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1 | - | An Act | |
2 | - | ENROLLED HOUSE | |
3 | - | BILL NO. 1425 By: Staires, West (Kevin), | |
4 | - | Wolfley, Conley, and Hill | |
5 | - | of the House | |
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3 | + | ENGR. S. A. TO ENGR. H. B. NO. 1425 Page 1 1 | |
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28 | + | ENGROSSED SENATE AMENDMENT | |
29 | + | TO | |
30 | + | ENGROSSED HOUSE | |
31 | + | BILL NO. 1425 By: Vancuren of the House | |
6 | 32 | ||
7 | 33 | and | |
8 | 34 | ||
9 | - | Rader, Stanley, Bullard, | |
10 | - | and Hamilton of the Senate | |
35 | + | Stanley of the Senate | |
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40 | + | An Act relating to schools; amending 70 O.S. 2021, | |
41 | + | Section 6-101.6b, which relates to whistleblower | |
42 | + | protections; defining term; exten ding applicability | |
43 | + | of protections to support employees; updating | |
44 | + | statutory citation; providing an effective date; and | |
45 | + | declaring an emergency . | |
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16 | - | An Act relating to schools; defining term; directing | |
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50 | + | AUTHOR: Add the following House Coauthor: Pittman | |
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52 | + | AUTHOR: Remove as principal Senate author Stanley and subs titute as | |
53 | + | principal Senate author Rader . Retain Stanley as Senate | |
54 | + | coauthor | |
55 | + | ||
56 | + | AUTHOR: Add the following Senate Coauthor: Bullard | |
57 | + | ||
58 | + | AMENDMENT NO. 1. Page 1, strike the title, enacting clause and | |
59 | + | entire bill and insert | |
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62 | + | “An Act relating to schools; defining term; directing | |
17 | 63 | each school district board of education to adopt | |
18 | 64 | certain policy excusing a student to attend certain | |
19 | 65 | course; providing requirements for student to attend | |
20 | 66 | certain course; providing certain immunity from | |
21 | 67 | liability; exempting instructors of ce rtain course | |
22 | 68 | from licensure or certification; directing students | |
23 | 69 | to be considered in attendance with a school district | |
24 | 70 | while attending certain course; providing for the | |
25 | 71 | award of elective credit for completion of certain | |
26 | 72 | course; providing for evaluation of certain course; | |
27 | 73 | providing exemption for certain charter schools and | |
28 | - | virtual charter schools; and providing for | |
29 | - | codification. | |
74 | + | virtual charter schools; providing for codification; | |
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101 | + | providing an effective date; and declaring an | |
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34 | - | SUBJECT: Schools | |
35 | - | ||
36 | 107 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
37 | - | ||
38 | 108 | SECTION 1. NEW LAW A new section of law to be codified | |
39 | 109 | in the Oklahoma Statutes as Section 11 -101.3 of Title 70, unless | |
40 | 110 | there is created a duplication in numbering, reads as follows: | |
41 | - | ||
42 | 111 | A. As used in this section, “released time course” means a | |
43 | 112 | period of time during which a student is excused from school to | |
44 | 113 | attend a course in religious or moral instruction taught by an | |
45 | 114 | independent entity off school property. | |
46 | - | ENR. H. B. NO. 1425 Page 2 | |
47 | 115 | B. Each school district board of education shall adopt a policy | |
48 | 116 | that excuses a student from schoo l to attend a released time course | |
49 | 117 | for no more than three class periods per week or a maximum of one | |
50 | 118 | hundred twenty-five class periods per school year; provided, that: | |
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52 | 119 | 1. The student’s parent or legal guardian provides written | |
53 | 120 | consent prior to the student ’s participation in the released time | |
54 | 121 | course; | |
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56 | 122 | 2. No school district funds other than de minimis | |
57 | 123 | administrative costs are expended and no school district personnel, | |
58 | 124 | equipment, or resources are involved in providing the instruction; | |
59 | - | ||
60 | 125 | 3. The independent enti ty maintains attendance records and | |
61 | 126 | makes them available to the school district and its board of | |
62 | 127 | education; | |
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64 | 154 | 4. Any transportation provided to and from the place of | |
65 | 155 | instruction is the sole responsibility of the independent entity, | |
66 | 156 | the student, or the stude nt’s parent or legal guardian; | |
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68 | 157 | 5. The independent entity or the student’s parent or legal | |
69 | 158 | guardian indemnifies the school district and holds it harmless with | |
70 | 159 | regard to any liability arising from conduct that does not occur on | |
71 | 160 | school property under the con trol or supervision of the school | |
72 | 161 | district, and the independent entity maintains adequate insurance | |
73 | 162 | for that purpose; | |
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75 | 163 | 6. The student assumes responsibility for any missed school | |
76 | 164 | work; and | |
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78 | 165 | 7. The school district superintendent, the principal for the | |
79 | 166 | school site in which the student is enrolled, or their designees | |
80 | 167 | have reasonable discretion over the scheduling and timing of | |
81 | 168 | released time courses; provided, the student may not be excused to | |
82 | 169 | participate in a released time course during any class in which the | |
83 | 170 | subject matter being taught is subject to the assessment | |
84 | 171 | requirements of Section 1210.508 of Title 70 of the Oklahoma | |
85 | 172 | Statutes. | |
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87 | 173 | C. The school district, its board of education, and the state | |
88 | 174 | shall not be liable for the student who participates in a release d | |
89 | 175 | time course when the student is not under the control or supervision | |
90 | 176 | of the school district. | |
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92 | 203 | D. Instructors hired by an independent entity to provide a | |
93 | 204 | released time course shall not be required to be licensed or | |
94 | 205 | certified teachers. | |
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96 | 206 | E. A student who at tends a released time course shall be | |
97 | 207 | considered in attendance in the school district, and the time shall | |
98 | 208 | be calculated as part of the school day. | |
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100 | 209 | F. A school district board of education shall award a student | |
101 | 210 | credit for work completed in a released time c ourse that is | |
102 | 211 | substantiated by a transcript from the independent entity providing | |
103 | 212 | the course. A student shall be awarded elective credit for the | |
104 | 213 | completion of each released time course. To determine whether | |
105 | 214 | elective credit may be awarded as provided for in this subsection, | |
106 | 215 | the board of education shall evaluate the course in a neutral and | |
107 | 216 | secular manner that does not involve any test for religious content | |
108 | 217 | or denominational affiliation. For purposes of this subsection, the | |
109 | 218 | secular criteria used to evaluate a released time course may | |
110 | 219 | include: | |
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112 | 220 | 1. The amount of classroom instruction time; | |
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114 | 221 | 2. The course syllabus, which reflects the course requirements | |
115 | 222 | and any materials used in the course; | |
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117 | 223 | 3. Methods of assessment used in the course; and | |
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119 | 224 | 4. The qualification s of the course instructor. | |
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121 | 225 | G. The provisions of this section shall not apply to charter | |
122 | 226 | schools established pursuant to Section 3 -132 of Title 70 of the | |
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123 | 253 | Oklahoma Statutes or charter schools or virtual charter schools | |
124 | 254 | established pursuant to Section 3 -134 of Title 70 of the Oklahoma | |
125 | 255 | Statutes. | |
126 | - | ENR. H. B. NO. 1425 Page 4 | |
127 | - | Passed the House of Representati ves the 29th day of May, 2024. | |
256 | + | SECTION 2. This act shall become effective July 1, 2024. | |
257 | + | SECTION 3. It being immediately necessary for the preservation | |
258 | + | of the public peace, health , or safety, an emergency is hereby | |
259 | + | declared to exist, by reason whereof this act shall take effect and | |
260 | + | be in full force from and after its passage and approval.” | |
261 | + | Passed the Senate the 16th day of April, 2024. | |
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265 | + | Presiding Officer of the Senate | |
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267 | + | ||
268 | + | Passed the House of Representatives the ___ _ day of __________, | |
269 | + | 2024. | |
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273 | + | Presiding Officer of the House | |
274 | + | of Representatives | |
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301 | + | ENGROSSED HOUSE | |
302 | + | BILL NO. 1425 By: Vancuren of the House | |
303 | + | ||
304 | + | and | |
305 | + | ||
306 | + | Stanley of the Senate | |
307 | + | ||
308 | + | ||
309 | + | ||
310 | + | ||
311 | + | An Act relating to schools; amending 70 O.S. 2021, | |
312 | + | Section 6-101.6b, which relates to whistleblower | |
313 | + | protections; defining term; extending applicability | |
314 | + | of protections to support employees; updating | |
315 | + | statutory citation; providing an effective date; a nd | |
316 | + | declaring an emergency . | |
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321 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
322 | + | SECTION 4. AMENDATORY 7 0 O.S. 2021, Section 6-101.6b, is | |
323 | + | amended to read as follows: | |
324 | + | Section 6-101.6b A. For purposes of this section , "teacher": | |
325 | + | 1. "Teacher" means the term as defined in para graph 1 of | |
326 | + | Section 1-116 of Title 70 of the Oklahoma Statutes this title; and | |
327 | + | 2. "Support employee" means the term as defined in paragraph 8 | |
328 | + | of Section 1-116 of this title. | |
329 | + | B. No school district shall prohibit or take disciplinary | |
330 | + | action against teachers or support employees for: | |
331 | + | 1. Disclosing public information to correct what the teac her or | |
332 | + | support employee reasonably believes evidences a violation of the | |
333 | + | Oklahoma Constitution or law or a rule promulgated pursuant to law; | |
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360 | + | 2. Reporting a violation of t he Oklahoma Constitution or state | |
361 | + | or federal law; or | |
362 | + | 3. Taking any of the above acti ons without giving prior notice | |
363 | + | to the teacher's or support employee's supervisor or anyone else in | |
364 | + | the teacher's relevant chain of command. | |
365 | + | C. For the purposes of this s ection, "reporting" means | |
366 | + | providing a spoken or written account to a supervising teac her, | |
367 | + | administrator, school board member, representative from the State | |
368 | + | Department of Education, law enforcement official, district | |
369 | + | attorney, and/or parent or legal guardia n of a student directly | |
370 | + | impacted by the actions. | |
371 | + | D. Each school district shall promi nently post or publish a | |
372 | + | copy of this section of law in locations where it can reasonably be | |
373 | + | expected to come to the attention of all teachers and support | |
374 | + | employees. | |
375 | + | E. Nothing in this section shall be construed to allow a | |
376 | + | teacher or support employee to violate students' or parents' rights | |
377 | + | to confidentiality and protection under the Family Educational | |
378 | + | Rights and Privacy Act of 1974 (FERPA). | |
379 | + | SECTION 5. This act shall become effective July 1, 2023. | |
380 | + | SECTION 6. It being immediately necessary for the preservation | |
381 | + | of the public peace, health or safety, an emergency is hereby | |
382 | + | declared to exist, by reason whereof thi s act shall take effect and | |
383 | + | be in full force from and after it s passage and approval. | |
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410 | + | Passed the House of Representatives the 6th day of March, 2023. | |
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130 | 414 | ||
131 | 415 | Presiding Officer of the House | |
132 | 416 | of Representatives | |
133 | 417 | ||
134 | 418 | ||
419 | + | Passed the Senate the ___ day of __________, 2023. | |
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136 | - | Passed the Senate the 16th day of April, 2024. | |
137 | 421 | ||
138 | 422 | ||
139 | 423 | ||
140 | 424 | Presiding Officer of the Senate | |
141 | 425 | ||
142 | 426 | ||
143 | - | OFFICE OF THE GOVERNOR | |
144 | - | Received by the Office of the Governor this ____________ ________ | |
145 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
146 | - | By: _________________________________ | |
147 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
148 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
149 | - | ||
150 | - | ||
151 | - | _________________________________ | |
152 | - | Governor of the State of Oklahoma | |
153 | - | ||
154 | - | OFFICE OF THE SECRETARY OF STATE | |
155 | - | Received by the Office of the Secretary of State this __________ | |
156 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
157 | - | By: _________________________________ | |
158 | 427 |