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STATE OF OKLAHOMA
1st Session of the 59th Legislat ure (2023)
HOUSE BILL 1761 By: Manger
AS INTRODUCED
An Act relating to schools; amending Section 1,
Chapter 135, O.S.L. 2022 (70 O.S. Supp. 2022, Section
509.12), which relates to employee associations;
requiring school employee on certain leave to receive
pay and maintain certain benefits; directing payment
or reimbursement from association; providing for
certain advancement and accrual; authorizing return
to service upon end of leave; deleting requirement to
not recognize certain employee asso ciations; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 135, O.S.L.
2022 (70 O.S. Supp. 2022, Section 509.12), is amended to read as
follows:
Section 509.12 A. A school district board of education may
approve a request from a school distri ct employee for a leave of
absence to hold office as an officer, director, trus tee, or agent of
a national, statewide, or school district employee associa tion. The
employee requesting the leave shall provide the school district
superintendent with proof of election and proof of the term of
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office for the national, statewide, or scho ol district employee
association. Proof of election shall include but not be limited to
certification by the national, statewide, or school district
employee association of the date of the election and the results of
the election. Board of education appr oval for leave requested
pursuant to this section shall have definitive beginning and end
dates.
B. Leave granted pursuant to this section shall be leave
without pay. The school employee on leave shall not receive pay and
be entitled to maintain any all benefits and associated service
credits granted by the school district regardless of whether the
benefit is which shall be paid or reimbursed by the employee on
leave or the association for which the person is serving as an
officer, director, trustee , or agent.
C. During the leave period, the school employee's position with
the school district shall be maintained without including
advancement on the minimum salary schedule adopted pursuant to
Section 5-141 of Title 70 of the Oklahoma Statutes and with no
accrual of sick leave, personal business leave, or and personal
leave. The employee on leave shall not accumulate service credit
within the Teachers' Retirement System of Oklahoma. Following the
term of leave granted pursuant to the provisions of this section,
the employee granted leave may return to his or her former position
or a comparable position.
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D. A school district employee granted leave pu rsuant to the
provisions of this section shall be prohibited from accessing school
district office space .
E. If a national, statewide, or school district employee
association that serves as a school district employee organization
established pursuant to S ection 509.2 of Title 70 of the Oklahoma
Statutes fails to comply with the provisions of this section , the
school district board of education shall no long er recognize the
organization as a representative of employees.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6673 EK 12/19/22