{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-3-137","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-3-137","heading":"Duration of contract - Performance report – Renewal –","body":"Termination - School closure.\n\nA. An initial contract between a charter school or virtual\n\ncharter school and its sponsor approved on or after July 1, 2024,\n\nshall be effective for five (5) years from the first day of\n\noperation. After completing an initial five-year term, a charter\n\ncontract may be renewed for up to ten-year terms of duration,\n\nalthough the sponsor may vary the term based on the performance,\n\ndemonstrated capacities, and particular circumstances of each\n\ncharter school or virtual charter school. A sponsor may grant\n\nrenewal with specific conditions for necessary improvements to a\n\ncharter school or virtual charter school.\n\nB. Prior to the beginning of the final year of the contract\n\nterm of a charter school or virtual charter school, the sponsor\n\nshall issue a performance report and charter renewal application\n\nguidance to the charter school and its governing board or the\n\nvirtual charter school and its governing board. The performance\n\nreport shall summarize the performance record to date of the charter\n\nschool or virtual charter school based on the data required by the\n\nOklahoma Charter Schools Act, the annual performance framework\n\nevaluation, a review of the contract with an educational management\n\norganization if the charter school or virtual charter school\n\ncontracts with an educational management organization, and the\n\ncharter contract. The performance review shall take into\n\nconsideration the percentage of at-risk students enrolled in the\n\ncharter school or virtual charter school. The performance report\n\nshall provide notice of any weaknesses, concerns, violations, or\n\ndeficiencies perceived by the sponsor concerning the charter school\n\nor virtual charter school that may jeopardize its position in\n\nseeking renewal if not timely rectified. If there are weaknesses,\n\nconcerns, violations, or deficiencies the sponsor may require a\n\ncharter school or virtual charter school to develop a corrective\n\naction plan and corresponding timeline to remedy any weaknesses,\n\nconcerns, violations, or deficiencies. If the sponsor requires a\n\ncorrective action plan, the charter school or virtual charter school\n\nshall have forty-five (45) days to respond to the performance report\n\nand submit any corrections or clarifications for the report. If the\n\ncharter school or virtual charter school does not substantially\n\ncomplete the corrective action plan, the sponsor may choose to\n\nrevoke or not renew the charter contract pursuant to the\n\nrequirements of this section.\n\nC. 1. Prior to the beginning of the final year of a charter\n\ncontract term, the charter school or virtual charter school may\n\napply for renewal of the contract with the sponsor including the\n\nStatewide Charter School Board. The renewal application guidance\n\nshall, at a minimum, provide an opportunity for the charter school\n\nor virtual charter school to:\n\na. present additional evidence, beyond the data contained\n\nin the performance report, supporting its case for\n\ncharter renewal,\n\nb. describe improvements undertaken or planned for the\n\nschool, and\n\nc. detail the plan for the next charter term for the\n\nschool.\n\n2. The renewal application guidance shall include or refer\n\nexplicitly to the criteria that will guide the renewal decisions of\n\nthe sponsor, which shall be based on the performance framework set\n\nforth in the charter contract and consistent with the Oklahoma\n\nCharter Schools Act.\n\nD. The sponsor may deny the request for renewal if it\n\ndetermines the charter school or virtual charter school has failed\n\nto complete the obligations of the contract or comply with the\n\nprovisions of the Oklahoma Charter Schools Act. A sponsor shall\n\ngive written notice of its intent to deny the request for renewal at\n\nleast eight (8) months prior to expiration of the contract. In\n\nmaking charter renewal decisions, a sponsor shall:\n\n1. Ground decisions on evidence of the performance of the\ncharter school has failed\n\nto complete the obligations of the contract or comply with the\n\nprovisions of the Oklahoma Charter Schools Act. A sponsor shall\n\ngive written notice of its intent to deny the request for renewal at\n\nleast eight (8) months prior to expiration of the contract. In\n\nmaking charter renewal decisions, a sponsor shall:\n\n1. Ground decisions on evidence of the performance of the\n\ncharter school or virtual charter school over the term of the\n\ncharter contract in accordance with the performance framework set\n\nforth in the charter contract and shall take into consideration the\n\npercentage of at-risk students enrolled in the school;\n\n2. Grant renewal to charter schools or virtual charter schools\n\nthat have achieved the standards, targets, and performance\n\nexpectations as stated in the charter contract and are\n\norganizationally and fiscally viable and have been faithful to the\n\nterms of the contract and applicable law;\n\n3. Ensure that data used in making renewal decisions are\n\navailable to the school and the public; and\n\n4. Provide a public report summarizing the evidence used as the\n\nbasis for each decision.\n\nE. If the Statewide Charter School Board denies a request for\n\nrenewal, the Board may, if requested by the charter school or\n\nvirtual charter school, proceed to binding arbitration as provided\n\nfor in subsection G of Section 3-134 of this title.\n\nF. A sponsor may terminate a contract during the term of the\n\ncontract for failure to meet the requirements for student\n\nperformance contained in the contract and performance framework,\n\nfailure to meet the standards of fiscal management, violations of\n\nthe law, or other good cause. The sponsor shall give at least\n\nninety (90) days’ written notice to the governing board of the\n\ncharter school or virtual charter school prior to terminating the\n\ncontract. The governing board may request, in writing, an informal\n\nhearing before the sponsor within fourteen (14) days of receiving\n\nnotice. The sponsor shall conduct an informal hearing before taking\n\naction.\n\nG. Beginning July 1, 2024, and subject to the provisions of\n\nthis section, a charter school sponsor authorized by subsection A of\n\nSection 3-132 of this title with a charter contract that includes\n\nmore than one charter school site may terminate or not renew a\n\ncharter school contract for a specific charter school site.\n\nH. 1. Beginning in the 2016-2017 school year, the State Board\n\nof Education shall identify charter schools and virtual charter\n\nschools in the state that are ranked in the bottom five percent (5%)\n\nof all public schools as determined pursuant to Section 1210.545 of\n\nthis title.\n\n2. At the time of its charter renewal, based on an average of\n\nthe current year and the two (2) prior operating years, a sponsor\n\nmay close a charter school site or virtual charter school identified\n\nas being among the bottom five percent (5%) of public schools in the\n\nstate. The average of the current year and two (2) prior operating\n\nyears shall be calculated by using the percentage ranking for each\n\nyear divided by three, as determined by this subsection.\n\n3. If there is a change to the calculation described in Section\n\n1210.545 of this title that results in a charter school site or\n\nvirtual charter school that was not ranked in the bottom five\n\npercent (5%) being ranked in the bottom five percent (5%), then the\n\nsponsor shall use the higher of the two rankings to calculate the\n\nranking of the charter school site or virtual charter school.\n\n4. a A charter school or virtual charter school that is\n\nclosed by its sponsor pursuant to this subsection\n\nshall not be granted a subsequent charter contract.\n\n5. The requirements of this subsection shall not apply to a\n\ncharter school or virtual charter school that has been designated by\n\nthe State Department of Education as implementing an alternative\n\neducation program.\nvirtual charter school that is\n\nclosed by its sponsor pursuant to this subsection\n\nshall not be granted a subsequent charter contract.\n\n5. The requirements of this subsection shall not apply to a\n\ncharter school or virtual charter school that has been designated by\n\nthe State Department of Education as implementing an alternative\n\neducation program.\n\n6. In making a charter school site or virtual charter school\n\nclosure decision, the sponsor shall consider the following:\n\na. enrollment of students with special challenges such as\n\ndrug or alcohol addiction, prior withdrawal from\n\nschool, prior incarceration, or other special\n\ncircumstances,\n\nb. high mobility of the student population resulting from\n\nthe specific purpose of the charter school or virtual\n\ncharter school,\n\nc. annual improvement in the performance of students\n\nenrolled in the charter school or virtual charter\n\nschool compared with the performance of students\n\nenrolled in the charter school or virtual charter\n\nschool in the immediately preceding school year, and\n\nd. whether a majority of students attending the charter\n\nschool or virtual charter school under consideration\n\nfor closure would likely revert to attending public\n\nschools with lower academic achievement, as\n\ndemonstrated pursuant to Section 1210.545 of this\n\ntitle.\n\n7. If at least twenty-five percent (25%) of the charter schools\n\nchartered by one sponsor are closed within a five-year period\n\npursuant to this subsection, the authority of the sponsor to sponsor\n\nnew charter schools may be suspended by the Statewide Charter School\n\nBoard until the Board approves the sponsor to sponsor new charter\n\nschools. A determination made pursuant to this paragraph shall\n\nidentify the deficiencies that, if corrected, will result in the\n\napproval of the sponsor to sponsor new charter schools.\n\nI. If a sponsor terminates a contract or the charter school or\n\nvirtual charter school is closed, the closure shall be conducted in\n\naccordance with the following protocol:\n\n1. Within two (2) calendar weeks of a final closure\n\ndetermination, the sponsor shall meet with the governing board and\n\nleadership of the charter school or virtual charter school to\n\nestablish a transition team composed of school staff, applicant\n\nstaff, and others designated by the applicant that will attend to\n\nthe closure including the transfer of students, student records, and\n\nschool funds;\n\n2. The sponsor and transition team shall communicate regularly\n\nand effectively with families of students enrolled in the charter\n\nschool or virtual charter school, as well as with school staff and\n\nother stakeholders, to keep them apprised of key information\n\nregarding the closure of the school and their options and risks;\n\n3. The sponsor and transition team shall ensure that current\n\ninstruction of students enrolled in the charter school or virtual\n\ncharter school continues per the charter contract for the remainder\n\nof the school year;\n\n4. The sponsor and transition team shall ensure that all\n\nnecessary and prudent notifications are issued to agencies,\n\nemployees, insurers, contractors, creditors, debtors, and management\n\norganizations; and\n\n5. The governing board of the charter school or virtual charter\n\nschool shall continue to meet as necessary to take actions needed to\n\nwind down school operations, manage school finances, allocate\n\nresources, and facilitate all aspects of closure.\n\nJ. A sponsor including the Statewide Charter School Board shall\n\ndevelop revocation and nonrenewal processes that are consistent with\n\nthe Oklahoma Charter Schools Act and that:\n\n1. Provide the charter school or virtual charter school with a\n\ntimely notification of the prospect of revocation or nonrenewal and\n\nof the reasons for possible closure;\n\n2. Allow the charter school or virtual charter school a\n\nreasonable amount of time in which to prepare a response;\ndevelop revocation and nonrenewal processes that are consistent with\n\nthe Oklahoma Charter Schools Act and that:\n\n1. Provide the charter school or virtual charter school with a\n\ntimely notification of the prospect of revocation or nonrenewal and\n\nof the reasons for possible closure;\n\n2. Allow the charter school or virtual charter school a\n\nreasonable amount of time in which to prepare a response;\n\n3. Provide the charter school or virtual charter school with an\n\nopportunity to submit documents and give testimony in a public\n\nhearing challenging the rationale for closure and in support of the\n\ncontinuation of the school at an orderly proceeding held for that\n\npurpose and prior to taking any final nonrenewal or revocation\n\ndecision related to the school;\n\n4. Allow the charter school or virtual charter school access to\n\nrepresentation by counsel to call witnesses on its behalf;\n\n5. Permit the recording of the proceedings; and\n\n6. After a reasonable period for deliberation, require a final\n\ndetermination be made and conveyed in writing to the charter school\n\nor virtual charter school.\n\nK. If a sponsor revokes or does not renew a charter contract,\n\nthe sponsor shall clearly state in a resolution the reasons for the\n\nrevocation or nonrenewal. If a charter is revoked or nonrenewed,\n\nthe charter school or virtual charter school shall disclose the\n\nrevocation or nonrenewal in any subsequent application.\n\nL. If a charter contract is not renewed, the governing board of\n\nthe charter school may submit an application to a proposed new\n\nsponsor as provided for in Section 3-134 of this title.\n\nM. If a charter contract is not renewed or is terminated\n\naccording to this section, a student who attended the charter school\n\nor virtual charter school may enroll in the resident school district\n\nof the student or may apply for a transfer in accordance with the\n\nEducation Open Transfer Act.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1f668f759aca2db17d1fdf01c88b6ec00a270a992f8ba9f76b1e37adc2182b2b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-3-136","next":"us-ok/okla.-stat.-tit.-70-70-3-138"},"notice":"GroundRules: Original legal text. Not legal advice."}