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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (202 4)
HOUSE BILL 3920 By: Caldwell (Chad)
AS INTRODUCED
An Act relating to school employee liability
insurance; creating the Educators ' Professional
Liability Insurance Program; defini ng eligible
employees; requiring certain coverage for employees;
directing Office of Management and Enterprise
Services (OMES) to administer program and promulgate
rules; authorizing OMES to contract for private
insurance or create self-insured risk pool; requiring
competitive process for selecting insurer; directing
Legislature to appropriate certain funds; requiring
certain notification; construing section; providing
for codification; and providing an effective date .
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 26-201 of Title 70, unless there
is created a duplication in numbering, re ads as follows:
A. There is hereby cr eated the Educators' Professional
Liability Insurance Program for all employees, including full -time
and part-time personnel of pu blic schools, as defined in Section 1 -
106 of Title 70 of the Oklahoma Statutes, and char ter schools, as
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defined in subsection D of Section 3-132 of Title 70 of the Oklahoma
Statutes.
B. The program shall provide liability coverage for employees
up to Two Million Dollars ($2,000,000.00) in coverage per
occurrence.
C. The program shall be ad ministered by the Office of
Management and Enterprise Services (OMES). OMES shall promulgate
rules to implement the Educators' Professional Liability Insurance
Program.
D. OMES shall be authoriz ed to contract liability insurance
from a licensed insurer, to create a self-insured risk pool, or to
use a combination of both.
E. The insurance carrier providing any portion of liability
coverage required by this section shall be selected by a competitive
process.
F. The Legislature shall provide an annual appr opriation to
cover the costs and any as sociated premiums for the program.
G. Each school district shall annually notify, in writing,
eligible employees about the coverage provided by the Educators '
Professional Liability Insurance Program.
H. OMES and the State Department of Education shall n otify, in
writing, all eligible employees about the Educators ' Professional
Liability Insurance Program. The notice shall specifically inform
employees that coverage is provi ded automatically as part of their
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employment. The notice shall be given upon hi ring and annually
thereafter.
I. Nothing in this section shall be construed to exempt a
school district from any current obligations or duties nor amend or
alter the Governmental Tort Claims Act in Sections 151 throug h 172
of Title 51 of the Oklahoma Stat utes.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9168 EK 01/05/24