1|ENGROSSED HOUSE | |BILL NO. 2260 By: Sterling and Wallace of the | 2| House | | | 3| and | | | 4| Floyd of the Senate | | | 5| | | | 6| | | | 7| | | | 8| An Act relating to schools; amending 70 O.S. 2021, | | Section 6-101.25, which relates to recommendations of | 9| the superintendent; including additional situations | | related to certain recommendations for revoking | 10| licenses may be made; describing said situations; 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 6-101.25, is | | | 15|amended to read as follows: | | | 16| Section 6-101.25 A. Whenever a superintendent decides to | | | 17|recommend that a teacher employed within the school district be | | | 18|dismissed or not reemployed, the superintendent shall state the | | | 19|recommendation in writing, setting forth the basis for the | | | 20|recommendation, and shall submit such recommendation to the board of | | | 21|education. | | | 22| If the teacher subject to such recommendation is a career | | | 23|teacher, the recommendation shall specify the statutory grounds for | | | 24|which the recommendation is based. | | | arsid2886494 ENGR. H. B. NO. 2260 Page 1 ___________________________________________________________________________
1| If the teacher subject to such recommendation is a probationary | | | 2|teacher, the recommendation shall specify the cause for which the | | | 3|recommendation is based. | | | 4| The superintendent shall also specify the underlying facts | | | 5|supporting the recommendation. | | | 6| B. If the recommendation includes grounds that could form the | | | 7|basis of criminal charges sufficient to result in the denial or | | | 8|revocation of a certificate for a reason set forth in subparagraph a | | | 9|of paragraph 6 of subsection A of Section 3-104 of this title, or if | | | 10|the recommendation includes a reason set forth in subparagraph a of | | | 11|paragraph 6 of subsection A of Section 3-104 of this title and is | | | 12|based on an agreement between the teacher and school district to | | | 13|avoid civil litigation or a settlement of a civil action unless the | | | 14|court orders the terms of such settlement to be kept confidential, a | | | 15|copy of the recommendation shall also be forwarded to the State | | | 16|Board of Education after the completion of due process procedures | | | 17|pursuant to Section 6-101.26 of this title or after the teacher | | | 18|resigns. Failure to forward a copy of the recommendation to the | | | 19|State Board of Education shall not be the basis for any claim or | | | 20|action against a public school, its board of education, employees, | | | 21|agents or other representatives. If the school district forwards a | | | 22|copy of the recommendation to the State Board of Education, the | | | 23|school district shall contemporaneously forward a copy to the | | | 24| | | | arsid2886494 ENGR. H. B. NO. 2260 Page 2 ___________________________________________________________________________
1|teacher subject to such recommendation. The teacher may provide | | | 2|supplementary information to the State Board of Education. | | | 3| C. Only school districts may request a copy of the | | | 4|recommendation from the State Board of Education, and only if a | | | 5|teacher is being considered for new employment or a teacher is | | | 6|currently employed by the requesting school district. The State | | | 7|Board of Education shall notify the teacher subject to the | | | 8|recommendation if such a request is made and provide the identity of | | | 9|the school district that made such request. The State Board of | | | 10|Education shall provide the requesting school district documents | | | 11|related to the recommendation as well as any supplementary | | | 12|information provided by the teacher subject to the recommendation, | | | 13|and copies shall be contemporaneously forwarded to the teacher | | | 14|subject to the recommendation. Records provided to a requesting | | | 15|school district pursuant to this subsection shall be kept | | | 16|confidential. | | | 17| D. Except as provided for in subsection C of this section, the | | | 18|State Board of Education shall keep recommendations submitted | | | 19|pursuant to subsection B of this section confidential. Records | | | 20|created pursuant to this section shall not be subject to disclosure | | | 21|under the Oklahoma Open Records Act. | | | 22| E. If the State Board of Education or a school district that | | | 23|generated or received documents pursuant to subsection C of this | | | 24|section is served a subpoena requesting disclosure of the documents, | | | arsid2886494 ENGR. H. B. NO. 2260 Page 3 ___________________________________________________________________________
1|the teacher subject to the recommendation shall immediately be | | | 2|notified and be provided the opportunity to object to the subpoena. | | | 3| SECTION 2. This act shall become effective November 1, 2023. | | | 4| Passed the House of Representatives the 7th day of March, 2023. | | | 5| | | | 6| | | Presiding Officer of the House | 7| of Representatives | | | 8| | | Passed the Senate the ___ day of __________, 2023. | 9| | | | 10| | | | 11| Presiding Officer of the Senate | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid2886494 ENGR. H. B. NO. 2260 Page 4