Okla. Stat. tit. 70, § 70-3-104.4

Oklahoma Statutes - Title 70. Schools Page 131

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 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 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.

2. The accreditation standards shall provide for deficiencies,

warnings, probation or nonaccredited status for schools that fail to

meet one or more of the 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 State Department of Education

determines that a school has failed to comply with the accreditation

standards, the Department shall report the recommended deficiency,

warning, probation or nonaccredited accreditation status to the

State Board of Education within ninety (90) days. Before the State

Board of Education may change a school district's accreditation

status from a warning to probation, or from probation to non-

accredited based on a recommendation by the State Department of

Education as described in this paragraph, the school district shall

be given an opportunity to request a hearing before the State Board

of Education pursuant to the due process procedures adopted by the

Board as provided for in this subsection. The State Board of

Oklahoma Statutes - Title 70. Schools Page 132

Education shall send the applicable school district notice of a

right to a hearing within ten (10) working days of receiving the

recommendations. The hearing shall be conducted by the State Board

of Education. All notices shall be sent by certified mail, with the

postmark used to determine the timeliness of the notice. If the

school district fails to request a hearing within ten (10) working

days of receipt of such notice, the district's right to a hearing

shall be waived.

4. If a school district does not request a due process hearing

within ten (10) working days notice from the Board, and the school

or school district 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.

5. The State Board of Education shall promulgate rules

regarding notice and hearing of accreditation status pursuant to
g

within ten (10) working days notice from the Board, and the school

or school district 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.

5. The State Board of Education shall promulgate rules

regarding notice and hearing of accreditation status pursuant to

this section and in accordance with the Administrative Procedures

Act.

6. The State Board of Education accreditation 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.

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 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

Oklahoma Statutes - Title 70. Schools Page 133

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

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 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
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 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

the financial support of public schools including funds apportioned

pursuant to Section 426 of 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.

Oklahoma Statutes - Title 70. Schools Page 134

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

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.

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.