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SENATE FLOOR VERSION
April 12, 2022
ENGROSSED HOUSE
BILL NO. 4349 By: McCall and Randleman of the
House
and
Bullard of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 5-113, which relates to boards of education;
modifying size of school district for exemp tion from
prohibition on certain relati ves; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-113, is
amended to read as follows:
Section 5-113. A. Except as otherwise provided in this
section, no person shall be eligible to be a candidate for or serve
on a board of education if the person is currently employed by the
school district governed by that board of education or is related
within the second degree by affinity or consanguinity to any other
member of the board of education or to any employee of the school
district governed by the board of education. The purpose o f this
section is both to prohibit persons who are related within th e
second degree by affinity or consanguinity from serving
simultaneously on the same board of education of any school district
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of this state and to prohibit persons who are related within the
second degree of consanguinity or affinity to an employee of a
school district from serving on the board of education governing the
school district while such relative i s employed except as otherwise
provided in this section.
B. If the relationship is based on affinity, the prohibitions
in this section shall not apply to prevent members of boards of
education who are serving on September 1, 1995, from serving the
term for which they were elected or from serving successive terms
for which they may be el ected, unless it is the member's spouse who
is a member of the board of education or an employee of the school
district, then such prohibitions shall apply.
C. The prohibitions set forth in this section shall not apply
if:
1. The person related to the bo ard member within the second
degree of affinity or consanguinity is employed as a substitute
teacher by the school district pursuant to the provisions of Section
6-105 of this title or as a temporary substitute support employee if
the school district has a n Average Daily Membership (ADM) of less
than five thousand (5,000); or
2. The school district has an ADM of less than four hundred
(400) six hundred (600), the board of education has adopted a policy
providing for such candidate eligibility and the board member who is
related within the second degree by affinity or consa nguinity to any
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employee of the school district governed by the board of education
complies with the provisions of subsection E of Section 5 -113.1 of
this title.
D. Any member of a board of education who violates the
provisions of this section shall be subject to the penalties
prescribed by Sections 485 and 486 of Title 21 of the Oklahoma
Statutes.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
April 12, 2022 - DO PASS