Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB62 Compare Versions

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5353 STATE OF OKLAHOMA
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5555 1st Session of the 60th Legislature (2025)
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5757 SENATE BILL 62 By: Bergstrom
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6363 AS INTRODUCED
6464
6565 An Act relating to schools; amending 70 O.S. 2021,
6666 Section 3-129.11, which relates to the School
6767 District Empowerment Program; updating statutory
6868 language and references; removing language requiring
6969 participating school districts to make certain
7070 payroll deductions; removing obsolete language;
7171 amending 70 O.S. 2021, Section 5 -139, which relates
7272 to school employee payroll deductions; prohib iting
7373 school districts from making school employee payroll
7474 deductions for professional organization dues and
7575 political contributions; providing an effective date;
7676 and declaring an emergency .
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8181 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
8282 SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -129.11, is
8383 amended to read as follows:
8484 Section 3-129.11. A. There is hereby established the School
8585 District Empowerment Program which shall be administered by the
8686 State Board of Education. The purpose of the program is to empower
8787 locally elected school district board of education members to govern
8888 school districts and make decisions based on the needs of their
8989 students and circumstances.
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141141 B. 1. Subject to the provisions of this sec tion, a school
142142 district shall be allowed to submit a request to the State Board of
143143 Education for an exemption from all statutory requirements and State
144144 Board of Education rules from which charter schools are exempt, as
145145 provided for in the Oklahoma Charter Schools Act. Any request for
146146 exemption shall include a plan which outlines t he goals sought to be
147147 achieved at a minimum, include the educational and fiscal benefits ,
148148 and the anticipated impacts or outcomes the plan will have in the
149149 district.
150150 2. Within ninety (90) days after receiving the request and
151151 plan, the State Board of Education shall approve or disapprove the
152152 request. If the State Board does not approve the request, it shall
153153 provide to the school district a written explanation of the basis
154154 for its decision. The school district may resubmit an amended
155155 request at any time af ter the denial. The request shall be approved
156156 by the State Board before implementation by the school district. An
157157 approved request and plan shall be for no longer than three (3)
158158 years. Prior to the beginning of the third year, the school
159159 district may apply for renewal of the approved request and plan.
160160 The school district shall be required to submit an annual report and
161161 the State Board shall annually assess the academic achievem ent and
162162 fiscal status of the school district.
163163 C. Nothing in this section sha ll prevent a school district
164164 board of education from choosing to follow any or all state laws,
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216216 rules, or regulations from which a charter school is exempt. A
217217 school district whic h has been granted approval by the State Board
218218 for exemption as set forth in subsection B of this section shall
219219 have the option to adopt policies to implement any requirement for
220220 the school district that is consistent with any statutory
221221 requirement or, mandate, or State Board administrative rule, but a
222222 participating school shall co mply with the following requirements:
223223 1. Students who reside in the school district shall be entitled
224224 to attend school in the district as set forth in Section 1 -114 of
225225 this title;
226226 2. School districts shall comply with the requirements of the
227227 minimum salary schedule for teachers as set forth in Section 18-
228228 114.12 18-114.15 of this title;
229229 3. Employees of school districts shall continue to participate
230230 as members of the Teachers ’ Retirement System of Oklahoma as set
231231 forth in Section 17-101 et seq. of this tit le;
232232 4. School districts shall comply with the requirement to
233233 provide a health insurance plan for school district employees as set
234234 forth in Section 5-117.5 of this title and to es tablish or make
235235 available to school district employees a cafeteria plan as set forth
236236 in Section 26-104 of this title;
237237 5. School districts shall require any person employed by the
238238 school district to file with the district board of education a
239239 current Oklahoma criminal history record check from the Oklahoma
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291291 State Bureau of Investiga tion as well as a national criminal history
292292 record check as defined in Section 150.9 of Title 74 of the Oklahoma
293293 Statutes. Each district shall adopt a policy regarding criminal
294294 history record checks as set forth in Section 5 -142 of this title;
295295 6. School districts shall comply with the requirement to
296296 evaluate teachers and to train personnel designated to conduct
297297 personnel evaluations as set forth in Sections 6 -101.10 and 6-101.11
298298 of this title, the dismissal and due process procedures for
299299 administrators as set forth in Sections 6 -101.13 through 6-101.15 of
300300 this title and the due process procedures for teachers as set forth
301301 in Sections 6-101.21 through 6-101.26 of this title;
302302 7. School districts shall comply with the requirement to make
303303 payroll deductions for either or both professional organization dues
304304 and political contributions upon the request of an employee as set
305305 forth in Section 5-139 of this title;
306306 8. School districts shal l comply with the dismissal and due
307307 process procedures for education support employees as set forth in
308308 Sections 6-101.40 through 6-101.47 of this title;
309309 9. 8. School districts shall employ as teachers, counselors,
310310 librarians, school nurses, superintendent s, principals, supervisors ,
311311 or any other instructional, supervisory , or administrative employee
312312 only those persons who are certified by the State Board of Education
313313 in accordance with the Oklahoma Teacher Preparation Act, except for
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365365 persons exempt from the certification requirements as otherwise
366366 provided by law;
367367 10. 9. School districts shall provide for negotiations between
368368 school employees and school districts as set forth in Sections 509.1
369369 through 509.11 of this title;
370370 11. 10. School districts shall be required to offer and
371371 students enrolled in the school district shall be required to
372372 complete the curriculum requirements as set forth in Section 11 -
373373 103.6 of this title;
374374 12. Students enrolled in the school district shall be required
375375 to demonstrate mastery of the state academic content standards as
376376 set forth in Section 1210.523 of t his title; and
377377 13. 11. Members of the school district board of education shall
378378 be required to satisfy the instruction and continuing education
379379 requirements as set forth in Sectio ns 5-110, 5-110.1, and 5-110.2 of
380380 this title.
381381 SECTION 2. AMENDATORY 70 O.S. 2021, Section 5 -139, is
382382 amended to read as follows:
383383 Section 5-139. School districts shall make be prohibited from
384384 making payroll deductions for either or both professional
385385 organization dues and political contributions at the written request
386386 of any school employee and shall transmit deducted funds to the
387387 organization designated by the school district employee. Such
388388 deductions shall be on a ten -month basis unless otherwise designated
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440440 by the employee organization. However, a school employee may
441441 request at any time in writing, including by email or fax, for the
442442 school district to immediately terminate or initiate payroll
443443 deductions to a professional organizat ion. Upon receipt of any
444444 written request, the school district shall within f ive (5) business
445445 days or by the next pay period, whichever is earlier, terminate or
446446 initiate any future payroll deductions of the requesting school
447447 employee to a professional orga nization. Upon receipt of a written
448448 request, the school district shall notify the professional
449449 organization of the initiation or termination of payroll deductions
450450 within fifteen (15) business days. If the request is to terminate a
451451 deduction, the school d istrict shall not make any advance payments
452452 to any professional organization of any future dues on behalf of the
453453 school employee. No school district policy or negotiated agreement
454454 shall place any other conditions or requirements, including but not
455455 limited to personal hand delivery, upon any employee to initiate or
456456 terminate any payroll deduction to a professional organization
457457 except for a written request as outlined in this section. Any
458458 school district policy or provision in a negotiated agreement that
459459 places additional conditions or requirements on initiation or
460460 termination beyond those outlined in this section shall be null and
461461 void. A school district which fails to terminate payroll deductions
462462 for an employee in accordance with this section shall immed iately
463463 reimburse the employee the amount of all payroll deductions made by
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515515 the school district after the employee ’s request, and the amount due
516516 the employee shall double every thirty (30) days until paid in full .
517517 SECTION 3. This act shall become effective July 1, 2025.
518518 SECTION 4. It being immediate ly necessary for the preservation
519519 of the public peace, health, or safety, an emergency is hereby
520520 declared to exist, by reason whereof this act shall take effect and
521521 be in full force from and after its passage and approval.
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523523 60-1-570 EB 12/18/2024 4:27:29 PM