1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 1452 By: Provenzano | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to teachers; amending 70 O.S. 2021, | | Section 6-101, which relates to teacher contracts; | 8| requiring teacher contract length to be duration of | | the current fiscal year; mandating teacher contract | 9| length for ensuing year to be duration of the ensuing | | year; establishing contract length for teachers who | 10| are not certified; and providing an effective date. | | | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-101, is | | | 15|amended to read as follows: | | | 16| Section 6-101. A. Except as provided in subsection E of this | | | 17|section, no person shall be permitted to teach in any school | | | 18|district of the state without a written contract, for the duration | | | 19|of the current fiscal year, except as provided herein for substitute | | | 20|teachers and except teachers of classes in adult education. Except | | | 21|as provided in subsection J of this section, the board of education | | | 22|of each school district, wherein school is expected to be conducted | | | 23|for the ensuing year, shall employ and contract in writing, for the | | | 24|duration of the current fiscal year, with qualified teachers for and | | | Req. No. 6109 Page 1 ___________________________________________________________________________
1|in the name of the district. One copy of the contract shall be | | | 2|filed with the clerk of the board of education and one copy shall be | | | 3|retained by the teacher. | | | 4| B. Except as otherwise provided by subsections J and K of this | | | 5|section and any other law, no board of education shall have | | | 6|authority to enter into any written contract with a teacher who does | | | 7|not hold an Oklahoma criminal history record check as required by | | | 8|Section 6-190 of this title and who does not hold a valid | | | 9|certificate issued or recognized by the State Board of Education | | | 10|authorizing the teacher to teach the grades or subject matter for | | | 11|which the teacher is employed. Any board of education paying or | | | 12|authorizing the payment of the salary of any teacher not holding a | | | 13|certificate, as required herein, shall be adjudged to be guilty of a | | | 14|fraudulent expenditure of public funds and members voting for such | | | 15|payment shall be held jointly responsible for the return of the | | | 16|amount of any public monies thus expended, upon suit brought by the | | | 17|district attorney or by any interested citizen in the district where | | | 18|such funds have been expended. | | | 19| C. It shall be the duty of the superintendent of schools under | | | 20|whose supervision teachers have been contracted to teach to certify | | | 21|to the treasurer of the contracting district the names of the | | | 22|teachers holding valid certificates and student teachers with whom | | | 23|contracts have been made and the names of substitute teachers | | | 24|employed in accordance with law. The treasurer shall not register | | | Req. No. 6109 Page 2 ___________________________________________________________________________
1|any warrant issued in payment of salary to any teacher whose name is | | | 2|not included in such list and shall be liable on the official bond | | | 3|for the treasurer for the amount of any warrant registered in | | | 4|violation of the provisions of this section. | | | 5| D. Whenever any person shall enter into a contract with any | | | 6|school district in Oklahoma to teach in such school district the | | | 7|contract shall be binding on the teacher and on the board of | | | 8|education until the teacher legally has been discharged from the | | | 9|teaching position or released by the board of education from the | | | 10|contract. Except as provided in Section 5-106A of this title, until | | | 11|such teacher has been thus discharged or released, the teacher shall | | | 12|not have authority to enter into a contract with any other board of | | | 13|education in Oklahoma for the same time covered by the original | | | 14|contract. If upon written complaint by the board of education in a | | | 15|district any teacher is reported to have failed to obey the terms of | | | 16|the contract previously made and to have entered into a contract | | | 17|with another board of education without having been released from | | | 18|the former contract except as provided in Section 5-106A of this | | | 19|title, the teacher, upon being found guilty of such charge at a | | | 20|hearing held before the State Board of Education, shall have such | | | 21|teacher's certificate suspended for the remainder of the term for | | | 22|which the contract was made. | | | 23| E. A board of education shall have authority to enter into | | | 24|written contracts with teachers for the ensuing fiscal year prior to | | | Req. No. 6109 Page 3 ___________________________________________________________________________
1|the beginning of such year. The contract length for an ensuing | | | 2|fiscal year shall be for the duration of the ensuing fiscal year. | | | 3|If, prior to the first Monday in June, a board of education has not | | | 4|entered into a written contract with a regularly employed teacher or | | | 5|notified the teacher in writing by registered or certified mail that | | | 6|a recommendation has been made not to reemploy the teacher for the | | | 7|ensuing fiscal year, and if, by fifteen (15) days after the first | | | 8|Monday in June, such teacher has not notified the board of education | | | 9|in writing by registered or certified mail that such teacher does | | | 10|not desire to be reemployed in such school district for the ensuing | | | 11|year, such teacher shall be considered as employed on a continuing | | | 12|contract basis and on the same salary schedule used for other | | | 13|teachers in the school district for the ensuing fiscal year, and | | | 14|such employment and continuing contract shall be binding on the | | | 15|teacher and on the school district. | | | 16| F. Whenever a school district is engaged in contract | | | 17|negotiations with teachers employed by that school district after | | | 18|the school year has begun and the teachers are employed on a | | | 19|continuing contract basis, the school district shall, beginning at | | | 20|the first of the school year, pay the teachers any state-mandated | | | 21|salary increases and salary schedule increases to which each teacher | | | 22|is otherwise entitled. | | | 23| G. No school district or any member of the board of education | | | 24|of a district shall be liable for the payment of compensation to a | | | Req. No. 6109 Page 4 ___________________________________________________________________________
1|teacher or administrator under the provisions of any contract for | | | 2|the ensuing year, if it becomes necessary to close the school | | | 3|because of insufficient attendance, disorganization, annexation, | | | 4|consolidation, or by dispensing with the school according to law, | | | 5|provided, such cause is known or action is taken prior to July 1 of | | | 6|such ensuing year. | | | 7| H. No school district or any member of a board of education | | | 8|shall be liable for the payment of compensation to any teacher or | | | 9|administrator for the unexpired term of any contract if the school | | | 10|building to which the teacher or administrator has been assigned is | | | 11|destroyed by accident, storm, fire, or otherwise and it becomes | | | 12|necessary to close the school because of inability to secure a | | | 13|suitable building or buildings for continuation of school. Teachers | | | 14|and administrators shall be entitled to pay for any time lost when | | | 15|school is closed on account of epidemics or otherwise when an order | | | 16|for such closing has been issued by a health officer authorized by | | | 17|law to issue the order. | | | 18| I. A teacher may contract with more than one school district | | | 19|for the same school year as provided in Section 5-106A of this | | | 20|title. | | | 21| J. A board of education shall have authority to enter into | | | 22|written contracts for the ensuing fiscal year prior to the beginning | | | 23|of the year with persons who are not certified to teach by the State | | | 24|Board of Education as long as the person is actively in the process | | | Req. No. 6109 Page 5 ___________________________________________________________________________
1|of securing certification. The contract length for an ensuing | | | 2|fiscal year shall be for the duration of the ensuing fiscal year. | | | 3|The person shall not be allowed to teach in a classroom until the | | | 4|person has met or completed all of the requirements for | | | 5|certification as provided for in Section 6-190 of this title. If | | | 6|the person has not obtained valid certification by the first day of | | | 7|the ensuing school year, the contract shall be terminated. | | | 8| K. A board of education of a school district shall have the | | | 9|authority to enter into written contracts for employment for the | | | 10|ensuing fiscal year with persons who are student teachers as defined | | | 11|in Section 1-116 of this title while such persons are still student | | | 12|teachers. A student teacher shall not be allowed to teach in a | | | 13|classroom during the ensuing fiscal year until meeting or completing | | | 14|all of the requirements for certification as provided for in Section | | | 15|6-190 of this title. If the student teacher has not obtained valid | | | 16|certification by the first day of the ensuing school year, the | | | 17|contract shall be terminated. A board of education of a school | | | 18|district shall have the authority to commit to payment of a stipend | | | 19|or signing bonus to a student teacher as defined in Section 1-116 of | | | 20|this title while that person is still a student teacher, if that | | | 21|person has entered into a written contract for employment for the | | | 22|ensuing fiscal year. A board of education shall make any such | | | 23|student teacher stipend or signing bonus conditional on such person | | | 24|fulfilling the first year of his or her contract for the ensuing | | | Req. No. 6109 Page 6 ___________________________________________________________________________
1|fiscal year. Any stipend or signing bonus paid under the terms of | | | 2|this subsection shall not be considered compensation for purposes of | | | 3|teacher retirement or the minimum salary schedule. | | | 4| L. A teacher whose certificate was suspended by the State Board | | | 5|of Education pursuant to Section 3-104 of this title and Sections | | | 6|314 and 314.1 of Title 75 of the Oklahoma Statutes shall be placed | | | 7|on suspension pursuant to the provisions of Section 6-101.29 of this | | | 8|title while proceedings for revocation or other action are pending | | | 9|before the State Board of Education. The provisions of this | | | 10|subsection shall not preclude the initiation of due process | | | 11|procedures in accordance with Section 6-101.20 et. seq of this | | | 12|title. | | | 13| SECTION 2. This act shall become effective November 1, 2023. | | | 14| | | | 15| 59-1-6109 EK 12/28/22 | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 6109 Page 7