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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 1425 By: Vancuren of the House
and
Stanley of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 6-101.6b, which relates to whistleblower
protections; defining term; exten ding applicability
of protections to support employees; updating
statutory citation; providing an effective date; and
declaring an emergency .
AUTHOR: Add the following House Coauthor: Pittman
AUTHOR: Remove as principal Senate author Stanley and subs titute as
principal Senate author Rader . Retain Stanley as Senate
coauthor
AUTHOR: Add the following Senate Coauthor: Bullard
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to schools; defining term; directing
each school district board of education to adopt
certain policy excusing a student to attend certain
course; providing requirements for student to attend
certain course; providing certain immunity from
liability; exempting instructors of ce rtain course
from licensure or certification; directing students
to be considered in attendance with a school district
while attending certain course; providing for the
award of elective credit for completion of certain
course; providing for evaluation of certain course;
providing exemption for certain charter schools and
virtual charter schools; providing for codification;
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providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11 -101.3 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section, “released time course” means a
period of time during which a student is excused from school to
attend a course in religious or moral instruction taught by an
independent entity off school property.
B. Each school district board of education shall adopt a policy
that excuses a student from schoo l to attend a released time course
for no more than three class periods per week or a maximum of one
hundred twenty-five class periods per school year; provided, that:
1. The student’s parent or legal guardian provides written
consent prior to the student ’s participation in the released time
course;
2. No school district funds other than de minimis
administrative costs are expended and no school district personnel,
equipment, or resources are involved in providing the instruction;
3. The independent enti ty maintains attendance records and
makes them available to the school district and its board of
education;
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4. Any transportation provided to and from the place of
instruction is the sole responsibility of the independent entity,
the student, or the stude nt’s parent or legal guardian;
5. The independent entity or the student’s parent or legal
guardian indemnifies the school district and holds it harmless with
regard to any liability arising from conduct that does not occur on
school property under the con trol or supervision of the school
district, and the independent entity maintains adequate insurance
for that purpose;
6. The student assumes responsibility for any missed school
work; and
7. The school district superintendent, the principal for the
school site in which the student is enrolled, or their designees
have reasonable discretion over the scheduling and timing of
released time courses; provided, the student may not be excused to
participate in a released time course during any class in which the
subject matter being taught is subject to the assessment
requirements of Section 1210.508 of Title 70 of the Oklahoma
Statutes.
C. The school district, its board of education, and the state
shall not be liable for the student who participates in a release d
time course when the student is not under the control or supervision
of the school district.
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D. Instructors hired by an independent entity to provide a
released time course shall not be required to be licensed or
certified teachers.
E. A student who at tends a released time course shall be
considered in attendance in the school district, and the time shall
be calculated as part of the school day.
F. A school district board of education shall award a student
credit for work completed in a released time c ourse that is
substantiated by a transcript from the independent entity providing
the course. A student shall be awarded elective credit for the
completion of each released time course. To determine whether
elective credit may be awarded as provided for in this subsection,
the board of education shall evaluate the course in a neutral and
secular manner that does not involve any test for religious content
or denominational affiliation. For purposes of this subsection, the
secular criteria used to evaluate a released time course may
include:
1. The amount of classroom instruction time;
2. The course syllabus, which reflects the course requirements
and any materials used in the course;
3. Methods of assessment used in the course; and
4. The qualification s of the course instructor.
G. The provisions of this section shall not apply to charter
schools established pursuant to Section 3 -132 of Title 70 of the
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Oklahoma Statutes or charter schools or virtual charter schools
established pursuant to Section 3 -134 of Title 70 of the Oklahoma
Statutes.
SECTION 2. This act shall become effective July 1, 2024.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health , or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.”
Passed the Senate the 16th day of April, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ___ _ day of __________,
2024.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 1425 By: Vancuren of the House
and
Stanley of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 6-101.6b, which relates to whistleblower
protections; defining term; extending applicability
of protections to support employees; updating
statutory citation; providing an effective date; a nd
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 4. AMENDATORY 7 0 O.S. 2021, Section 6-101.6b, is
amended to read as follows:
Section 6-101.6b A. For purposes of this section , "teacher":
1. "Teacher" means the term as defined in para graph 1 of
Section 1-116 of Title 70 of the Oklahoma Statutes this title; and
2. "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:
1. Disclosing public information to correct what the teac her or
support employee reasonably believes evidences a violation of the
Oklahoma Constitution or law or a rule promulgated pursuant to law;
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2. Reporting a violation of t he Oklahoma Constitution or state
or federal law; or
3. Taking any of the above acti ons 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 s ection, "reporting" means
providing a spoken or written account to a supervising teac her,
administrator, school board member, representative from the State
Department of Education, law enforcement official, district
attorney, and/or parent or legal guardia n of a student directly
impacted by the actions.
D. Each school district shall promi nently 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 section shall be construed to allow a
teacher or support employee to violate students' or parents' rights
to confidentiality and protection under the Family Educational
Rights and Privacy Act of 1974 (FERPA).
SECTION 5. This act shall become effective July 1, 2023.
SECTION 6. It being immediately necessary for the preservation
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 it s passage and approval.
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Passed the House of Representatives the 6th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate