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3 | + | SENATE FLOOR VERSION - HB2260 SFLR Page 1 | |
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29 | + | SENATE FLOOR VERSION | |
30 | + | February 27, 2024 | |
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33 | + | ENGROSSED HOUSE | |
3 | 34 | BILL NO. 2260 By: Sterling and Wallace of the | |
4 | 35 | House | |
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6 | 37 | and | |
7 | 38 | ||
8 | 39 | Floyd and Jett of the | |
9 | 40 | Senate | |
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16 | 45 | An Act relating to schools; amending 70 O.S. 2021, | |
17 | 46 | Section 6-101.25, which relates to recommendations of | |
18 | 47 | 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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27 | 55 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : | |
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29 | 56 | SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-101.25, is | |
30 | 57 | amended to read as follows: | |
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32 | 58 | Section 6-101.25 A. Whenever a superintendent decides to | |
33 | 59 | recommend that a teacher employed within the school district be | |
34 | 60 | dismissed or not ree mployed, the superintendent shall state the | |
35 | 61 | recommendation in writing, setting forth the basis for the | |
36 | 62 | recommendation, and shall submit such recommendation to the board of | |
37 | 63 | education. | |
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39 | 91 | If the teacher subject to such recommendation is a career | |
40 | 92 | teacher, the recommendation shall specify the statutory grounds for | |
41 | 93 | which the recommendation is based. | |
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43 | 94 | If the teacher subject to such r ecommendation is a probationary | |
44 | 95 | teacher, the recommendation shall s pecify the cause for which the | |
45 | 96 | recommendation is based. | |
46 | - | ENR. H. B. NO. 2260 Page 2 | |
47 | 97 | The superintendent shall also specify the underlying facts | |
48 | 98 | supporting the recommendation. | |
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50 | 99 | B. If the recommendation includes grounds that could form the | |
51 | 100 | basis of criminal charges sufficient to result in the denial or | |
52 | 101 | revocation of a certificate for a reason set forth i n subparagraph a | |
53 | 102 | of paragraph 6 of subsection A of Section 3-104 of this title, or if | |
54 | 103 | the recommendation includes a reason set forth in subparagraph a of | |
55 | 104 | paragraph 6 of subsection A of Section 3-104 of this title and is | |
56 | 105 | based on an agreement between the teacher and schoo l district to | |
57 | 106 | avoid civil litigation or a settlement of a civil action un less the | |
58 | 107 | court orders the terms of such settlement to be kept confidential , a | |
59 | 108 | copy of the recommendation shall also be forwarded to the State | |
60 | 109 | Board of Education after the completion o f due process procedures | |
61 | 110 | pursuant to Section 6-101.26 of this title or af ter the teacher | |
62 | 111 | resigns. Failure to forward a copy of the recommendation to the | |
63 | 112 | State Board of Education shall not be the basis fo r any claim or | |
64 | 113 | action against a public school, its b oard of education, employees, | |
65 | 114 | agents or other representatives. If the sc hool district forwards a | |
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66 | 142 | copy of the recommendation to the State Board of Education, the | |
67 | 143 | school district shall contemporaneously forward a copy to the | |
68 | 144 | teacher subject to such recommen dation. The teacher may provide | |
69 | 145 | supplementary information to the State B oard of Education. | |
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71 | 146 | C. Only school district s may request a copy of the | |
72 | 147 | recommendation from the State Board of Education, and only i f a | |
73 | 148 | teacher is being considere d for new employment o r a teacher is | |
74 | 149 | currently employed by the requesting school district. The State | |
75 | 150 | Board of Education shall notify the teacher subject to the | |
76 | 151 | recommendation if such a request is made and provide the identity of | |
77 | 152 | the school district that m ade such request. The State Board of | |
78 | 153 | Education shall provide the requesting school district do cuments | |
79 | 154 | related to the recommendation as we ll as any supplementary | |
80 | 155 | information provided by the teacher subject to the recommendatio n, | |
81 | 156 | and copies shall be contemp oraneously forwarded t o the teacher | |
82 | 157 | subject to the recommendation. Records provided to a reque sting | |
83 | 158 | school district pursuant to this subs ection shall be kept | |
84 | 159 | confidential. | |
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86 | 160 | D. Except as provided for in sub section C of this section, the | |
87 | 161 | State Board of Education shall keep recom mendations submitted | |
88 | 162 | pursuant to subsection B of this section confidentia l. Records | |
89 | 163 | created pursuant to this sectio n shall not be subject to disclosure | |
90 | 164 | under the Oklahoma Open Records Act. | |
91 | - | ENR. H. B. NO. 2260 Page 3 | |
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92 | 192 | E. If the State Board of Education or a sch ool district that | |
93 | 193 | generated or received documents pursuant to subsection C of this | |
94 | 194 | section is served a subpoena requesting disclosure of t he documents, | |
95 | 195 | the teacher subject to the recommendation shall immedi ately be | |
96 | 196 | notified and be provided the opportunity to object to the subpo ena. | |
97 | - | ENR. H. B. NO. 2260 Page 4 | |
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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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 | |
125 | - | ||
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 |