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SENATE FLOOR VERSION
February 27, 2024
ENGROSSED HOUSE
BILL NO. 2260 By: Sterling and Wallace of the
House
and
Floyd and Jett of the
Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 6-101.25, which relates to recommendations of
the superintendent; including additional situations
related to certain recommendations for revoking
licenses may be made; describing said situ ations; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-101.25, is
amended to read as follows:
Section 6-101.25 A. Whenever a superintendent decides to
recommend that a teacher employed within the school district be
dismissed or not ree mployed, the superintendent shall state the
recommendation in writing, setting forth the basis for the
recommendation, and shall submit such recommendation to the board of
education.
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If the teacher subject to such recommendation is a career
teacher, the recommendation shall specify the statutory grounds for
which the recommendation is based.
If the teacher subject to such r ecommendation is a probationary
teacher, the recommendation shall s pecify the cause for which the
recommendation is based.
The superintendent shall also specify the underlying facts
supporting the recommendation.
B. If the recommendation includes grounds that could form the
basis of criminal charges sufficient to result in the denial or
revocation of a certificate for a reason set forth i n subparagraph a
of paragraph 6 of subsection A of Section 3-104 of this title, or if
the recommendation includes a reason set forth in subparagraph a of
paragraph 6 of subsection A of Section 3-104 of this title and is
based on an agreement between the teacher and schoo l district to
avoid civil litigation or a settlement of a civil action un less the
court orders the terms of such settlement to be kept confidential , a
copy of the recommendation shall also be forwarded to the State
Board of Education after the completion o f due process procedures
pursuant to Section 6-101.26 of this title or af ter the teacher
resigns. Failure to forward a copy of the recommendation to the
State Board of Education shall not be the basis fo r any claim or
action against a public school, its b oard of education, employees,
agents or other representatives. If the sc hool district forwards a
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copy of the recommendation to the State Board of Education, the
school district shall contemporaneously forward a copy to the
teacher subject to such recommen dation. The teacher may provide
supplementary information to the State B oard of Education.
C. Only school district s may request a copy of the
recommendation from the State Board of Education, and only i f a
teacher is being considere d for new employment o r a teacher is
currently employed by the requesting school district. The State
Board of Education shall notify the teacher subject to the
recommendation if such a request is made and provide the identity of
the school district that m ade such request. The State Board of
Education shall provide the requesting school district do cuments
related to the recommendation as we ll as any supplementary
information provided by the teacher subject to the recommendatio n,
and copies shall be contemp oraneously forwarded t o the teacher
subject to the recommendation. Records provided to a reque sting
school district pursuant to this subs ection shall be kept
confidential.
D. Except as provided for in sub section C of this section, the
State Board of Education shall keep recom mendations submitted
pursuant to subsection B of this section confidentia l. Records
created pursuant to this sectio n shall not be subject to disclosure
under the Oklahoma Open Records Act.
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E. If the State Board of Education or a sch ool district that
generated or received documents pursuant to subsection C of this
section is served a subpoena requesting disclosure of t he documents,
the teacher subject to the recommendation shall immedi ately be
notified and be provided the opportunity to object to the subpo ena.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
February 27, 2024 - DO PASS