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SENATE FLOOR VERSION
February 25, 2025
SENATE BILL NO. 699 By: Pugh
An Act relating to school accreditation; amending 70
O.S. 2021, Section 3-104.4, which relates to
standards of accreditation for public schools;
directing accreditation standards to provide for
deficiencies; allowing a school to request a due
process hearing before the State Board of Education
within certain time period; providing for adoption of
due process procedures; directing notice to be
provided to a school district in certain manner;
directing a failure to request a hearing to be
considered a waiver of a right to a hearing;
providing for promulgation of rules to establish
certain procedures; updating statutory language;
updating statutory reference; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-104.4, is
amended to read as follows:
Section 3-104.4. A. The State Board of Education shall adopt
standards for the accreditation of the public schools in this state
according to the requirements of Section 3-104.3 et seq. of this
title, to be effective as set forth in Section 3-104.3 et seq. of
this title. The accreditation standards shall incorporate the
curricular standards established pursuant to Section 11-103.6 of
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this title. The accreditation standards shall equal or exceed
nationally recognized accreditation standards to the extent that the
standards are consistent with an academic results oriented approach
to accreditation. The accreditation standards adopted by the State
Board shall encompass accreditation for elementary schools, middle
schools, junior high schools, and high schools. The accreditation
standards shall be made available for public inspection at the
offices of the State Department of Education.
B. Standards for accreditation adopted by the State Board of
Education shall include standards relating to the provision of
school counselors to the public school children of this state. The
State Board of Education shall require each local school district to
provide information regarding the number of counselors serving each
school site, the duties of all such counselors including all
administrative duties, the number of students served by each
counselor, and information regarding the number of counselors
employed per elementary school, middle school, junior high school,
and high school.
C. 1. Except as otherwise provided, schools shall meet the
accreditation standards as a condition of continued accreditation.
Nothing herein shall be construed as preventing changes to the
adopted standards by the State Board of Education pursuant to the
Administrative Procedures Act.
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2. The accreditation standards shall provide for deficiencies,
warnings, probation, or nonaccredited status for schools that fail
to meet the one or more or all standards.
3. The State Department of Education shall investigate a
complaint of failure to provide educational services or failure to
comply with accreditation standards within thirty (30) days of
receiving the complaint. If the Department determines that a school
has failed to comply with the accreditation standards, the
Department shall report the recommended deficiencies, warning,
probation, or nonaccredited accreditation status to the State Board
of Education within ninety (90) days. The school shall be given an
opportunity to request a hearing before the Board pursuant to the
due process procedures adopted by the Board as provided for in this
subsection. If a school does not request a due process hearing
within ten (10) business days and does not take action to comply
with the accreditation standards within ninety (90) days after a
report is filed by the Department, the Board shall withdraw
accreditation for the school.
4. Prior to the State Board of Education taking action on a
recommendation from the State Department of Education to change the
accreditation status of a school site or school district by
classifying the site or district with deficiencies, warning,
probation, or nonaccredited accreditation status, the school
district shall be given an opportunity to request a hearing before
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the Board pursuant to the due process procedures adopted by the
Board as provided for in this subsection. The school district shall
receive notice of the right to a hearing by certified mail, with the
postmark used to determine the timeliness of the notice. The
hearing shall be conducted by the Board. Failure of the school
district to request a hearing within ten (10) business days of
receipt of such notice shall be considered a waiver of the
district’s right to a hearing.
5. The State Board of Education shall promulgate rules
establishing the due process procedures providing notice and an
opportunity for a hearing prior to the accreditation status of a
school site or school district being changed. The rules shall be
adopted pursuant to the Administrative Procedures Act.
6. The State Board of Education’s accreditation regulations
rules shall provide for warnings and for assistance to schools and
school districts whenever there is reason to believe a school is in
danger of losing its state accreditation.
D. If one or more school sites fail to receive accreditation as
required pursuant to this section or subsequently lose
accreditation, the State Board of Education shall close the school
and reassign the students to accredited schools within the district
or shall annex the district to one or more other districts in which
the students can be educated in accredited schools.
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E. Standards for accreditation adopted by the State Board of
Education shall include standards relating to the provision of
educational services provided in partial hospitalization programs,
day treatment programs, day hospital programs, residential treatment
programs, and emergency shelter programs for persons between the
ages of three (3) and twenty-one (21) years of age. The
accreditation standards shall apply to on-site and off-site
educational services provided by public school districts or state-
accredited private schools. Each school which is providing or is
required to provide educational services for students placed in a
program as described in this subsection shall be actively monitored
by the State Department of Education. The Department shall
determine on an ongoing basis if the educational program and
services are in compliance with the accreditation standards.
F. The State Board of Education shall provide assistance to
districts in considering the possibility of meeting accreditation
requirements through the use of nontraditional means of instruction.
The State Board shall also assist districts in forming cooperatives
and making arrangements for the use of satellite instruction or
other instructional technologies to the extent that use of such
instructional means meets accreditation standards.
G. 1. Accreditation shall not be withdrawn from or denied nor
shall a penalty be assessed against a school or school district for
failing to meet the media materials and equipment standards, media
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program expenditure standards, and media personnel standards as set
forth in the accreditation standards adopted by the Board.
2. The provisions of paragraph 1 of this subsection shall cease
to be effective during the fiscal year which begins on the July 1
immediately succeeding the legislative session during which the
measure appropriating monies to the State Board of Education for the
financial support of public schools is enacted as law and such
appropriation amount is at least Fifty Million Dollars
($50,000,000.00) greater than the amount of money appropriated to
the State Board of Education for the financial support of public
schools for the fiscal year ending June 30, 2019, pursuant to
Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars
($50,000,000.00) shall not include any amount of appropriations
dedicated for support or certified employee salary increases.
Accreditation shall not be withdrawn from or denied nor shall a
penalty be assessed against a school or school district for failing
to meet the media personnel standards as set forth in accreditation
standards adopted by the Board.
H. 1. The State Board of Education shall not assess a
financial penalty against any school district which is given a
deficiency in accreditation status during any fiscal year as
provided for in this subsection.
2. Beginning with the fiscal year which begins July 1, 2021, if
the amount of money appropriated to the State Board of Education for
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the financial support of public schools including funds apportioned
pursuant to Section 2 Section 426 of this act Title 63 of the
Oklahoma Statutes, is at least One Hundred Million Dollars
($100,000,000.00) greater than the amount of money appropriated to
the State Board of Education for the financial support of public
schools for the fiscal year ending June 30, 2019, pursuant to
Chapter 146, O.S.L. 2018, a financial penalty shall be assessed
against any school districts that do not comply with the class size
limitations for kindergarten as provided for in Section 18-113.2 of
this title and class size limitations for grade one as provided for
in subsection A of Section 18-113.1 of this title. Provided, the
One Hundred Million Dollars ($100,000,000.00) shall not include any
amount of appropriations dedicated for support or certified employee
salary increases.
3. The State Department of Education shall submit a report on
statewide classroom sizes to the President Pro Tempore of the
Oklahoma State Senate and the Speaker of the Oklahoma House of
Representatives no later than January 1, 2022.
I. Except as provided for in subsection J of this section,
beginning with the 2019-2020 school year, evaluations of schools to
determine whether they meet the accreditation standards set forth in
accordance with this section shall occur once every four (4) years
on a schedule adopted by the State Board of Education. The Board
may interrupt the evaluation schedule provided in this subsection
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for reasons including a change in the superintendent of the school
district; determination that one or more school district board
members have not met the continuing education requirements as
defined by this title; determination that the school district
falsified information submitted to any public city, county, state,
or federal official or agency; initiation of an investigation by the
Board or a law enforcement agency; or other determination by the
Board that standards for accreditation are not being met by the
school district. The schedule adopted by the Board shall allow for
school districts receiving no deficiencies for two (2) consecutive
years to be reviewed for accreditation less than annually.
Provided, however, that schools shall be evaluated annually for the
purposes of:
1. Local, state, and federal funding;
2. Health and safety;
3. Certification requirements for teachers, principals, and
superintendents;
4. School board governance, including instructional and
continuing education requirements for school board members; and
5. Any other requirements under state or federal law.
J. Beginning with the 2019-2020 school year, if a public school
receives a deficiency on its accreditation report, the public school
shall be evaluated annually to determine if it meets the
accreditation standards set forth in accordance with this section.
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If the public school receives no deficiencies for two (2)
consecutive years, the public school shall be subject to the
evaluation timeline established in subsection I of this section.
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.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
February 25, 2025 - DO PASS