Bill Text For SB0946 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 946                      By: Jett                          |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to school district boards of                    |
  |       education; requiring each school district board of              |
 8|       education to adopt certain policy; providing contents           |
  |       of policy; clarifying ability to submit certain                 |
 9|       complaint to the State Department of Education;                 |
  |       allowing the Department to take certain actions                 |
10|       regarding a complaint; providing for promulgation of            |
  |       rules; providing for codification; providing an                 |
11|       effective date; and declaring an emergency.                     |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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16|in the Oklahoma Statutes as Section 5-107C of Title 70, unless there   |
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17|is created a duplication in numbering, reads as follows:               |
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18|    A.  Each school district board of education in this state shall    |
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19|adopt a policy to receive, investigate, and resolve complaints that    |
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20|a school district board of education member has violated Section       |
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21|5-113 or 5-124 of Title 70 of the Oklahoma Statutes or any other       |
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22|provision of state law.  The policy shall include:                     |
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23|    1.  A mechanism for a school district employee, the parent or      |
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24|legal guardian of a student enrolled in the school district, or a      |
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   Req. No. 1635                                                   Page 1
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 1|resident of the school district who in good faith reasonably           |
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 2|believes a school district board of education member has violated      |
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 3|state law to file a complaint;                                         |
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 4|    2.  A requirement that the complaint be submitted in writing,      |
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 5|signed, and dated by the individual making the complaint and include   |
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 6|information relevant to the alleged violation of state law             |
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 7|including, but not limited to, the date the alleged violation          |
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 8|occurred and the names of individuals who may have knowledge of the    |
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 9|alleged violation;                                                     |
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10|    3.  The method for investigating complaints, which may include     |
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11|the designation of a board of education investigative committee or     |
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12|the designation of a combination of board of education members and     |
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13|school district employees to conduct an investigation; and             |
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14|    4.  A requirement that the complaint, the findings of the          |
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15|investigation, and any resulting action toward the board of            |
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16|education member be submitted in a report to the State Department of   |
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17|Education.                                                             |
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18|    B.  Nothing in this section shall prohibit a school district       |
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19|employee, the parent or legal guardian of a student enrolled in the    |
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20|school district, or a resident of the school district who in good      |
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21|faith reasonably believes a school district board of education         |
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22|member has violated state law pursuant to this section from filing a   |
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23|complaint directly with the State Department of Education.             |
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24|    C.  1.  The State Department of Education may:                     |
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   Req. No. 1635                                                   Page 2
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 1|         a.    conduct an additional investigation into a complaint    |
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 2|              based on a report filed pursuant to paragraph 4 of       |
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 3|              subsection A of this section,                            |
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 4|         b.    conduct an investigation into a complaint filed         |
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 5|              pursuant to subsection B of this section, or             |
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 6|         c.    refer a complaint received pursuant to subparagraph a   |
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 7|              or b of this paragraph to law enforcement.               |
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 8|    2.  Findings of investigations conducted pursuant to this          |
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 9|subsection shall be presented to the State Board of Education.  If     |
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10|the State Department of Education recommends to the Board the          |
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11|removal of a school district board of education member based on an     |
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12|investigation conducted pursuant to this subsection, the Board         |
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13|shall:                                                                 |
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14|         a.    mail a copy of the recommendation to the school         |
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15|              district board of education member by certified mail,    |
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16|              restricted delivery, return receipt requested, by        |
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17|              personal delivery with a signed acknowledgement of       |
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18|              receipt, or by delivery by a process server.  The        |
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19|              recommendation shall specify the statutory grounds       |
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20|              upon which the recommendation is based,                  |
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21|         b.    the Board shall notify the board of education member    |
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22|              of the opportunity to appear before the Board, and       |
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23|         c.    only after due consideration of the evidence            |
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24|              presented shall the Board vote in an open meeting to     |
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   Req. No. 1635                                                   Page 3
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 1|              recommend removal of the board of education member.      |
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 2|              The seat of the member shall be declared vacant, and     |
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 3|              the vacancy shall be filled as provided for in Section   |
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 4|              13A-110 of Title 26 of the Oklahoma Statutes.  A board   |
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 5|              of education member who is required to vacate a seat     |
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 6|              pursuant to this section shall be ineligible to hold     |
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 7|              or run for a school district board of education seat     |
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 8|              for two (2) years.                                       |
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 9|    D.  The State Board of Education shall promulgate rules to         |
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10|implement the provisions of this section.                              |
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11|    SECTION 2.  This act shall become effective July 1, 2023.          |
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12|    SECTION 3.  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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17|    59-1-1635      EB        1/19/2023 12:30:50 PM                     |
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   Req. No. 1635                                                   Page 4
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