Bill Text For SB0063 - Engrossed

 1|ENGROSSED SENATE                                                       |
  |BILL NO. 63                          By: Standridge of the Senate      |
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  |                                         Marti of the House            |
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 6|       [ teachers - teacher contracts - provisions -                   |
  |       effective date -                           emergency ]          |
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10|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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11|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 6-101, as      |
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12|last amended by Section 1, Chapter 323, O.S.L. 2016 (70 O.S. Supp.     |
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13|2018, Section 6-101), is amended to read as follows:                   |
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14|    Section 6-101.  A.  Except as provided in subsection E of this     |
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15|section, no person shall be permitted to teach in any school           |
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16|district of the state without a written contract, except as provided   |
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17|herein for substitute teachers and except teachers of classes in       |
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18|adult education.  Except as provided in subsection J of this           |
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19|section, the board of education of each school district, wherein       |
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20|school is expected to be conducted for the ensuing year, shall         |
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21|employ and contract in writing with qualified teachers for and in      |
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22|the name of the district.  One copy of the contract shall be filed     |
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23|with the clerk of the board of education and one copy shall be         |
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24|retained by the teacher.                                               |
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arsid8677823 ENGR. S. B. NO. 63                                    Page 1
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 1|    B.  Except as otherwise provided by subsections J and K of this    |
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 2|section and any other law, no board of education shall have            |
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 3|authority to enter into any written contract with a teacher who does   |
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 4|not hold a valid certificate issued or recognized by the State Board   |
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 5|of Education authorizing said such teacher to teach the grades or      |
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 6|subject matter for which the teacher is employed.  Any board of        |
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 7|education paying or authorizing the payment of the salary of any       |
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 8|teacher not holding a certificate, as required herein, shall be        |
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 9|adjudged to be guilty of a fraudulent expenditure of public funds      |
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10|and members voting for such payment shall be held jointly              |
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11|responsible for the return of the amount of any public monies thus     |
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12|expended, upon suit brought by the district attorney or by any         |
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13|interested citizen in the district where such funds have been          |
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14|expended.                                                              |
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15|    C.  It shall be the duty of the superintendent of schools under    |
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16|whose supervision teachers have been contracted to teach to certify    |
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17|to the treasurer of the contracting district the names of the          |
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18|teachers holding valid certificates and student teachers with whom     |
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19|contracts have been made and the names of substitute teachers          |
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20|employed in accordance with law.  The treasurer shall not register     |
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21|any warrant issued in payment of salary to any teacher whose name is   |
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22|not included in such list and shall be liable on the official bond     |
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23|for the treasurer for the amount of any warrant registered in          |
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24|violation of the provisions of this section.                           |
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arsid8677823 ENGR. S. B. NO. 63                                    Page 2
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 1|    D.  Whenever any person shall enter into a contract with any       |
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 2|school district in Oklahoma to teach in such school district the       |
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 3|contract shall be binding on the teacher and on the board of           |
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 4|education until the teacher legally has been discharged from the       |
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 5|teaching position or released by the board of education from the       |
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 6|contract.  Except as provided in Section 5-106A of this title, until   |
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 7|such teacher has been thus discharged or released, the teacher shall   |
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 8|not have authority to enter into a contract with any other board of    |
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 9|education in Oklahoma for the same time covered by the original        |
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10|contract.  If upon written complaint by the board of education in a    |
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11|district any teacher is reported to have failed to obey the terms of   |
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12|the contract previously made and to have entered into a contract       |
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13|with another board of education without having been released from      |
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14|the former contract except as provided in Section 5-106A of this       |
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15|title, the teacher, upon being found guilty of such charge at a        |
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16|hearing held before the State Board of Education, shall have such      |
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17|teacher's certificate suspended for the remainder of the term for      |
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18|which the contract was made.                                           |
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19|    E.  1.  A board of education shall have authority to enter into    |
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20|written contracts with teachers for the ensuing fiscal year prior to   |
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21|the beginning of such year.  If, prior to the first Monday in June,    |
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22|a board of education has not entered into a written contract with a    |
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23|regularly employed teacher or notified the teacher in writing by       |
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24|registered or certified mail that a recommendation has been made not   |
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arsid8677823 ENGR. S. B. NO. 63                                    Page 3
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 1|to reemploy the teacher for the ensuing fiscal year, and if, by        |
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 2|fifteen (15) days after the first Monday in June, such teacher has     |
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 3|not notified the board of education in writing by registered or        |
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 4|certified mail that such teacher does not desire to be reemployed in   |
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 5|such school district for the ensuing year, such teacher shall be       |
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 6|considered as employed on a continuing contract basis and on the       |
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 7|same salary schedule used for other teachers in the school district    |
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 8|for the ensuing fiscal year, and such employment and continuing        |
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 9|contract shall be binding on the teacher and on the school district.   |
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10|    2.  A board of education shall have the authority to enter into    |
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11|written contracts with teachers for a period of up to three (3)        |
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12|fiscal years, subject to the provisions of this section.  The          |
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13|provisions of this paragraph shall not apply to written contracts      |
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14|with teachers whose duties include teaching and coaching               |
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15|extracurricular activities.                                            |
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16|    F.  Whenever a school district is engaged in contract              |
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17|negotiations with teachers employed by that school district after      |
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18|the school year has begun and the teachers are employed on a           |
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19|continuing contract basis, the school district shall, beginning at     |
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20|the first of the school year, pay the teachers any state-mandated      |
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21|salary increases and salary schedule increases to which each teacher   |
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22|is otherwise entitled.                                                 |
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23|    G.  No school district or any member of the board of education     |
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24|of a district shall be liable for the payment of compensation to a     |
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arsid8677823 ENGR. S. B. NO. 63                                    Page 4
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 1|teacher or administrator under the provisions of any contract for      |
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 2|the ensuing year, if it becomes necessary to close the school          |
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 3|because of insufficient attendance, disorganization, annexation,       |
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 4|consolidation, or by dispensing with the school according to law,      |
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 5|provided, such cause is known or action is taken prior to July 1 of    |
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 6|such ensuing year.                                                     |
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 7|    H.  No school district or any member of a board of education       |
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 8|shall be liable for the payment of compensation to any teacher or      |
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 9|administrator for the unexpired term of any contract if the school     |
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10|building to which the teacher or administrator has been assigned is    |
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11|destroyed by accident, storm, fire, or otherwise and it becomes        |
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12|necessary to close the school because of inability to secure a         |
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13|suitable building or buildings for continuation of school.  Teachers   |
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14|and administrators shall be entitled to pay for any time lost when     |
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15|school is closed on account of epidemics or otherwise when an order    |
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16|for such closing has been issued by a health officer authorized by     |
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17|law to issue the order.                                                |
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18|    I.  A teacher may contract with more than one school district      |
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19|for the same school year as provided in Section 5-106A of this         |
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20|title.                                                                 |
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21|    J.  A board of education shall have authority to enter into        |
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22|written contracts for the ensuing fiscal year prior to the beginning   |
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23|of the year with persons who are not certified to teach by the State   |
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24|Board of Education as long as the person is actively in the process    |
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arsid8677823 ENGR. S. B. NO. 63                                    Page 5
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 1|of securing certification.  The person shall not be allowed to teach   |
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 2|in a classroom until the person has met or completed all of the        |
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 3|requirements for certification as provided for in Section 6-190 of     |
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 4|this title.  If the person has not obtained valid certification by     |
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 5|the first day of the ensuing school year, the contract shall be        |
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 6|terminated.                                                            |
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 7|    K.  A board of education of a school district shall have the       |
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 8|authority to enter into written contracts for employment for the       |
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 9|ensuing fiscal year with persons who are student teachers as defined   |
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10|in Section 1-116 of this title while such persons are still student    |
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11|teachers.  A student teacher shall not be allowed to teach in a        |
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12|classroom during the ensuing fiscal year until meeting or completing   |
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13|all of the requirements for certification as provided for in Section   |
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14|6-190 of this title.  If the student teacher has not obtained valid    |
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15|certification by the first day of the ensuing school year, the         |
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16|contract shall be terminated.  A board of education of a school        |
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17|district shall have the authority to commit to payment of a stipend    |
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18|or signing bonus to a student teacher as defined in Section 1-116 of   |
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19|this title while that person is still a student teacher, if that       |
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20|person has entered into a written contract for employment for the      |
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21|ensuing fiscal year.  A board of education shall make any such         |
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22|student teacher stipend or signing bonus conditional on such person    |
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23|fulfilling the first year of their contract for the ensuing fiscal     |
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24|year.  Any stipend or signing bonus paid under the terms of this       |
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arsid8677823 ENGR. S. B. NO. 63                                    Page 6
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 1|subsection shall not be considered compensation for purposes of        |
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 2|teacher retirement or the minimum salary schedule.                     |
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 3|    SECTION 2.  This act shall become effective July 1, 2019.          |
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 4|    SECTION 3.  It being immediately necessary for the preservation    |
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 5|of the public peace, health or safety, an emergency is hereby          |
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 6|declared to exist, by reason whereof this act shall take effect and    |
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 7|be in full force from and after its passage and approval.              |
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 8|    Passed the Senate the 12th day of March, 2019.                     |
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  |                                    Presiding Officer of the Senate    |
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12|    Passed the House of Representatives the ____ day of __________,    |
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13|2019.                                                                  |
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  |                                     Presiding Officer of the House    |
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arsid8677823 ENGR. S. B. NO. 63                                    Page 7
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