SOME DIFFERENCE BETWEEN "TERMINATION OF EMPLOYMENT" (THE SPECIFIC TIME CONTEMPLATED FOR PAYMENT OF UNUSED SICK LEAVE IN 70 O.S. 6-104.5(B)), AND "RETIREMENT" AND "TERMINATION OF CONTRACT" (THE TIMES CONTEMPLATED IN SUBSECTION 6104(A)).
PRIOR TO 1989, "TERMINATION" WAS DEFINED SYNONYMOUSLY WITH "DISMISSAL". TITLE 70 O.S. 6-102.1(2), PROVIDED AS FOLLOWS:
"'DISMISSAL" OR "TERMINATION" MEANS THE DISCONTINUANCE OF A TEACHER'S TEACHING SERVICE DURING THE TERM OF A WRITTEN TEACHING CONTRACT, AS PROVIDED BY LAW."
THE ABOVE SECTION WAS REPEALED AS A RESULT OF HB 1017 AND ONLY THE TERM "DISMISSAL" IS NOW DEFINED IN 70 O.S. 6-101.3(2), WHICH READS AS FOLLOWS:
"DISMISSAL" MEANS THE DISCONTINUANCE OF THE TEACHING SERVICE OF AN ADMINISTRATOR OR TEACHER DURING THE TERM OF A WRITTEN CONTRACT, AS PROVIDED BY LAW."
WHERE THE LANGUAGE OF THE STATUTE IS PLAIN AND UNAMBIGUOUS, AND ITS MEANING CLEAR AND NO OCCASION EXISTS FOR THE APPLICATION OF RULES OF CONSTRUCTION, THE STATUTE WILL BE ACCORDED THE MEANING AS EXPRESSED BY THE LANGUAGE THEREIN EMPLOYED. CAVE SPRINGS PUBLIC SCHOOL DISTRICT I-30 V. BLAIR, 613 P.2D 1046, 1048 (OKLA. 1980). WHAT IS CLEAR FROM THESE DEFINITIONS IS THAT "TERMINATION", THE OPERATIVE TERM IN 70 O.S. 6-104(A) AND 6-104.5(B), INDICATES A DEFINITIVE ACTION OF THE SCHOOL DISTRICT TO DISCONTINUE THE TEACHING SERVICE OF AN ADMINISTRATOR OR TEACHER PURSUANT TO THE DUE PROCESS PROCEDURES OF THE SCHOOL CODE (70 O.S. 6-101.13 AND 70 O.S. 6-101.20 ET SEQ.). "DISMISSAL" OR "TERMINATION" OF A CONTRACT IS ALTOGETHER DIFFERENT FROM THE EXPIRATION OF SUCH A CONTRACT PURSUANT TO ITS STATED TERM. LIKEWISE, "RETIREMENT" IS DEFINED AS, "WITHDRAWAL FROM OCCUPATION, OFFICE, OR BUSINESS ACTIVITY." THE OXFORD ENGLISH DICTIONARY 783, (2D ED. 1989).
IN CONCLUSION, "TERMINATION OF EMPLOYMENT" (AS USED IN 70 O.S. 6-104.5(B)) AND "TERMINATION OF CONTRACT" OR "RETIREMENT" (AS USED IN 70 O.S. 6-104), ALL MEAN THE END OF THE EMPLOYMENT RELATIONSHIP WITH THE SCHOOL DISTRICT.
IT IS THEREFORE, THE OPINION OF THE UNDERSIGNED THAT SCHOOL DISTRICTS MAY NOT PAY TEACHERS FOR ACCRUED BUT UNUSED SICK LEAVE AT THE END OF THE SCHOOL YEAR UNLESS SUCH OCCASION ALSO MARKS THE END OF THE EMPLOYMENT RELATIONSHIP WITH A PARTICULAR TEACHER.
(DIANE L. SLAYTON)