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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 807 By: Kidd, Stephens and Boren of
the Senate
and
Baker of the House
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 (70 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 full amount
of their contract salaries during any absence from their regular
school duties for a period of time and under such conditions as the
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board may determine, but not less than the minimum benefits
hereafter specified. Payment for sick leave shall be m ade on the
basis of the current salary rate then in effect for the teacher
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 i llness 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 ea ch school year and for
those teachers employed on a twelve -month contract shall not exceed
twelve (12) days during each school year, if said contract is for
the work period, and not merely for pay purposes. The right to such
leave shall vest at the beginn ing of the school year. Each school
district shall provide for all teachers a minimum of three (3) days
for personal business leave, upon the request of the teacher.
Salary deductions for such leave shall not exceed the salary level
for substitute teache rs. 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 will determine the
purposes for which emergency leave can be used. Those days shall
not be chargeable to sick leave and will be noncumulative. Unused
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sick leave shall be cumulative up to a total of sixty (60) days, and
cumulative sick leave shall be transferable to another school
district or to the Oklahoma School for the Blind or the Oklahoma
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 permitted 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 school. The school board of the
sending district shall certify the exact number of days eligible for
transfer.
2. If a teacher is employed at the Oklahoma School for the
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 ben efits 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 insu rance provided by the
district for loss of compensable time may be charged against sick
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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 t he aforesaid for any or all of
its employees. On authorization of the teacher, the district may
approve payroll deductions for such teacher 's portion of the
aforesaid.
C. Each school district shall grant a teacher leave for jury
service or as a witness s ubpoenaed in a criminal, civil or juvenile
proceeding and shall pay the teacher during such service the full,
current contract salary. Provided that the district may deduct any
compensation received for serving as a juror 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 not 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; p rovided, 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) transferred
days per school year unless the local board of education authorizes
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the use of additional transferred days during the school year in an
amount set by the board and, provided further, that if the receiving
district pays such person for unused sick leave upon retirement or
termination of employment, then said payments shall 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 district shall provide for all
support employees, a minimum of three (3) days for personal business
leave, upon the request of the 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 exceed 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 for 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 Sect ion 6-101.40 of this
title, shall be entitled to pay for any time lost when school is
closed on account of epidemics or otherwise 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 effective July 1, 2021.
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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 effe ct and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/31/2021
- DO PASS.