Oklahoma 2023 Regular Session

Oklahoma House Bill HB2260 Compare Versions

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3		-	ENGR. H. B. NO. 2260 Page 1 1
	3	+	HB2260 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2260 By: Sterling and Wallace of the
30		-	House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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32		-	~~and~~
	31	+	STATE OF OKLAHOMA
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34		-	Floyd of the Senate
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2260 By: Sterling and Wallace
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	43	+	COMMITTEE SUBSTITUTE
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42	45		An Act relating to schools; amending 70 O.S. 2021,
43	46		Section 6-101.25, which relates to recommendations of
44	47		the superintendent; including additional situations
45		-	~~related to~~ certain recommendations for revoking
46		-	~~licenses may be~~ made; describing said situ ations; and
47		-	~~providing an~~ effective date.
	48	+	certain recommendations for revoking licenses may be
	49	+	made; describing said situ ations; and providing an
	50	+	effective date.
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52	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
53	56		SECTION 1. AMENDATORY 70 O.S. 2021, Section 6 -101.25, is
54	57		amended to read as follows:
55	58		Section 6-101.25 A. Whenever a superintendent decides to
56	59		recommend that a teacher employed within the school district be
57	60		dismissed or not ree mployed, the superintendent shall state the
58	61		recommendation in writing, setting forth the basis for the
59	62		recommendation, and shall submit such recommendation to the board of
60	63		education.
61		-	If the teacher subject to such rec ommendation is a career
62		-	teacher, the recommendation shall specify the statutory grounds for
63		-	which the recommendation is based.
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65		-	ENGR. H. B. NO. 2260 Page 2 1
	65	+	HB2260 HFLR Page 2
	66	+	BOLD FACE denotes Committee Amendments. 1
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	91	+	If the teacher subject to such rec ommendation is a career
	92	+	teacher, the recommendation shall specify the statutory grounds for
	93	+	which the recommendation is based.
90	94		If the teacher subject to such r ecommendation is a probationary
91	95		teacher, the recommendation shall s pecify the cause for which the
92	96		recommendation is based.
93	97		The superintendent shall also specify the underlying facts
94	98		supporting the recommendation.
95	99		B. If the recommendation includes grounds that could form the
96	100		basis of criminal charges sufficient to result in the denial or
97	101		revocation of a certificate for a reason set forth i n subparagraph a
98		-	of paragraph 6 of subsection A of Section 3-104 of this title, or if
99		-	the recommendation includes a reason set forth in subparagraph a of
100		-	paragraph 6 of subsection A of Section 3-104 of this title and is
101		-	based on an agreement between the teacher and school district to
102		-	avoid civil litigation or a settlement of a civil action un less the
103		-	court orders the terms of such settlement to be kept confidential , a
104		-	copy of the recommendation shall also be forwarded to the State
105		-	Board of Education after the completion of d ue process procedures
106		-	pursuant to Section 6-101.26 of this title or af ter the teacher
107		-	resigns. Failure to forward a copy of the recommendation to the
108		-	State Board of Education shall not be the basis fo r any claim or
109		-	action against a public school, its boar d of education, employees,
110		-	agents or other representatives. If the sc hool district forwards a
111		-	copy of the recommendation to the State Board of Education, the
112		-	school district shall contemporaneously fo rward a copy to the
	102	+	of paragraph 6 of Section 3-104 of this title, or if the
	103	+	recommendation includes a reason set forth in subparagraph a of
	104	+	paragraph 6 of Section 3-104 of this title and is based on an
	105	+	agreement between the teacher and school district to avo id civil
	106	+	litigation or a settlement of a civil action unless the court orders
	107	+	the terms of such settlement to be kept confidential , a copy of the
	108	+	recommendation shall also be forwarded to the State Board of
	109	+	Education after the completion of d ue process procedures pursuant to
	110	+	Section 6-101.26 of this title or afte r the teacher resigns.
	111	+	Failure to forward a copy of the recommendation to the State Board
	112	+	of Education shall not be the basis fo r any claim or action against
	113	+	a public school, its boar d of education, employees, agents or other
	114	+	representatives. If the scho ol district forwards a copy of the
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114		-	ENGR. H. B. NO. 2260 Page 3 1
	116	+	HB2260 HFLR Page 3
	117	+	BOLD FACE denotes Committee Amendments. 1
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139		-	teacher subject to such recommendat ion. The teacher may provide
140		-	supplementary information to the State B oard of Education.
	142	+	recommendation to the State Board of Education, the school district
	143	+	shall contemporaneously fo rward a copy to the teacher su bject to
	144	+	such recommendation. The teacher may provide supplementary
	145	+	information to the State Boa rd of Education.
141	146		C. Only school district s may request a copy of the
142	147		recommendation from the State Board of Education, and only i f a
143	148		teacher is being considere d for new employment or a teacher is
144	149		currently employed by the requesting school district. The S tate
145	150		Board of Education shall notify the teacher subject to the
146	151		recommendation if such a request is made and provide the identity of
147	152		the school district that m ade such request. The St ate Board of
148	153		Education shall provide the requesting school district docu ments
149	154		related to the recommendation as we ll as any supplementary
150	155		information provided by the teacher subject to the recommendatio n,
151	156		and copies shall be contemp oraneously forwarded to t he teacher
152	157		subject to the recommendation. Records provided to a request ing
153	158		school district pursuant to this subs ection shall be kept
154	159		confidential.
155	160		D. Except as provided for in subsection C of this se ction, the
156	161		State Board of Education shall keep recommen dations submitted
157	162		pursuant to subsection B of this section confidential. Records
158	163		created pursuant to this sectio n shall not be subject to disclosure
159	164		under the Oklahoma Open Records Act.
160		-	E. If the State Board of Education or a sch ool district that
161		-	generated or received documents pursuant to subsection C of this
162		-	section is served a subpoena requesting disclosure of t he documents,
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164		-	ENGR. H. B. NO. 2260 Page 4 1
	166	+	HB2260 HFLR Page 4
	167	+	BOLD FACE denotes Committee Amendments. 1
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	192	+	E. If the State Board of Education or a sch ool district that
	193	+	generated or received documents pursuant to subsection C of this
	194	+	section is served a subpoena requesting disclosure of t he documents,
189	195		the teacher subject to the recommendation shall immediately be
190	196		notified and be provided the opportunity to object to the subpoena .
191	197		SECTION 2. This act shall become effective November 1, 2023.
192		-	Passed the House of Representatives the 7th day of March, 2023.
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197		-	Presiding Officer of the House
198		-	of Representatives
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201		-	Passed the Senate the ___ day of __________, 2023.
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206		-	Presiding Officer of th e Senate
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	199	+	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/22/2023
	200	+	- DO PASS, As Amended and Coauthored.