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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Le gislature (2023)
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32	32	HOUSE BILL 1452 By: Provenzano
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38	38	AS INTRODUCED
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40	40	An Act relating to teachers; amending 70 O.S. 2021,
41	41	Section 6-101, which relates to teacher contracts;
42	42	requiring teacher contrac t length to be duration of
43	43	the current fiscal year; mandating teacher contract
44	44	length for ensuing year to be duration of the ensuing
45	45	year; establishing contract leng th for teachers who
46	46	are not certified; and providing an effective date .
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 70 O.S. 2021, Section 6 -101, is
54	54	amended to read as follows:
55	55	Section 6-101. A. Except as provided in subsection E of thi s
56	56	section, no person sha ll be permitted to teach in any school
57	57	district of the state without a written contract, for the duration
58	58	of the current fiscal year, except as provided herein for substitute
59	59	teachers and except tea chers of classes in adult education. Except
60	60	as provided in subsection J o f this section, the board of education
61	61	of each school district, wherein school is expected to be conducted
62	62	for the ensuing year, shall employ and contract in writing , for the
63	63	duration of the current fiscal year, with qualified teachers for and
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90	90	in the name of the district. One copy of the contract shall be
91	91	filed with the clerk of the board of education and one copy shall be
92	92	retained by the teacher.
93	93	B. Except as otherwise provided by subsections J and K of this
94	94	section and any other law, no board of educati on shall have
95	95	authority to enter into any written c ontract with a teacher w ho does
96	96	not hold an Oklahoma criminal his tory record check as required by
97	97	Section 6-190 of this title and who does not hold a valid
98	98	certificate issued or recognized by the Stat e Board of Education
99	99	authorizing the teacher to teach the grades or subject matter for
100	100	which the teacher is employed . Any board of education paying or
101	101	authorizing the payment of the salary of a ny teacher not holding a
102	102	certificate, as required herein, shall be adjudged to be guilty of a
103	103	fraudulent expenditure of public funds and members voting for such
104	104	payment shall be held jointly responsible for the return of the
105	105	amount of any public monies thu s expended, upon suit brought by the
106	106	district attorney or by any interested citizen in the district where
107	107	such funds have been expended.
108	108	C. It shall be the duty of the superinte ndent of schools under
109	109	whose supervision teachers have been contracted to teac h to certify
110	110	to the treasurer of the co ntracting district the names of the
111	111	teachers holding valid certificates an d student teachers with whom
112	112	contracts have been made and the nam es of substitute teachers
113	113	employed in accordance with law. The treasurer shal l not register
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140	140	any warrant issued in pa yment of salary to any teacher whose name is
141	141	not included in such list and shall be liable on the official bond
142	142	for the treasurer for the a mount of any warrant registered in
143	143	violation of the provisions of this section .
144	144	D. Whenever any person shall enter i nto a contract with any
145	145	school district in Oklahoma to teach in such schoo l district the
146	146	contract shall be binding on the teacher and on th e board of
147	147	education until the t eacher legally has been discharged from the
148	148	teaching position or released by the boar d of education from the
149	149	contract. Except as provided in Section 5 -106A of this title, until
150	150	such teacher has been thus discharged or relea sed, the teacher shall
151	151	not have authority to enter into a contract with any ot her board of
152	152	education in Oklahoma for the same time covered by the original
153	153	contract. If upon written complaint by the board of educati on in a
154	154	district any teacher is reported to have failed to obey the terms of
155	155	the contract previously made and to have e ntered into a contract
156	156	with another board of education without having been released from
157	157	the former contract exce pt as provided in Sectio n 5-106A of this
158	158	title, the teacher, upon being found guilty of such char ge at a
159	159	hearing held before the State Board of Education, shall have such
160	160	teacher's certificate suspended for the remainder of the term for
161	161	which the contract was made.
162	162	E. A board of education shall have authority to enter into
163	163	written contracts with teac hers for the ensuing fiscal year prior to
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190	190	the beginning of such year. The contract length for an ensuing
191	191	fiscal year shall be for the duration of the ensuing fiscal year.
192	192	If, prior to the first Monday in June, a board of education has not
193	193	entered into a writt en contract with a regul arly employed teacher or
194	194	notified the teacher in writing by registered or certified mail that
195	195	a recommendation has been made not to reemploy the teacher for t he
196	196	ensuing fiscal year, and if, by fifteen (15) days after the first
197	197	Monday in June, such teacher has not notified the board of education
198	198	in writing by registered or certi fied mail that such teacher does
199	199	not desire to be reemployed in such school district for the ensuing
200	200	year, such teacher shall be considered as employed on a co ntinuing
201	201	contract basis and on the same salary schedule used for other
202	202	teachers in the school dis trict for the ensuing fiscal year, and
203	203	such employment and continuing contract shall be binding on the
204	204	teacher and on the school district.
205	205	F. Whenever a schoo l district is engaged in contract
206	206	negotiations with teachers empl oyed by that school district aft er
207	207	the school year has begun and the teachers are employed on a
208	208	continuing contract b asis, the school district shall, beginning at
209	209	the first of the school year , pay the teachers any s tate-mandated
210	210	salary increases and salary schedule increases to which eac h teacher
211	211	is otherwise entitled.
212	212	G. No school district or any member of the board of education
213	213	of a district shall be liable for the payment of compensation t o a
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240	240	teacher or administr ator under the provisions of any contract for
241	241	the ensuing year, if it bec omes necessary to close the school
242	242	because of insufficient attendance, disorganizatio n, annexation,
243	243	consolidation, or by dispensing with the school according t o law,
244	244	provided, such cause is known or action is taken prior to July 1 of
245	245	such ensuing year.
246	246	H. No school district or any member of a board o f education
247	247	shall be liable for the pay ment of compensation to any teacher or
248	248	administrator for the unexpired ter m of any contract if the school
249	249	building to which the teacher or administrator has been assigned is
250	250	destroyed by accident, storm, fire, or othe rwise and it becomes
251	251	necessary to close the school because of inability to secure a
252	252	suitable building or building s for continuation of sc hool. Teachers
253	253	and administrators shall be entitled to pay for any time lost when
254	254	school is closed on account of epide mics or otherwise when an order
255	255	for such closing has been issued by a health officer authorized by
256	256	law to issue the order.
257	257	I. A teacher may contract with more than one school di strict
258	258	for the same school year as provided in Section 5-106A of this
259	259	title.
260	260	J. A board of education shall have auth ority to enter into
261	261	written contracts for the ensuing fiscal year prior to the beginning
262	262	of the year with persons who are not certified to teach by the State
263	263	Board of Education as long as the person is actively in the process
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290	290	of securing certification. The contract length for an ensuing
291	291	fiscal year shall be for the duration of the ensuing fiscal year.
292	292	The person shall not be allowed to teach in a classroom until the
293	293	person has met or completed all of the requirements for
294	294	certification as provided for in Section 6-190 of this title. If
295	295	the person has not obtained val id certification by the first day of
296	296	the ensuing school year, the contract shall be terminated.
297	297	K. A board of education of a school district shall have the
298	298	authority to enter i nto written contracts for employm ent for the
299	299	ensuing fiscal year with persons w ho are student teachers as defined
300	300	in Section 1-116 of this title while such persons are still student
301	301	teachers. A student teacher shall not be allowed to teach in a
302	302	classroom during the ensuing fiscal year un til meeting or completing
303	303	all of the requireme nts for certification as provided for i n Section
304	304	6-190 of this title. If the student teacher has not obtained va lid
305	305	certification by the first day of the ensuing school year, t he
306	306	contract shall be terminated. A board of education of a school
307	307	district shall have the authority to commit to paym ent of a stipend
308	308	or signing bonus to a student teacher as defined in Secti on 1-116 of
309	309	this title while that person is still a student teac her, if that
310	310	person has entered i nto a written contract for employment for the
311	311	ensuing fiscal year. A board of educat ion shall make any such
312	312	student teacher stipend or signing bonus condition al on such person
313	313	fulfilling the first year of his or her contract for the ensuing
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340	340	fiscal year. Any stipend or signing bonus paid under the terms o f
341	341	this subsection shall not be considered compensation fo r purposes of
342	342	teacher retirement or the minimum sal ary schedule.
343	343	L. A teacher whose certificate was suspended by the State Board
344	344	of Education pursuant to Section 3-104 of this title and Sections
345	345	314 and 314.1 of Title 75 of the Oklahoma Statutes shall be placed
346	346	on suspension pursuant to the provisions of Section 6-101.29 of this
347	347	title while proceedings for revocation or other action are pending
348	348	before the State Board of Education. The provisions of this
349	349	subsection shall not preclude the initiation of due process
350	350	procedures in accordance with Section 6 -101.20 et. seq of this
351	351	title.
352	352	SECTION 2. This act shall become effective November 1, 2023.
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354	354	59-1-6109 EK 12/28/22

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1452 Compare Versions