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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2103 By: Bullard
AS INTRODUCED
An Act relating to charter schools; amending Sections
2, Chapter 323, O.S.L. 2023, and 3-134, as last
amended by Section 6, Chapter 323, O.S.L. 2023, (70
O.S. Supp. 2025, Sections 3-132.2 and 3-134), which
relate to the Oklahoma Charter Schools Act; modifying
definition; modifying certain restriction on private
schools; updating statutory language; updating
statutory references; providing an effective date;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 2, Chapter 323, O.S.L.
2023 (70 O.S. Supp. 2025, Section 3-132.2), is amended to read as
follows:
Section 3-132.2. A. Beginning July 1, 2024, and subject to the
requirements of the Oklahoma Charter Schools Act, the Statewide
Charter School Board shall:
1. Provide supervision, services, and oversight of the
operations of statewide virtual charter schools in this state and
charter schools for which the Statewide Charter School Board is the
sponsor, recommend legislation pertaining to charter schools to the
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Legislature, and promulgate rules and policies that the Board deems
necessary to accomplish the purposes prescribed in this section;
2. Ensure compliance with state laws and training requirements
for all charter schools, virtual charter schools, and sponsors;
3. Establish a procedure for accepting, approving, and
disapproving charter school and statewide virtual charter school
applications and a process for renewal or revocation of approved
charter contracts which meet the procedures set forth in the
Oklahoma Charter Schools Act;
4. Hire an Executive Director and other staff for its
operation;
5. Prepare a budget for expenditures necessary for the proper
maintenance of the Board and accomplishment of its purpose;
6. Comply with the requirements of the Oklahoma Open Meeting
Act and Oklahoma Open Records Act; and
7. Give priority to opening charter schools and virtual charter
schools that serve at-risk student populations or students from low-
performing traditional public schools.
B. The State Board of Education shall be responsible for
accreditation of charter schools and virtual charter schools and
ensure compliance with special education laws and federal laws and
programs administered by the State Board of Education.
C. 1. For purposes of the Oklahoma Charter Schools Act,
“charter school” means:
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a. prior to July 1, 2024, a public school established by
contract with a school district board of education, a
technology center school district, a higher education
institution, a federally recognized Indian tribe, or
the State Board of Education, and
b. on July 1, 2024, and after, a public publicly funded
school established created and operated by contract
with a school district board of education, a higher
education institution, an institution of higher
learning accredited pursuant to Section 4103 of Title
70 of the Oklahoma Statutes this title, a federally
recognized Indian tribe, or the Statewide Charter
School Board,
to provide learning that will improve student achievement and as
defined in the Elementary and Secondary Education Act of 1965, as
reauthorized by P.L. No. 114-95, also known as the Every Student
Succeeds Act.
2. A charter school may consist of a new school site, new
school sites, or all or any portion of an existing school site. An
entire school district may not become a charter school site.
D. 1. For the purposes of the Oklahoma Charter Schools Act,
“conversion school” means a school created by converting all or any
part of a traditional public school in order to access any or all
flexibilities afforded to a charter school; provided, however, all
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or any part of a traditional public school shall not be converted to
a virtual charter school.
2. Prior to the board of education of a school district
converting all or any part of a traditional public school to a
conversion school, the board shall prepare a conversion plan. The
conversion plan shall include documentation that demonstrates and
complies with paragraphs 1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
19, 20, 21, 22, 23, 24, 34, and 35 of subsection B of Section 3-134
of Title 70 of the Oklahoma Statutes this title. The conversion
plan and all documents shall be in writing and shall be available to
the public pursuant to the requirements of the Oklahoma Open Records
Act. All votes by the board of education of a school district to
approve a conversion plan shall be held in an open public session.
If the board of education of a school district votes to approve a
conversion plan, the board shall notify the State Board of Education
within sixty (60) days after the vote. The notification shall
include a copy of the minutes for the board meeting at which the
conversion plan was approved.
3. A conversion school shall comply with all the same
accountability measures as are required of a charter school as
defined in subsection C of this section. The provisions of Sections
3-140 and 3-142 of Title 70 of the Oklahoma Statutes this title
shall not apply to a conversion school. Conversion schools shall
comply with the same laws and State Board of Education rules
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relating to student enrollment which apply to traditional public
schools. Conversion schools shall be funded by the board of
education of the school district as a school site within the school
district and funding shall not be affected by the conversion of the
school.
4. The board of education of a school district may vote to
revert a conversion school back to a traditional public school at
any time; provided, the change shall only occur during a break
between school years.
5. Unless otherwise provided for in this subsection, a
conversion school shall retain the characteristics of a traditional
public school.
E. 1. Beginning July 1, 2024, the Statewide Charter School
Board shall make publicly available a list of supplemental online
courses which have been reviewed and certified by the Board to
ensure that the courses are high-quality options and are aligned
with the subject matter standards adopted by the State Board of
Education pursuant to Section 11-103.6 of Title 70 of the Oklahoma
Statutes this title. The Statewide Charter School Board shall give
special emphasis on listing supplemental online courses in science,
technology, engineering, and math (STEM), foreign language, and
advanced placement courses. School districts shall not be limited
to selecting supplemental online courses that have been reviewed and
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certified by the Statewide Charter School Board and listed as
provided for in this paragraph.
2. In conjunction with the Office of Management and Enterprise
Services, the Board shall negotiate and enter into contracts with
supplemental online course providers to offer a state rate price to
school districts for supplemental online courses that have been
reviewed and certified by the Statewide Charter School Board and
listed as provided for in this subsection.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 3-134, as
last amended by Section 6, Chapter 323, O.S.L. 2023 (70 O.S. Supp.
2025, Section 3-134), is amended to read as follows:
Section 3-134. A. For written applications filed after July 1,
2024, prior to submission of the application to a proposed sponsor
seeking to establish a charter school or to the Statewide Charter
School Board to establish a virtual charter school, the applicant
shall be required to complete training which shall not exceed ten
(10) hours provided by the Statewide Charter School Board on the
process and requirements for establishing a charter school or
virtual charter school. The sponsor of a charter school that enters
into a new or renewed sponsorship contract on or after July 1, 2024,
shall be required to complete training provided by the Statewide
Charter School Board or an organization approved by the Statewide
Charter School Board on the oversight duties of the sponsor. The
Board shall develop and implement the training and publish a list of
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organizations approved to provide training by July 1, 2024. The
Board and organizations approved by the Board may provide the
training in any format and manner determined to be efficient and
effective including, but not limited to, web-based training.
B. Except as otherwise provided for in Section 3-137 of this
title, an applicant seeking to establish a virtual charter school
shall submit a written application to the Statewide Charter School
Board, and an applicant seeking to establish a charter school shall
submit a written application to the proposed sponsor as provided for
in subsection E of this section. The application shall include:
1. A mission statement for the charter school or virtual
charter school;
2. A description including, but not limited to, background
information of the organizational structure and the governing board
of the charter school or virtual charter school;
3. A financial plan for the first five (5) years of operation
of the charter school or virtual charter school and a description of
the treasurer or other officers or persons who shall have primary
responsibility for the finances of the charter school or virtual
charter school. Such person shall have demonstrated experience in
school finance or the equivalent thereof;
4. A description of the hiring policy of the charter school or
virtual charter school;
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5. The name of the applicant or applicants and requested
sponsor;
6. A description of the facility and location of the charter
school;
7. A description of the grades being served;
8. An outline of criteria designed to measure the effectiveness
of the charter school or virtual charter school;
9. Documentation that the applicants completed training as set
forth in subsection A of this section;
10. A description of the minimum and maximum enrollment planned
per year for each term of the charter contract;
11. The proposed calendar for the charter school or virtual
charter school and sample daily schedule;
12. Unless otherwise authorized by law or regulation, a
description of the academic program aligned with state standards;
13. A description of the instructional design of the charter
school or virtual charter school including the type of learning
environment, class size and structure, curriculum overview, and
teaching methods;
14. The plan for using internal and external assessments to
measure and report student progress on the performance framework
developed by the applicant in accordance with Section 3-136 of this
title;
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15. The plans for identifying and successfully serving students
with disabilities, students who are English language learners, and
students who are academically behind;
16. A description of cocurricular or extracurricular programs
and how they will be funded and delivered;
17. Plans and time lines timelines for student recruitment and
enrollment including lottery procedures;
18. The student discipline policies for the charter school or
virtual charter school including those for special education
students with disabilities;
19. An organizational chart that clearly presents the
organizational structure of the charter school or virtual charter
school, including lines of authority and reporting between the
governing board, staff, any related bodies such as advisory bodies
or parent and teacher councils, and any external organizations that
will play a role in managing the school;
20. A clear description of the roles and responsibilities for
the governing board, the leadership and management team for the
charter school or virtual charter school, and any other entities
shown in the organizational chart;
21. The leadership and teacher employment policies for the
charter school or virtual charter school;
22. Proposed governing bylaws;
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23. Explanations of any partnerships or contractual
partnerships central to the operations or mission of the charter
school or virtual charter school;
24. The plans for providing transportation, food service, and
all other significant operational or ancillary services;
25. Opportunities and expectations for parental involvement;
26. A detailed school start-up plan that identifies tasks, time
lines timelines, and responsible individuals;
27. A description of the financial plan and policies for the
charter school or virtual charter school including financial
controls and audit requirements;
28. A description of the insurance coverage the charter school
or virtual charter school will obtain;
29. Start-up and five-year budgets with clearly stated
assumptions;
30. Start-up and first-year cash-flow projections with clearly
stated assumptions;
31. Evidence of anticipated fundraising contributions, if
claimed in the application;
32. A sound facilities plan including backup or contingency
plans if appropriate;
33. A requirement that the charter school or virtual charter
school governing board meet no fewer than ten (10) months of the
year in the state and that for those charter schools outside of
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counties with a population of five hundred thousand (500,000) or
more, that a minimum of two (2) members are residents within the
geographic boundary of the charter school;
34. A requirement that the charter school or virtual charter
school follow the requirements of the Oklahoma Open Meeting Act and
Oklahoma Open Records Act; and
35. A copy of any proposed contract between the governing board
of a charter school or virtual charter school and an educational
management organization, as defined by Section 5-200 of this title,
which meets the requirements of the Oklahoma Charter Schools Act.
C. A board of education of a public school district, public
body, public or private college or university, private person, or
private organization may contract with a sponsor to establish
operate a charter school or virtual charter school. A An operating
private school shall not be eligible to contract for a charter
school or virtual charter school under the provisions of the
Oklahoma Charter Schools Act.
D. The sponsor of a charter school is the board of education of
a school district, a higher education institution, a private
institution of higher learning accredited pursuant to Section 4103
of this title, a federally recognized Indian tribe which meets the
criteria established in Section 3-132 of this title, or beginning
July 1, 2024, the Statewide Charter School Board. Any sponsor
authorized pursuant to subsection A of Section 3-132 of this title
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may sponsor one or more charter schools. The physical location of a
charter school sponsored by a board of education of a school
district shall be within the boundaries of the sponsoring school
district. The physical location of a charter school sponsored by
the Statewide Charter School Board pursuant to paragraph 6 of
subsection A of Section 3-132 of this title shall be in the school
district in which the application originated.
E. 1. Beginning July 1, 2024, any application seeking to
establish a charter school in this state shall be submitted first to
the school district in which the proposed charter school is to be
located. The school district board of education shall approve or
deny the application within sixty (60) days of receipt of the
application. If the charter school application is denied, nothing
shall prohibit an applicant from submitting a revised application to
the school district board of education, which shall approve or deny
the revised application within sixty (60) days of receipt of the
application.
2. An applicant for a charter school that has been denied
pursuant to paragraph 1 of this subsection may submit an application
to a proposed sponsor listed in paragraphs 2 through 6 of subsection
A of Section 3-132 of this title, which shall either accept or
reject sponsorship of the charter school within ninety (90) days of
receipt of the application. If the proposed sponsor rejects the
application, it shall notify the applicant in writing of the reasons
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for the rejection. The applicant may submit a revised application
for reconsideration to the proposed sponsor within thirty (30) days
after receiving notification of the rejection. The proposed sponsor
shall accept or reject the revised application within thirty (30)
days of its receipt.
3. Beginning July 1, 2024, an applicant for a virtual charter
school shall submit an application to the Statewide Charter School
Board, which shall either accept or reject sponsorship of the
virtual charter school within ninety (90) days of receipt of the
application. If the application is rejected, the Statewide Charter
School Board shall notify the applicant in writing of the reasons
for the rejection. The applicant may submit a revised application
for reconsideration to the Statewide Charter school School Board
within thirty (30) days after receiving notification of the
rejection. The Statewide Charter School Board shall accept or
reject the revised application within thirty (30) days of its
receipt.
F. A board of education of a school district, a higher
education institution, a private institution of higher learning
accredited pursuant to Section 4103 of this title, or a federally
recognized Indian tribe shall notify the State Board of Education
and the Statewide Charter School Board when it accepts sponsorship
of a charter school. The notification shall include a copy of the
charter of the charter school.
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G. Applicants for charter schools and virtual charter schools
proposed to be sponsored by the Statewide Charter School Board may,
upon rejection of a revised application, proceed to binding
arbitration under the commercial rules of the American Arbitration
Association with costs of the arbitration to be borne by the
applicant.
H. If a board of education of a school district, a higher
education institution, a private institution of higher learning
accredited pursuant to Section 4103 of this title, or a federally
recognized Indian tribe accepts sponsorship of a charter school, the
administrative, fiscal, and oversight responsibilities of the school
district, the higher education institution, the private institution
of higher learning accredited pursuant to Section 4103 of this
title, or the federally recognized Indian tribe shall be listed in
the contract. No administrative, fiscal, or oversight
responsibilities of a charter school shall be delegated to a school
district unless the school district agrees to enter into a contract
to assume the responsibilities.
I. A sponsor of a public charter school shall have the
following powers and duties over charter schools it sponsors, and
the Statewide Charter School Board shall have the following powers
and duties over the charter schools and virtual charter schools it
sponsors:
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1. Provide services and oversight of the operations of charter
schools or virtual charter schools in the state through annual
performance reviews and reauthorization;
2. Solicit and evaluate charter applications;
3. Approve quality charter applications that meet identified
educational needs and promote a diversity of educational choices;
4. Decline to approve weak or inadequate charter applications;
5. Negotiate and execute sound charter contracts with each
approved public charter school or virtual charter school;
6. Approve or deny proposed contracts between the governing
board of a charter school or virtual charter school and an
educational management organization, as defined by section Section
5-200 of this title;
7. Monitor, in accordance with charter contract terms, the
performance and legal compliance of charter schools and virtual
charter schools; and
8. Determine whether each charter contract merits renewal,
nonrenewal, or revocation.
J. Sponsors shall establish a procedure for accepting,
approving, and disapproving charter school applications in
accordance with subsection E of this section. The Statewide Charter
School Board shall post its application, application process, and
application time frames on the Board’s website.
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K. Sponsors including the Statewide Charter School Board shall
develop and maintain chartering policies and practices consistent
with recognized principles and standards for quality charter
sponsoring in all major areas of sponsoring responsibility including
organizational capacity and infrastructure, soliciting and
evaluating charter school and virtual charter school applications,
performance contracting, ongoing charter school and virtual charter
school oversight and evaluation, and charter contract renewal
decision-making.
L. Sponsors acting in their official capacity shall be immune
from civil and criminal liability with respect to all activities
related to a charter school with which they contract.
SECTION 3. This act shall become effective July 1, 2026.
SECTION 4. 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.
60-2-3173 EB 1/15/2026 12:37:48 PM