School Laws of Oklahoma
Chapter 8 - Instruction
Article I: Instruction
Section 842. Driver Education. (47 O.S. § 6-105)
A. Unless a legal custodial parent or legal guardian has filed an objection to licensure pursuant to Section 6-103.1 of this title, any person under eighteen (18) years of age who is in compliance with or not subject to Section 6-107.3 of this title may be permitted to operate:
1. A Class D motor vehicle under the graduated driver license provisions prescribed in subsections B through E of this section;
2. A motorcycle under the provisions prescribed in subsection H of this section; or
3. A farm vehicle under the provisions prescribed in subsection I of this section.
B. Any person who is at least fifteen (15) years of age may drive during a session in which the driver is being instructed in a driver education course, as set out in subparagraphs a, b, c and d of paragraph 1 of subsection C of this section, by a certified driver education instructor who is seated in the right front seat of the motor vehicle.
C. Any person:
1. Who is at least fifteen and one-half (15 1/2) years of age and is currently receiving instruction in or has successfully completed driver education. For purposes of this section, the term “driver education” shall mean:
a. a prescribed secondary school driver education course, as provided for in Sections 19-113 through 19-121 of Title 70 of the Oklahoma Statutes,
b. a driver education course, certified by the Department of Public Safety, from a parochial, private, or other nonpublic secondary school,
c. a commercial driver training course, as defined by Sections 801 through 808 of this title, or
d. a parent-taught driver education course, certified by the Department of Public Safety. The Department shall promulgate rules for any parent-taught driver education course; or
2. Who is at least sixteen (16) years of age,
may, upon successfully passing all parts of the driver license examination administered by the Department except the driving examination, be issued a learner permit which will grant the permittee the privilege to operate a Class D motor vehicle upon the public highways only between the hours of 5:00 a.m. and 10:00 p.m. and while accompanied by a licensed driver who is at least twenty-one (21) years of age and who is actually occupying a seat beside the permittee.
D.
1. Any person:
a. who has applied for, been issued, and has possessed a learner permit for a minimum of six (6) months, and
b. whose custodial legal parent or legal guardian certifies to the Department by sworn affidavit that the person has received a minimum of fifty (50) hours of actual behind-the-wheel training, of which at least ten (10) hours of such training was at night, from a licensed driver who was at least twentyone (21) years of age and who was properly licensed to operate a Class D motor vehicle for a minimum of two (2) years,
may be issued an intermediate Class D license upon successfully passing all parts of the driver license examinations administered by the Department. However, notwithstanding the date of issuance of the learner permit, if the person has been convicted of a traffic offense which is reported on the driving record of that person, the time period specified in subparagraph a of this paragraph shall be recalculated to begin from the date of conviction for the traffic offense, and must elapse before that person may be issued an intermediate Class D license. If the person has been convicted of more than one traffic offense which is reported on the driving record of that person, the time period specified in subparagraph a of this paragraph shall be recalculated to begin from the most recent date of conviction, and must elapse before that person may be issued an intermediate Class D license.
2. A person who has been issued an intermediate Class D license under the provisions of this subsection:
a. shall be granted the privilege to operate a Class D motor vehicle upon the public highways:
(1) only between the hours of 5:00 a.m. and 10:00 p.m., except for driving to and from work, school, school activities, and church activities, or
(2) at any time, if a licensed driver who is at least twenty-one (21) years of age is actually occupying a seat beside the intermediate Class D licensee, or if the intermediate Class D licensee is a farm or ranch resident, and is operating a motor vehicle while engaged in farming or ranching operations outside the limits of a municipality, or driving to and from work, school, school activities, or church activities, and
b. shall not operate a motor vehicle with more than one passenger unless:
(1) all passengers live in the same household as the custodial legal parent or legal guardian, or
(2) a licensed driver at least twenty-one (21) years of age is actually occupying a seat beside the intermediate Class D licensee.
E. Any person who has been issued an intermediate Class D license for a minimum of:
1. One (1) year; or
2. Six (6) months, if the person has completed both the driver education and the parent-certified behind-the-wheel training provisions of subparagraph c of paragraph 1 of subsection D of this section;
may be issued a Class D license. However, notwithstanding the date of issuance of the Class D license, if the person has been convicted of a traffic offense which is reported on the driving record of that person, the time periods specified in paragraphs 1 or 2, as applicable, of this subsection shall be recalculated to begin from the date of conviction for the of more than one traffic offense which is reported on the driving record of that person, the time periods specified in paragraphs 1 or 2, as applicable, of this subsection shall be recalculated to begin from the most recent date of conviction, and must elapse before that person may be issued a Class D license.
F. Learner permits and intermediate Class D licenses shall be issued for the same period as all other driver licenses. The licenses may be suspended or canceled at the discretion of the Department for violation of restrictions, for failing to give the required or correct information on the application, for knowingly giving false or inaccurate information on the application or any subsequent documentation related to the granting of driving privileges, for using a hand-held electronic device while operating a motor vehicle for non-life-threatening emergency purposes or for violation of any traffic laws of this state pertaining to the operation of a motor vehicle.
G. The Department of Public Safety shall promulgate rules establishing procedures for removal of learner permit and intermediate Class D license restrictions from the permit or license upon the permittee or licensee qualifying for a less restricted or an unrestricted license.
H. Any person fourteen (14) years of age or older may apply for a restricted Class D license with a motorcycleonly restriction. After the person has successfully passed all parts of the motorcycle examination other than the driving examination and has met all requirements provided for in the rules of the Department, the Department shall issue to the person a restricted Class D license with a motorcycle-only restriction which shall grant to the person, while having the license in the person's immediate possession, the privilege to operate a motorcycle or motor-driven cycle:
1. With a piston displacement not to exceed two hundred fifty (250) cubic centimeters;
2. Between the hours of 4:30 a.m. to 9:00 p.m. only;
3. While wearing approved protective headgear; and
4. While accompanied by and receiving instruction from any person who is at least twenty-one (21) years of age and who is properly licensed pursuant to the laws of this state to operate a motorcycle or motor-driven cycle, and who has visual contact with the restricted licensee.
The restricted licensee may apply on or after thirty (30) days from date of issuance of the restricted Class D license with a motorcycle-only restriction to have the restriction of being accompanied by a licensed driver removed by successfully completing the driving portion of an examination.
I. The Department may in its discretion issue a special permit to any person who has attained the age of fourteen (14) years, authorizing such person to operate farm vehicles between the farm and the market to haul commodities grown on the farm; provided, that the special permit shall be temporary and shall expire not more than thirty (30) days after the issuance of the special permit. Special permits shall be issued only to farm residents and shall be issued only during the time of the harvest of the principal crops grown on such farm. Provided, however, the Department shall not issue a special permit pursuant to this subsection until the Department is fully satisfied after the examination of the application and other evidence furnished in support thereof, that the person is physically and mentally developed to such a degree that the operation of a motor vehicle by the person would not be inimical to public safety.
J. As used in this section:
1. “Hand-held electronic device” means a mobile telephone or electronic device with which a user engages in a telephone call, plays or stores media, including but not limited to music and video, or sends or reads a text message while requiring the use of at least one hand; and
2. “Using a hand-held electronic device” means engaging any function on an electronic device.
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Section 842.1. Demonstration of Satisfactory Reading Ability. (70 O.S. § 1210.515)
A. Pursuant to the provisions of paragraph 2 of subsection A of Section 6-107.3 of Title 47 of the Oklahoma Statutes, any person under the age of eighteen (18) years wishing to apply for a driver license or permit shall successfully demonstrate a satisfactory reading ability at the eighth-grade reading level by meeting the following criteria:
1. A student enrolled in a public school shall successfully complete the reading portion of the state criterion-referenced test offered in the eighth grade. Following the administration of this test in the eighth grade, any student not successfully completing the reading portion shall be assigned a plan of remedial reading. Any student not successful in completing the reading portion of the state criterion-referenced test may take a comparable alternative reading proficiency test in order to satisfy the criteria for a driver license or permit. Alternative reading proficiency tests shall be approved by the State Department of Education. Subsequent successful completion of an alternative reading proficiency test shall serve to satisfy any test retaking requirement which may be required for the reading portion of the state criterion-referenced test in the eighth grade in the Oklahoma School Testing Program. School districts shall notify, in writing, each student who takes the reading portion of the state criterion-referenced test for the eighth grade or who takes an alternative reading proficiency test and the student’s parent or legal guardian of the test results. If the student fails to perform satisfactorily on the test, the notice shall inform the student of the reading proficiency driver license requirement and the school’s remediation plan for the student. Upon the student’s successful completion of the test, the school shall furnish the student with the documentation needed for the driver license application in Oklahoma;
2. Unless alternatively documented according to the provisions of subsection C of this section, students under the age of eighteen (18) years shall successfully complete a reading proficiency test approved by the State Department of Education; and
3. Any student who wishes to apply for a restricted license to operate a motorcycle may take an alternative reading proficiency test, subject to the provisions of this section.
B. Alternative reading proficiency tests shall be offered by testing sites, which shall include the public schools at least four (4) times per calendar year, and may include any of the following which chose to participate, the technology center school districts, Regional Education Service Centers, colleges, accredited private schools, and other sites approved by the State Department of Education. A student may take the test as often as wished, subject to the provisions of this section. Testing sites shall provide the first alternative reading proficiency test for each student at no cost to the student. Students may be assessed a fee not to exceed Twenty-five Dollars ($25.00) by the testing site for each subsequent alternative reading proficiency test taken.
C. A school district shall provide for alternative documentation of reading proficiency for the purposes of paragraph 2 of subsection A of Section 6-107.3 of Title 47 of the Oklahoma Statutes for any student with an individualized education plan. The alternative documentation shall be furnished to such student who is performing satisfactorily in reading pursuant to the student’s individualized education plan. Parents of disabled students educated pursuant to the provisions of Section 4 of Article XIII of the Oklahoma Constitution may satisfy the requirement of paragraph 2 of subsection A of Section 6-107.3 of Title 47 of the Oklahoma Statutes by signing an affidavit that, based upon their best information and belief, their child would qualify for an individualized education plan if enrolled in public school, and that in their judgment their child is performing satisfactorily in reading and is therefore academically qualified to satisfy the requirement of paragraph 2 of subsection A of Section 6-107.3 of Title 47 of the Oklahoma Statutes.
Section 843. Boxing in Physical Training or Education Authorized. (70 O.S. § 821.51)
The governing board of each state educational institution and of each school district in the State of Oklahoma is hereby authorized to provide as part of any physical training or educational program the art, technique and practice of boxing.
Section 843.1. Character Education Program. (70 O.S. § 1210.229-6)
A. The board of education of every school district in this state may develop and implement, at the beginning of the 2006-2007 school year, a comprehensive program for character education in grades kindergarten through twelfth. The character education program shall focus on development of character traits, the in students. The program of character education may include, but shall not be limited to, the voluntary reciting of the Pledge of Allegiance to the flag of the United States of America.
B. The State Board of Education shall develop and make available to all school districts through an Internet web site, the following:
1. Technical assistance upon request of a school district;
2. A list of character education programs, curricula, and materials which may be used by school districts;
3. A character education honor roll that will recognize school districts that have successfully implemented a comprehensive school-district-wide program of character education and will highlight the positive impacts the program has had on each school or school district; and
4. A character education reading list of books that may include, but is not limited to, books that illustrate models of good character and books that relate to the development of good character traits that may be used by schools in a character education program.
C. Subject to the availability of funding, the State Board of Education may award grants to ten school districts for the establishment of pilot projects which will implement a comprehensive character education program in the school district. The amount of each grant shall be One Thousand Dollars ($1,000.00). The projects shall be innovative programs that will serve as models for other school districts. Funding may cover the cost of purchasing curriculum, materials, or training teachers. The Board shall determine pilot project criteria and establish a process for the consideration of proposals. The proposals for pilot projects shall be considered on a statewide competitive basis. The Board shall promulgate rules for the operation of the projects.
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Section 844. Cardiopulmonary Resuscitation Instruction Programs in High Schools. (70 O.S. § 1210.199)
A. This act shall be known and may be cited as the “Dustin Rhodes and Lindsay Steed CPR Training Act”.
B. All students enrolled in physical education in classes in grades nine through twelve in the public schools of this state may receive instruction in the techniques of cardiopulmonary resuscitation and the Heimlich maneuver sufficient to enable the students to give emergency assistance to victims of cardiac arrest or choking.
C. The State Department of Education may administer the cardiopulmonary resuscitation and the Heimlich maneuver instruction program and train teaching personnel pursuant to rules adopted by the State Board of Education. Teaching materials and training courses provided by the American Red Cross, the American Heart Association and similar organizations may be utilized.
D. Each public school district board of education shall ensure that a minimum of one certified teacher and one noncertified staff member at each school site receives training in cardiopulmonary resuscitation and the Heimlich maneuver each year.
E. School districts may use state funds allocated to the school district for professional development to pay for or to reimburse teachers and support personnel for training in the administration of first aid and techniques of cardiopulmonary resuscitation and the Heimlich maneuver.
F. Nothing in this section shall be construed to impose liability on any school district or school district employee for injury or death of any student, teacher, or other person resulting from any cardiopulmonary or choking incident or to absolve any school district or school employee of liability that might otherwise exist under The Governmental Tort Claims Act.
Section 845. American Sign Language - Course Credit. (70 O.S. § 3208.1)
It is the intent of the Legislature that American Sign Language be recognized as a foreign language. Any institution in The Oklahoma State system of Higher Education may, in accordance with Section 3208 of Title 70 of the Oklahoma Statutes, offer courses in American Sign Language and grant credit for such courses in the same manner as provided for other foreign language courses. Course credit earned by a student for American Sign Language classes taken in the public schools may be credited by an institution for purposes of meeting elective course entrance or graduation requirements or both entrance and graduation requirements.
Section 846. Oklahoma Educational Indicators Program. (70 O.S. § 1210.531)
A. The Education Oversight Board shall establish an Oklahoma Educational Indicators Program. The purpose of the Program shall be to develop and implement a system of measures whereby the performance of public schools and school districts is assessed and reported without undue reliance upon any single type of indicator, and whereby the public, including students and parents, may be made aware of the proper meaning and use of any tests administered under the Oklahoma School Testing Program Act, relative accomplishments of the public schools, and of progress being achieved. The Board shall involve representatives of various organizations of school teachers and of school administrators in the development of the Program. The Program shall be so designed that use of standardized definitions and measures and opportunities for coordination with national reports, including those of the National Assessment of Educational Progress, are maximized.
B. The Oklahoma Educational Indicators Program shall present information for comparisons of graduation rates, dropout rates, pupil-teacher ratios, student enrollment gain and loss rates, and test results in the contexts of socioeconomic status and the finances of school districts. Information shall be provided individually for all public school sites and school districts in a format that facilitates comparisons. As necessary data become available, comparisons shall also be provided individually for all schools and school districts on a historical basis. Reports of all tests administered pursuant to the Oklahoma School Testing Program Act, Section 1210.505 et seq. of this title, shall be a part of the Oklahoma Educational Indicators Program and shall be provided for each grade and each test subject or set of competencies. Test results for students enrolled in Internet-based courses, including regularly enrolled and alternative education students, shall be disaggregated and reported. The Education Oversight Board shall seek to develop and incorporate additional indicators of comparative standing and accomplishment.
C. Additionally, the Education Oversight Board, with the cooperation of the State Department of Education, the Oklahoma State Regents for Higher Education, and the State Board of Career and Technology Education, shall develop procedures for obtaining and reporting data to the high schools and to the general public regarding the performance of each high school’s graduates in Oklahoma’s institutions of higher education and in postsecondary vocational-technical education. The Education Oversight Board shall include such data in the report of the Oklahoma Educational Indicators Program.
D. By February 1 of each year the Education Oversight Board shall publish:
1. A summary report to the people and Legislature of Oklahoma of the information provided by the Oklahoma Educational Indicators Program; and
2. State, district, and site level reports which shall include the percentage of students who perform at the various levels on the tests required by the Oklahoma State Testing Program.
Immediately following the publication of the reports required in this subsection each year, all data gathered pursuant to the Oklahoma Educational Indicators Program shall be made available for public inspection at the offices of the Education Oversight Board or the Office of Accountability; provided, confidentiality of individual student records shall be preserved as required by law.
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Section 846. Oklahoma Educational Indicators Program. (70 O.S. § 1210.531)
(Effective July 1, 2013)
A. The Commission for Educational Quality and Accountability shall establish an Oklahoma Educational Indicators Program. The purpose of the Program shall be to develop and implement a system of measures whereby the performance of public schools and school districts is assessed and reported without undue reliance upon any single type of indicator, and whereby the public, including students and parents, may be made aware of the proper meaning and use of any tests administered under the Oklahoma School Testing Program Act, relative accomplishments of the public schools, and of progress being achieved. The Commission shall involve representatives of school teachers and of school administrators in the development of the Program. The Program shall be so designed that use of standardized definitions and measures and opportunities for coordination with national reports, including those of the National Assessment of Educational Progress, are maximized.
B. The Oklahoma Educational Indicators Program shall present information for comparisons of graduation rates, dropout rates, pupil-teacher ratios, student enrollment gain and loss rates, and test results in the contexts of socioeconomic status and the finances of school districts. Information shall be provided individually for all public school sites and school districts in a format that facilitates comparisons. As necessary data become available, comparisons shall also be provided individually for all schools and school districts on a historical basis. Reports of all tests administered pursuant to the Oklahoma School Testing Program Act, shall be a part of the Oklahoma Educational Indicators Program and shall be provided for each grade and each test subject or set of competencies. Test results for students enrolled in Internet-based courses, including regularly enrolled and alternative education students, shall be disaggregated and reported. The Commission for Educational Quality and Accountability shall seek to develop and incorporate additional indicators of comparative standing and accomplishment.
C. Additionally, the Commission for Educational Quality and Accountability, with the cooperation of the State Department of Education, the Oklahoma State Regents for Higher Education, and the State Board of Career and Technology Education, shall develop procedures for obtaining and reporting data to the high schools and to the general public regarding the performance of each high school’s graduates in Oklahoma’s institutions of higher education and in postsecondary vocational-technical education. The Commission for Educational Quality and Accountability shall include such data in the report of the Oklahoma Educational Indicators Program.
D. By February 1 of each year the Commission for Educational Quality and Accountability shall publish:
1. A summary report to the people and Legislature of Oklahoma of the information provided by the Oklahoma Educational Indicators Program; and
2. State, district, and site level reports which shall include the percentage of students who perform at the various levels on the tests required by the Oklahoma State Testing Program.
Immediately following the publication of the reports required in this subsection each year, all data gathered pursuant to the Oklahoma Educational Indicators Program shall be made available for public inspection at the Office of Educational Quality and Accountability. The confidentiality of individual student records shall be preserved as required by law.
Section 847. Identification of High Challenge Schools - Report to Legislature. (70 O.S. § 1210.541)
A. The State Board of Education shall determine and adopt a series of student performance levels for the criterion-referenced tests administered pursuant to the Oklahoma School Testing Program Act, Section 1210.505 et seq. of this title. The performance levels shall be set by a method similar to that used for the achievement levels on the National Assessment of Educational Progress. The State Board of Education shall ensure that the criterion-referenced tests developed and administered pursuant to the Oklahoma School Testing Program Act in grades three through eight are vertically aligned by content across grade levels to ensure consistency, continuity, alignment and clarity. Student performance levels shall be labeled: advanced, satisfactory, limited knowledge, and unsatisfactory.
B. The State Board of Education shall develop and implement in accordance with the Elementary and Secondary Education Act of 2001 (ESEA), P.L. No. 107-110, also known as the No Child Left Behind Act of 2001, an accountability system as provided for in 20 U.S.C., 6311 and any related federal regulations. The accountability system shall be implemented beginning with the 2002-2003 school year and shall be based on the Academic Performance Index data as established pursuant to Section 3-150 of this title and as modified to meet the mandates of the ESEA. For the 2002-2003 school year and every year thereafter the State Board of Education shall publish and ensure that each local education agency is provided with Academic Performance Index data annually by site and by district so that the local education agency can make Adequate Yearly Progress determinations to identify schools for rewards and sanctions. The State Board of Education shall establish a system of recognition, rewards, sanctions and technical assistance.
C. A school that does not make adequate yearly progress (AYP) for two (2) consecutive years, as AYP is defined by the accountability system developed by the State Board of Education pursuant to this section, because of failure to meet either an academic performance target or an attendance or graduation performance target, or both, and is identified for school improvement shall utilize the assistance of a school support team or other similar team formed by the State
Department of Education to provide support for schools in need of improvement, subject to school support team capacity. The school support team shall review and analyze all facets of operation of the school including the design and operation of the instructional program. The school support team shall assist the school in:
1. Incorporating strategies based on scientifically based research that will strengthen the core academic subjects in the school and address the specific academic issues that caused the school to be identified for school improvement;
2. Incorporating strategies to promote high quality professional development; and
3. Training teachers to analyze classroom and school-level data and use the data to inform instruction.
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Section 847. Identification of High Challenge Schools - Report to Legislature. (70 O.S. § 1210.541)
(Effective July 1, 2013)
A. The Commission for Educational Quality and Accountability shall determine and adopt a series of student performance levels and the corresponding cut scores pursuant to the Oklahoma School Testing Program Act.
B. The Commission for Educational Quality and Accountability shall have the authority to set cut scores using any method which the State Board of Education was authorized to use in setting cut scores prior to July 1, 2013.
C. The performance levels shall be set by a method that indicates students are ready for the next grade, course, or level of education, as applicable. The Commission for Educational Quality and Accountability shall establish panels to review and revise the performance level descriptors for each subject and grade level The Commission shall ensure that the criterion-referenced tests developed and administered by the State Board of Education pursuant to the Oklahoma School Testing Program Act in grades three through eight and the end-of-instruction tests administered at the secondary level are vertically aligned by content across grade levels to ensure consistency, continuity, alignment and clarity. The Commission shall adopt performance levels that are labeled and defined as follows:
1. Advanced, which shall indicate that students demonstrate superior performance on challenging subject matter;
2. Proficient, which shall indicate that students demonstrate mastery over appropriate grade-level subject matter and that students are ready for the next grade, course, or level of education, as applicable;
3. Limited knowledge, which shall indicate that students demonstrate partial mastery of the essential knowledge and skills appropriate to their grade level or course; and
4. Unsatisfactory, which shall indicate that students have not performed at least at the limited knowledge level.
D. The State Board of Education shall develop and implement in accordance with the Elementary and Secondary Education Act of 2001 (ESEA), P.L. No. 107-110, also known as the No Child Left Behind Act of 2001, an accountability system as provided for in 20 U.S.C., 6311 and any related federal regulations. The accountability system shall be implemented beginning with the 2002-2003 school year and shall be based on the Academic Performance Index data as established pursuant to Section 3-150 of this title and as modified to meet the mandates of the ESEA. For the 2002-2003 school year and every year thereafter the State Board of Education shall publish and ensure that each local education agency is provided with Academic Performance Index data annually by site and by district so that the local education agency can make Adequate Yearly Progress determinations to identify schools for rewards and sanctions. The State Board of Education shall establish a system of recognition, rewards, sanctions and technical assistance.
E. A school that does not make adequate yearly progress (AYP) for two (2) consecutive years, as AYP is defined by the accountability system developed by the State Board of Education pursuant to this section, because of failure to meet either an academic performance target or an attendance or graduation performance target, or both, and is identified for school improvement shall utilize the assistance of a school support team or other similar team formed by the State Department of Education to provide support for schools in need of improvement, subject to school support team capacity. The school support team shall review and analyze all facets of operation of the school including the design and operation of the instructional program. The school support team shall assist the school in:
1. Incorporating strategies based on scientifically based research that will strengthen the core academic subjects in the school and address the specific academic issues that caused the school to be identified for school improvement;
2. Incorporating strategies to promote high quality professional development; and
3. Training teachers to analyze classroom and school-level data and use the data to inform instruction.
Section 847.1. State Intervention of Elementary School District. (70 O.S. § 1210.543)
A. Whenever the State Board of Education determines that an elementary school district, as defined in Section 5-103 of Title 70 of the Oklahoma Statutes, has failed to meet financial requirements for school districts or accreditation standards which negatively affects education or could result in the elementary school district not being able to operate for the remainder of the year, the Board may issue an administrative order placing the elementary school district under full state intervention. Prior to an order for full state intervention being issued by the Board, the State Department of Education shall notify the elementary school district that full state intervention is likely. The elementary school district shall have the opportunity to appear before the State Board of Education by filing a request within fifteen (15) days of receipt of the notice. At the meeting, the elementary school district administration, school patrons, and board of education members shall have an opportunity to provide information to the Board. The Board may issue an order calling for full state intervention which shall become effective immediately unless the order is stayed by a court of competent jurisdiction. The order shall be effective for not more than two (2) school years. The order may be extended upon review of the Board. Any appeal of the order shall be made to the district court of the county in which the elementary school district is located.
B. Full state intervention by the State Board of Education may include:
1. Developing and imposing a corrective action plan for the elementary school district;
2. Appointing a superintendent to serve the elementary school district; and
3. Selection of a federally recognized Indian tribe within the State of Oklahoma to provide direct oversight of the elementary school district or to assume complete control of the elementary school district, provided the elementary school district is within the boundaries of the tribe's jurisdiction.
C. For purposes of the Governmental Tort Claims Act, the superintendent appointed by the state as provided for in subsection B of this section shall be considered a state officer.
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Section 847.2. Alternative Governance Arrangements. (70 O.S. § 1210.544)
A.
1. The State Board of Education shall establish a process to identify schools in the state that are consistently listed as a persistently low-achieving school in accordance with subsection (g)(6) of Section 1003 of Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended. A school district board of education with a school identified as being among the persistently lowest-achieving schools in the state shall implement one of the following four intervention models for the school:
a. turnaround model – replacing the principal and rehiring not more than fifty percent (50%) of the staff and granting to the principal sufficient operational flexibility to fully implement a comprehensive approach to substantially improve student outcomes,
b. restart model - converting or closing the school and reopening it as a charter school under an operator or an education management organization that has been selected through a rigorous review process. Except for the average daily membership and county population limitations specified in subsection A of Section 3-132 of this title, any charter school created pursuant to this subparagraph shall be subject to the provisions of the Oklahoma Charter Schools Act,
c. school closure - closing the school and enrolling the students who attended that school in other schools in the school district that are higher-achieving, or
d. transformation model – implementing each of the following strategies:
(1) replace the principal,
(2) develop and increase teacher and school-leader effectiveness,
(3) institute comprehensive instructional reform,
(4) increase learning time and create community-oriented schools, and
(5) provide operational flexibility and sustained support.
2. If a school identified as being among the persistently lowest-achieving schools in the state has already implemented an alternative governance arrangement within the last two (2) years prior to the identification, the school may continue implementation of the alternative governance arrangement.
B.
1. Notwithstanding any other provision of state law, for schools that are identified for school improvement by the State Board of Education for four (4) consecutive years, the district board of education shall implement one of the following alternative governance arrangements for the school in accordance with subparagraph (B) of subsection (b)(8) of Section 1116 of Title I of the Elementary and Secondary Education Act of 1965, as amended:
a. reopening the school as a public charter school. Except for the average daily membership and county population limitations specified in subsection A of Section 3-132 of this title, any charter school created pursuant to this subparagraph shall be subject to the provisions of the Oklahoma Charter Schools Act,
b. replacing all or most of the school staff assigned to the school, which may include the principal, who are relevant to the failure to make adequate yearly progress and by transferring the replaced staff to another school or by dismissing or not reemploying the replaced staff in accordance with the provisions of the Teacher Due Process Act of 1990 or in accordance with subsection C of this section, if applicable,
c. entering into a contract with an entity, such as a private management company, with a demonstrated record of effectiveness, to operate the public school,
d. turning the operation of the school over to the State Board of Education, or
e. any other major restructuring of the governance arrangement of the school that makes fundamental reforms, such as significant changes in the staffing and governance of the school, to improve student academic achievement in the school and that has substantial promise of enabling the school to make adequate yearly progress. If the chosen governance arrangement does not produce adequate yearly progress within two (2) years from the date of implementation of the restructured governance arrangement, the State Board of Education shall assume control of the school as provided for in paragraph 2 of this subsection.
2. For any school that fails to comply with the provisions of paragraph 1 of this subsection by the end of the school year following its identification for school improvement for four (4) consecutive years, the State Board of Education shall assume control of the management and operations of the school, including control of the staff assigned to the school. The Board shall retain all funds that otherwise would have been allocated to the school district based on the average daily membership of the school which shall be used to operate the school.
C.
1. A district board of education for a district with an average daily membership of more than 30,000 which implements an alternative governance arrangement as provided in paragraph 2 of subsection A of this section may utilize the following procedures, upon approval of the district board and concurrence of the executive committee of the appropriate local bargaining unit:
a. any teacher not retained at the school site shall be given status as a full-time substitute teacher within the school district for a period of not to exceed two (2) years,
b. if the teacher is not offered a contract teaching position at a school in the district within the two-year period specified in subparagraph a of this paragraph, the district board shall be authorized to not reemploy the teacher, and
c. the district board shall designate trained, certified, instructional staff to provide teacher support, development and evaluation, which may include certified personnel other than administrators.
2. Any actions taken pursuant to this subsection shall not be subject to the Teacher Due Process Act of 1990. The decision by the district board for renewal or nonrenewal shall be final.
3. For purposes of this subsection, a full-time substitute teacher shall perform the duties assigned by the district superintendent and shall continue to receive the same salary, benefits and step increases that the teacher would otherwise be entitled to for the time period the teacher serves as a full-time substitute.
D.
1. Each school district subject to the provisions of subsection B of this section shall submit a plan for compliance with this section to the State Department of Education, in a manner prescribed by the Department.
2. Beginning December 31, 2010, and annually each year thereafter, the State Department of Education shall submit a report of the district plans received as provided in paragraph 1 of this subsection to the members of the Senate and House Education Committees.
Note: Amended by SB 553, Sec. 45 & 46 of the 2011 Reg. Sess.
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Section 847.3. School Report Card. (70 O.S. § 1210.545)
A. As part of the accountability system developed as provided for in Section 1210.541 of this title, the State Board of Education shall prepare annual reports of the results of the Oklahoma School Testing Program which describe student achievement in the state, each school district, and each school site. The Board shall prescribe the design and content of the reports, which shall include, without limitation, descriptions of the performance of all schools participating in the Oklahoma School Testing Program and all of the major student populations as determined by the Board, and shall also include the median scores of all eligible students who scored at or in the lowest twenty-fifth percentile of the state in the previous school year. The confidentiality of individual student records shall be preserved as required by law.
B. The annual report as required pursuant to subsection A of this section shall identify school districts and school sites as having one of the following grades, defined according to rules of the State Board of Education:
1. “A” means schools making excellent progress;
2. “B” means schools making above average progress;
3. “C” means schools making satisfactory progress;
4. “D” means schools making less than satisfactory progress; and
5. “F” means schools failing to make adequate progress.
C. Each school that has students who are tested and included in the school grading system as provided for in this section shall receive a school grade, except as follows:
1. A school shall not receive a school grade if the number of students tested and included in the school grading system is less than the minimum sample size necessary, based on accepted professional practice, for statistical reliability and prevention of the unlawful release of personally identifiable student data; and
2. A school that serves any combination of students in kindergarten through grade three which does not receive a school grade because the students are not tested and included in the school grading system shall receive the school grade designation of a feeder pattern school identified by the State Department of Education and verified by the school district. A school feeder pattern exists if at least sixty percent (60%) of the students in the school serving a combination of students in kindergarten through grade three are scheduled to be assigned to the graded school.
D. The grade of a school shall be based on a combination of:
1. Thirty-three percent (33%) on student test scores, including achievement on all criterion-referenced tests and end-of-instruction tests administered under Section 1210.508 of this title and alternative test scores administered to students pursuant to Section 1210.523 of this title;
2. Seventeen percent (17%) on student learning gains in reading and mathematics as measured by criterion referenced tests and end-of-instruction tests administered under Section 1210.508 of this title;
3. Seventeen percent (17%) on improvement of the lowest twenty-fifth percentile of students in the school in reading and mathematics on the criterion-referenced tests and end-of-instruction tests administered under Section 1210.508 of this title, unless these students are exhibiting satisfactory performance; and
4. Thirty-three percent (33%) on whole school improvement, which shall include:
a. for schools comprised of high school grades:
(1) the high school graduation rate of the school,
(2) the performance and participation of students in College Board Advanced Placement courses, International Baccalaureate courses, concurrent enrollment courses, Advanced International Certificate of Education courses, and the achievement of students on national industry certification identified pursuant to rules adopted by the Board,
(3) postsecondary readiness of students as measured by the SAT tests administered by the College Board or the American College Test (ACT),
(4) the high school graduation rate of students who scored at limited knowledge or unsatisfactory on the eighth-grade criterion-referenced tests in reading and mathematics,
(5) as valid data becomes available, the performance of students on the end-of-instruction tests administered under Section 1210.508 of this title, and
(6) the growth or decline in the components listed in divisions (1) through (5) of this subparagraph from year to year, and
b. for schools comprised of middle school grades and elementary school grades:
(1) the drop-out rate of the school,
(2) the percentage of students who are taking higher level coursework at a satisfactory or higher level, and
(3) any other factors selected by the State Superintendent of Public Instruction.
E. Student test data used in determining school grades shall include:
1. The aggregate scores of all eligible students enrolled in the school who have been administered the criterion referenced tests and end-of-instruction tests administered under Section 1210.508 of this title;
2. The aggregate scores of all eligible students enrolled in the school who have been administered the criterion referenced tests and end-of-instruction tests administered under Section 1210.508 of Title 70 of this title, and who have scored at or in the lowest twenty-fifth percentile of students in the school in reading and mathematics, unless these students are exhibiting satisfactory performance; and
3. For schools comprised of high school grades, the data listed in paragraphs 1 through 3 of this subsection, and the following data as the State Department of Education determines the data are valid and available:
a. the high school graduation rate of the school as calculated by the Department,
b. the participation rate of all eligible students enrolled in the school in College Board Advanced Placement courses whether taught at a high school, a technology center school, or a regional site of the Oklahoma School of Science and Mathematics, International Baccalaureate courses, concurrent enrollment courses, Advanced International Certificate of Education courses, and courses or sequence of courses leading to national industry certification identified pursuant to rules adopted by the Board, courses or sequence of courses granted cooperative college alliance credit taken at a technology center school, and science, technology, engineering and mathematics courses taken at a regional site of the Oklahoma School of Science and Mathematics,
c. the aggregate scores of all eligible students enrolled in the school in College Board Advanced Placement courses whether taught at a high school, a technology center school, or a regional site of the Oklahoma School of Science and Mathematics, International Baccalaureate courses, and Advanced International Certificate of Education courses,
d. earning of college credit by all eligible students enrolled in the school in concurrent enrollment programs as provided for in Section 628.13 of this title and in cooperative college alliance courses taken at a technology center school,
e. earning of a national industry certification identified pursuant to rules adopted by the Board,
f. the aggregate scores of all eligible students enrolled in the school in reading, mathematics, and other subjects as measured by the SAT test administered by the College Board and the ACT,
g. the high school graduation rate of all eligible students enrolled in the school who scored at limited knowledge or unsatisfactory on the eighth-grade criterion-referenced tests in reading and mathematics,
h. the performance of students on statewide end-of-instruction tests administered under Section 1210.508 of this title, and
i. the growth or decline in the data components listed in subparagraphs a through h of this paragraph from year to year.
F. The annual report shall identify the performance of each school as having improved, remained the same, or declined. This school improvement rating shall be based on a comparison of the student and school performance data of the current year to the previous year data. Schools that improve at least one grade level are eligible for school recognition as established by the Board through the accountability system developed pursuant to Section 1210.541 of this title.
G. The State Department of Education shall annually develop, in collaboration with school districts and the Office of Accountability prior to July 1, 2013, and the office of Educational Quality and Accountability after July 1, 2013, a school site report card to be delivered to parents throughout each school district. The report card shall include the grade for the school, information regarding school improvement, an explanation of school performance as evaluated in accordance with the Elementary and Secondary Education Act of 2001 (ESEA), P.L. No. 107-110, also known as the No Child Left Behind Act of 2001, and indicators of return on investment. The report card for each school site shall be published annually by the Department on its website, and every school district shall provide the school site report card to the parent or guardian of each student enrolled in the school site.
H. The annual school site report card required by subsection G of this section shall include school district grades, which shall consist of weighted district average grades, by level, for all school sites in the district. A weighted average grade for a school district shall be calculated by weighting individual school grades determined pursuant to this section by school enrollment.
I. The Legislature may factor in the performance of schools in calculating any performance-based funding policy that is provided to public school districts.
J. The State Board of Education shall promulgate rules to implement the provisions of this section.
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Section 847.4. Organ Donor Awareness. (63 O.S. § 2220.6)
The State Superintendent of Public Instruction shall develop and implement in conjunction with the State Department of Health and the Oklahoma Organ Donor Education and Awareness Program Advisory Council within the State Department of Health an organ donor education and awareness curriculum for use in the elementary and secondary schools of this state. The State Board of Education shall promulgate rules to enact the provisions of this section not later than the 2001-2002 school year.
Section 847.5. Drinking and Driving Education Awareness Programs. (47 O.S. § 6-106.3)
A. The State Department of Education shall develop and administer appropriate driver education programs to be conducted in all of the schools of this state to increase awareness of the dangers of drinking and driving.
B.
1. In order to provide education and instruction to all applicants for an original Oklahoma driver license, the Oklahoma Driver’s Manual, published and distributed by the Department of Public Safety pursuant to Section 2-114 of this title, shall contain accurate information on:
a. the hazards of driving while under the influence of alcohol or other intoxicating substances, and
b. the legal and financial consequences resulting from violations of this state’s laws prohibiting the operation or actual physical control of a motor vehicle while under the influence of alcohol or other intoxicating substances.
2. In addition to the subjects set forth in Section 6-110 of this title, the written examination administered by the Department of Public Safety to every applicant for an original Oklahoma driver license shall contain questions on the subjects listed in this subsection.
Section 848. Authorization - Administration. (70 O.S. § 1210.551)
A. The State Board of Education is authorized to assist, and if funds are available to make grants to, local boards of education for the establishment of pilot projects that replace the traditional organization of teaching and learning with innovative management and instructional systems and materials. Projects may involve entire districts, combinations of districts, combinations of schools, or elements of schools individually or in combination. Projects shall not supplant existing alternative school programs.
B. On or before March 31, 1990, the State Board of Education shall determine pilot project criteria, and by July 1, 1990, solicit proposals, and establish a process for the consideration of’ proposals. Such proposals for pilot projects shall be considered on a statewide competitive basis. Proposals which require a substantial policy-determination role for teachers and which include a process for measuring the progress and achievement of students involved shall be given preference.
C. The State Board of Education is authorized to promulgate rules and regulations for the operation of such projects and to grant exceptions to rules and regulations for districts selected to operate such projects. The State Board shall have the authority to require termination of pilot project or its continuation at any time that it finds such termination to be in the best interests of the students involved.
Section 848.1. Oklahoma School Deregulation Committee. (70 O.S. § 1210.551a)
A. There is hereby created until May 31, 1991, the Oklahoma School Deregulation Committee which shall consist of six (6) members. Five members of the Oklahoma School Deregulation committee shall be appointed within thirty (30) days of the effective date of this section by the State Superintendent of Public Instruction and shall consist of members of Task Force 2000. The State Superintendent of Public Instruction shall be a member of the Committee and shall be the chairperson of the committee. A quorum is necessary to transact any business. Members of the Committee shall be reimbursed for travel expenses incurred in the performance of their official duties in accordance with the State Travel Reimbursement Act.
B. The Oklahoma School Deregulation Committee shall:
1. identify appropriate areas for deregulation on a long-term basis and, on a more immediate basis, during the period in which performance standards for schools are being developed;
2. study any and all areas of current regulations as appropriate subjects of future deregulation, except those areas which bear on the health and safety of school children;
3. review student transfer laws in Oklahoma and provide recommendations on making such laws more flexible and less restrictive;
4. consider the potential effects of deregulation on the negotiation process between local school boards and bargaining units; and
5. submit a report on the Committee’s findings and recommendations on or before May 30, 1991, to the Governor, the Speaker of the Oklahoma House of Representatives, the President Pro Tempore of the Senate and the State Board of Education.
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Section 849. Coordinated Educational Services Available to Families of Recipients of TANF. (70 O.S. § 1210.552)
A. The State Board of Education shall solicit proposals for, and if funds are available make grants for, pilot projects that make coordinated educational services available to families of recipients of Temporary Assistance for Needy Families (TANF). Such proposals shall be prepared in cooperation with personnel of the Department of Human Services and shall address the needs of preschool children, dropouts, and adult members of such families who have not graduated from high school or completed a high school equivalency program.
B. The State Board of Education shall determine pilot project criteria and establish a process for the consideration of proposals. Such proposals for pilot projects shall be considered on a statewide competitive basis. The State Board of Education is authorized to promulgate rules for the operation of such projects. To the extent that funds are available, funding of projects approved shall include monies to provide child care while older members of families are receiving TANF services from the pilot project.
Section 850. Academically - Oriented Activity Programs for Students Before and After School and During the Summer. (70 O.S. § 1210.553)
A. Contingent upon the provision of appropriated funds designated for such purpose, the State Board of Education may award one or more competitive grants for providing academically-oriented programs to students needing or desiring such programs during before-school, after school, and summer periods.
B. The State Board of Education shall determine pilot program criteria and establish a process for the consideration of proposals. Such proposals for pilot programs shall be considered on a statewide competitive basis. The State Board of Education is authorized to promulgate rules for the operation of such programs.
C. Upon implementation of this subsection as provided for in subsection D of this section, the State Board of Education shall modify the awards process for the competitive grants so that grants are awarded to school districts or nonprofit organizations. In addition, the grants shall be awarded to academically oriented programs which serve students in at-risk or disadvantaged urban school districts.
D. Implementation of subsection C of this section shall be delayed until the current expenditure per pupil in average daily attendance in public elementary and secondary schools in unadjusted dollars for the 1998-99 school year or any school year thereafter for Oklahoma, as reported by the National Center for Education Statistics annually in the Digest of Education Statistics, reaches at least ninety percent (90%) of the regional average expenditure for that same year, and funds are provided. For purposes of this subsection, the regional average expenditure shall consist of the current expenditure per pupil in average daily attendance in public elementary and secondary schools in unadjusted dollars for each of the following states: Arkansas, Colorado, Kansas, Missouri, New Mexico, Oklahoma, and Texas, averaged together. By January 1 of each year, the State Board of Education shall report whether or not the ninety-percent expenditure level has been reached based on information reported annually in the Digest of Education Statistics by the National Center for Education Statistics. Subsection C of this section shall be implemented on July 1 after the first January 1 report verifies that the ninety-percent expenditure level has been reached and funds have been provided for the specific purposes of this section.
Section 851. Technology Education Pilot Projects for Middle Schools. (70 O.S. § 1210.555)
A. The State Board of Career and Technology Education is authorized to assist, and, if funds including but not limited to stated appropriations are available, or if private or corporate donations or other sources are matched in pilot projects, to make grants to, local boards of education for the establishment of pilot projects that would aid in the providing of technology education to middle school students. Funding may cover the cost of equipment, books and materials, and the start-up costs of developing the technology education program. Projects may involve entire districts, combinations of districts, combinations of schools, or elements of schools individually or in combination.
B. If funds are available on or before March 31, 1993, the State Board of Career and Technology Education shall determine pilot project criteria, and by July 1, 1993, solicit proposals, and establish a process for the consideration of proposals. Such proposals for pilot projects shall be considered on a statewide competitive basis.
C. The State Board of Career and Technology Education is authorized to promulgate rules for the operation of such projects and to grant exceptions to rules for districts selected to operate such projects. The State Board of Career and Technology Education shall have the authority to require termination of a pilot project or its continuation at any time that it finds such termination to be in the best interests of the students involved.
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Section 851.1. Internet Homework Tutoring Chatrooms. (70 O.S. § 1210.556)
A. The State Board of Education shall solicit proposals for, and if funds are available, make grants to local boards of education for the establishment of pilot projects that would aid in the development of Internet homework tutoring chatrooms. The proposals for the Internet chatrooms shall create a mechanism that will allow students to contact and interact with teachers or other professionals when they are not at school, when the student needs assistance with courses or homework. Funding may cover the cost of equipment, materials, personnel, and any other start up costs of developing the Internet chatrooms. Projects may involve entire districts, combinations of districts, combinations of schools, or elements of schools individually or in combination.
B. The State Board of Education shall determine pilot project criteria and establish a process for the consideration of proposals. Such proposals for pilot projects shall be considered on a statewide competitive basis. The Board is authorized to promulgate rules for the operation of such projects.
Section 851.2. Develop and Implement a School Testing Assistance Internet Web Page. (70 O.S. § 1210.557)
A. By January 1, 2000, the State Board of Education shall, if funds are available, develop and implement a school testing assistance Internet web page. The purpose of the web page shall be to help students prepare for tests required under the Oklahoma School Testing Program Act and to provide remediation assistance to those students who do not perform satisfactorily on such tests. The web page shall contain information, materials, and example questions which may be used by teachers, students and parents to assist students in preparing for the required tests. The web page shall also identify the most difficult concepts incorporated in the tests and provide specific information, material and example questions which will assist students in those areas.
B. The Board shall notify schools and take steps to inform students and parents about the school testing assistance Internet web page. The Board is authorized to promulgate rules for the operation of the web page.
Section 851.3. Middle School Math Labs. (70 O.S. § 1210.558)
A. Beginning with the 2005-2006 school year, and each year thereafter, the State Board of Education shall identify public schools with low student achievement in mathematics at the middle school level, subject to a limit of one school selected per school district each year. Each school selected shall be provided a middle school mathematics laboratory which includes a complete education software and hardware system that delivers standards-based, prealgebra and algebra content using an interactive computer education teaching system for middle school level students. No school shall be eligible to receive a mathematics laboratory more than once. The number of schools selected each year shall be determined based on the total amount of funds available and the number of computers necessary for a class of students at each qualifying school site.
B. The State Board of Education shall select a vendor on a competitive bid basis to provide the middle school mathematics laboratory as described in this section. The contract shall include all equipment, software, training, and maintenance. The vendor selected shall utilize a curriculum that meets the guidelines for scientifically based research as determined by the United States Department of Education and aligns with the Priority Academic Student Skills as adopted by the State Board of Education.
C. The State Board of Education shall develop eligibility criteria for schools to qualify for a mathematics laboratory pursuant to this section, annually evaluate and report to the Legislature and Governor on the effectiveness of this program, and adopt rules to implement the provisions of this section.
Section 852. Project Review - Evaluation - Report to Legislature. (70 O.S. § 1210.591)
The State Board of Education shall establish a project review and evaluation process and shall make an annual report to the Legislature analyzing and evaluating all pilot projects in operation. Said report shall be furnished to the President Pro Tempore of the Senate and the Speaker of the House of Representatives not later than the tenth legislature day of each legislative session.
Section 853. Student Tours of Correctional Institutions. (70 O.S. § 1210.231)
A. It is the intent of the Legislature that children residing in this state understand the seriousness of conviction for criminal behavior and the resulting punishment. The purpose of visits to correctional institutions provided for herein shall be to demonstrate to pupils the harmful effects of incarceration on the life of an inmate.
B. Public school districts may provide for at least one visit per school year for pupils in the eighth grade or a higher grade to a state correctional institution. Transportation shall be provided pursuant to Section 9-108 of Title 70 of the Oklahoma Statutes. The State Department of Education shall promulgate rules to implement the provisions of this section.
Section 854. Cancellation of Tours When Security Risk Exists. (70 O.S. § 1210.232)
The Department of Corrections shall provide for the safe conduct of tours of state correctional institutions that are organized pursuant to Section 71 of this act. The Department may prohibit, delay or cancel tours if it finds that a security risk exists at the scheduled institution.
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