess the school's fiscal viability. Financial performance accountability indicators and measurements in each category are listed below.

(A) Did the school's most recent annual financial statement audit have findings? Meets standard accountability indicator(s): There were no findings of significant deficiencies, material noncompliance, or known fraud on the school's most recent independent financial audit.

(D) Did the annual financial auditor issue a disclaimer of opinion on the annual financial statement audit? Meets standard accountability indicators: The auditor did not issue a disclaimer of opinion on the annual financial statement audit.

(E) Did the annual report on internal control over financial reporting disclose any material weakness(es) or significant deficiencies? Meets standard accountability indicator(s): There were no findings of significant deficiencies, material weaknesses of noncompliance on the annual report on internal control over financial reporting.

(F) Did the school consistently submit appropriate quarterly financial reports to the Statewide Charter School Board? Meets standard accountability indicator(s): Appropriate reports were submitted in the Oklahoma Cost Accounting System (OCAS) format, verified by the school treasurer, on time, and indicating financial stability of the school.

(G) Was the school subject to an audit by the State Auditor and Inspector and, if so, were there any findings? Meets standard accountability indicator(s): There were no findings of significant deficiencies, material noncompliance, or known fraud on the school's audit by the State Auditor and Inspector.

(H) Did the school consistently meet financial reporting expectations as required by the State Department of Education and confirmed by the Office of Financial Accounting, Oklahoma Cost Accounting System (OCAS), and/or Single-Sign-On? Meets standard accountability indicator(s): Evidence confirms financial reporting ecpectations were fulfilled.

(I) Was the school's most recent fiscal year OCAS data submitted to the State Department of Education, properly certified by the school leader, and accepted by the State Department of Education? Meets standard accountability indicator(s): Evidence confirms the school submitted OCAS data to the State Department of Education, certified by the school leader, and accepted by the State Department of Education.

(J) Did the school submit timely the annual financial statement audit to the State Department of Education? Meets standard accountability indicator(s): The school submitted timely the annual financial statement audit to the State Department of Education.

(K) Did the State Department of Education require a corrective action plan as part of their follow-up to the annual financial statement audit submission? Meets standard accountability indicator(s): No corrective action plan was required by the State Department of Education in the response to the school.

(L) If a corrective action plan was required by the State Department of Education, did the plan sufficiently address the issues and was the plan accepted? Meets standard accountability indicator(s): The corrective action plan required by the State Department of Education sufficiently addressed the issues and was accepted.

(N) Did the school have a negative fund balance at the end of the fiscal year? Meets standard accountability indicator(s): The school did not have a negative general fund balance as of the end of the fiscal year.

(P) Did the school fail to pay any commitments, warrants, or debts? Meets standard accountability indicator(s): Evidence supports the school paid all commitments, warrants, and debts.

(Q) Did the school maintain a fund balance of greater than ten percent (10%) of the prior fiscal year's total expenditures? Meets standard accountability indicator(s): Evidence supports that the school maintained a fund balance greater than ten percent (10%) of the prior fiscal year's total expenditures measured at the end of each fiscal quarter.

(S) Is the school's enrollment (average daily membership) for the first nine (9) weeks greater than or equal to eighty-five percent (85%) of last year's enrollment? Meets standard accountability indicator(s): The first quarter statistical report indicates enrollment did not decline by more than fifteen percent (15%) in comparison to the end of year enrollment documented by the annual statistical report.

(X) Does the school properly report their facilities' carrying values and applicable depreciation on their annual financial statements? Meets standard accountability indicator(s): The annual financial statements indicate proper values for facilities are represented.

(Y) Does the school maintain documentation of property and facilities leases and purchases at fair market value? Meets standard accountability indicator(s): The school maintains documentation of leases and purchases at fair market value.

(A) Do the school's decisions align with its vision and mission? Meets standard accountability indicator(s): Evidence supports faithfulness to the school's decisions align with its vision and mission.

(D) Does the school adhere to applicable laws and regulations? Meets standard accountability indicator(s): Evidence supports the school adheres to laws and regulations.

(E) Does the school adhere to the terms of the charter contract? Meets standard accountability indicator(s): Evidence supports the school adheres to the charter contract.

(F) Does a stable governing board exist? Meets standard accountability indicator(s): Evidence supports history of board stability exists.

(N) Does the school meet the expectations for student attendance? Meets standard accountability indicator(s):

(iii) The school's attendance rate reported by the State Department of Education increased five percent (5%) or greater compared to the prior year.

(P) Does the school provide support structures for students and, such as teacher support, individualized learning plans, individualized career academic planning, guidance/counseling program, online tutoring, and technical support? Meets standard accountability indicator(s): Students and families have access to multiple support structures.

(4) A Performance Framework Index will be calculated based on the following categories:

(A) Academic (A) Calculation - (Score) * (Weight) = A with a weight of 40%.

(B) Financial (F) Calculation - (Score) * (Weight) = F with a weight of 35%.

(C) Organizational (O) Calculation - (Score) * (Weight) = O with a weight of 25%.

(D) According to 70 O.S. § 3-137, Performance Framework scores will guide reauthorization procedures.

(e)Submission of school data. the Statewide Charter School Board will obtain documentation and evidence in to assess whether the schools are meeting the expectations of the performance framework,. In addition to site visits and read-only access to reporting systems, schools are required to submit annual school data to the Statewide Charter School Board through an online data collection system.

(1) Schools must submit the requested documentation according to the instructions for the submission by the due date indicated in the online data collection system:

(A) Educational Management contracts and amendments;

(B) Lease/purchase agreements;

(C) Annual budget;

(D) Audit documents (audit, response, corrective action);

(E) Annual evaluation of educational management organization(s) contracted with the governing body or school;

(F) Current inventory report;

(G) Quarterly financial statements;

(H) School calendar;

(I) Internal assessment plan;

(J) Current governing board rosters, including personal contact information;

(K) Enrollment counts;

(L) Accreditation documents including application, checklist, responses, and status letter;

(M) Annual and First Quarter Statistical Report summaries

(N) Board meeting calendar;

(O) Board meeting agendas and all supporting board meeting documents submitted prior to the board meeting;

(P) Four (4) year cohort and extended-year graduation rate documents;

(Q) Estimate of Needs and Supplemental Estimate of Needs (if applicable);

(R) School, governing board, and/or educational management organization litigation documents;

(S) School organizational chart;

(T) School District Budgeting Act (SDBA) Budget Summary, public hearing documentation, published notice, and Budget Message (if applicable);

(U) Shared Services Agreements (if applicable);

(V) Other school documents as needed for effective school oversight.

(2) In the event submission through the online system is not possible, the school must hand-deliver documentation to the office of the Statewide Charter School Board by the due date.

(3) Failure to submit the documentation is grounds for termination of the contract if not cured within thirty (30) calendar days of the deadline.

(4) Receipt of document submissions does not necessarily indicate approval of the content of the data.

(f)School website compliance. In order to aid in transparency, charter schools and virtual charter schools sponsored by the Statewide Charter School Board will be subject to website compliance checks at any time. Each school shall maintain a website in compliance with 70 O.S. § 5-135.4 and 74 O.S. § 24-3106.2 with the following information available;

(1) Governing board members (board member information, and office held if any);

(2) Schedule of governing board meetings as submitted to the school district's County Clerk;

(3) Board meeting agendas;

(4) Board meeting approved minutes;

(5) School accountability reports;

(6) Financial documents or a link to the Oklahoma Cost Accounting System (OCAS), in compliance with Oklahoma statute;

(7) Total compensation package of the superintendent;

(8) Attendance Policy, in compliance with Oklahoma statute;

(9) Most recent audit in compliance with Oklahoma statute; and

(10) Enrollment capacity

(g)School orientation. Each charter school or virtual charter school shall develop a student orientation program that must be completed by each student prior to final enrollment in the school. The school shall maintain a record of completion of orientation by each student. The orientation shall contain, at a minimum, the following components:

(1) Enrollment requirements;

(2) Daily schedule and work expectations;

(3) School policies, including student engagement and attendance requirements;

(4) Student and Family Handbooks;

(5) Communication streams (website, school and teacher connection, school administration and governing board contact);

(6) Academic expectations;

(7) Assessment requirements;

(8) Social expectations;

(9) Technology management;

(10) Academic program management;

(11) Student support programs and services; and

(12) Programs specific to the school.

(h)Annual audits. The charter schools and virtual charter schools shall change audit firms, at a minimum, every five (5).

(i)Compliance audits. In addition to the annual financial audits, the virtual charter schools authorized by the SCSB shall be subject to compliance audits conducted by the agency at any time during the charter contract term.

Okla. Admin. Code § 777:10-3-4

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)