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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 39 By: Stanley of the Senate
and
Vancuren of the House
An Act relating to schools; amending 70 O.S. 2021,
Section 6-101.6b, which relates to whistleblower
protection for teachers; making protections
applicable to support employees; defining term;
updating statutory reference; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Sect ion 6-101.6b, is
amended to read as follows:
Section 6-101.6b. A. For purposes of this section, “teacher”
means the term as defined in paragraph 1 of Sectio n 1-116 of Title
70 of the Oklahoma Statutes this title, and “support employee” means
the term as defined in paragraph 8 of Section 1-116 of this title.
B. No school district shall prohibit or take disciplinary
action against teachers or support employees for:
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1. Disclosing public information to correct what the teacher or
support employee reasonably believes evidences a violation of the
Oklahoma Constitution or law or a rule promulgated pursuant to law;
2. Reporting a violation of the Oklahoma Constitut ion or state
or federal law; or
3. Taking any of the above actions without giving prior notice
to the teacher’s or support employee’s supervisor or anyone else in
the teacher’s relevant chain of command.
C. For the purposes of this section, “reporting” means
providing a spoken or written account to a supervising teacher,
administrator, school board m ember, representative from the State
Department of Education, law enforcement official, district
attorney, and/or parent or legal guardian of a st udent directly
impacted by the actions.
D. Each school district shall prominently post or publish a
copy of this section of law in locations where it can reasonably be
expected to come to the attention of all teachers and support
employees.
E. Nothing in this sectio n shall be construed to allow a
teacher or a support employee to violate students’ or parents’
rights to confidentiality and protection under the Family
Educational Rights and Privacy Act of 1974 (FERPA).
SECTION 2. This act shall become e ffective July 1, 2023.
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SECTION 3. It being immediately necessary for the preserva tion
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/11/2023
- DO PASS.