An Act
ENROLLED SENATE
BILL NO. 807 By: Kidd, Stephens and Boren of
the Senate
and
Baker, West (Josh) and
Vancuren 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 suppo rt
employees be entitled to pay for certain lost time;
providing an effective date ; and declaring an
emergency.
SUBJECT: School support employees
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 salaries 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 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 illness in the
ENR. S. B. NO. 807 Page 2
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 exceed
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. E ach 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 t he salary level
for substitute teach ers. Provided further, tha t these terms for
personal business leave shall not negate any l ocally 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 distr ict 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
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 Schoo l 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 day s permitted by the receiving school
and that such transferred da ys 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 schoo l. 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 Sch ool 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
ENR. S. B. NO. 807 Page 3
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 al l of
its employees. On authorization of the teacher, the distri ct 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, c ivil or juvenile
proceeding and shall pay the teacher during suc h 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 o f days
transferred shall not exceed the maximum days permitted b y 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 authorizes
the use of additional transferred days during the sch ool 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
termination of employment, then said paym ents shall be for only
those days accumulated in the receiving d istrict. 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 thr ee (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
ENR. S. B. NO. 807 Page 4
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 beco me 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 thi s act shall take eff ect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 807 Page 5
Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 13th day of April, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __