Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB13 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 13 By: Stanley of the Senate
7	37
8	38		and
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10	40		Baker, Davis and Waldron of
11	41		the House
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16	47		An Act relating to teachers; amending 70 O .S. 2011,
17	48		Section 6-101, as last amended by Section 2, Chapter
18	49		49, O.S.L. 2020 (70 O.S. Supp. 2020, Section 6-101),
19	50		which relates to teacher contracts; requiring that a
20	51		teacher whose certificate has been suspended to be
21	52		placed on suspension while certain p roceedings are
22	53		pending; clarifying that certain action does not
23	54		preclude initiation of certain due process
24	55		procedures; updating statutory language; providing an
25	56		effective date; and declaring an emergency.
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30		-	SUBJECT: Teachers
31		-
32	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
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34	62		SECTION 1. AMENDATORY 70 O.S. 2011, Section 6 -101, as
35	63		last amended by Section 2, Chapter 49, O.S.L. 2020 (70 O.S. Supp.
36	64		2020, Section 6-101), is amended to read as follows:
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38	65		Section 6-101. A. Except as provided in subsecti on E of this
39	66		section, no person shall be permitted to teach in any school
40	67		district of the state without a written contract, except as provided
41	68		herein for substitute teachers and except teachers of classes in
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42	96		adult education. Except as provided in subsecti on J of this
43	97		section, the board of education of each school district, wherein
44	98		school is expected to be conducted for the ensuing year, shall
45	99		employ and contract in writing with qualified teachers for and in
46	100		the name of the district. One copy of the contra ct shall be filed
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48		-	ENR. S. B. NO. 13 Page 2
49	101		with the clerk of the board of education and one copy shall be
50	102		retained by the teacher.
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52	103		B. Except as otherwise provided by subsections J and K of this
53	104		section and any other law, no board of education shall have
54	105		authority to enter into an y written contract with a teacher who does
55	106		not hold an Oklahoma criminal history record check as required by
56	107		Section 6-190 of this title and who does not hold a valid
57	108		certificate issued or recognized by the State Board of Education
58	109		authorizing said the teacher to teach the grades or subject matter
59	110		for which the teacher is employed. Any board of education paying or
60	111		authorizing the payment of the salary of any teacher not holding a
61	112		certificate, as required herein, shall be adjudged to be guilty of a
62	113		fraudulent expenditure of public funds and members voting for such
63	114		payment shall be held jointly responsible for the return of the
64	115		amount of any public monies thus expended, upon suit brought by the
65	116		district attorney or by any interested citizen in the district wh ere
66	117		such funds have been expended.
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68	118		C. It shall be the duty of the superintendent of schools under
69	119		whose supervision teachers have been contracted to teach to certify
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70	147		to the treasurer of the contracting district the names of the
71	148		teachers holding valid cert ificates and student teachers with whom
72	149		contracts have been made and the names of substitute teachers
73	150		employed in accordance with law. The treasurer shall not register
74	151		any warrant issued in payment of salary to any teacher whose name is
75	152		not included in such list and shall be liable on the official bond
76	153		for the treasurer for the amount of any warrant registered in
77	154		violation of the provisions of this section.
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79	155		D. Whenever any person shall enter into a contract with any
80	156		school district in Oklahoma to teach in such school district the
81	157		contract shall be binding on the teacher and on the board of
82	158		education until the teacher legally has been discharged from the
83	159		teaching position or released by the board of education from the
84	160		contract. Except as provided in Sectio n 5-106A of this title, until
85	161		such teacher has been thus discharged or released, the teacher shall
86	162		not have authority to enter into a contract with any other board of
87	163		education in Oklahoma for the same time covered by the original
88	164		contract. If upon writte n complaint by the board of education in a
89	165		district any teacher is reported to have failed to obey the terms of
90	166		the contract previously made and to have entered into a contract
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92		-	ENR. S. B. NO. 13 Page 3
93	167		with another board of education without having been released from
94	168		the former contract except as provided in Section 5 -106A of this
95	169		title, the teacher, upon being found guilty of such charge at a
96	170		hearing held before the State Board of Education, shall have such
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97	198		teacher’s certificate suspended for the remainder of the term for
98	199		which the contract was made.
99		-
100	200		E. A board of education shall have authority to enter into
101	201		written contracts with teachers for the ensuing fiscal year prior to
102	202		the beginning of such year. If, prior to the first Monday in June,
103	203		a board of education has not entered i nto a written contract with a
104	204		regularly employed teacher or notified the teacher in writing by
105	205		registered or certified mail that a recommendation has been made not
106	206		to reemploy the teacher for the ensuing fiscal year, and if, by
107	207		fifteen (15) days after the first Monday in June, such teacher has
108	208		not notified the board of education in writing by registered or
109	209		certified mail that such teacher does not desire to be reemployed in
110	210		such school district for the ensuing year, such teacher shall be
111	211		considered as employed on a continuing contract basis and on the
112	212		same salary schedule used for other teachers in the school district
113	213		for the ensuing fiscal year, and such employment and continuing
114	214		contract shall be binding on the teacher and on the school district.
115		-
116	215		F. Whenever a school district is engaged in contract
117	216		negotiations with teachers employed by that school district after
118	217		the school year has begun and the teachers are employed on a
119	218		continuing contract basis, the school district shall, beginning at
120	219		the first of the school year, pay the teachers any state -mandated
121	220		salary increases and salary schedule increases to which each teacher
122	221		is otherwise entitled.
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124	249		G. No school district or any member of the board of education
125	250		of a district shall be liable for the payment of com pensation to a
126	251		teacher or administrator under the provisions of any contract for
127	252		the ensuing year, if it becomes necessary to close the school
128	253		because of insufficient attendance, disorganization, annexation,
129	254		consolidation, or by dispensing with the school according to law,
130	255		provided, such cause is known or action is taken prior to July 1 of
131	256		such ensuing year.
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133	257		H. No school district or any member of a board of education
134	258		shall be liable for the payment of compensation to any teacher or
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136		-	ENR. S. B. NO. 13 Page 4
137	259		administrator for the un expired term of any contract if the school
138	260		building to which the teacher or administrator has been assigned is
139	261		destroyed by accident, storm, fire, or otherwise and it becomes
140	262		necessary to close the school because of inability to secure a
141	263		suitable building or buildings for continuation of school. Teachers
142	264		and administrators shall be entitled to pay for any time lost when
143	265		school is closed on account of epidemics or otherwise when an order
144	266		for such closing has been issued by a health officer authorized by
145	267		law to issue the order.
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147	268		I. A teacher may contract with more than one school district
148	269		for the same school year as provided in Section 5 -106A of this
149	270		title.
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151	271		J. A board of education shall have authority to enter into
152	272		written contracts for the ensuing fiscal ye ar prior to the beginning
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153	300		of the year with persons who are not certified to teach by the State
154	301		Board of Education as long as the person is actively in the process
155	302		of securing certification. The person shall not be allowed to teach
156	303		in a classroom until the person has met or completed all of the
157	304		requirements for certification as provided for in Section 6 -190 of
158	305		this title. If the person has not obtained valid certification by
159	306		the first day of the ensuing school year, the contract shall be
160	307		terminated.
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162	308		K. A board of education of a school district shall have the
163	309		authority to enter into written contracts for employment for the
164	310		ensuing fiscal year with persons who are student teachers as defined
165	311		in Section 1-116 of this title while such persons are still student
166	312		teachers. A student teacher shall not be allowed to teach in a
167	313		classroom during the ensuing fiscal year until meeting or completing
168	314		all of the requirements for certification as provided for in Section
169	315		6-190 of this title. If the student teacher has not obtained valid
170	316		certification by the first day of the ensuing school year, the
171	317		contract shall be terminated. A board of education of a school
172	318		district shall have the authority to commit to payment of a stipend
173	319		or signing bonus to a student teacher as defin ed in Section 1-116 of
174	320		this title while that person is still a student teacher, if that
175	321		person has entered into a written contract for employment for the
176	322		ensuing fiscal year. A board of education shall make any such
177	323		student teacher stipend or signing bonu s conditional on such person
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178	351		fulfilling the first year of his or her contract for the ensuing
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181	352		fiscal year. Any stipend or signing bonus paid under the terms of
182	353		this subsection shall not be considered compensation for purposes of
183	354		teacher retirement or the minimum salary schedule.
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185	355		L. A teacher whose certificate was suspended by the State Board
186	356		of Education pursuant to Section 3 -104 of this title and Sections
187	357		314 and 314.1 of Title 75 of the Oklahoma Statutes shall be placed
188	358		on suspension pursuant to the pro visions of Section 6 -101.29 of this
189	359		title while proceedings for revocation or other action are pending
190	360		before the State Board of Education. The provisions of this
191	361		subsection shall not preclude the initiation of due process
192	362		procedures in accordance with Se ction 6-101.20 et. seq of this
193	363		title.
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195	364		SECTION 2. This act shall become effective July 1, 2021.
196		-
197	365		SECTION 3. It being immediately necessary for the preservation
198	366		of the public peace, health or safety, an emergency is hereby
199	367		declared to exist, by reason whereof this act shall take effect and
200	368		be in full force from and after its passage and approval.
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204		-	Passed the Senate the 1st day of March, 2021.
205		-
206		-
207		-
208		-	Presiding Officer of the Senate
209		-
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211		-	Passed the House of Representatives the 22nd day of April, 2021.
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215		-	Presiding Officer of the House
216		-	of Representatives
217		-
218		-	OFFICE OF THE GOVERNOR
219		-	Received by the Office of the Governor this _______ _____________
220		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
221		-	By: _______________________________ __
222		-	Approved by the Governor of the State of Oklahoma this __ _______
223		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
224		-
225		-	_________________________________
226		-	Governor of the State of Oklahoma
227		-
228		-
229		-	OFFICE OF THE SECRETARY OF STATE
230		-	Received by the Office of the Secretary of State this _______ ___
231		-	day of __________________, 20 _______, at _______ o'clock _______ M.
232		-	By: _______________________________ __
	370	+	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/06/2021
	371	+	- DO PASS, As Coauthored.