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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 13 By: Stanley
AS INTRODUCED
An Act relating to teachers; amending 70 O.S . 2011,
Section 6-101, as last amended by Section 2, Chapter
49, O.S.L. 2020 (70 O.S. Supp. 2020, Section 6-101),
which relates to teacher contracts; requiring that a
teacher whose certificate has been suspended to be
placed on suspension while c ertain proceedings are
pending; clarifying that certain action does not
preclude initiation of certain due process
procedures; updating statutory language; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 6-101, as
last amended by Section 2, Chapter 49, O.S.L. 2020 (70 O.S. Supp.
2020, Section 6-101), is amended to read as follows:
Section 6-101. A. Except as provided in subsection E of thi s
section, no person sha ll be permitted to teach in any school
district of the state without a written contract, except as provided
herein for substitute teachers and except teachers of classes in
adult education. Except as provided in subsection J of thi s
section, the board of education of each school district, wherein
school is expected to be conducted for the ensuing year, shall
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employ and contract in writing with qualified teachers for and in
the name of the district. One copy of the contract shall be filed
with the clerk of the board of education and one copy shall be
retained by the teacher.
B. Except as otherwise provided by subsections J and K of this
section and any other law, no board of education shall have
authority to enter into any written c ontract with a teacher w ho does
not hold an Oklahoma criminal history record check as required by
Section 6-190 of this title and who does not hold a valid
certificate issued or recognized by the Stat e Board of Education
authorizing said the teacher to teach the grades or subject matter
for which the teacher is employed. Any boar d of education paying or
authorizing the payment of the salary of a ny teacher not holding a
certificate, as required herein, shall be adjudged to be guilty of a
fraudulent expenditure of public funds and members voting for such
payment shall be held jointl y responsible for the return of the
amount of any public monies thu s expended, upon suit brought by the
district attorney or by any interested citizen in the district where
such funds have been expended.
C. It shall be the duty of the superintendent of sc hools under
whose supervision teachers have been contracted to teac h to certify
to the treasurer of the contracting district the names of the
teachers holding valid certificates an d student teachers with whom
contracts have been made and the names of subst itute teachers
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employed in accordance with law. The treasurer shal l not register
any warrant issued in payment of salary to any teacher whose name is
not included in such list and shall be liable on the official bond
for the treasurer for the amount of an y warrant registered in
violation of the provisions of this section .
D. Whenever any person shall enter into a contract wit h any
school district in Oklahoma to teach in such schoo l district the
contract shall be binding on the teacher and on the board of
education until the teacher legally has been discharged from the
teaching position or released by the board of education fro m the
contract. Except as provided in Section 5 -106A of this title, until
such teacher has been thus discharged or released, the te acher shall
not have authority to enter into a contract with any ot her board of
education in Oklahoma for the same time cove red by the original
contract. If upon written complaint by the board of educati on in a
district any teacher is reported to have fai led to obey the terms of
the contract previously made and to have e ntered into a contract
with another board of education wi thout having been released from
the former contract exce pt as provided in Sectio n 5-106A of this
title, the teacher, upon being foun d guilty of such charge at a
hearing held before the State Board of Education, shall have such
teacher’s certificate suspend ed for the remainder of the term for
which the contract was made.
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E. A board of education shall have authority to enter into
written contracts with teachers for the ensuing fiscal year prior to
the beginning of such year. If, prior to the first Monday in June,
a board of education has not entered into a writt en contract with a
regularly employed teacher or notified the teacher in wri ting by
registered or certified mail that a recommendation has been made not
to reemploy the teacher for the ensuing fiscal year, and if, by
fifteen (15) days after the first Monda y in June, such teacher has
not notified the board of education in writing b y registered or
certified mail that such teacher does not desire to be reemployed in
such school district for the ensuing ye ar, such teacher shall be
considered as employed on a co ntinuing contract basis and on the
same salary schedule used for other teach ers in the school district
for the ensuing fiscal year, and such em ployment and continuing
contract shall be binding on the teacher and on the school district.
F. Whenever a schoo l district is engaged in contract
negotiations with teachers employed by tha t school district after
the school year has begun and the teachers are employed on a
continuing contract basis, the school d istrict shall, beginning at
the first of the school year , pay the teachers any s tate-mandated
salary increases and salary schedule i ncreases to which each teacher
is otherwise entitled.
G. No school district or any member of the board of education
of a district shall be liable for the payment of compensation t o a
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teacher or administr ator under the provisions of any contract for
the ensuing year, if it becomes necessary to close the school
because of insufficient attendance, disorganization, annexation,
consolidation, or by dispensing with the school according t o law,
provided, such cause is known or action is taken prior to July 1 of
such ensuing year.
H. No school district or any member of a board o f education
shall be liable for the payment of compensati on to any teacher or
administrator for the unexpired ter m of any contract if the school
building to which the teacher or administrat or has been assigned is
destroyed by accident, storm, fire, or othe rwise and it becomes
necessary to close the school becaus e of inability to secure a
suitable building or building s for continuation of sc hool. Teachers
and administrators shall be entitled to pay for any time lost when
school is closed on account of epide mics or otherwise when an order
for such closing has been issued by a health officer authorized by
law to issue the order.
I. A teacher may contract with more than one school district
for the same school year as provided in Section 5 -106A of this
title.
J. A board of education shall have authority to enter int o
written contracts for the ensuing fiscal year prior to the beginning
of the year with persons who are not certified to teach by th e State
Board of Education as long as the person is actively in the process
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of securing certification. The person shall not be allowed to teach
in a classroom until the person has met or completed all of the
requirements for certification as provided for in Section 6-190 of
this title. If the person has not obtained val id certification by
the first day of the ensuing school y ear, the contract shall be
terminated.
K. A board of education of a school dist rict shall have the
authority to enter into written contracts for employment for the
ensuing fiscal year with persons w ho are student teachers as defined
in Section 1-116 of this title while such persons are still student
teachers. A student teacher shall not be allowed to teach in a
classroom during the e nsuing fiscal year until meeting or completing
all of the requireme nts for certification as provided for in Section
6-190 of this title. If the student teacher has not obtained va lid
certification by the first day of the ensuing school year, the
contract shall be terminated. A board of education of a school
district shall have the authority to commit to payment of a stipend
or signing bonus to a student teacher as defined in Secti on 1-116 of
this title while that person is still a student teacher, if that
person has entered into a written contract for employment for the
ensuing fiscal year. A board of education shall make any such
student teacher stipend or signing bonus condition al on such person
fulfilling the first year of his or her contract for the ensuing
fiscal year. Any stipend or signing bonus paid under the terms o f
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this subsection shall not be considered compensation fo r purposes of
teacher retirement or the minimum sal ary schedule.
L. A teacher whose certificate was suspended by the State Boa rd
of Education pursuant to Section 3 -104 of this title and Sections
314 and 314.1 of Title 75 of the Oklahoma Statutes shall be placed
on suspension pursuant to the provisions of Section 6-101.29 of this
title while proceedings for revocation or other act ion are pending
before the State Board of Education. The provisions of this
subsection shall not preclude the initiation of due process
procedures in accordance with Section 6 -101.20 et. seq of this
title.
SECTION 2. This act shall become effective July 1, 2021.
SECTION 3. 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 and approval.
58-1-72 EB 11/16/2020 10:33:00 AM