Oklahoma 2024 Regular Session

Oklahoma House Bill HB2260 Compare Versions

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30+February 27, 2024
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334 BILL NO. 2260 By: Sterling and Wallace of the
435 House
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637 and
738
839 Floyd and Jett of the
940 Senate
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1645 An Act relating to schools; amending 70 O.S. 2021,
1746 Section 6-101.25, which relates to recommendations of
1847 the superintendent; including additional situations
19-related to when certain recommendations for revoking
20-licenses may be made; and describing said situ ations.
48+related to certain recommendations for revoking
49+licenses may be made; describing said situ ations; and
50+providing an effective date.
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25-SUBJECT: Schools
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2755 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
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2956 SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-101.25, is
3057 amended to read as follows:
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3258 Section 6-101.25 A. Whenever a superintendent decides to
3359 recommend that a teacher employed within the school district be
3460 dismissed or not ree mployed, the superintendent shall state the
3561 recommendation in writing, setting forth the basis for the
3662 recommendation, and shall submit such recommendation to the board of
3763 education.
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3991 If the teacher subject to such recommendation is a career
4092 teacher, the recommendation shall specify the statutory grounds for
4193 which the recommendation is based.
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4394 If the teacher subject to such r ecommendation is a probationary
4495 teacher, the recommendation shall s pecify the cause for which the
4596 recommendation is based.
46- ENR. H. B. NO. 2260 Page 2
4797 The superintendent shall also specify the underlying facts
4898 supporting the recommendation.
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5099 B. If the recommendation includes grounds that could form the
51100 basis of criminal charges sufficient to result in the denial or
52101 revocation of a certificate for a reason set forth i n subparagraph a
53102 of paragraph 6 of subsection A of Section 3-104 of this title, or if
54103 the recommendation includes a reason set forth in subparagraph a of
55104 paragraph 6 of subsection A of Section 3-104 of this title and is
56105 based on an agreement between the teacher and schoo l district to
57106 avoid civil litigation or a settlement of a civil action un less the
58107 court orders the terms of such settlement to be kept confidential , a
59108 copy of the recommendation shall also be forwarded to the State
60109 Board of Education after the completion o f due process procedures
61110 pursuant to Section 6-101.26 of this title or af ter the teacher
62111 resigns. Failure to forward a copy of the recommendation to the
63112 State Board of Education shall not be the basis fo r any claim or
64113 action against a public school, its b oard of education, employees,
65114 agents or other representatives. If the sc hool district forwards a
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66142 copy of the recommendation to the State Board of Education, the
67143 school district shall contemporaneously forward a copy to the
68144 teacher subject to such recommen dation. The teacher may provide
69145 supplementary information to the State B oard of Education.
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71146 C. Only school district s may request a copy of the
72147 recommendation from the State Board of Education, and only i f a
73148 teacher is being considere d for new employment o r a teacher is
74149 currently employed by the requesting school district. The State
75150 Board of Education shall notify the teacher subject to the
76151 recommendation if such a request is made and provide the identity of
77152 the school district that m ade such request. The State Board of
78153 Education shall provide the requesting school district do cuments
79154 related to the recommendation as we ll as any supplementary
80155 information provided by the teacher subject to the recommendatio n,
81156 and copies shall be contemp oraneously forwarded t o the teacher
82157 subject to the recommendation. Records provided to a reque sting
83158 school district pursuant to this subs ection shall be kept
84159 confidential.
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86160 D. Except as provided for in sub section C of this section, the
87161 State Board of Education shall keep recom mendations submitted
88162 pursuant to subsection B of this section confidentia l. Records
89163 created pursuant to this sectio n shall not be subject to disclosure
90164 under the Oklahoma Open Records Act.
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92192 E. If the State Board of Education or a sch ool district that
93193 generated or received documents pursuant to subsection C of this
94194 section is served a subpoena requesting disclosure of t he documents,
95195 the teacher subject to the recommendation shall immedi ately be
96196 notified and be provided the opportunity to object to the subpo ena.
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98-Passed the House of Representatives the 7th day of March, 2023.
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103- Presiding Officer of the House
104- of Representatives
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107-Passed the Senate the 19th day of March, 2024.
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112- Presiding Officer of th e Senate
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115-OFFICE OF THE GOVERNOR
116-Received by the Office of the Govern or this ____________________
117-day of ___________________, 20_______, at _______ o'clock _______ M.
118-By: _________________________________
119-Approved by the Governor of the State of Oklahoma this _____ ____
120-day of ___________________, 20_______, at _______ o'clo ck _______ M.
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123- _________________________________
124- Governor of the State of Oklahoma
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126-OFFICE OF THE SECRETARY OF STATE
127-Received by the Office of the Secretary of State this __________
128-day of ___________________, 20_______, at _______ o'clock _______ M.
129-By: _________________________________
197+SECTION 2. This act shall become effective November 1, 2023.
198+COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
199+February 27, 2024 - DO PASS