1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 928 By: Jett |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to school employees; defining terms; |
| providing for applicability; prohibiting public |
8| schools after certain date from recognizing certain |
| organization or association as a collective |
9| bargaining unit; prohibiting public schools after |
| certain date from collectively bargaining or entering |
10| into certain contract; providing for unenforceability |
| of certain contracts or agreements; providing certain |
11| construction; amending 70 O.S. 2021, Section 1-109, |
| which relates to the school year; removing reference |
12| to certain agreement; amending 70 O.S. 2021, Section |
| 3-127, which relates to review and comment of |
13| educational improvement plans; updating statutory |
| language; removing reference to bargaining agent; |
14| amending 70 O.S. 2021, Section 3-129.3, which relates |
| to the Empowered Schools and School Districts Act; |
15| updating statutory reference; removing references to |
| collective bargaining agreements and employee |
16| organizations; updating statutory language; amending |
| 70 O.S. 2021, Section 3-135, which relates to charter |
17| school sponsors; updating statutory language; |
| removing reference to employer-employee bargaining; |
18| amending 70 O.S. 2021, Section 5-113.1, which relates |
| to board of education members and school district |
19| employees; updating statutory language; removing |
| reference to collective bargaining agreements; |
20| amending 70 O.S. 2021, Section 5-117.5, which relates |
| to insurance for school employees; updating statutory |
21| language; removing reference to an agreement with a |
| bargaining unit; amending 70 O.S. 2021, Section |
22| 6-101.42, which relates to support employee wage |
| increase; removing reference to collective bargaining |
23| agreement; amending 70 O.S. 2021, Section 14-108.1, |
| which relates to insurance for technology center |
24| school employees; updating statutory language; |
| removing reference to an agreement with a bargaining |
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1| unit; amending 70 O.S. 2021, Section 509.11, which |
| relates to statewide professional educators' |
2| associations; removing reference to employee |
| organization and collective bargaining agreement; |
3| updating statutory language; amending 70 O.S. 2021, |
| Section 1210.544, which relates to identification of |
4| schools in need of improvement; updating statutory |
| language; removing reference to bargaining unit; |
5| repealing 70 O.S. 2021, Sections 3-129.8, 18-114.8, |
| 509.1, 509.2, 509.2a, 509.3, 509.6, 509.7, 509.8, |
6| 509.9, and 509.10, which relate to negotiations |
| between school employees and school districts; |
7| providing for codification; providing an effective |
| date; and declaring an emergency. |
8| |
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9| |
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10|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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11| SECTION 1. NEW LAW A new section of law to be codified |
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12|in the Oklahoma Statutes as Section 509 of Title 70, unless there is |
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13|created a duplication in numbering, reads as follows: |
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14| A. For the purposes of this section: |
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15| 1. "Public school employee" means a person who performs |
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16|full-time or part-time service for wages, salary, or other |
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17|renumeration for a public school and shall include all individuals |
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18|defined in Section 1-116 of Title 70 of the Oklahoma Statutes; and |
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19| 2. "Public school" means a public school district, public |
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20|charter school, or an office or department of a public school |
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21|district in this state and shall include all entities defined by |
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22|Section 1-106 of Title 70 of the Oklahoma Statutes and all entities |
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23|regulated by the State Department of Education as part of the public |
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24| |
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1|school system of the state under Section 1-105 of Title 70 of the |
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2|Oklahoma Statutes. |
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3| B. The provisions of this section shall not affect any |
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4|collective bargaining agreement in effect upon the effective date of |
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5|this act, the terms of which shall remain valid until its |
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6|expiration. |
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7| C. Subject to the provisions of subsection B of this section, |
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8|upon the effective date of this act, no public school shall: |
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9| 1. Recognize an employee organization or professional |
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10|educators' association as a collective bargaining unit of public |
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11|school employees; or |
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12| 2. Collectively bargain or enter into a collective bargaining |
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13|contract with an employee organization, professional educators' |
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14|association, or agents thereof with respect to any matter relating |
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15|to public school employees, public school employees' employment with |
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16|a public school, or public school employees' tenure with a public |
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17|school. |
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18| D. A contract or agreement entered into in violation of this |
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19|section shall be void and unenforceable. |
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20| E. The provisions of this section shall not be construed to: |
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21| 1. Prohibit public school employees from forming organizations |
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22|or associations for the purpose of promoting public school |
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23|employees' interests before a public school. A public school shall |
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24|be prohibited from denying employment or retaliating against an |
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1|individual because of his or her membership or non-membership in an |
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2|organization or association as provided for in this subsection; or |
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3| 2. Impair the right of a public school employee to present |
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4|grievances concerning wages, hours of employment, or working |
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5|conditions either individually or through a representative. |
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6| SECTION 2. AMENDATORY 70 O.S. 2021, Section 1-109, is |
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7|amended to read as follows: |
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8| Section 1-109. A. For all public schools in Oklahoma, school |
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9|shall actually be in session and classroom instruction offered: |
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10| 1. For not less than one hundred eighty (180) days; or |
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11| 2. For not less than one thousand eighty (1,080) hours each |
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12|school year, if a district board of education adopts a school-hours |
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13|policy and notifies the State Board of Education prior to October 15 |
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14|of the applicable school year; or |
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15| 3. Beginning with the 2021-2022 school year, for not less than |
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16|one thousand eighty (1,080) hours with a minimum of one hundred |
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17|sixty-five (165) days of instruction each school year, if a district |
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18|board of education adopts a school-hours policy and notifies the |
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19|State Board of Education prior to October 15 of the applicable |
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20|school year; or |
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21| 4. Beginning with the 2021-2022 school year, for not less than |
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22|one thousand eighty (1,080) hours each school year, if a district |
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23|board of education adopts a school-hours policy, notifies the State |
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24|Board of Education prior to October 15 of the applicable school year |
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1|and meets the requirements established by the State Board of |
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2|Education pursuant to subsection H of this section. |
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3| B. A school district may not count more than thirty (30) hours |
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4|each school year that are used for attendance of professional |
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5|meetings toward the one hundred eighty (180) days or one thousand |
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6|eighty (1,080) hours of classroom instruction time required in |
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7|subsection A of this section. |
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8| C. Teachers off contract with an employing district shall not |
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9|be required by the employing school district to attend professional |
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10|meetings unless the teacher is paid additional compensation for the |
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11|additional time. Teachers may be paid additional compensation for |
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12|attending professional meetings in excess of their contract term. |
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13|Subject to district board of education policy or collective |
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14|bargaining agreement, additional paid professional days may be |
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15|granted for individual teachers to attend or participate in |
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16|professional meetings, staff development training, or National Board |
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17|certification portfolio development as provided for in Section |
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18|6-204.2 of this title. |
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19| D. A school district may authorize parent-teacher conferences |
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20|to be held during a regular school day. If authorized by the school |
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21|district, parent-teacher conferences shall be counted as classroom |
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22|instruction time for no more than six (6) hours per semester, for a |
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23|total of twelve (12) hours per school year. |
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24| |
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1| E. A school district may maintain school for less than a full |
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2|school year only when conditions beyond the control of school |
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3|authorities make the maintenance of the term impossible and the |
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4|State Board of Education has been apprised and has expressed |
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5|concurrence in writing. |
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6| F. The State Board of Education shall establish criteria for an |
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7|extended-day schedule for schools subject to paragraph 1 of |
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8|subsection A of this section. The criteria shall: |
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9| 1. Prescribe a lengthened school day within limits determined |
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10|not to be detrimental to quality instruction; |
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11| 2. Ensure that the schedule is equivalent in annual hours of |
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12|instruction to the one-hundred-eighty-day school year specified in |
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13|paragraph 1 of subsection A of this section; and |
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14| 3. Be consistent with the provisions of this section and |
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15|Sections 1-111 and 1-112 of this title, but may result in fewer |
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16|annual days of instruction. |
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17| G. Notwithstanding the provisions of subsection F of this |
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18|section, a school district board of education subject to paragraph 1 |
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19|of subsection A of this section may adopt and implement an |
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20|extended-day schedule subject to the following requirements: |
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21| 1. The annual number of hours of instruction shall equal or |
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22|exceed one thousand eighty (1,080) hours, which is the equivalent of |
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23|one hundred eighty (180) days of instruction as specified in |
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24| |
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1|subsection A of this section for six (6) hours each day as specified |
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2|in Section 1-111 of this title; |
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3| 2. The annual number of days of instruction shall equal or |
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4|exceed one hundred eighty (180) days as specified in subsection A of |
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5|this section; |
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6| 3. The schedule adopted shall be consistent with the provisions |
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7|of Sections 1-111 and 1-112 of this title, except that for not more |
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8|than one (1) day per week, a school day shall consist of not less |
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9|than five (5) hours devoted to academic instruction in a regular |
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10|classroom setting; |
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11| 4. The district shall hold a public hearing prior to the |
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12|adoption of an extended-day schedule authorized pursuant to this |
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13|subsection; and |
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14| 5. The district shall document the impact on student |
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15|achievement as determined by the academic performance data score and |
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16|any other relevant factors that are a result of implementation of an |
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17|extended-day schedule authorized pursuant to this subsection and |
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18|provide an annual report to the State Board of Education of the |
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19|results. If improvement in student achievement cannot be documented |
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20|in the report, the district board of education shall revoke |
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21|authorization as provided by this subsection. If the district does |
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22|not revoke authorization after student achievement is not documented |
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23|in the report, the State Board of Education may deny accreditation |
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24|of any school in violation of this subsection. |
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1| H. Beginning with the 2021-2022 school year, a school district |
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2|board of education may adopt a school-hours policy as provided for |
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3|by paragraph 4 of subsection A of this section only if it meets or |
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4|exceeds the minimum guidelines for student performance and school |
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5|district cost savings established by the State Board of Education. |
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6|The State Board of Education shall promulgate rules, subject to |
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7|approval by the Legislature, establishing the minimum guidelines for |
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8|student performance and school district cost savings. |
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9| I. If subject to paragraph 2 of subsection A of this section, a |
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10|district board of education or designee may elect to close a school |
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11|during the school day for inclement weather purposes. In such an |
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12|event, the number of hours incurred in classroom instruction time |
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13|prior to school closure shall be counted toward the one thousand |
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14|eighty (1,080) hours per year requirement. |
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15| J. Nothing in this section shall be construed as affecting the |
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16|right of an employing school district to require teachers as defined |
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17|in Section 6-101.3 of this title to work in excess of the one |
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18|thousand eighty (1,080) hours required for student instruction. In |
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19|addition, nothing in this section shall be construed to affect the |
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20|Fair Labor Standards Act status of any school district employee. |
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21| K. The provisions of this section shall not prohibit the |
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22|Oklahoma School for the Blind or the Oklahoma School for the Deaf |
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23|from adopting an alternative school-hours policy if the Oklahoma |
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24|School for the Blind or the Oklahoma School for the Deaf notifies |
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1|and receives approval from the State Board of Education prior to |
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2|October 15 of the applicable school year. |
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3| SECTION 3. AMENDATORY 70 O.S. 2021, Section 3-127, is |
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4|amended to read as follows: |
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5| Section 3-127. A. Prior to the adoption of a resolution by the |
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6|local school district board of education as required in subsection A |
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7|of Section 3-126 of this title, the local board of education shall |
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8|provide for a period of public review and comment on the proposed |
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9|educational improvement plan and shall notify and allow comment from |
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10|the district bargaining agent of the plan. If no bargaining agent |
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11|exists for that district, the teachers directly effected affected |
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12|shall be notified and allowed to make comments. All comments, |
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13|recommendations, and objections made by the bargaining agent and |
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14|others to the local board of education shall be forwarded to the |
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15|State Board of Education for consideration prior to review of the |
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16|plan. |
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17| B. Each educational improvement plan shall be approved by the |
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18|State Board of Education before implementation. |
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19| C. Approval of a plan shall be for no longer than three (3) |
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20|years. If a plan is approved, the school district shall be required |
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21|to submit an annual report and the Board shall provide for an annual |
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22|assessment of the plan. |
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23| D. The Board shall notify the Speaker of the House of |
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24|Representatives and the President Pro Tempore of the Senate of the |
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1|approval of plans on a quarterly basis and shall provide the Speaker |
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2|and the President Pro Tempore with copies of the annual reports and |
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3|assessments. |
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4| E. If the Board determines through the annual assessment |
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5|process that the school district is not complying with the |
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6|requirements of the Educational Deregulation Act or is not meeting |
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7|the goals of the plan, it shall first provide notice to the district |
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8|of its findings. If the school district does not come into |
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9|compliance or take action to meet the goals of the plan, the Board |
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10|shall withdraw approval and terminate the plan. |
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11| SECTION 4. AMENDATORY 70 O.S. 2021, Section 3-129.3, is |
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12|amended to read as follows: |
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13| Section 3-129.3. A. 1. A public school, zone, or district may |
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14|submit to its school district board of education an empowerment plan |
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15|as described in subsection C of this section. |
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16| 2. A school district board of education shall receive and |
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17|review each empowerment plan submitted pursuant to paragraph 1 of |
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18|this subsection. The school district board of education shall |
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19|either approve or disapprove the empowerment plan within sixty (60) |
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20|days after receiving the plan. |
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21| 3. If the school district board of education rejects the plan, |
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22|it shall provide to the public school, zone, or district that |
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23|submitted the plan a written explanation of the basis for its |
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24| |
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1|decision. A public school, zone, or district may resubmit an |
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2|amended empowerment plan at any time after denial. |
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3| 4. If the school district board of education approves the plan, |
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4|it shall proceed to seek approval of the school, zone, or district |
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5|as an empowered school, zone, or district pursuant to Section 6 of |
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6|this act Section 3-129.6 of this title. |
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7| B. A school district board of education may initiate and |
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8|collaborate with one or more public schools of the school district |
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9|to create one or more empowerment plans, as described in subsection |
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10|C of this section. In creating an empowerment plan the school |
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11|district board of education shall ensure that each public school |
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12|that would be affected by the plan has the opportunity to |
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13|participate in the creation of the plan. |
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14| C. Each empowerment plan shall include the following |
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15|information: |
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16| 1. A statement of the mission of the school, zone, or district |
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17|and why designation as an empowered school, zone, or district would |
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18|enhance the ability of the school, zone, or district to achieve its |
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19|mission; |
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20| 2. A description of the innovations the school, zone, or |
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21|district would implement, which may include, but not be limited to, |
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22|innovations in school staffing, curriculum and assessment, class |
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23|scheduling, use of financial and other resources, and faculty |
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24|recruitment, employment, evaluation, and compensation; |
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1| 3. A listing of the programs, policies, or operational |
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2|documents within the school, zone, or district that would be |
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3|affected by the innovations identified by the school, zone, or |
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4|district and the manner in which they would be affected. The |
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5|programs, policies, or operational documents may include, but not be |
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6|limited to: |
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7| a. the research-based educational program to be |
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8| implemented, |
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9| b. the length of school day and school year, |
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10| c. the student promotion and graduation policies to be |
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11| implemented, |
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12| d. the assessment plan, |
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13| e. the proposed budget, and |
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14| f. the proposed staffing plan; |
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15| 4. A description of any statutory, regulatory, or district |
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16|policy requirements that would need to be waived for the school, |
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17|zone, or district to implement the identified innovations; |
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18| 5. A description of any provision of the collective bargaining |
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19|agreement in effect for the personnel at the school, zone, or |
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20|district that would need to be waived for the school, zone, or |
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21|district to implement its identified innovation; |
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22| 6. An identification of the improvements in academic |
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23|performance that the school, zone, or district expects to achieve in |
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24|implementing the innovations; |
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1| 7. 6. An estimate of the cost savings and increased |
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2|efficiencies, if any, the school, zone, or district expects to |
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3|achieve in implementing the identified innovations; |
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4| 8. 7. Evidence that both a majority of the administrators and a |
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5|majority of the teachers employed at the school, zone, or district |
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6|approve the empowerment plan and consent to the designation as an |
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7|empowered school, zone, or district. The determination of approval |
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8|and consent of the plan shall be obtained by means of a secret |
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9|ballot vote; |
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10| 9. 8. A statement of the level of support for designation as an |
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11|empowered school, zone, or district demonstrated by the other |
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12|persons employed at the school, zone, or district, the students and |
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13|parents of students enrolled in the school, zone, or district, and |
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14|the community surrounding the school, zone, or district; and |
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15| 10. 9. Any additional information required by the school |
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16|district board of education of the school district in which the |
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17|empowerment plan would be implemented. |
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18| D. Each plan for creating an empowered school zone or district |
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19|whether submitted by a group of public schools or created by a |
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20|school district board of education through collaboration with a |
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21|group of public schools, shall also include the following additional |
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22|information: |
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23| 1. A description of how innovations in the schools in the |
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24|empowered school zone or district would be integrated to achieve |
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1|results that would be less likely to be accomplished by each school |
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2|working alone; and |
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3| 2. An estimate of any economies of scale that would be achieved |
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4|by innovations implemented jointly by the schools within the |
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5|empowered school zone or district. |
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6| E. No employee of a school, zone, or district shall be |
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7|discriminated against by the school district board of education, the |
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8|superintendent of the school district, or any other administrative |
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9|officer of the school district or by any employee organization, an |
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10|officer of the organization, or a member of the organization for |
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11|exercising or not exercising the rights provided for under the |
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12|Empowered Schools and School Districts Act. An employee of a school |
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13|district or an officer or member of an employee organization shall |
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14|be prohibited from impeding, restraining, or coercing an employee of |
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15|a school, zone, or district from exercising the rights provided for |
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16|under the act or causing an employer to impede, restrain, or coerce |
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17|an employee from exercising the rights provided for under the act. |
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18| SECTION 5. AMENDATORY 70 O.S. 2021, Section 3-135, is |
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19|amended to read as follows: |
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20| Section 3-135. A. The sponsor of a charter school shall enter |
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21|into a written contract with the governing body of the charter |
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22|school. The contract shall incorporate the provisions of the |
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23|charter of the charter school and contain, but shall not be limited |
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24|to, the following provisions: |
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1| 1. A description of the program to be offered by the school |
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2|which complies with the purposes outlined in Section 3-136 of this |
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3|title; |
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4| 2. Admission policies and procedures; |
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5| 3. Management and administration of the charter school, |
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6|including that a majority of the charter governing board members are |
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7|residents of the State of Oklahoma this state and meet no less than |
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8|quarterly in a public meeting within the boundaries of the school |
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9|district in which the charter school is located or within the State |
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10|of Oklahoma this state in the instance of multiple charter school |
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11|locations by the same sponsor; |
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12| 4. Requirements and procedures for program and financial |
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13|audits; |
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14| 5. A description of how the charter school will comply with the |
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15|charter requirements set forth in the Oklahoma Charter Schools Act; |
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16| 6. Assumption of liability by the charter school; |
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17| 7. The term of the contract; |
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18| 8. A description of the high standards of expectation and rigor |
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19|for charter school plans and assurance that charter school plans |
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20|adopted meet at least those standards; |
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21| 9. Policies that require that the charter school be as equally |
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22|free and open to all students as traditional public schools; |
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23| |
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24| |
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1| 10. Procedures that require students enrolled in the charter |
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2|school to be selected by lottery to ensure fairness if more students |
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3|apply than a school has the capacity to accommodate; |
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4| 11. Policies that require the charter school to be subject to |
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5|the same academic standards and expectations as existing public |
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6|schools; and |
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7| 12. A description of the requirements and procedures for the |
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8|charter school to receive funding in accordance with statutory |
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9|requirements and guidelines for existing public schools. |
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10| B. A charter school shall not enter into an employment contract |
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11|with any teacher or other personnel until the charter school has a |
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12|contract with a sponsoring school district. The employment contract |
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13|shall set forth the personnel policies of the charter school, |
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14|including, but not limited to, policies related to certification, |
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15|professional development, evaluation, suspension, dismissal and |
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16|nonreemployment, sick leave, personal business leave, emergency |
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17|leave, and family and medical leave. The contract shall also |
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18|specifically set forth the salary, hours, fringe benefits, and work |
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19|conditions. The contract may provide for employer-employee |
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20|bargaining, but the charter school shall not be required to comply |
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21|with the provisions of Sections 509.1 through 509.10 of this title. |
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22|The contract shall conform to all applicable provisions set forth in |
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23|Section 3-136 of this title. |
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24| |
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1| Upon contracting with any teacher or other personnel, the |
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2|governing body of the charter school shall, in writing, disclose |
| |
3|employment rights of the employees in the event the charter school |
| |
4|closes or the charter is not renewed. |
| |
5| No charter school may begin serving students without a charter |
| |
6|contract executed in accordance with the provisions of the Oklahoma |
| |
7|Charter Schools Act and approved in an open meeting of the sponsor. |
| |
8|The sponsor may establish reasonable preopening requirements or |
| |
9|conditions to monitor the start-up progress of newly approved |
| |
10|charter schools and ensure that each school is prepared to open |
| |
11|smoothly on the date agreed and to ensure that each school meets all |
| |
12|building, health, safety, insurance, and other legal requirements |
| |
13|for the opening of a school. |
| |
14| C. The performance provisions within the charter contract shall |
| |
15|be based on a performance framework that clearly sets forth the |
| |
16|academic and operational performance indicators, measures, and |
| |
17|metrics that will guide the evaluations of the charter school by the |
| |
18|sponsor. The sponsor shall require a charter school to submit the |
| |
19|data required in this section in the identical format that is |
| |
20|required by the State Department of Education of all public schools |
| |
21|in order to avoid duplicative administrative efforts or allow a |
| |
22|charter school to provide permission to the Department to share all |
| |
23|required data with the sponsor of the charter school. The |
| |
24| |
| |
Req. No. 899 Page 17
___________________________________________________________________________
1|performance framework shall include indicators, measures, and |
| |
2|metrics for, at a minimum: |
| |
3| 1. Student academic proficiency; |
| |
4| 2. Student academic growth; |
| |
5| 3. Achievement gaps in both proficiency and growth between |
| |
6|major student subgroups; |
| |
7| 4. Student attendance; |
| |
8| 5. Recurrent enrollment from year to year as determined by the |
| |
9|methodology used for public schools in Oklahoma; |
| |
10| 6. In the case of high schools, graduation rates as determined |
| |
11|by the methodology used for public schools in Oklahoma; |
| |
12| 7. In the case of high schools, postsecondary readiness; |
| |
13| 8. Financial performance and sustainability; and |
| |
14| 9. Governing board performance and stewardship, including |
| |
15|compliance with all applicable laws, regulations, and terms of the |
| |
16|charter contract. |
| |
17| D. The sponsor shall not request any metric or data from a |
| |
18|charter school that it does not produce or publish for all school |
| |
19|sites in the district or under its sponsorship, unless the metric or |
| |
20|data is unique to a charter school. |
| |
21| E. A charter contract may provide for one or more schools by an |
| |
22|applicant to the extent approved by the sponsor and consistent with |
| |
23|applicable law. An applicant or the governing board of an applicant |
| |
24|may hold one or more charter contracts. Each charter school that is |
| |
Req. No. 899 Page 18
___________________________________________________________________________
1|part of a charter contract shall be separate and distinct from any |
| |
2|other charter school under the same charter contract. |
| |
3| SECTION 6. AMENDATORY 70 O.S. 2021, Section 5-113.1, is |
| |
4|amended to read as follows: |
| |
5| Section 5-113.1. A. Except as otherwise provided in this |
| |
6|section, no person may be employed or put under contract by a school |
| |
7|district if that person is related to a member of the board of |
| |
8|education of that school district within the second degree of |
| |
9|consanguinity or affinity. A teacher or employee already under |
| |
10|contract to or otherwise employed by the school district at the time |
| |
11|the relationship is established may continue in said employment. |
| |
12|Except as otherwise provided, a board member already serving at the |
| |
13|time the relationship is established may serve out the term for |
| |
14|which the member was elected but shall not be eligible to be a |
| |
15|candidate for or serve successive terms of office for which the |
| |
16|member may be elected. |
| |
17| B. The provisions of this section shall not prevent a board |
| |
18|member from serving successive terms of office if otherwise eligible |
| |
19|under the provision of Section 5-113 of this title. No member of |
| |
20|the board of education who has resigned from the board before the |
| |
21|term of the person has expired may be reappointed to the board to |
| |
22|complete the remainder of the term if a teacher or employee related |
| |
23|to the resigned member of the board within the second degree of |
| |
24| |
| |
Req. No. 899 Page 19
___________________________________________________________________________
1|consanguinity or affinity was put under contract or otherwise |
| |
2|employed by the school district after the board member resigned. |
| |
3| C. The provisions of this section shall not prevent a person |
| |
4|who is related to a member of the board of education within the |
| |
5|second degree of consanguinity or affinity from being employed by |
| |
6|the school district as a substitute teacher pursuant to the |
| |
7|provisions of Section 6-105 of this title or as a temporary |
| |
8|substitute support employee if the school district has an Average |
| |
9|Daily Membership average daily membership (ADM) of less than five |
| |
10|thousand (5,000). |
| |
11| D. The provisions of this section shall not prevent a person |
| |
12|who is related to a member of the board of education within the |
| |
13|second degree of consanguinity or affinity from being employed by |
| |
14|the school district if the school district has an Average Daily |
| |
15|Membership average daily membership (ADM) of less than four hundred |
| |
16|(400) and the board of education has adopted a policy providing for |
| |
17|such employment. |
| |
18| E. Any member of a board of education who is related to a |
| |
19|teacher or other employee of the district within the second degree |
| |
20|of consanguinity or affinity shall not attend or participate in any |
| |
21|regular or executive session of the board held to consider any |
| |
22|personnel matter or litigation relating to said teacher or employee. |
| |
23| The member may vote on collective bargaining agreements or the |
| |
24|renewal of contracts as a group if the vote is necessary to form a |
| |
Req. No. 899 Page 20
___________________________________________________________________________
1|quorum of the board of education members. If more than one member |
| |
2|of the board of education is related to a teacher or employee, only |
| |
3|the minimum number of those members which is necessary to form a |
| |
4|quorum shall be allowed to vote. Each board of education so |
| |
5|affected shall adopt a written policy establishing procedures on |
| |
6|when such a member may vote on the renewal of contracts or |
| |
7|collective bargaining agreements. |
| |
8| F. Any member of a board of education who violates the |
| |
9|provisions of this section shall be subject to the penalties |
| |
10|prescribed by Sections 485 and 486 of Title 21 of the Oklahoma |
| |
11|Statutes. |
| |
12| SECTION 7. AMENDATORY 70 O.S. 2021, Section 5-117.5, is |
| |
13|amended to read as follows: |
| |
14| Section 5-117.5. A. The board of education of each school |
| |
15|district in this state shall provide a health insurance plan for the |
| |
16|employees of the school district. School districts may obtain |
| |
17|health and dental insurance coverage as provided for in the State |
| |
18|and Education Employees Group Insurance Act or may obtain other |
| |
19|health insurance coverage. Any school district that does not |
| |
20|participate in the health and dental insurance plans offered through |
| |
21|the State and Education Employees Group Insurance Act shall obtain |
| |
22|health insurance coverage for the employees which provides open |
| |
23|enrollment, and provide for the continuation of health insurance |
| |
24|coverage, including supplemental Medicare insurance coverage, for |
| |
Req. No. 899 Page 21
___________________________________________________________________________
1|those district employees who retire from said the district after |
| |
2|September 30, 1991, with a vested benefit in the Teachers' |
| |
3|Retirement System of Oklahoma. A retired person who begins |
| |
4|receiving benefits from the Teachers' Retirement System of Oklahoma |
| |
5|after September 30, 1991, who retires from a school district that |
| |
6|provides other health insurance coverage, and who elects to continue |
| |
7|said health insurance coverage shall pay to the school district the |
| |
8|premium rate for the health insurance minus an amount equal to the |
| |
9|premium rate of the Medicare supplement or the amount determined |
| |
10|pursuant to subsection (4) of Section 1316.3 of Title 74 of the |
| |
11|Oklahoma Statutes, whichever is less, which shall be paid by the |
| |
12|Teachers' Retirement System of Oklahoma to the school district. The |
| |
13|school district shall remit to the health insurance coverage |
| |
14|provider the total premium due less any uncollected amounts payable |
| |
15|from retired school district employees or their qualified survivors. |
| |
16| B. A school district that participates in health insurance |
| |
17|coverage other than the health insurance plan offered by the State |
| |
18|and Education Employees Group Insurance Act shall not be required to |
| |
19|pay any portion of the premiums for the employees or the dependents |
| |
20|of the employees of said the school district, except as may |
| |
21|otherwise be provided by law. Unless a school district negotiates |
| |
22|an agreement with its employees regarding health insurance pursuant |
| |
23|to Sections 509.1 through 509.9 of this title, and to the extent |
| |
24|that the agreement provides for the members of the recognized |
| |
Req. No. 899 Page 22
___________________________________________________________________________
1|bargaining unit, a A school district that participates in health |
| |
2|insurance coverage other than the health insurance plan offered by |
| |
3|the State and Education Employees Group Insurance Act is shall be |
| |
4|prohibited from acquiring additional or supplemental health or |
| |
5|dental insurance for any board member, school superintendent, or any |
| |
6|other employee which is not available to all employees of said the |
| |
7|district, and said the school district shall not pay a greater |
| |
8|portion of the employee or dependent premium for any health or |
| |
9|dental insurance plan or plans provided by said the school district |
| |
10|on behalf of any board member, school superintendent, or employee |
| |
11|than that portion paid on behalf of all participating employees of |
| |
12|said the district. |
| |
13| C. If a school district obtains health insurance coverage from |
| |
14|a source other than through the State and Education Employees Group |
| |
15|Insurance Act, the employees of the school district who would be |
| |
16|eligible to participate in the health and dental plans may require |
| |
17|the board of education of the school district to call an election to |
| |
18|allow said the employees to vote as to whether the school district |
| |
19|shall participate in the health and dental insurance plans offered |
| |
20|through the State and Education Employees Group Insurance Act. Upon |
| |
21|the filing with the board of education of a petition calling for |
| |
22|such an election which is signed by no less than thirty percent |
| |
23|(30%) of the eligible employees of the school district, the board of |
| |
24|education shall call an election for the purpose of determining |
| |
Req. No. 899 Page 23
___________________________________________________________________________
1|whether the school district shall participate in the health and |
| |
2|dental insurance plans offered through the State and Education |
| |
3|Employees Group Insurance Act. The election shall be held within |
| |
4|thirty (30) days of the filing of the petition. If a majority of |
| |
5|those eligible employees voting at the election vote to participate |
| |
6|in the health and dental insurance plans offered through the State |
| |
7|and Education Employees Group Insurance Act, the board of education |
| |
8|of the school district shall apply for such participation within |
| |
9|thirty (30) days of the election. |
| |
10| D. If a school district does not have any health insurance |
| |
11|coverage of the type required by this section, that school district |
| |
12|shall immediately be enrolled in the health and dental insurance |
| |
13|plans offered through the State and Education Employees Group |
| |
14|Insurance Act. |
| |
15| E. A carrier providing health insurance coverage for employees |
| |
16|of a school district health insurance group which replaces a |
| |
17|previous carrier for such school district employees shall provide |
| |
18|coverage for each retired employee who is receiving a benefit or |
| |
19|terminates employment with a vested benefit from the Teachers' |
| |
20|Retirement System of Oklahoma and who is enrolled in the health |
| |
21|insurance group by the previous carrier at the time the previous |
| |
22|carrier providing health insurance coverage is replaced. |
| |
23|Notwithstanding any provision in this section to the contrary, any |
| |
24|person who retires pursuant to the provisions of the Teachers' |
| |
Req. No. 899 Page 24
___________________________________________________________________________
1|Retirement System of Oklahoma prior to May 1, 1993, or terminates |
| |
2|service with a vested benefit, pursuant to the provisions of the |
| |
3|Teachers' Retirement System of Oklahoma prior to May 1, 1993, may |
| |
4|continue to participate in the health and dental plans authorized by |
| |
5|the provisions of the State and Education Employees Group Insurance |
| |
6|Act. |
| |
7| F. In the event a school district ceases to exist, the assets |
| |
8|and duties of said school district are transferred to one or more |
| |
9|other school districts, said other school district or districts do |
| |
10|not agree to employ all of the former employees of the school |
| |
11|district that is ceasing to exist, and said former employees who are |
| |
12|not being reemployed have rights under federal or state law to |
| |
13|continue group insurance coverage, the school district receiving all |
| |
14|or a portion of the assets and duties of the annexing school |
| |
15|district having the largest general fund revenue for the most recent |
| |
16|preceding fiscal year for which data is available shall provide |
| |
17|group insurance coverage to said former employees not being retained |
| |
18|during the period as required by law. |
| |
19| G. Any member of a district board of education who terminates |
| |
20|service on or after July 1, 2002, who has served ten (10) or more |
| |
21|years as a district board of education member in this state, and who |
| |
22|is participating at the time of termination in a health and/or |
| |
23|dental insurance plan offered by the school district, may elect upon |
| |
24|termination of such service to continue participation in the health |
| |
Req. No. 899 Page 25
___________________________________________________________________________
1|and/or dental insurance plan that the member was participating in at |
| |
2|the time of termination. The election provided in this subsection |
| |
3|shall be made within thirty (30) days from the date of the school |
| |
4|board member's termination of service. The school board member |
| |
5|shall pay the full cost of the insurance premium for such |
| |
6|after-termination coverage at the rate and pursuant to the terms and |
| |
7|conditions of such the health and/or dental plan. |
| |
8| SECTION 8. AMENDATORY 70 O.S. 2021, Section 6-101.42, is |
| |
9|amended to read as follows: |
| |
10| Section 6-101.42. A. For the 2018-19 school year, each school |
| |
11|district shall provide to every support employee a wage increase |
| |
12|over the base amount the employee earned during the 2017-18 school |
| |
13|year if the support employee is employed by the same school district |
| |
14|for the 2018-19 school year in the amount of One Thousand Two |
| |
15|Hundred Fifty Dollars ($1,250.00). The dollar amount of salary |
| |
16|increase authorized by this subsection shall be prorated based upon |
| |
17|the number of total hours of work performed by a |
| |
18|full-time-equivalent support employee. |
| |
19| B. The increase prescribed by this section shall be in addition |
| |
20|to any other compensation and fringe benefits provided by the |
| |
21|district, or mandated by law or collective bargaining agreement, |
| |
22|unless the hours or duties of the support employee are reduced |
| |
23|proportionately. |
| |
24| |
| |
Req. No. 899 Page 26
___________________________________________________________________________
1| SECTION 9. AMENDATORY 70 O.S. 2021, Section 14-108.1, is |
| |
2|amended to read as follows: |
| |
3| Section 14-108.1. A. The board of education of each technology |
| |
4|center school district in this state shall provide a health |
| |
5|insurance plan for the employees of the technology center school |
| |
6|district. Technology center school districts may obtain health and |
| |
7|dental insurance coverage as provided for in the State and Education |
| |
8|Employees Group Insurance Act or may obtain other health insurance |
| |
9|coverage. Any technology center district that does not participate |
| |
10|in the health and dental insurance plans offered through the State |
| |
11|and Education Employees Group Insurance Act shall obtain health |
| |
12|insurance coverage for the employees which provides open enrollment, |
| |
13|and provide for the continuation of health insurance coverage, |
| |
14|including supplemental Medicare insurance coverage, for those |
| |
15|district employees who retire from said the district after September |
| |
16|30, 1991, with a vested benefit in the Teachers' Retirement System |
| |
17|of Oklahoma. A retired person who begins receiving benefits from |
| |
18|the Teachers' Retirement System of Oklahoma after September 30, |
| |
19|1991, who retires from a technology center school district that |
| |
20|provides other health insurance coverage, and who elects to continue |
| |
21|said health insurance coverage shall pay to the technology center |
| |
22|school district the premium rate for the health insurance minus an |
| |
23|amount equal to the premium rate of the Medicare supplement or the |
| |
24|amount determined pursuant to subsection (4) of Section 1316.3 of |
| |
Req. No. 899 Page 27
___________________________________________________________________________
1|Title 74 of the Oklahoma Statutes, whichever is less, which shall be |
| |
2|paid by the Teachers' Retirement System of Oklahoma to the |
| |
3|technology center school district. The technology center school |
| |
4|district shall remit to the health insurance coverage provider the |
| |
5|total premium due less any uncollected amounts payable from retired |
| |
6|technology center school district employees or their qualified |
| |
7|survivors. |
| |
8| B. A technology center school district that participates in |
| |
9|health insurance coverage other than the health insurance plan |
| |
10|offered by the State and Education Employees Group Insurance Act |
| |
11|shall not be required to pay any portion of the premium for the |
| |
12|employees or the dependents of the employees of said the school |
| |
13|district. Unless a school district negotiates an agreement with its |
| |
14|employees regarding health insurance pursuant to Sections 509.1 |
| |
15|through 509.9 of this title, and to the extent that the agreement |
| |
16|provides for the members of the recognized bargaining unit, a A |
| |
17|technology center school district that participates in health |
| |
18|insurance coverage other than the health insurance plan offered by |
| |
19|the State and Education Employees Group Insurance Act is prohibited |
| |
20|from acquiring additional or supplemental health or dental insurance |
| |
21|for any board member, superintendent, or any other employee which is |
| |
22|not available to all employees of said the district, and said the |
| |
23|technology center school district shall not pay a greater portion of |
| |
24|the employee or dependent premium for any health or dental insurance |
| |
Req. No. 899 Page 28
___________________________________________________________________________
1|plan or plans provided by said the technology center school district |
| |
2|on behalf of any board member, superintendent, or employee than that |
| |
3|portion paid on behalf of all participating employees of said the |
| |
4|district. |
| |
5| C. If a technology center school district obtains health |
| |
6|insurance coverage from a source other than through the State and |
| |
7|Education Employees Group Insurance Act, the employees of the |
| |
8|technology center school district who would be eligible to |
| |
9|participate in the health and dental plans may require the board of |
| |
10|education of the technology center school district to call an |
| |
11|election to allow said employees to vote as to whether the |
| |
12|technology center school district shall participate in the health |
| |
13|and dental insurance plans offered through the State and Education |
| |
14|Employees Group Insurance Act. Upon the filing with the board of |
| |
15|education of a petition calling for such an election which is signed |
| |
16|by no less than thirty percent (30%) of the eligible employees of |
| |
17|the technology center school district, the board of education shall |
| |
18|call an election for the purpose of determining whether the |
| |
19|technology center school district shall participate in the health |
| |
20|and dental insurance plans offered through the State and Education |
| |
21|Employees Group Insurance Act. The election shall be held within |
| |
22|thirty (30) days of the filing of the petition. If a majority of |
| |
23|those eligible employees voting at the election vote to participate |
| |
24|in the health and dental insurance plans offered through the State |
| |
Req. No. 899 Page 29
___________________________________________________________________________
1|and Education Employees Group Insurance Act, the board of education |
| |
2|of the technology center school district shall apply for such |
| |
3|participation within thirty (30) days of the election. |
| |
4| D. If a technology center school district does not have any |
| |
5|health insurance coverage of the type required by this section, that |
| |
6|the technology center school district shall immediately be enrolled |
| |
7|in the health and dental insurance plans offered through the State |
| |
8|and Education Employees Group Insurance Act. |
| |
9| E. A carrier providing health insurance coverage for employees |
| |
10|of a technology center school district health insurance group which |
| |
11|replaces a previous carrier for such technology center school |
| |
12|district employees shall provide coverage for each retired employee |
| |
13|who is receiving a benefit or terminates employment with a vested |
| |
14|benefit from the Teachers' Retirement System of Oklahoma and who is |
| |
15|enrolled in the health insurance group by the previous carrier at |
| |
16|the time the previous carrier providing health insurance coverage is |
| |
17|replaced. Notwithstanding any provision in this section to the |
| |
18|contrary, any person who retires pursuant to the provisions of the |
| |
19|Teachers' Retirement System of Oklahoma prior to May 1, 1993, or |
| |
20|terminates service with a vested benefit, pursuant to the provisions |
| |
21|of the Teachers' Retirement System of Oklahoma prior to May 1, 1993, |
| |
22|may continue to participate in the health and dental plans |
| |
23|authorized by the provisions of the State and Education Employees |
| |
24|Group Insurance Act. |
| |
Req. No. 899 Page 30
___________________________________________________________________________
1| F. In the event a technology center school district ceases to |
| |
2|exist, the assets and duties of said the technology center school |
| |
3|district are transferred to one or more other technology center |
| |
4|school districts, said other technology center school district or |
| |
5|districts do not agree to employ all of the former employees of the |
| |
6|technology center school district that is ceasing to exist, and said |
| |
7|former employees who are not being reemployed have rights under |
| |
8|federal or state law to continue group insurance coverage, the |
| |
9|annexing technology center school district having the largest |
| |
10|general fund revenue for the most recent preceding fiscal year for |
| |
11|which data is available shall provide group insurance coverage to |
| |
12|said the former employees not being retained during the period as |
| |
13|required by law. |
| |
14| SECTION 10. AMENDATORY 70 O.S. 2021, Section 509.11, is |
| |
15|amended to read as follows: |
| |
16| Section 509.11. A. No school district, or employee of a school |
| |
17|district, or employee organization shall deny by any means, |
| |
18|including a collective bargaining agreement, a statewide |
| |
19|professional educators' association equal access to employees of the |
| |
20|school district, to the same extent that access is granted to other |
| |
21|educators' associations. For purposes of this section, access shall |
| |
22|include, but is not limited to: |
| |
23| 1. Setting up informational tables at in-service or other |
| |
24|similar teacher meetings; |
| |
Req. No. 899 Page 31
___________________________________________________________________________
1| 2. Speaking at in-service or other similar teacher meetings; |
| |
2| 3. Distributing information in school mail boxes or through the |
| |
3|school e-mail system; |
| |
4| 4. Utilizing school district meeting rooms during nonworking |
| |
5|hours; |
| |
6| 5. Representing the interests of employees in employment |
| |
7|matters, when requested by the employee; |
| |
8| 6. Posting information on school district bulletin boards; and |
| |
9| 7. Utilizing school district printing services. |
| |
10| B. Any association which utilizes school district facilities or |
| |
11|services shall reimburse the district for any costs incurred by the |
| |
12|district. |
| |
13| SECTION 11. AMENDATORY 70 O.S. 2021, Section 1210.544, |
| |
14|is amended to read as follows: |
| |
15| Section 1210.544. A. Notwithstanding any other provision of |
| |
16|law, the State Board of Education shall establish a process to |
| |
17|identify schools in the state that are listed as in need of |
| |
18|improvement in accordance with 20 U.S.C., Section 6301 et seq. A |
| |
19|school district board of education with a school identified as being |
| |
20|among the schools in the state that are in need of improvement shall |
| |
21|implement a locally developed, evidence-based intervention model for |
| |
22|the school site determined by the Board to be low performing |
| |
23| B. 1. Consistent with 20 U.S.C., Section 6301 et seq., for |
| |
24|schools that are identified for school improvement by the Board for |
| |
Req. No. 899 Page 32
___________________________________________________________________________
1|four (4) consecutive years, the district board of education shall |
| |
2|seek support from the State Department of Education. Such support |
| |
3|may include academic intervention, professional development, |
| |
4|restructuring of the governance arrangement of the school, or any |
| |
5|other plan that is reasonably calculated to improve student academic |
| |
6|achievement in the school. State support plans shall be designed to |
| |
7|provide a substantial assurance of enabling the school to |
| |
8|appropriately serve all students. If after two (2) years of |
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9|implementing the state support plan, improvements to student |
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10|achievement remain insufficient and, in accordance with 20 U.S.C. |
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11|Section 6301 et seq., the school continues to be identified by the |
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12|Board as low performing, the Board may exercise the option of |
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13|assuming control of the school as provided for in this subsection. |
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14| 2. If the Board assumes control of a school, the Board shall |
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15|retain all funds that otherwise would have been allocated to the |
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16|school district based on the average daily membership of the school |
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17|which shall be used to operate the school. |
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18| C. 1. A district board of education for a district with an |
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19|average daily membership of more than 30,000 thirty thousand |
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20|(30,000) which implements an alternative governance arrangement as |
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21|provided for in this section may utilize the following procedures, |
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22|upon approval of the district board and concurrence of the executive |
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23|committee of the appropriate local bargaining unit: |
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24| |
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1| a. any teacher not retained at the school site shall be |
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2| given status as a full-time substitute teacher within |
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3| the school district for a period of not to exceed two |
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4| (2) years, |
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5| b. if the teacher is not offered a contract teaching |
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6| position at a school in the district within the |
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7| two-year period specified in subparagraph a of this |
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8| paragraph, the district board shall be authorized to |
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9| not reemploy the teacher, and |
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10| c. the district board shall designate trained, certified, |
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11| instructional staff to provide teacher support, |
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12| development, and evaluation, which may include |
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13| certified personnel other than administrators. |
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14| 2. Any actions taken pursuant to this subsection shall not be |
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15|subject to the Teacher Due Process Act of 1990. The decision by the |
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16|district board for renewal or nonrenewal shall be final. |
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17| 3. For purposes of this subsection, a full-time substitute |
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18|teacher shall perform the duties assigned by the district |
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19|superintendent and shall continue to receive the same salary, |
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20|benefits, and step increases that the teacher would otherwise be |
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21|entitled to for the time period the teacher serves as a full-time |
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22|substitute. |
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23| D. 1. Each school district subject to the provisions of |
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24|subsection B of this section shall submit a plan for compliance with |
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Req. No. 899 Page 34
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1|this section to the State Department of Education, in a manner |
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2|prescribed by the Department. |
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3| 2. The State Department of Education shall annually submit a |
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4|report of the district plans received as provided in paragraph 1 of |
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5|this subsection to the members of the Senate and House Education |
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6|Committees education committees of the Senate and House of |
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7|Representatives. |
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8| SECTION 12. REPEALER 70 O.S. 2021, Sections 3-129.8, |
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9|18-114.8, 509.1, 509.2, 509.2a, 509.3, 509.6, 509.7, 509.8, 509.9, |
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10|and 509.10, are hereby repealed. |
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11| SECTION 13. This act shall become effective July 1, 2023. |
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12| SECTION 14. It being immediately necessary for the preservation |
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13|of the public peace, health, or safety, an emergency is hereby |
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14|declared to exist, by reason whereof this act shall take effect and |
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15|be in full force from and after its passage and approval. |
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16| |
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17| 59-1-899 EB 1/19/2023 12:06:28 PM |
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18| |
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19| |
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20| |
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21| |
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22| |
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23| |
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24| |
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Req. No. 899 Page 35
