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ENGROSSED HOUSE
BILL NO. 4491 By: Kane, Townley, and Moore of
the House
and
Daniels of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 3-140, as amended by Section 10, Chapter 323,
O.S.L. 2023 (70 O.S. Supp. 2025, Section 3-140),
which relates to student eligibility; authorizing
certain virtual charter school students to
participate in Oklahoma Secondary School Activities
Association (OSSAA) activities; allowing school
districts to adopt a policy for charter school
students, virtual charter school students, and
students educated by other means to participate in
extracurricular activities the district offers;
establishing eligibility requirements; providing
options for students to participate in other
districts under certain circumstances; prescribing
participation requirements for students that align
with public school district requirements; defining
terms; requiring student participants who are
educated by other means to adhere to certain academic
standards; providing methods of evaluation of
academic standards; amending 70 O.S. 2021, Section
27-103, which relates to school athletic association
written policy; prohibiting public schools from
joining a school athletic association that does not
allow certain students to participate in activities
offered by public school districts; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-140, as
amended by Section 10, Chapter 323, O.S.L. 2023 (70 O.S. Supp. 2025,
Section 3-140), is amended to read as follows:
Section 3-140. A. A charter school with a brick-and-mortar
school site or sites shall enroll those students whose legal
residence is within the boundaries of the school district in which
the charter school is located and who submit a timely application,
or those students who transfer to the charter school in accordance
with the Education Open Transfer Act, unless the number of
applications exceeds the capacity of a program, class, grade level,
or building. Students who reside in a school district where a
charter school is located shall not be required to obtain a transfer
in order to attend a charter school in the school district of
residence. If capacity is insufficient to enroll all eligible
students, the charter school shall select students through a lottery
selection process. A charter school shall give enrollment
preference to eligible students who reside within the boundaries of
the school district in which the charter school is located and who
attend a school site that has been identified as in need of
improvement by the State Board of Education pursuant to the
Elementary and Secondary Education Act of 1965, as amended or
reauthorized. A charter school may limit admission to students
within a given age group or grade level. A charter school sponsored
by the Statewide Charter School Board when the applicant of the
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charter school is the Office of Juvenile Affairs shall limit
admission to youth that are in the custody or supervision of the
Office of Juvenile Affairs.
B. A brick-and-mortar charter school shall admit students who
reside in the attendance area of a school or in a school district
that is under a court order of desegregation or that is a party to
an agreement with the United States Department of Education Office
for Civil Rights directed towards mediating alleged or proven racial
discrimination unless notice is received from the resident school
district that admission of the student would violate the court order
or agreement.
C. A brick-and-mortar charter school may designate a specific
geographic area within the school district in which the charter
school is located as an academic enterprise zone and may limit
admissions to students who reside within that area. An academic
enterprise zone shall be a geographic area in which sixty percent
(60%) or more of the children who reside in the area qualify for the
free or reduced school lunch program.
D. Except as provided in subsections B and C of this section, a
charter school or virtual charter school shall not limit admission
based on ethnicity, national origin, gender, income level, disabling
condition, proficiency in the English language, measures of
achievement, aptitude, or athletic ability.
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E. A sponsor of a charter school shall not restrict the number
of students a charter school may enroll, and the Statewide Charter
School Board shall not restrict the number of students a virtual
charter school or charter school may enroll. The capacity of a
charter school or virtual charter school shall be determined
quarterly by the governing board of the charter school or virtual
charter school pursuant to the provisions of the Education Open
Transfer Act.
F. Beginning July 1, 2024, each statewide virtual charter
school which has been approved and sponsored by the Statewide
Charter School Board or any virtual charter school for which the
Board has assumed sponsorship as provided for in Section 1 3-132.1
of this act title shall be considered a statewide virtual charter
school and the geographic boundaries of each statewide virtual
charter school shall be the borders of the state.
H. G. Beginning July 1, 2024 2026, students enrolled full-time
in a statewide virtual charter school sponsored by the Statewide
Charter School Board shall not be authorized to participate in any
activities administered by the Oklahoma Secondary School Activities
Association pursuant to Section 2 of this act. However, the The
students may also participate in intramural activities sponsored by
a statewide virtual charter school, an online provider for the
charter school, or any other outside organization.
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I. H. 1. Beginning July 1, 2024, a public school student who
wishes to enroll in a virtual charter school shall be considered a
transfer student from his or her resident school district. A
virtual charter school shall pre-enroll any public school student
whose parent or legal guardian expresses intent to enroll in the
virtual charter school. Upon pre-enrollment, the State Department
of Education shall initiate a transfer on a form to be completed by
the receiving virtual charter school. Upon approval of the
receiving virtual charter school, the student may begin
instructional activities. Upon notice that a public school student
has transferred to a virtual charter school, the resident school
district shall transmit the student's records within three (3)
school days.
2. The State Department of Education shall notify the
Legislature and Governor if it determines that the information
technology infrastructure necessary to process the transfer of
students to a virtual charter school is inadequate and additional
time is needed for implementation.
3. A public school student may transfer to one statewide
virtual charter school at any time during a school year. For
purposes of this subsection, "school year" shall mean July 1 through
the following June 30. After one statewide virtual charter school
transfer during a school year, no public school student shall be
permitted to transfer to any other statewide virtual charter school
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without the concurrence of both the resident school district and the
receiving virtual charter school. A student shall have a grace
period of fifteen (15) school days from the first day of enrollment
in a statewide virtual charter school to withdraw without academic
penalty and shall continue to have the option of one virtual charter
school transfer without the concurrence of both the resident school
district and the receiving virtual charter school during that same
school year. A statewide virtual charter school student that has
utilized the allowable one transfer pursuant to this subsection
shall not be permitted to transfer to another school district or
another statewide virtual charter school without first notifying his
or her resident district and initiating a new transfer. Upon
cancellation of a transfer, the virtual charter school shall
transmit the student's records to the student's new school district
within three (3) school days. Students enrolled in a statewide
virtual charter school shall not be required to submit a virtual
charter transfer for consecutive years of enrollment. Any student
enrolled in a statewide virtual charter school the year prior to the
implementation of this section shall not be required to submit a
transfer in order to remain enrolled.
J. I. 1. Beginning July 1, 2024, a student shall be eligible
to enroll in a statewide virtual charter school sponsored by the
Statewide Charter School Board pursuant to Section 1 3-132.1 of this
act title if he or she is a student whose parent or legal guardian
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is transferred or is pending transfer to a military installation
within this state while on active military duty pursuant to an
official military order.
2. A statewide virtual charter school shall accept applications
by electronic means for enrollment and course registration for
students described in paragraph 1 of this subsection.
3. The parent or legal guardian of a student described in
paragraph 1 of this subsection shall provide proof of residence in
this state within ten (10) days after the published arrival date
provided on official documentation. A parent or legal guardian may
use the following addresses as proof of residence:
a. a temporary on-base billeting facility,
b. a purchased or leased home or apartment, or
c. federal government or public-private venture off-base
military housing.
4. The provisions of paragraph 3 of subsection I H of this
section shall apply to students described in paragraph 1 of this
subsection.
5. For purposes of this subsection:
a. "active military duty" means full-time military duty
status in the active uniformed service of the United
States including members of the National Guard and
Military Reserve on active duty orders, and
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b. "military installation" means a base, camp, post,
station, yard, center, homeport facility for any ship,
or other installation under the jurisdiction of the
Department of Defense or the United States Coast
Guard.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-140.1 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. Beginning with the 2026-2027 school year, each school
district board of education may adopt a policy allowing students who
are enrolled in a charter school or virtual charter school
authorized pursuant to the Oklahoma Charter Schools Act to
participate in extracurricular activities that the school district
offers.
B. Students enrolled in a charter school or virtual charter
school authorized pursuant to the Oklahoma Charter Schools Act shall
be eligible to participate in extracurricular activities offered by
the student's resident school district if:
1. The extracurricular activity is not offered by the charter
school or virtual charter school in which the student is enrolled;
2. The extracurricular activity does not have an associated
course requirement; and
3. The resident school district has adopted a policy pursuant
to subsection A of this section.
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C. A charter school student or virtual charter school student
may apply to a public school district adjacent to the resident
school district if the conditions of paragraphs 1 and 2 of
subsection B of this section are met and:
1. The resident school district has not adopted a policy
pursuant to subsection A of this section; or
2. The extracurricular activity that the student seeks to
participate in is not offered by the resident school district.
D. Eligibility for charter school and virtual charter school
students shall be determined in accordance with the applicable
public school district's eligibility rules and policies and any
rules and policies of a school athletic association, as defined in
Section 27-102 of Title 70 of the Oklahoma Statutes.
E. In order to participate in extracurricular activities
pursuant to this section, charter school students and virtual
charter school students shall:
1. Register an intention to participate with the board of
education of the resident district, or other applicable school
district in accordance with subsection C of this section, no later
than the July 1 immediately preceding the school year in which
participation is intended or within thirty (30) days of enrolling in
a charter school or virtual charter school within the state if
relocating from out of state;
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2. Pay any participation or activity fee in an amount equal to
any fee charged to other student participants of the school district
offering the activity;
3. Adhere to the same standards of behavior, responsibility,
performance, and code of conduct as other student participants of
the school district offering the activity;
4. Adhere to any rules and policies of a school athletic
association which provides the coordination, supervision, and
regulation of the extracurricular activities and contests of
schools; and
5. Adhere to any physical exams or drug testing provisions
required by the board of education of the resident district, or
other applicable school district, or the school athletic association
which provides the coordination, supervision, and regulation of the
extracurricular activities and contests of schools;
F. For the purposes of this section, "resident school district"
shall mean the public school district in which the student resides
as defined in Section 1-113 of Title 70 of the Oklahoma Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 8-201 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
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1. "Resident district" means the public school district in
which a student resides as defined in Section 1-113 of Title 70 of
the Oklahoma Statutes;
2. "School athletic association" shall have the same meaning as
defined in Section 27-102 of Title 70 of the Oklahoma Statutes; and
3. "Educated by other means" means students who are educated
pursuant to the other means of education exception provided for in
subsection A of Section 10-105 of Title 70 of the Oklahoma Statutes.
B. Beginning with the 2026-2027 school year, each school
district board of education may adopt a policy allowing students who
are educated by other means to participate in extracurricular
activities that the school district offers.
C. Students who are educated by other means shall be eligible
to participate in extracurricular activities offered by the
student's resident school district if:
1. The extracurricular activity does not have an associated
course requirement; and
2. The resident school district has adopted a policy pursuant
to subsection B of this section.
D. A student who is educated by other means may apply to a
public school district adjacent to the resident school district if
the conditions of paragraph 1 of subsection C of this section are
met and:
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1. A resident school district has not adopted a policy pursuant
to subsection B of this section; or
2. The extracurricular activity that the student seeks to
participate in is not offered by the resident school district.
E. Eligibility for students who are educated by other means
shall be determined in accordance with the applicable public school
district's eligibility rules and policies and any rules and policies
of a school athletic association.
F. In order to participate in extracurricular activities
pursuant to this section, students who are educated by other means
shall:
1. Register an intention to participate with the board of
education of the resident district, or other applicable school
district in accordance with subsection D of this section, no later
than the July 1 immediately preceding the school year in which
participation is intended or within 30 days from establishing
residency within the state if relocating from out of state;
2. Pay any participation or activity fee in an amount equal to
any fee charged to other student participants of the school district
offering the activity;
3. Adhere to the same standards of behavior, responsibility,
performance, and code of conduct as other student participants of
the school district offering the activity;
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4. Adhere to any rules and policies of a school athletic
association which provides the coordination, supervision, and
regulation of the extracurricular activities and contests of
schools;
5. Adhere to any physical exams or drug testing provisions
required by the board of education of the resident district, or
other applicable school district, or the school athletic association
which provides the coordination, supervision, and regulation of the
extracurricular activities and contests of schools; and
6. Adhere to the same academic standards as other participants
of the resident district, or other applicable school district,
pursuant to the provisions of subsection G of this section.
G. During the time period a student who is educated by other
means participates in extracurricular activities pursuant to the
provisions of this section, the student shall meet academic
standards by a method of evaluation agreed upon by the parent or
legal guardian of the student and the superintendent of the resident
district, or other applicable school district in accordance with
subsection D of this section. The method of evaluation may include
a review of the student's work by a certified teacher employed by
the district, the student's performance on a nationally recognized
standardized test, or evaluation of grades earned through
correspondence courses.
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SECTION 4. AMENDATORY 70 O.S. 2021, Section 27-103, is
amended to read as follows:
Section 27-103. A public school or school district shall not be
a member of any school athletic association unless that association
has adopted a written policy that requires the following:
1. All records of the association to be made accessible
consistent with the provisions of the Oklahoma Open Records Act;
2. All meetings of the association to be open and conducted in
a manner consistent with the provisions of the Oklahoma Open Meeting
Act, including specifically the notice and agenda, voting and
executive session requirements; and
3. A student who is educated pursuant to the other means
exception provided for in subsection A of Section 10-105 of this
title or enrolled in a charter school or virtual charter school
authorized by the Oklahoma Charter Schools Act, shall be allowed to
participate in interscholastic activities or contests offered by the
student's resident district as defined in Section 1-113 of this
title, or offered by another public school district in accordance
with subsection C of Section 2 or subsection D of Section 3 of this
act; and
4. An annual financial audit and a compliance audit of all
funds of the association in accordance with the auditing standards
set forth in the Oklahoma Public School Audit Law. In addition, the
association shall have performance audits conducted of the
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operations of the association. A performance audit shall be
conducted no later than December 31, 2014, and by December 31 every
five (5) years thereafter.
SECTION 5. This act shall become effective November 1, 2026.
Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate