Okla. Stat. tit. 70, § 70-3-137

Termination - School closure.

A. An initial contract between a charter school or virtual

charter school and its sponsor approved on or after July 1, 2024,

shall be effective for five (5) years from the first day of

operation. After completing an initial five-year term, a charter

contract may be renewed for up to ten-year terms of duration,

although the sponsor may vary the term based on the performance,

demonstrated capacities, and particular circumstances of each

charter school or virtual charter school. A sponsor may grant

renewal with specific conditions for necessary improvements to a

charter school or virtual charter school.

B. Prior to the beginning of the final year of the contract

term of a charter school or virtual charter school, the sponsor

shall issue a performance report and charter renewal application

guidance to the charter school and its governing board or the

virtual charter school and its governing board. The performance

report shall summarize the performance record to date of the charter

school or virtual charter school based on the data required by the

Oklahoma Charter Schools Act, the annual performance framework

evaluation, a review of the contract with an educational management

organization if the charter school or virtual charter school

contracts with an educational management organization, and the

charter contract. The performance review shall take into

consideration the percentage of at-risk students enrolled in the

charter school or virtual charter school. The performance report

shall provide notice of any weaknesses, concerns, violations, or

Oklahoma Statutes - Title 70. Schools Page 201

deficiencies perceived by the sponsor concerning the charter school

or virtual charter school that may jeopardize its position in

seeking renewal if not timely rectified. If there are weaknesses,

concerns, violations, or deficiencies the sponsor may require a

charter school or virtual charter school to develop a corrective

action plan and corresponding timeline to remedy any weaknesses,

concerns, violations, or deficiencies. If the sponsor requires a

corrective action plan, the charter school or virtual charter school

shall have forty-five (45) days to respond to the performance report

and submit any corrections or clarifications for the report. If the

charter school or virtual charter school does not substantially

complete the corrective action plan, the sponsor may choose to

revoke or not renew the charter contract pursuant to the

requirements of this section.

C. 1. Prior to the beginning of the final year of a charter

contract term, the charter school or virtual charter school may

apply for renewal of the contract with the sponsor including the

Statewide Charter School Board. The renewal application guidance

shall, at a minimum, provide an opportunity for the charter school

or virtual charter school to:

a. present additional evidence, beyond the data contained

in the performance report, supporting its case for

charter renewal,

b. describe improvements undertaken or planned for the

school, and

c. detail the plan for the next charter term for the

school.

2. The renewal application guidance shall include or refer

explicitly to the criteria that will guide the renewal decisions of

the sponsor, which shall be based on the performance framework set

forth in the charter contract and consistent with the Oklahoma

Charter Schools Act.

D. The sponsor may deny the request for renewal if it

determines the charter school or virtual charter school has failed

to complete the obligations of the contract or comply with the

provisions of the Oklahoma Charter Schools Act. A sponsor shall

give written notice of its intent to deny the request for renewal at

least eight (8) months prior to expiration of the contract. In

making charter renewal decisions, a sponsor shall:

1. Ground decisions on evidence of the performance of the
charter school has failed

to complete the obligations of the contract or comply with the

provisions of the Oklahoma Charter Schools Act. A sponsor shall

give written notice of its intent to deny the request for renewal at

least eight (8) months prior to expiration of the contract. In

making charter renewal decisions, a sponsor shall:

1. Ground decisions on evidence of the performance of the

charter school or virtual charter school over the term of the

charter contract in accordance with the performance framework set

forth in the charter contract and shall take into consideration the

percentage of at-risk students enrolled in the school;

2. Grant renewal to charter schools or virtual charter schools

that have achieved the standards, targets, and performance

expectations as stated in the charter contract and are

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organizationally and fiscally viable and have been faithful to the

terms of the contract and applicable law;

3. Ensure that data used in making renewal decisions are

available to the school and the public; and

4. Provide a public report summarizing the evidence used as the

basis for each decision.

E. If the Statewide Charter School Board denies a request for

renewal, the Board may, if requested by the charter school or

virtual charter school, proceed to binding arbitration as provided

for in subsection G of Section 3-134 of this title.

F. A sponsor may terminate a contract during the term of the

contract for failure to meet the requirements for student

performance contained in the contract and performance framework,

failure to meet the standards of fiscal management, violations of

the law, or other good cause. The sponsor shall give at least

ninety (90) days’ written notice to the governing board of the

charter school or virtual charter school prior to terminating the

contract. The governing board may request, in writing, an informal

hearing before the sponsor within fourteen (14) days of receiving

notice. The sponsor shall conduct an informal hearing before taking

action.

G. Beginning July 1, 2024, and subject to the provisions of

this section, a charter school sponsor authorized by subsection A of

Section 3-132 of this title with a charter contract that includes

more than one charter school site may terminate or not renew a

charter school contract for a specific charter school site.

H. 1. Beginning in the 2016-2017 school year, the State Board

of Education shall identify charter schools and virtual charter

schools in the state that are ranked in the bottom five percent (5%)

of all public schools as determined pursuant to Section 1210.545 of

this title.

2. At the time of its charter renewal, based on an average of

the current year and the two (2) prior operating years, a sponsor

may close a charter school site or virtual charter school identified

as being among the bottom five percent (5%) of public schools in the

state. The average of the current year and two (2) prior operating

years shall be calculated by using the percentage ranking for each

year divided by three, as determined by this subsection.

3. If there is a change to the calculation described in Section

1210.545 of this title that results in a charter school site or

virtual charter school that was not ranked in the bottom five

percent (5%) being ranked in the bottom five percent (5%), then the

sponsor shall use the higher of the two rankings to calculate the

ranking of the charter school site or virtual charter school.

4. a A charter school or virtual charter school that is

closed by its sponsor pursuant to this subsection

shall not be granted a subsequent charter contract.

Oklahoma Statutes - Title 70. Schools Page 203

5. The requirements of this subsection shall not apply to a

charter school or virtual charter school that has been designated by

the State Department of Education as implementing an alternative

education program.
virtual charter school that is

closed by its sponsor pursuant to this subsection

shall not be granted a subsequent charter contract.

Oklahoma Statutes - Title 70. Schools Page 203

5. The requirements of this subsection shall not apply to a

charter school or virtual charter school that has been designated by

the State Department of Education as implementing an alternative

education program.

6. In making a charter school site or virtual charter school

closure decision, the sponsor shall consider the following:

a. enrollment of students with special challenges such as

drug or alcohol addiction, prior withdrawal from

school, prior incarceration, or other special

circumstances,

b. high mobility of the student population resulting from

the specific purpose of the charter school or virtual

charter school,

c. annual improvement in the performance of students

enrolled in the charter school or virtual charter

school compared with the performance of students

enrolled in the charter school or virtual charter

school in the immediately preceding school year, and

d. whether a majority of students attending the charter

school or virtual charter school under consideration

for closure would likely revert to attending public

schools with lower academic achievement, as

demonstrated pursuant to Section 1210.545 of this

title.

7. If at least twenty-five percent (25%) of the charter schools

chartered by one sponsor are closed within a five-year period

pursuant to this subsection, the authority of the sponsor to sponsor

new charter schools may be suspended by the Statewide Charter School

Board until the Board approves the sponsor to sponsor new charter

schools. A determination made pursuant to this paragraph shall

identify the deficiencies that, if corrected, will result in the

approval of the sponsor to sponsor new charter schools.

I. If a sponsor terminates a contract or the charter school or

virtual charter school is closed, the closure shall be conducted in

accordance with the following protocol:

1. Within two (2) calendar weeks of a final closure

determination, the sponsor shall meet with the governing board and

leadership of the charter school or virtual charter school to

establish a transition team composed of school staff, applicant

staff, and others designated by the applicant that will attend to

the closure including the transfer of students, student records, and

school funds;

2. The sponsor and transition team shall communicate regularly

and effectively with families of students enrolled in the charter

school or virtual charter school, as well as with school staff and

other stakeholders, to keep them apprised of key information

regarding the closure of the school and their options and risks;

Oklahoma Statutes - Title 70. Schools Page 204

3. The sponsor and transition team shall ensure that current

instruction of students enrolled in the charter school or virtual

charter school continues per the charter contract for the remainder

of the school year;

4. The sponsor and transition team shall ensure that all

necessary and prudent notifications are issued to agencies,

employees, insurers, contractors, creditors, debtors, and management

organizations; and

5. The governing board of the charter school or virtual charter

school shall continue to meet as necessary to take actions needed to

wind down school operations, manage school finances, allocate

resources, and facilitate all aspects of closure.

J. A sponsor including the Statewide Charter School Board shall

develop revocation and nonrenewal processes that are consistent with

the Oklahoma Charter Schools Act and that:

1. Provide the charter school or virtual charter school with a

timely notification of the prospect of revocation or nonrenewal and

of the reasons for possible closure;

2. Allow the charter school or virtual charter school a

reasonable amount of time in which to prepare a response;
develop revocation and nonrenewal processes that are consistent with

the Oklahoma Charter Schools Act and that:

1. Provide the charter school or virtual charter school with a

timely notification of the prospect of revocation or nonrenewal and

of the reasons for possible closure;

2. Allow the charter school or virtual charter school a

reasonable amount of time in which to prepare a response;

3. Provide the charter school or virtual charter school with an

opportunity to submit documents and give testimony in a public

hearing challenging the rationale for closure and in support of the

continuation of the school at an orderly proceeding held for that

purpose and prior to taking any final nonrenewal or revocation

decision related to the school;

4. Allow the charter school or virtual charter school access to

representation by counsel to call witnesses on its behalf;

5. Permit the recording of the proceedings; and

6. After a reasonable period for deliberation, require a final

determination be made and conveyed in writing to the charter school

or virtual charter school.

K. If a sponsor revokes or does not renew a charter contract,

the sponsor shall clearly state in a resolution the reasons for the

revocation or nonrenewal. If a charter is revoked or nonrenewed,

the charter school or virtual charter school shall disclose the

revocation or nonrenewal in any subsequent application.

L. If a charter contract is not renewed, the governing board of

the charter school may submit an application to a proposed new

sponsor as provided for in Section 3-134 of this title.

M. If a charter contract is not renewed or is terminated

according to this section, a student who attended the charter school

or virtual charter school may enroll in the resident school district

of the student or may apply for a transfer in accordance with the

Education Open Transfer Act.