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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2260 By: Sterling and Wallace
COMMITTEE SUBSTITUTE
An Act relating to schools; amending 70 O.S. 2021,
Section 6-101.25, which relates to recommendations of
the superintendent; including additional situations
certain recommendations for revoking licenses may be
made; describing said situ ations; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. AMENDATORY 70 O.S. 2021, Section 6 -101.25, is
amended to read as follows:
Section 6-101.25 A. Whenever a superintendent decides to
recommend that a teacher employed within the school district be
dismissed or not ree mployed, the superintendent shall state the
recommendation in writing, setting forth the basis for the
recommendation, and shall submit such recommendation to the board of
education.
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If the teacher subject to such rec ommendation is a career
teacher, the recommendation shall specify the statutory grounds for
which the recommendation is based.
If the teacher subject to such r ecommendation is a probationary
teacher, the recommendation shall s pecify the cause for which the
recommendation is based.
The superintendent shall also specify the underlying facts
supporting the recommendation.
B. If the recommendation includes grounds that could form the
basis of criminal charges sufficient to result in the denial or
revocation of a certificate for a reason set forth i n subparagraph a
of paragraph 6 of Section 3-104 of this title, or if the
recommendation includes a reason set forth in subparagraph a of
paragraph 6 of Section 3-104 of this title and is based on an
agreement between the teacher and school district to avo id civil
litigation or a settlement of a civil action unless the court orders
the terms of such settlement to be kept confidential , a copy of the
recommendation shall also be forwarded to the State Board of
Education after the completion of d ue process procedures pursuant to
Section 6-101.26 of this title or afte r the teacher resigns.
Failure to forward a copy of the recommendation to the State Board
of Education shall not be the basis fo r any claim or action against
a public school, its boar d of education, employees, agents or other
representatives. If the scho ol district forwards a copy of the
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recommendation to the State Board of Education, the school district
shall contemporaneously fo rward a copy to the teacher su bject to
such recommendation. The teacher may provide supplementary
information to the State Boa rd of Education.
C. Only school district s may request a copy of the
recommendation from the State Board of Education, and only i f a
teacher is being considere d for new employment or a teacher is
currently employed by the requesting school district. The S tate
Board of Education shall notify the teacher subject to the
recommendation if such a request is made and provide the identity of
the school district that m ade such request. The St ate Board of
Education shall provide the requesting school district docu ments
related to the recommendation as we ll as any supplementary
information provided by the teacher subject to the recommendatio n,
and copies shall be contemp oraneously forwarded to t he teacher
subject to the recommendation. Records provided to a request ing
school district pursuant to this subs ection shall be kept
confidential.
D. Except as provided for in subsection C of this se ction, the
State Board of Education shall keep recommen dations submitted
pursuant to subsection B of this section confidential. Records
created pursuant to this sectio n shall not be subject to disclosure
under the Oklahoma Open Records Act.
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E. If the State Board of Education or a sch ool district that
generated or received documents pursuant to subsection C of this
section is served a subpoena requesting disclosure of t he documents,
the teacher subject to the recommendation shall immediately be
notified and be provided the opportunity to object to the subpoena .
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/22/2023
- DO PASS, As Amended and Coauthored.