1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1761 By: Manger |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending Section 1, |
| Chapter 135, O.S.L. 2022 (70 O.S. Supp. 2022, Section |
8| 509.12), which relates to employee associations; |
| requiring school employee on certain leave to receive |
9| pay and maintain certain benefits; directing payment |
| or reimbursement from association; providing for |
10| certain advancement and accrual; authorizing return |
| to service upon end of leave; deleting requirement to |
11| not recognize certain employee associations; and |
| providing an effective date. |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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16| SECTION 1. AMENDATORY Section 1, Chapter 135, O.S.L. |
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17|2022 (70 O.S. Supp. 2022, Section 509.12), is amended to read as |
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18|follows: |
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19| Section 509.12 A. A school district board of education may |
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20|approve a request from a school district employee for a leave of |
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21|absence to hold office as an officer, director, trustee, or agent of |
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22|a national, statewide, or school district employee association. The |
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23|employee requesting the leave shall provide the school district |
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24|superintendent with proof of election and proof of the term of |
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Req. No. 6673 Page 1
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1|office for the national, statewide, or school district employee |
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2|association. Proof of election shall include but not be limited to |
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3|certification by the national, statewide, or school district |
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4|employee association of the date of the election and the results of |
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5|the election. Board of education approval for leave requested |
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6|pursuant to this section shall have definitive beginning and end |
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7|dates. |
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8| B. Leave granted pursuant to this section shall be leave |
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9|without pay. The school employee on leave shall not receive pay and |
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10|be entitled to maintain any all benefits and associated service |
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11|credits granted by the school district regardless of whether the |
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12|benefit is which shall be paid or reimbursed by the employee on |
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13|leave or the association for which the person is serving as an |
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14|officer, director, trustee, or agent. |
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15| C. During the leave period, the school employee's position with |
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16|the school district shall be maintained without including |
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17|advancement on the minimum salary schedule adopted pursuant to |
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18|Section 5-141 of Title 70 of the Oklahoma Statutes and with no |
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19|accrual of sick leave, personal business leave, or and personal |
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20|leave. The employee on leave shall not accumulate service credit |
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21|within the Teachers' Retirement System of Oklahoma. Following the |
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22|term of leave granted pursuant to the provisions of this section, |
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23|the employee granted leave may return to his or her former position |
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24|or a comparable position. |
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1| D. A school district employee granted leave pursuant to the |
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2|provisions of this section shall be prohibited from accessing school |
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3|district office space. |
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4| E. If a national, statewide, or school district employee |
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5|association that serves as a school district employee organization |
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6|established pursuant to Section 509.2 of Title 70 of the Oklahoma |
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7|Statutes fails to comply with the provisions of this section, the |
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8|school district board of education shall no longer recognize the |
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9|organization as a representative of employees.
