SECTION 210:40-87-7. Charter school contracts

(a)   Contract requirement. The sponsor of a charter school must enter into a written contract with the governing body of the charter school. The initial contract for sponsorship shall be for a period of five (5) years. The contract must meet all statutory requirements listed in 70 O.S. § 3-135(A). A charter contract may provide for one or more schools by the same applicant, to the extent approved by the sponsor and consistent with applicable law. An applicant or the governing board of an applicant may hold one or more charter contracts. Each charter school that is part of a charter contract shall be separate and distinct from any other charter school under the same charter contract, and the sponsor shall evaluate each charter school's performance separately.

(b)   Written procedure for consideration, approval, and disapproval. Sponsors shall establish a written procedure and criteria for accepting, approving, and disapproving charter school applications in accordance with 70 O.S. § 3-134(E). A copy of this procedure and criteria shall be made available on request to charter school applicants, potential applicants, and members of the public.

(c)   Performance provisions. Each charter contract shall contain performance provisions based on a performance framework that sets forth the academic and operational performance indicators, measures, and metrics that will guide the sponsor's evaluations of the charter school. The sponsor shall not request any metric or data from a charter school that it does not produce or publish for all school sites in the district or under its sponsorship, unless the metric or data is unique to the charter school. To avoid duplication of administrative efforts, the sponsor shall require that data submitted under the performance provisions must be submitted by the charter school in the exact format required for submission of data to the Oklahoma State Department of Education (OSDE). Alternately, a sponsor may allow a charter school to provide permission to OSDE to share data required by the performance framework with the sponsor of the school. The performance framework must include measures that indicate, at a minimum:

(1)   Student academic proficiency;

(2)   Student academic growth;

(3)   Achievement gaps in both proficiency and growth among major student subgroups;

(4)   Student attendance;

(5)   Recurrent enrollment from year to year as determined by the methodology used for public schools in Oklahoma;

(6)   In the case of high schools, graduation rates as determined by the methodology used for public schools in Oklahoma;

(7)   In the case of high schools, postsecondary readiness;

(8)   Financial performance and sustainability; and

(9)   Governing board performance and stewardship, including compliance with all applicable laws, regulations, and terms of the charter contract.

(d)   Copies of all modified contracts to be sent to State Department of Education. A charter school must provide the OSDE Office of Accreditation with a copy of any modified contract within thirty (30) calendar days of execution. The requirement to send a copy of any modified charter contract to the OSDE Office of Accreditation applies to any change in terms, not only to changes that could potentially affect state funding.

(e)   Contracts for charter schools sponsored by the State Board of Education. Contracts for sponsorship between the State Board of Education and the governing body of a charter school sponsored pursuant to a successful appeal authorized under 70 O.S. § 3-132(A)(9) shall include terms that meet all of the following requirements:

(1)   The contract shall incorporate the provisions of the charter of the school in accordance with the requirements of 70 O.S. § 3-135, and the charter shall comply with the provisions of 70 O.S. § 3-136.

(2)   The contract shall contain terms addressing all of the requirements set forth in 70 O.S. § 3-135.

(3)   The contract shall contain terms setting forth measurable goals and objectives for student performance.

(4)   The contract shall contain terms specifying standards for fiscal accounting and management that ensure the compliance of the charter school with all applicable provisions of state and federal statutes and regulations pertaining to requests for appropriations and recording and reporting receipt and expenditures of public funds, including, but not limited to:

(A)   Terms providing that the charter school shall conduct annual financial audits in accordance with the requirements of the Oklahoma Public School Audit Law;

(B)   Terms providing that the charter school shall comply with all State Department of Education deadlines necessary for budgeting, calculation of appropriations and/or disbursements of state aid and/or federal aid;

(C)   Terms providing that the charter school shall comply with all deadlines for recording and reporting of state aid revenue and expenditures;

(D)   Terms providing that the charter school shall comply with all requirements of the Oklahoma Cost Accounting System (OCAS);

(E)   Terms providing that the charter school shall comply with all provisions of the School District Transparency Act at 70 O.S. § 5-135.4;

(F)   Terms providing that the charter school will provide any and all records of the school including, but not limited to, financial records upon request by the sponsor;

(G)   Terms providing that the charter school will provide any and all school records including, but not limited to, financial records from education service providers upon request by the sponsor;

(H)   Terms providing that the school is subject to requests for audit by the State Auditor's office;

(I)   Terms providing that the charter school shall adopt a viable conflict of interest policy and a code of ethics;

(J)   Terms providing that the charter school submit at least three data-driven goals and measurement criteria, including one non-academic goal, and included in the Performance Framework.

(5)   The policies and procedures governing administration and operation of the charter school shall be incorporated into the terms of the contract.

(6)   The term of the initial contract shall be effective for five (5) years from the first day of operation in accordance with the provisions of 70 O.S. § 3-137. 3

(7)   The term of the contract shall designate at least one contact name and address of record of the governing body of the charter school to which all notices required by the terms of the contract and/or this Section shall be served, including the name, title, mailing address, email address, and phone number of all individual(s) authorized to receive service of notices required by this Section and pursuant to the terms of the contract.

(8)   The contract shall contain any other terms necessary to ensure compliance with applicable provisions of state and/or federal law.

[Source: Added at 33 Ok Reg 733, eff 8-25-16; Amended at 37 Ok Reg 1217, eff 9-11-20]