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