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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 807 By: Kidd
AS INTRODUCED
An Act relating to school support employees ; amending
70 O.S. 2011, Section 6 -104, as amended by Section 1,
Chapter 21, O.S.L. 2017 (70 O.S . Supp. 2020, Section
6-104), which relates to benefits for teachers and
other school personnel ; directing that support
employees be entitled to pay for certain lost time;
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 -104, as
amended by Section 1, Chapter 21, O.S.L. 2017 (7 0 O.S. Supp. 2020,
Section 6-104), is amended to read as follows:
Section 6-104. A. 1. The board of education of each school
district in the state shall provide for sick leave for all teachers
employed in the district and shall pay such teachers the ful l amount
of their contract salarie s during any absence from their regular
school duties for a period of time and under such conditions as the
board may determine, but not less than the minimum benefits
hereafter specified. Payment for sick leave shall be made on the
basis of the current s alary rate then in effect for the teacher
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receiving the payment. The plan shall provide that a teacher may be
absent from his or her duties due to personal accidental injury,
illness or pregnancy, or accidental injury or illness in the
immediate family without the loss of salary for not to exceed ten
(10) days during each school year, except that said absence without
loss of salary for teachers employed on an eleven -month contract
shall not exceed eleven (11) days during e ach school year and for
those teachers employed on a twelve -month contract shall not exce ed
twelve (12) days during each school year, if said contract is for
the work period, and not merely for pay purposes. The right t o such
leave shall vest at the begin ning of the school year. Each sch ool
district shall provide for all teachers a minimum o f three (3) days
for personal business leave, upon the request of the teacher.
Salary deductions for such leave shall not exceed t he salary level
for substitute teach ers. Provided further, that these terms for
personal business leave shall not negate any locally negotiated
leave policies which exceed the minimum benefits stated above. Each
school district may provide not more than five (5) days each year
for emergency leave. Each school district wil l determine the
purposes for which emergency leave can be used. Those days shall
not be chargeable to sick leave and will be noncumulative. Unused
sick leave shall be cumulative up to a total of sixty (60) days, and
cumulative sick leave shall be transfe rable to another school
district or to the Oklahoma Sch ool for the Blind or the Oklahoma
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School for the Deaf where the teacher is employed the next
succeeding school year, provided that the number of days transferred
shall not exceed the maximum days permi tted by the receiving school
and that such transferred days shall be used first in case of
illness and, provided further, that if the receiving school pays
teachers for unused sick leave upon retirement or termination of
contract, then said payments shall be for only those days
accumulated in the receiving sch ool. The school board of the
sending district shall certify the exact number of days eligible for
transfer.
2. If a teacher is em ployed at the Oklahoma School for th e
Blind or the Oklahoma School for the Deaf after July 1, 2017, any
unused sick leave up to a total of sixty (60) days that is
accumulated at a school district prior to such date shall be
transferable.
B. The plan of each school district for sick leave be nefits may
include other terms and conditions, but shall not provide less sick
leave benefits than those prescribed herein. Hospital and medical
proceeds may not be charged against sick leave benefits, but the
proceeds received by the teacher from any ins urance provided by the
district for loss of compensable time may be charged against sick
leave benefits. Provided the board of education may provide all or
part of hospital and medical benefits, and sickness, accident,
health and life insurance or any of the aforesaid for any or all of
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its employees. On authorization of the teacher, the dist rict may
approve payroll deductions for such teacher 's portion of the
aforesaid.
C. Each school district shall grant a teacher lea ve for jury
service or as a witness subpoenaed in a criminal, civil or juvenile
proceeding and shall pay the teacher during s uch service the full,
current contract salary. Provided that the district may deduct any
compensation received for serving as a ju ror or witness from the
teacher's salary during such service.
D. 1. A school district shall also provide for benefits for
personnel other than teachers. Benefits for support personnel
employees shall include provisions for paid sick leave of at least
one (1) day per month of employment no t to exceed the number of
hours per day for which they are regularly employed cumulative to a
total of sixty (60) days and cumulative sick leave shall be
transferable to another school district where the person is employed
the next succeeding school year; provided, that the number of days
transferred shall not exceed the maximum days permitted by the
receiving district and that such transferred days shall be used
first in case of illness up to a maximum of ten (10) transferre d
days per school year unless th e local board of education authori zes
the use of additional transferred days during the s chool year in an
amount set by the board and, provided further, that if the receiving
district pays such person for unused sick leave u pon retirement or
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termination of employment, then said payments sh all be for only
those days accumulated in the receiving district. The school board
of the sending district shall certify the exact number of days
eligible for transfer. Each school distric t shall provide for all
support employees, a minimum of three (3) days for personal business
leave, upon the request of t he support employee. Salary deductions
for personal business leave shall not exceed an amount necessary to
cover the costs of services provided to the district by the support
employee and shall not ex ceed the salary of the support employee.
The terms for personal business leave provided by this subsection
shall not negate any locally negotiated leave policies which exceed
the minimum benefits stated above. Payment fo r such leave shall be
calculated with regard to the definition of "support employee"
provided by Section 6-101.40 of this title. Provided that such
benefits shall not exceed those authorized for teachers hereunder.
2. Support employees, as defined by Sec tion 6-101.40 of this
title, shall be entitled to pay for any time lost when school is
closed on account of epidemics or otherwi se when an order for such
closing has been issued by a health officer authorized by law to
issue the order.
SECTION 2. This act shall become effecti ve July 1, 2021.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof thi s act shall take eff ect and
be in full force from and aft er its passage and approval.
58-1-1189 EB 1/21/2021 2:51:26 PM