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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2180 By: Lowe (Dick) of the House
and
Thompson (Kristen) of the
Senate
An Act relating to virtual charter schools; amending
70 O.S. 2021, Section 3 -145.8, which relates to
virtual charter school attendance; modifying
attendance requirements for virtual charter school
alternative education programs; defining term;
clarifying timing requirement for completion of
instructional activities; authorizing virtual charter
school alternative education program to request a
certain student waiver; directing office of
accreditation to review the request and make a
determination; requiring co ntinued attendance while
waiver is being reviewed; updating internal
references; and providing an effective date .
AUTHOR: Add the following Senate Coauthors: Stanley, Coleman,
Garvin, Newhouse, Daniels, and Pugh
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to school employees; entitling full-
time public school district employees who have worked
for a certain amount of time to certain amount of
paid maternity leave; directing maternity leave be in
addition to certain sick leave; prohibiting employ ee
on maternity leave from being deprived of certa in
compensation or benefits; directing the Legislature
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to appropriate adequate funding to provide paid
maternity leave to certain school employees;
providing for allocation of funds if certain
appropriation is not made; providing for promulgation
of rules; amending 70 O.S. 2021, Section 6 -104.1,
which relates to leave without pay for teachers;
updating statutory reference; allowing maternity
leave in addition to certain sick leave and extended
leave; updating statutory language; amending 70 O.S.
2021, Section 6-104.5, which relates to pay
deductions for certain le ave; adding statutory
reference; allowing certain deductions after
exhausting certain sick leave and maternity leave;
amending 70 O.S. 2021, Section 6-104.6, which relates
to establishment of leave sharing programs; allowing
certain district employees to p articipate in certain
shared leave after exhausting maternity leave;
requiring maternity leave and sick leave to be used
prior to shared sick leave; making language gender
neutral; providing for cod ification; providing an
effective date; and declaring an e mergency.
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 6-104.8 of Title 70, unless
there is created a du plication in numbering, reads as follows:
A. A full-time employee of a public school district in this
state who has been employed by the school distric t for at least one
year and has worked at least one thousand two hundred fifty (1,250)
hours during the preceding twelve-month period shall be entitled to
eight (8) weeks of paid maternity leave following the birth of the
employee’s child. The eight (8) weeks of paid maternity leave shall
be used immediately following the birth of the school district
employee’s child.
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B. Paid maternity leave provided pursuant to this section shall
be in addition to and not in place of s ick leave due to pregnancy,
as provided for in Section 6-104 of Title 70 of the Oklahoma
Statutes.
C. A school district employee who takes maternity leave
pursuant to the provisions of this section shall not be deprive d of
any compensation or other benefi ts to which the employee is
otherwise entitled.
D. Each fiscal year, the Legislature shall appropr iate adequate
funding to the State Board of Education for the purpose of providing
paid maternity leave to eligible scho ol district employees pursuant
to this act. If the Legislature does not appropriate adequate
funding specifically for the purpose of pr oviding paid maternity
leave to school district employees , the State Board of Education
shall allocate from the funds ap propriated to the State Board of
Education for the support of public school activiti es an amount to
fully fund paid maternity leave.
E. The State Board of Education may promulgate rules to
implement the provisions of this section.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-104.1, is
amended to read as follows :
Section 6-104.1. After exhausting sick leave and extended leave
pursuant to Sections 6 -104 and 6-104.5 of Title 70 of the Oklahoma
Statutes this title and maternity leav e pursuant to Section 1 of
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this act, a full-time teacher who, with the proper approv al of the
district board of education, takes not mor e than ninety (90) school
days of leave without pay to ca re for the teacher’s child during the
first year of the child ’s life, shall receive full credit for the
days on leave without pay as though the tea cher had been on leave
with pay for purposes of comp uting experience for the minimum
teacher salary schedule. A teacher on leave without pay pursuant to
this section who pays the actuarial cost, as determined by the Board
of Trustees of the Teachers ’ Retirement System of Oklahoma, shall
have the period during which such leave without pay is taken,
counted toward retirement service credit as though the teacher had
been on leave with pay. The teacher shall notify their his or her
employer and the System in writing w ithin thirty (30) days from the
date he or she returns to service that they he or she will pay such
actuarial cost. The teacher shall have up to twelve (12) months
from the date he or she returns to s ervice to pay such actuarial
cost.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-104.5, is
amended to read as follows:
Section 6-104.5. A. If, after exhausting all sick leave
pursuant to Section 6 -104 of this title and maternity leave pursuant
to Section 1 of this act, a teacher is absent from his or her duties
due to personal accidental injury, illness, or pregnancy, the
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teacher shall receive for a period of not to exceed twenty (20) days
his or her full contract salary less the amount:
1. actually Actually paid a certified substit ute teacher for
his or her position if a certified substitute teacher is hired; or
2. normally Normally paid a certified substitute teacher for
his or her position if a c ertified substitute teacher is not hired.
B. The district’s plan may provide that th e teacher is entitled
to payment for accrued but unused sick leave upon termination of
employment.
SECTION 4. AMENDATORY 70 O.S. 2021, Section 6 -104.6, is
amended to read as follows:
Section 6-104.6. A. The board of education of each school
district may establish a leave sharing program for all district
employees. The program shall permit district employees to donate
sick leave to a fellow distr ict employee who is pregnant or
recovering from childbirth or who is suffering from o r has a
relative or household member suffering from an extraordinary or
severe illness, injury, impa irment, or physical or mental condition
which has caused or is likely t o cause the employee to take leave
without pay or to terminate employment.
B. As used in this section:
1. “Relative of the employee” means a spouse, child, stepchild,
grandchild, grandparent, stepparent, or parent of the employee;
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2. “Household members” means those persons who reside in the
same home, who have reciprocal duties to and d o provide financial
support for one another. This term shall include foster children
and legal wards even if they do not live in the household. The term
does not include persons sharing the same general house, when the
living style is primarily that of a dormitory or commune;
3. “Severe” or “extraordinary” means serious, extreme, or life-
threatening including temporary disability resulting from pregnancy,
miscarriage, childbirth, and recovery therefrom; and
4. “District employee” means a teacher or any full-time
employee of the school district.
C. A district employee may be eligible to receive shared leave
pursuant to the following conditions:
1. The board of education determines that the employee meets
the criteria described in this section; and
2. The employee has abided by district policies regarding the
use of sick leave.
D. A district employee may donate annual leave to another
district employee only pursuant to the following conditions:
1. The receiving employee has exhausted, or will exhaust, only
maternity leave granted pursuant to Section 1 of this act or sick
leave earned pursuant to Sect ion 6-104 of this title due to
pregnancy, miscarriage, childbirth and r ecovery therefrom, an
illness, injury, impairment, or physical or mental condition, w hich
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is of an extraordinary or severe nature, and involves the employee,
a relative of the employee , or household member;
2. The condition has caused, or is likely to cau se, the
employee to go on leave without p ay or to terminate employment;
3. The board of education of the district permits the leave to
be shared with an eligible employee;
4. The amount of leave to be donated is within the limits set
by the board of educ ation of the district; and
5. District employees may not donate excess sick leave th at the
donor would not be able to otherwise take.
E. The board of education of each school district shall
determine the amount of donated leave an employee may receive.
F. The board of education shall require t he employee to submit,
prior to approval or disapproval, a medical certificate from a
licensed physician or health care practitioner verifying t he severe
or extraordinary nature and expected duration of the conditio n.
G. Donated sick leave is transferable between employees of
different school distr icts in the state with the agreement of both
boards of education of each school district.
H. The receiving employee shall be paid the regular rate of pay
of the employee. The sick leave received will be designa ted as
shared sick leave and be maintained s eparately from all other sick
leave balances.
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I. Any donated sick leave may only be used by the rec ipient for
the purposes specified in this section.
J. Only Maternity leave granted pursuant to Section 1 of thi s
act and sick leave earned pursuant to Sect ion 6-104 of this title
available for use by the recipient must shall be used prior to using
shared sick leave.
K. Any shared sick leave not used by the recipient during each
occurrence as determined by the boar d of education shall be returned
to the donor. The shared sick leave remaining will be divided among
the donors on a prorated basis based on th e original donated value
and returned at its original donor value and r einstated to the
annual leave balance of each donor.
L. All donated sick leave must shall be given voluntarily. No
employee shall be coerced, threatened, intimidated, or financially
induced into donating sick leave for purposes of the leave sharing
program.
M. In addition to the sick leave sha ring program provided for
in this section, the board of education of each school district may
establish a sick leave sharing bank for all distri ct employees. A
district employee may donate sick leave to a common fu nd which may
be used by any district empl oyee who is eligible to receive shared
leave as set forth in subsection A of this section. The terms and
conditions for donation and use of sic k leave to a leave sharing
bank shall be subject to the provisions of t his section, unless
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negotiations, entered into pursuant to Section 509.1 et seq. of t his
title, between district employees and the school district establish
terms and conditions for a s ick leave sharing bank in excess of
those provided for in this section.
SECTION 5. This act shall become effective July 1, 2023.
SECTION 6. It being immediately nece ssary for the preservation
of the public peace, health , or safety, an emergency is hereby
declared to exist, by reason whereof t his act shall take effect and
be in full force from and after its passage and approva l.”
Passed the Senate the 27th day of April, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2180 By: Lowe (Dick) of the House
and
Thompson (Kristen) of the
Senate
An Act relating to virtual charter schools; amending
70 O.S. 2021, Section 3 -145.8, which relates to
virtual charter school attendance; modifying
attendance requirements for virtual charter school
alternative education programs; defini ng term;
clarifying timing requirement for completion of
instructional activities; authorizing virtual charter
school alternative education program to request a
certain student waiver; directing office of
accreditation to review the request and make a
determination; requiring co ntinued attendance while
waiver is being reviewed; updating internal
references; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 7. AMENDATORY 70 O. S. 2021, Section 3-145.8, is
amended to read as follow s:
Section 3-145.8 A. It shall be the duty of each virtual
charter school approved and sponsored by the Statewide Virtual
Charter School Board pursuant to the provisions of Section 3 -145.3
of Title 70 of the Oklahoma Statutes this title to keep a full and
complete record of the attendance of all students enrolled in the
virtual charter school in one of the student information systems
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approved by the State Department of Education and locally selected
by the virtual school from the ap proved list.
B. By July 1, 2020, the governing body of each virtual charter
school shall adopt an attendanc e policy. The policy may allow
attendance to be a proportional amount of the required attendance
policy provisions based upon the date of enrollmen t of the student.
The attendance policy shall include the following provisions:
1. The first date of atten dance and membership shall be the
first date the student completes an instructional activity.
2. A student who atten ds a virtual charter school sha ll be
considered in attendance for a quarter if the student:
a. completes instructional activities on no les s than
ninety percent (90%) of the days within the quarter,
b. is on pace for on-time completion of the course as
defined by the governing board of the virtual charter
school, or
c. completes no less than seventy -two instructional
activities within the qua rter of the academic year.
3. For a student who does not meet any of the criteria set
forth in paragraph 1 or 2 of t his subsection, the amount of
attendance recorded shal l be the greater of:
a. the number of school days during which the student
completed the instructional activities during the
quarter,
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b. the number of school days proportional to the
percentage of the course that has been completed, or
c. the number of school days proportional to the
percentage of the required minimum number of completed
instructional activities during the quarter.
C. For the purposes of this section, "instructional activities"
shall include instructional meetings wi th a teacher, completed
assignments that are used to record a grade for a student that is
factored into the student's grade for the semester during which the
assignment is completed, testing and school -sanctioned field trips,
and orientation.
D. A student enrolled in a virtual charter school alternative
education program designated by the State Department of Ed ucation
who attends a full abbreviated school day shall be counted in full
attendance for purposes of computing the a verage daily attendance
and average daily membership o f the virtual charter school. For
purposes of this subsection, "full abbreviated sch ool day" shall
mean one hundred eighty-nine (189) hours per quarter or seven
hundred fifty-six (756) hours per school year.
E. Each statewide virtual charter school appro ved and sponsored
by the Statewide Virtual Charter School Board pursuant to the
provisions of Section 3-145.3 of this title shall offer a student
orientation, notify the parent or legal guardian and eac h student
who enrolls in that school of the requiremen t to participate in the
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student orientation, and require all students enrolled to com plete
the student orientation prior to completing any other instructional
activity. The Statewide Virtual Charter Sc hool Board shall
promulgate rules to develop materials for orientation.
E. F. Any student that who is behind pace and does not complete
an instructional activity for a fifteen-school-day period fifteen
(15) consecutive days, including weekends, shall be withdrawn for
truancy. The virtual charter school shal l submit a notification to
the parent or legal guardian of a student who has been wit hdrawn for
truancy or is approaching truancy.
F. A
G. 1. Except as provided in paragraph 2 of this s ubsection, a
student who is reported for truancy two times in the sa me school
year shall be withdrawn and prohibited from enrolling in the same
virtual charter school for the remainder of the school year.
2. If a student is enrolled in a virtual charter school
alternative education program designated by the State Departme nt of
Education, the virtual charter school may request a waiver of the
enrollment prohibition from the Department on behalf of a student
enrolled at the virtual charter school who is reported for truan cy
two times in the same school year. The office of accreditation
shall review the waiver request and determine whether the student
should be allowed to continue attending the virtual charter school.
The student shall continue attending the virtual chart er school
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while the waiver is being reviewed and until a final determination
is made.
G. H. The governing body of each statewide virtual c harter
school shall develop, adopt and post on the school's website a
policy regarding consequences for a student's f ailure to attend
school and complete ins tructional activities. The policy shall
state, at a minimum, that if a student fails to consistent ly attend
school and complete instructional activities after receiving a
notification pursuant to subsection E F of this section and
reasonable intervention st rategies have been implemented, a student
shall be subject to certain consequences including with drawal from
the school for truancy.
H. I. If a statewide virtual charter school withdraws a student
pursuant to subsections F and G and H of this section, the virtual
charter school shall immediately notify the student's resident
district in writing of th e student's disenrollment.
I. J. The provisions of subsections F, G, H, and H I of this
section shall not be in effe ct until the implementation of
subsection H of Section 3-145.3 of this title.
J. K. The Statewide Virtual Charter School Board may promulg ate
rules to implement the provisions of this section.
SECTION 8. This act shall become effective November 1, 2023.
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Passed the House of Representatives the 8th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate