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An Act
ENROLLED HOUSE
BILL NO. 1940 By: Sterling of the House
and
Stanley of the Senate
An Act relating to charter schools; amending 70 O.S.
2021, Section 3-132, as last amended by Section 5,
Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2024, Section
3-132), which relates to sponsorship of charter
schools; adding county to certain sponsor; providing
an effective date; and declaring an emergency.
SUBJECT: Charter schools
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-132, as
last amended by Section 5, Chapter 323, O.S.L. 2023 (70 O.S. Supp.
2024, Section 3-132), is amended to read as follows:
Section 3-132. A. The Oklahoma Charter Schools Act shall apply
only to charter schools formed and operated under the provisions of
the act. Charter schools shall be sponsored only as follows:
1. By any school district located in this state, provided such
charter school shall only be located within the geographical
boundaries of the sponsoring district and subject to the
restrictions of Section 3-145.6 of this title;
2. By an accredited comprehensive, regional, or two-year
institution that is a member of The Oklahoma State System of Higher
Education or by a private institution of higher learning located
within this state that is accredited pursuant to Section 4103 of
this title;
ENR. H. B. NO. 1940 Page 2
3. By a federally recognized Indian tribe, operating a high
school under the authority of the Bureau of Indian Affairs as of
November 1, 2010, if the charter school is for the purpose of
demonstrating native language immersion instruction, and is located
within its former reservation or treaty area boundaries. For
purposes of this paragraph, native language immersion instruction
shall require that educational instruction and other activities
conducted at the school site are primarily conducted in the native
language;
4. Until June 30, 2023, by the State Board of Education and
beginning July 1, 2024, by the Statewide Charter School Board when
the applicant of the charter school is the Office of Juvenile
Affairs or the applicant has a contract with the Office of Juvenile
Affairs and the charter school is for the purpose of providing
education services to youth in the custody or supervision of the
state or county;
5. By a federally recognized Indian tribe only when the charter
school is located within the former reservation or treaty area
boundaries of the tribe on property held in trust by the Bureau of
Indian Affairs of the United States Department of the Interior for
the benefit of the tribe; or
6. By the Statewide Charter School Board. In counties with a
population of fewer than five hundred thousand (500,000), according
to the latest Federal Decennial Census, the Statewide Charter School
Board shall not sponsor more than five new charter schools each
year. Existing charter schools sponsored by the Statewide Charter
School Board shall not apply to the limits prescribed by this
paragraph.
B. An eligible non-school-district sponsor shall give priority
to opening charter schools that serve at-risk student populations or
students from low-performing traditional public schools.
C. An eligible non-school-district sponsor shall give priority
to applicants that have demonstrated a record of operating at least
one school or similar program that demonstrates academic success and
organizational viability and serves student populations similar to
those the proposed charter school seeks to serve. In assessing the
potential for quality replication of a charter school, a sponsor
shall consider the following factors before approving a new site or
school:
ENR. H. B. NO. 1940 Page 3
1. Evidence of a strong and reliable record of academic success
based primarily on student performance data, as well as other viable
indicators including financial and operational success;
2. A sound, detailed, and well-supported growth plan;
3. Evidence of the ability to transfer successful practices to
a potentially different context that includes reproducing critical
cultural, organizational, and instructional characteristics;
4. Any management organization involved in a potential
replication is fully vetted, and the academic, financial, and
operational records of the schools it operates are found to be
satisfactory;
5. Evidence the program seeking to be replicated has the
capacity to do so successfully without diminishing or putting at
risk its current operations; and
6. A financial structure that ensures that funds attributable
to each charter school within a network and required by law to be
utilized by a school remain with and are used to benefit that
school.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or 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.
ENR. H. B. NO. 1940 Page 4
Passed the House of Representatives the 12th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 1st day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________