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ENGROSSED HOUSE AMENDMENT
TO
ENGROSSED SENATE BILL NO. 514 By: Bergstrom of the Senate
and
Moore of the House
An Act relating to alternative education; amending 70
O.S. 2021, Section 1210.568, which relates to a
statewide system of alternative education programs;
removing outdated language; directing certain
statewide system to include certain designated
schools; allowing a school district to implement
certain program using full-time virtual or blended
instruction; subjecting certain charter schools and
virtual charter schools to certain provisions;
providing an effective date; and declaring an
emergency.
AUTHOR: Remove Representative Moore as principal House author and
substitute with Representative Kane.
Add as coauthor Representative Moore.
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"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
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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:
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
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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
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
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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.
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.
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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.
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
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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
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
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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
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.
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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
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
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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.
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:
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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;
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.
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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:
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
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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:
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 thirty (30) days from
establishing residency 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;
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
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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.
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
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with subsection C of Section 2 or subsection D of Section 3 of this
act; and
3. 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
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 7th day of May, 2026.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2026.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 514 By: Bergstrom of the Senate
and
Moore of the House
An Act relating to alternative education; amending 70
O.S. 2021, Section 1210.568, which relates to a
statewide system of alternative education programs;
removing outdated language; directing certain
statewide system to include certain designated
schools; allowing a school district to implement
certain program using full-time virtual or blended
instruction; subjecting certain charter schools and
virtual charter schools to certain provisions;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 6. AMENDATORY 70 O.S. 2021, Section 1210.568, is
amended to read as follows:
Section 1210.568. A. 1. Beginning with the first semester of
the 1996-1997 school year, the State Board of Education shall
implement a statewide system of alternative education programs which
shall be phased-in within seven (7) years. The statewide system
shall include but not be limited to Alternative Approaches grant
programs, funded pursuant to Section 1210.561 of this title, and
alternative academies or alternative programs implemented pursuant
to this section.
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2. Beginning with the first semester of the 2020-2021 school
year, the State Board of Education shall implement a statewide
system of alternative education. The statewide system shall include
alternative education programs implemented pursuant to this section
and charter schools and virtual charter schools that have been
designated by the State Department of Education as implementing an
alternative education program.
B. All school districts of this state serving students in
grades seven through twelve shall provide alternative education
programs that conform to the requirements of statutes and rules
applicable to alternative education. A program shall:
1. Allow class sizes and student/teacher ratios which are
conducive to effective learning for at-risk students;
2. Incorporate appropriate structure, curriculum, and
interaction and reinforcement strategies designed to provide
effective instruction;
3. Include an intake and screening process to determine
eligibility of students;
4. Demonstrate that teaching faculty are appropriately
certified teachers;
5. Demonstrate that teaching faculty have been selected on the
basis of a record of successful work with at-risk students or
personal and educational factors that qualify them for work with at-
risk students;
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6. Reflect appropriate collaborative efforts with state
agencies and local agencies serving youth;
7. Provide courses that meet the academic curricula standards
adopted by the State Board of Education and additional remedial
courses;
8. Offer individualized instruction;
9. State clear and measurable program goals and objectives;
10. Include counseling and social services components;
11. Require a plan leading to graduation be developed for each
student in the program which will allow the student to participate
in graduation exercises at the sending school or district after
meeting the requirements of the school district as specified in the
individual graduation plan for that student; provided, the
graduation plan required by this paragraph shall not be separate
from the plan required by Section 1210.508-4 of this title;
12. Offer life skills instruction;
13. Provide opportunities for hands-on arts education to
students, including artist residency programs coordinated with the
Oklahoma Arts Council;
14. Provide a proposed annual budget;
15. Be appropriately designed to serve middle school, junior
high school, and high school students in grades seven through twelve
who are most at risk of not completing a high school education for a
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reason other than that identified in Section 13-101 of this title;
and
16. Allow students in the alternative education program, who
otherwise meet all of the participation requirements, to participate
in vocational programs and extracurricular activities at the sending
school or district, including, but not limited to athletics, band,
and clubs.
C. The alternative education program of a school district shall
be operational and serving students by September 1 of each school
year.
D. A school district may implement an alternative education
program using a full-time virtual education program or blended
instruction, as defined by Section 1-111 of this title.
E. Charter schools and virtual charter schools that have been
designated by the State Department of Education as implementing an
alternative education program shall be subject to:
1. A separate performance framework as provided for in
paragraph 18 of subsection A of Section 3-136 of this title; and
2. The attendance policies outlined in Section 3-145.8 of this
title.
F. 1. Each alternative education program of a school district
shall receive funding based on the average daily membership (ADM) of
students served by an alternative education program in the prior
school year according to the annual statistical report conducted by
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the State Department of Education. The per-student funding amount
shall be based on the funding available for the program each fiscal
year.
2. Of the funding available for alternative education programs
each fiscal year, the State Department of Education shall designate
up to fifteen percent (15%) for districts participating in
cooperative agreements for alternative education services, which
shall be allocated on a pro rata basis as an incentive to each
participating district. The incentive amount received by each
district for participating in a cooperative agreement shall not
exceed Six Thousand Dollars ($6,000.00) per fiscal year and shall be
in addition to the per-student funding amount required by paragraph
1 of this subsection. Any funds remaining after allocations
required by this paragraph are made shall be distributed to
districts in accordance with paragraph 1 of this subsection.
3. Statewide alternative education funding shall not be used to
supplant existing school district resources or to support programs
that do not meet all the criteria for the statewide alternative
education system.
E. G. All statewide alternative education funds received and
expended for students participating in an alternative education
program shall be reported to the State Department of Education by
major object codes and by program classifications pursuant to the
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Oklahoma Cost Accounting System as adopted by the State Board of
Education pursuant to Section 5-135 of this title.
F. H. Elementary school districts, as defined in Section 5-103
of this title, may request a waiver by May 15 of each year from the
State Board of Education from the requirements of this section to
implement and provide an alternative education program. Any request
for a waiver shall be accompanied by an assurance that the school
district does not have students in need of alternative education
services. If a school district is granted a waiver, no statewide
alternative education funding shall be allocated to the district.
G. I. 1. The State Board of Education shall:
a. provide initial and ongoing training of personnel who
will educate at-risk populations through alternative
education programs,
b. provide technical assistance to school districts to
enhance the probability of success of their
alternative education programs,
c. evaluate state-funded alternative education programs,
d. report the evaluation results of state-funded
alternative education programs, and
e. provide in-depth program analysis and evaluation of
state-funded alternative education programs.
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2. The State Board of Education may create an evaluation
schedule for effective and highly effective programs, requiring them
to be evaluated not less than once every three (3) years.
3. The State Board of Education may contract with a technical
assistance provider in order to meet the requirements of this
subsection.
4. The State Board of Education shall have the authority to
suspend funds for an alternative education program that does not
meet the requirements of subsection B of this section. Provided,
any school district under consideration for suspension of funds may
request a hearing before the Board with a review of the evaluation
prior to the Board’s final determination.
H. J. All alternative education programs shall be subject to
statutes and rules applicable to alternative education, including
any exemptions from statutory or regulatory requirements authorized
by statutes or rule.
I. K. An alternative education program may be offered by an
individual school district or may be offered jointly by school
districts that have formed interlocal cooperative agreements
pursuant to Section 5-117b of this title. Any school district
submitting a plan for an alternative education program serving fewer
than ten students shall enter into a cooperative agreement with
another school district to jointly provide the program unless the
program has been granted a waiver from this requirement by the State
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Board of Education. A school district participating in a
cooperative agreement shall be required to send its alternative
education funding allocation to the cooperative.
J. L. Any materials or equipment purchased by a school district
with revenue received for students participating in an alternative
education program shall be used only in or directly for the
alternative education program offered by the district or any
subsequent alternative education program offered to students
enrolled in that district. Such materials and equipment shall be
made available exclusively to alternative education students during
the hours that the alternative education program is operating;
provided, the material or equipment may be used for other purposes
when the alternative education program is not operating.
SECTION 7. This act shall become effective July 1, 2026.
SECTION 8. 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.
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Passed the Senate the 24th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives