reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 70. Schools › §70-5-170. Transfer of unexpended or unencumbered appropriations.

For the fiscal year ending June 30, 2004, the superintendent of a school district or designee may transfer any unexpended or unencumbered appropriation in an amount not to exceed twenty-five percent (25%) of the total appropriation from one account, fund, or program category to another account, fund, or program category. The amount to be transferred, together with all previous transfers, shall not exceed twenty-five percent (25%) of the total appropriation to the account, fund or program category from which the transfer is being made. Provided, funds shall not be transferred between the general fund and building fund of any school district. The State Department of Education shall be notified in writing or electronically of all transfers at the time the transfers are made.
Added by Laws 2003, c. 434, § 7.
NOTE: Laws 2003, c. 415, § 34 repealed by Laws 2003, c. 434, § 32.
2023 Oklahoma Statutes › Title 70. Schools › §70-5-181. Registration of certificates of indebtedness or bonds – Recording of payment.

The treasurer of a school district to whom a certificate of indebtedness or bond is directed for payment shall register the certificate of indebtedness or bond by entering the number, the date, the name of the payee, the fund upon which it is drawn and the amount and shall write on the certificate or bond the date of registration and the name of the treasurer. Certificates of indebtedness or bonds shall be registered in the numerical order in which they are issued and, after registration, shall be given to the encumbrance clerk. No certificate of indebtedness or bond shall be a valid charge until registration by the treasurer. A board of education may contract for and pay a registrar or transfer agent to transfer ownership or change of payee of any certificate of indebtedness or bond issued by the school district and to maintain relevant books and records. The treasurer shall record payment of certificates of indebtedness or bonds and mark “paid” on the face of paid certificates of indebtedness or bonds.
Added by Laws 2004, c. 361, § 24, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 70. Schools › §70-5-182. Issuance, approval, etc. of check, warrant or certificate in excess of approved estimate of expenses.

It shall be unlawful for any school district officer to issue, approve, sign, or attest any check, warrant or certificate of indebtedness in any form in excess of the estimate of expenses made and approved for the current fiscal year or authorized for such a purpose by a bond issue and any such check, warrant or certificate of indebtedness issued, approved, or authorized by a bond issue shall not be a charge against the school district upon which it is issued, but may be collected by civil action from any officer issuing, drawing, approving, signing, or attesting the same, or from either or all of them, or from their bondsmen.
Added by Laws 2004, c. 361, § 25, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 70. Schools › §70-5-183. Issuance, approval, etc. of check, warrant or certificate in excess of approved estimate of expenses – Violation –Penalties.

Any treasurer who shall willfully or knowingly register or pay a warrant, check or certificate of indebtedness, issued in excess of the estimate made and approved by the excise board for the current fiscal year or in excess of a bond issue for such purpose, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not exceeding one (1) year or by both the fine and imprisonment.
Added by Laws 2004, c. 361, § 26, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 70. Schools › §70-5-184. Authorization, acknowledgement, etc. by school district officer of issuance, approval, etc. of check, warrant or certificate in excess of approved estimate of expenses – Violation – Penalties.

Any school district officer willfully or knowingly contracting, incurring, acknowledging, authorizing, allowing, or approving any indebtedness or any officer issuing, drawing, or attesting any check, warrant or certificate of indebtedness in excess of the estimate made and approved by the excise board for such purpose for the current fiscal year or in excess of the specific amount authorized for such purpose by a bond issue, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not to exceed one (1) year or by both the fine and imprisonment, and shall forfeit and be removed from office pursuant to state law.
Added by Laws 2004, c. 361, § 27, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 70. Schools › §70-5-185. When check or warrant due – Enforcement of liability.

Without regard to the time when funds may be collected and are available to pay a check or warrant issued by a school district, any school district check or warrant shall be due one (1) year after the close of the fiscal year for which the check or warrant was issued and action may be commenced in any court of competent jurisdiction to enforce the liability evidenced by the check or warrant. Any action to enforce the liability evidenced by the check or warrant shall thereafter be barred, and the lapse of time need not be asserted as defense in any action for the school district to be relieved of liability.
Added by Laws 2004, c. 361, § 28, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 70. Schools › §70-5-186. Issuance of check, warrant or certificate of indebtedness in payment of claim in excess of amounts unexpended and unencumbered – Signature of board president and clerk.

It shall be unlawful for the governing board of education to issue any check, warrant or certificate of indebtedness, in any form, in payment of, or representing or acknowledging any account, claim, or indebtedness against the school district, or to make any contracts for, or incur any indebtedness against the school district in excess of the amount then unexpended and unencumbered of the sum appropriated for the specific item of estimated needs for such purpose theretofore made, submitted, and approved, or authorized for such purpose by a bond issue. The signature of the board president and clerk shall be notification to the public that the check or warrant is for the purpose and within the amount of the appropriation charged.
Added by Laws 2004, c. 361, § 29, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 70. Schools › §70-5-187. Unencumbered balances – Date for submission of all claims – Notice.

All unencumbered balances, if any, as shown by the officer charged with keeping the appropriation and expenditure records of the school district on hand at the close of day June 30, may remain as a credit for said fiscal year up to the close of day September 30. If a date earlier than September 30 is established, the encumbrance clerk shall publish, on the district’s web site for two consecutive times if also published in a daily newspaper and once if published in a weekly newspaper of general circulation in the school district, notice of the date set by the board of education for the submission of all claims against unencumbered balances of the prior fiscal year in the following form:
PUBLIC NOTICE
All having a claim against the ____ Public School District are notified that all invoices and required documentation pertaining to an approved purchase order for services rendered or goods or materials delivered pursuant to that purchase order must be recorded with the encumbrance clerk of the district on or before the ____ day of _____, 20__, covering all debts now unpaid and incurred during the period of the prior fiscal year beginning on July 1, 20__, and ending on June 30 20___, or the claim upon which the invoice or purchase order is based shall be void and forever barred.
__________________________
District Encumbrance Clerk
This section shall not permit the incurring of new indebtedness chargeable to the appropriation account of the immediately preceding fiscal year.
Added by Laws 2004, c. 361, § 30, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 70. Schools › §70-5-188. Supplemental appropriation of unencumbered balance – Underestimations – Reapportionment to appropriation accounts.

Provided all fund balances reserved for unencumbered balance of appropriations for the prior fiscal year on hand at the close of day set by the board of education in the current fiscal year, but in no event later than September 30, may be appropriated by supplemental appropriation to current expense purposes in the current fiscal year in the manner now provided by law. In the event of the recording of an estimated encumbrance or in the event of an increase in the cost of supplies, equipment, material, or services, these underestimations may be provided for during the time period set by the board by the cancellation of appropriations made by the county excise board prior to June 30, subject to the approval of both the governing board and the officer in charge of the department or appropriation account only in instances as set forth and only in amounts sufficient to pay the increased encumbrances, and by reapportionment to the appropriation accounts in which an underestimated encumbrance was made, all in the manner as now provided by law for the making of supplemental appropriations.
Added by Laws 2004, c. 361, § 31, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 70. Schools › §70-5-189. Second or duplicate check or warrant – Stop payment or affidavit.

A school district may issue a second or duplicate check or warrant in lieu of any check or warrant that has been issued and subsequently lost or destroyed. No second or duplicate check or warrant shall be issued until the school district has stopped payment on said item by the payor bank or, in the alternative, until an affidavit setting forth the facts as to the loss or destruction of the original check or warrant has been received by the school district from the payee, which affidavit may be received by facsimile transmission. The district board of each school district shall establish policies and procedures as will, as nearly as possible, preclude any loss being sustained by the school district on account of the issuance of any second or duplicate check or warrant.
Added by Laws 2004, c. 361, § 32, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 70. Schools › §70-5-190. School district treasurer, encumbrance clerk - Training - Continuing education.

A. Before July 1, 2007, every school district treasurer shall complete at least twelve (12) hours of instruction on school finance laws of this state, accounting, ethics, and the duties and responsibilities of a school district treasurer.
B. Before July 1, 2007, every school district encumbrance clerk shall complete at least twelve (12) hours of instruction on school finance laws of this state, accounting, ethics, and the duties and responsibilities of a school district encumbrance clerk.
C. Except as otherwise provided for, every school district treasurer and encumbrance clerk employed after July 1, 2007, shall be required, within nine (9) months after employment in the position by a school district, to complete the instruction required pursuant to subsections A and B of this section. Any instruction as described in subsections A and B of this section completed by the school district treasurer or encumbrance clerk within three (3) years prior to employment in the position by the school district shall count toward satisfying the requirements of this subsection.
D. Every school district treasurer and encumbrance clerk shall be required to complete a minimum of twelve (12) hours of continuing education every three (3) years, in addition to the requirements of subsections A and B of this section.
E. The requirements of this section shall not apply to any county treasurer who also acts as a school district treasurer; however, nothing herein shall prevent a county treasurer from attending such training or continuing education.
Added by Laws 2005, c. 472, § 1, eff. July 1, 2005. Amended by Laws 2011, c. 231, § 1, eff. Nov. 1, 2011; Laws 2016, c. 24, § 1, emerg. eff. April 11, 2016.
2023 Oklahoma Statutes › Title 70. Schools › §70-5-200. Contracting with an educational management organization – Disclosure of financial details – Binding contracts with teachers and board of education.

A. As used in this section, “educational management organization” means a for-profit or nonprofit organization that receives public funds to provide administration and management services for a charter school, statewide virtual charter school, or traditional public school.
B. A charter school, virtual charter school, or public school that contracts with an educational management organization shall use the Oklahoma Cost Accounting System (OCAS) to report the total amount paid to an educational management organization pursuant to the terms of the contract as well as actual itemized expenditure information for the goods or services provided by the management organization as defined by OCAS expenditure codes including the total compensation package of the superintendent including the base salary, insurance, retirement, and other fringe benefits.
C. Pursuant to Internal Revenue Service guidelines, any owner of an educational management organization shall be required to disclose to the governing board of the school, charter school, or virtual charter school in a public meeting any ownership position in any business that contracts or proposes to contract with the same school that the educational management organization is managing.
D. Whenever any person shall enter into a contract with any school district, public charter school, or virtual charter school in the state to teach in the school, the contract shall be binding on the teacher and on the board of education until the teacher legally has been discharged from the teaching position or released by the board of education from the contract. Except as provided in Section 5-106A of this title, until the teacher has been thus discharged or released, the teacher shall not have authority to enter into a contract with any other board of education in this state for the same time covered by the original contract. If upon written complaint by the board of education of a school district, public charter school, or virtual charter school any teacher is reported to have failed to obey the terms of the contract previously made and to have entered into a contract with another board of education without having been released from the former contract except as provided in Section 5-106A of this title, the teacher, upon being found to be employed full-time for another public school at a hearing held before the State Board of Education, shall have such teacher’s certificate suspended for the remainder of the term for which the contract was made.
Added by Laws 2019, c. 272, § 2, emerg. eff. May 2, 2019. Amended by Laws 2023, c. 323, § 18, eff. July 1, 2024.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.2. Consultant services - Contracts with retired administrators - Contract requirements.

A. No local board of education or administration of a school district or State Board of Education shall enter into a contract for consultant services with any person who has retired as an administrator with any school district for two (2) years after the retirement date of such administrator. Nothing in this section shall prohibit a board of education from employing as a substitute teacher, a person who has retired as an administrator or teacher with a school district within two (2) years after the retirement date of the person.
B. In order for a local board of education, administration of a school district or the State Board of Education to enter into a contract with a person for consultant services as authorized by subsection A of this section, the contract shall contain:
1. A specific list of duties to be performed by the person or by any business entity, regardless of form, from which the person who actually performs the services is authorized to derive any economic benefit, whether direct or indirect;
2. A stated purpose for the contract and the specifically identified need for the services to be performed;
3. An estimate of the duration of the contract, including anticipated periods during which the contract may be renewed;
4. A requirement that the person or business entity performing the consultant service provide the office space, supplies, personnel and other items of expense required in order to perform the contract;
5. A requirement that the person or business entity performing the consultant service provide a written description of services performed under the contract no less than one time each quarter of the year during which the contract is in effect; and
6. A specific identification of all persons who are authorized to perform obligations imposed pursuant to the contract upon behalf of the person or business entity providing consultant services.
C. No local board of education, administration of a school district or State Board of Education may enter into a contract with a natural person who will be employed for any period of time during which there is in force and effect a contract for consultant services to be performed by that person or by a business entity, regardless of form, from which the person employed is authorized to derive any economic benefit, whether direct or indirect. Nothing in this section shall prohibit a local board of education of a school district from contracting to pay for the attendance of school district employees at classes or workshops conducted by a company that employs one or more of the school district employees to conduct the classes or workshops.
Added by Laws 1988, c. 128, § 1, emerg. eff. April 12, 1988. Renumbered from § 6-102.7 of this title by Laws 1989, 1st Ex. Sess., c. 2, § 116, operative July 1, 1990. Amended by Laws 1995, c. 295, § 1, eff. July 1, 1995; Laws 2000, c. 40, § 1, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.4. Power and duties of district superintendent - Exercise of in elementary school districts.

The powers and duties set forth in Section 6-101 et seq. of Title 70 of the Oklahoma Statutes for the superintendent of a school district shall be exercised by the elementary superintendent in elementary school districts.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 69, operative July 1, 1990; Amended by Laws 1991, c. 16, § 4, eff. July 1, 1991.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.5. Rights created by this article subject to modification, amendment, termination and repeal.

Any rights created by Sections 6-101 et seq. of Title 70 of the Oklahoma Statutes are subject to modification, amendment, termination and repeal by the Legislature.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 70, operative July 1, 1990.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.6. Categories of employment contracts.

A. All contracts for employment of, or related employee information worksheets for, a teacher or administrator by a district board of education shall include the following categories in a clear and concise format:
1. Employee information including:
a.
employee's name,
b.
degree(s) employee holds,
c.
number of years of teaching credit for salary purposes, and
d.
step placement on salary schedule;
2. Salary information including:
a.
pay based on state minimum salary schedule,
b.
district salary supplement,
c.
extra-duty or extracurricular salary amounts, itemized,
d.
other salary,
e.
total salary,
f.
dollar amount of salary paid in cash, and
g.
dollar amount of salary paid in fringe benefits, as defined and allowed by Section 18-114.14 of this title, with an itemized list of each benefit and amount paid toward it; and
3. Benefits information including:
a.
state-paid flexible benefit allowance amount,
b.
district-paid retirement contributions (over any amount for retirement insurance paid as part of salary and excluding any amounts paid pursuant to Section 17-108.1 of this title),
c.
district-paid health insurance (over any amount paid as part of salary),
d.
other district-paid benefits, such as life, dental, disability, salary protection, vision, cancer, health supplemental insurance (over any amount paid as part of salary),
e.
other benefits, with an itemized list of each benefit and dollar amount paid toward it (not including any benefits paid as part of salary), and
f.
total district-paid benefits (not including any benefits paid as part of salary).
B. Beginning with the 2016-2017 school year, school districts shall annually provide to each teacher and administrator a copy of an employee information worksheet containing information for each teacher or administrator in the categories listed in subsection A of this section prior to the first payroll in November. School districts shall designate one or more persons to review the worksheet with any teacher or administrator upon request to answer any questions.
C. The State Department of Education shall require in its annual personnel report the amounts paid in each category set out in subparagraphs a through g of paragraph 2 and subparagraphs a through f of paragraph 3 of subsection A of this section, disaggregated by the categories of administrative personnel and certified teaching personnel.
Added by Laws 2003, c. 290, § 1. Amended by Laws 2016, c. 274, § 1; Laws 2016, c. 342, § 1.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.6a. Employment contracts - Status of applicant's children.

A. No contract for employment of, or related employee information worksheets for, a teacher, administrator or other school district personnel shall inquire of the applicant whether he or she has children or where the applicant plans to enroll his or her children if hired.
B. Beginning with the 2013-2014 school year, a school district board of education and administrator shall be prohibited from taking into consideration or making a condition of employment the enrollment status of an applicant's children.
Added by Laws 2013, c. 9, § 1.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.6b. Prohibiting disciplinary action against teachers for reporting violations of law.

A. For purposes of this section, "teacher" means the term as defined in paragraph 1 of Section 1-116 of Title 70 of the Oklahoma Statutes.
B. No school district shall prohibit or take disciplinary action against teachers for:
1. Disclosing public information to correct what the teacher reasonably believes evidences a violation of the Oklahoma Constitution or law or a rule promulgated pursuant to law;
2. Reporting a violation of the Oklahoma Constitution or state or federal law; or
3. Taking any of the above actions without giving prior notice to the teacher's supervisor or anyone else in the teacher's chain of command.
C. For the purposes of this section, "reporting" means providing a spoken or written account to a supervising teacher, administrator, school board member, representative from the State Department of Education, law enforcement official, district attorney and/or parent or legal guardian of a student directly impacted by the actions.
D. Each school district shall prominently post or publish a copy of this section of law in locations where it can reasonably be expected to come to the attention of all teachers.
E. Nothing in this section shall be construed to allow a teacher to violate students' or parents' rights to confidentiality and protection under the Family Educational Rights and Privacy Act (FERPA).
Added by Laws 2017, c. 291, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.8. Restrictions on attorneys involved in due process hearings.

An attorney, representative, or other designee of the school district who has represented or represents a school district or the administration of a school district at a hearing held for the purpose of affording due process rights and requirements for an administrator as provided for in Section 6-101.13 of Title 70 of the Oklahoma Statutes, a teacher as provided for in Section 6-101.26 of Title 70 of the Oklahoma Statutes, or a support employee as provided for in Section 6-101.46 of Title 70 of the Oklahoma Statutes or who has been involved or participated in any prehearing actions of the school district with respect to a recommendation for the termination of employment or nonreemployment of an administrator, teacher, or support employee shall not:
1. Conduct or preside as the hearing officer or judge at a due process hearing or hearings; and
2. Attend, advise at, or in any way influence an executive session of the school district board of education that is held in conjunction with a due process hearing or hearings if the attorney, representative, or other designee of the school district conducted or presided over the due process hearing or hearings as the hearing officer or judge.
Added by Laws 2013, 1st Ex. Sess., c. 8, § 2, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 70, § 6-101.7, which was derived from Laws 2009, c. 228, § 74, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.11. Copy of evaluation to person evaluated - Disclosure at hearings - Confidentiality.

Whenever any evaluation is made of a teacher or administrator, a true copy of the evaluation shall be presented to the person evaluated, who shall acknowledge the written evaluation by signing the original. Within two (2) weeks after the evaluation, the person evaluated may respond and said response shall be made part of the record. Except by order of a court of competent jurisdiction, evaluation documents and the responses thereto shall be available only to the evaluated person, the board of education, the administrative staff making the evaluation, the board and administrative staff of any school to which such evaluated person applies for employment and such other persons as are specified by the teacher in writing and shall be subject to disclosure at any hearing involving a teacher or administrator's dismissal or nonrenewal from employment. Data collected pursuant to Section 6-101.10 shall be available to authorized representatives of the State Department of Education and its contracting designees who must be contractually bound to the Department to maintain confidentiality of all information received from the Department when such evaluation data is used by the Department for data collection/analysis purposes under the Oklahoma Teacher and Leader Effectiveness Evaluation System, and such other persons as are specified by the teacher in writing and shall be subject to disclosure at any hearing involving a teacher or administrator's dismissal or nonrenewal from employment.
Added by Laws 1977, c. 262, § 3, emerg. eff. June 17, 1977. Amended by Laws 1989, 1st Ex.Sess., c. 2, § 72, operative July 1, 1990. Renumbered from Title 70, § 6-102.3 by Laws 1989, 1st Ex.Sess, c. 2, § 117, operative July 1, 1990. Amended by Laws 2014, c. 331, § 2, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.13. Full-time certified administrators - Dismissal or nonreemployment - Due process.

A. Whenever the school district board of education or the administration of a school district shall determine that the dismissal or nonreemployment of a full-time certified administrator from the administrative position within the school district should be effected, the administrator shall be entitled to the following due process procedures:
1. A statement shall be submitted to the administrator in writing prior to the dismissal or nonreemployment which states the proposed action, lists the reasons for effecting the action, and notifies the administrator of his or her right to a hearing before the school district board of education prior to the action; and
2. A hearing before the school district board of education shall be granted upon the request of the administrator prior to the dismissal or nonreemployment. A request for a hearing shall be submitted to the board of education not later than ten (10) days after the administrator has been notified of the proposed action.
B. Failure of the administrator to request a hearing before the school district board of education within ten (10) days after receiving the written statement shall constitute a waiver of the right to a hearing. No decision of the board of education concerning the dismissal or nonreemployment of a full-time certified administrator shall be effective until the administrator has been afforded due process as specified in this section. The decision of the school district board of education concerning the dismissal or nonreemployment, following the hearing, shall be final.
C. Beginning with the 2017-2018 school year and thereafter, a principal who has received district evaluation ratings of "ineffective" as measured pursuant to the TLE as set forth in Section 6-101.16 of this title for two (2) consecutive school years may be dismissed or not reemployed by the school district, subject to the due process procedures of this section.
Added by Laws 1985, c. 234, § 1, eff. Nov. 1, 1985. Amended by Laws 1986, c. 290, § 1, eff. Nov. 1, 1986. Renumbered from § 6-102.4 of this title by Laws 1989, 1st Ex. Sess., c. 2, § 118, operative July 1, 1990. Amended by Laws 2010, c. 291, § 9, eff. July 1, 2012; Laws 2013, c. 373, § 3; Laws 2015, c. 365, § 3, eff. July 1, 2015; Laws 2016, c. 301, § 3, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.14. Administrators - Suspension.

Whenever the local board of education or the administration of a school district has reason to believe that cause exists for the dismissal of an administrator, and when they are of the opinion that the immediate suspension of an administrator would be in the best interests of the children in the district, the local board of education or the superintendent of the school district may suspend the administrator without notice or hearing. However, the suspension of the administrator shall not deprive the administrator of any compensation or other benefits to which he or she would otherwise be entitled under his or her contract or pursuant to law. Within ten (10) days' time after such suspension becomes effective, the local board of education shall initiate proceedings pursuant to Section 6-102.4 of this title to have the administrator dismissed. However, in a case involving a criminal charge or indictment, such suspension may extend to such time as the administrator's case is finally adjudicated at a trial. Provided, however, such extension shall not include any appeal process.
Added by Laws 1986, c. 290, § 2, eff. Nov. 1, 1986. Renumbered from § 6-102.6 by Laws 1989, 1st Ex. Sess., c. 2, § 118, operative July 1, 1990. Amended by Laws 1995, c. 8, § 1, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.15. Administrators - Conviction of felony - Criminal sexual activity or sexual misconduct.

A. An administrator shall be dismissed or not reemployed, unless a presidential or gubernatorial pardon has been issued, if during the term of employment such administrator is convicted in this state, the United States or another state of:
1. Any sex offense subject to the Sex Offenders Registration Act in this state or subject to another state's or the federal sex offender registration provisions; or
2. Any felony offense.
B. An administrator may be dismissed, refused employment or not reemployed after a finding that such person has engaged in criminal sexual activity or sexual misconduct that has impeded the effectiveness of the individual's performance of school duties. As used in this subsection:
1. "Criminal sexual activity" means the commission of an act as defined in Section 886 of Title 21 of the Oklahoma Statutes, which is the act of sodomy; and
2. "Sexual misconduct" means the soliciting or imposing of criminal sexual activity.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 74, operative July 1, 1990. Amended by Laws 1998, c. 411, § 1, eff. July 1, 1998.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.20. Teacher Due Process Act of 1990 - Short title.

Sections 75 through 85 of this act shall be known and may be cited as the "Teacher Due Process Act of 1990".
Added by Laws 1989, 1st Ex.Sess., c. 2, § 75, operative July 1, 1990.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.21. Standards of performance and conduct for teachers.

A. The State Board of Education shall promulgate standards of performance and conduct for teachers. A copy of such standards, any amendments to such standards and any standards adopted by the board of education of the school district shall be provided by the board of education of each school district to each teacher on or before April 10 of each year.
B. The State Board of Education shall include the statutory grounds for dismissal and nonreemployment of career teachers within this standards document.
C. Standards which may be adopted by the board of education of a school district shall not conflict with state or federal law or standards promulgated by the State Board of Education.
D. In determining whether or not the professional performance of a teacher is adequate, the standards adopted by the State Board of Education shall be considered. Consideration may be given to any written standards of performance which have been adopted by any other education-oriented organization or agency. Professional performance or conduct of a teacher which is in compliance with standards adopted by the State Board of Education or the local board of education pursuant to Section 71 of this act shall not be considered in support of any dismissal or nonreemployment action against the teacher.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 76, operative July 1, 1990.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.23. Application of act - Exemptions.

A. The dismissal, suspension and nonreemployment provisions of the Teacher Due Process Act of 1990 shall not apply to:
1. Substitute teachers;
2. Adult education teachers; and
3. Teachers who are employed on temporary contracts.
B. The dismissal and suspension provisions of the Teacher Due Process Act of 1990 shall apply to teachers who are employed on temporary contracts for a complete school year and to teachers who are employed in positions fully funded by federal or private categorical grants, except that such teachers shall be employed only for the duration of the temporary contract or the grant.
C. The evaluation provisions in Sections 6-101.10 and 6-101.11 of this title and in the Teacher Due Process Act of 1990 shall apply to teachers who are employed on temporary contracts for a complete school year and to teachers who are employed in positions fully funded by federal or private categorical grants, except that such teachers shall be employed only for the duration of the temporary contract or the grant.
D. Teachers other than those specifically excepted in subsection A of this section who are employed on contracts shall be afforded all substantive and procedural rights set forth in the Teacher Due Process Act of 1990 including the dismissal, suspension, and nonreemployment provisions applicable to probationary or career teachers as defined in Section 6-101.3 of this title.
E. On and after the effective date of this act any teacher who has worked a complete school year under a temporary contract in a school district shall be granted a year of service credit toward career status in that district.
F. No teacher shall be hired on a temporary contract by a school district for more than four semesters or on multiple temporary contracts by a school district that together are for more than four semesters, except for a:
1. Teacher hired to replace a teacher who is on an approved leave of absence and who is expected to return to employment with the school district; or
2. Teacher who is a retired member of the Teachers' Retirement System of Oklahoma.
G. No teacher shall be offered a temporary contract with a school district without a full written disclosure at the time a position is offered by the administration of the school district which sets forth the terms and conditions of the temporary contract. In the event the school district fails to provide such written disclosure, the teacher shall be considered as employed on a continuing contract basis.
H. On and after the effective date of this act no teacher who is employed on a continuing contract basis by a school district shall be reemployed on a temporary contract in that school district.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 78, operative July 1, 1990. Amended by Laws 1999, c. 114, § 1, eff. July 1, 1999; Laws 2000, c. 357, § 1, eff. July 1, 2000; Laws 2009, c. 25, § 1, eff. July 1, 2009; Laws 2010, c. 34, § 1, eff. July 1, 2010; Laws 2013, c. 92, § 1, eff. July 1, 2013.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.24. Poor performance or conduct of teacher - Administrator's duties and responsibilities - Compliance with act required.

A. Upon full implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.10 of this title, when a teacher receives a rating as measured pursuant to the TLE as set forth in Section 6-101.16 of this title that may lead to a recommendation for the dismissal or nonreemployment of the teacher or when an administrator identifies poor performance or conduct that the administrator believes may lead to a recommendation for the dismissal or nonreemployment of the teacher, the administrator shall:
1. Admonish the teacher, in writing, and make a reasonable effort to assist the teacher in correcting the poor performance or conduct; and
2. Establish a reasonable time for improvement, not to exceed two (2) months, taking into consideration the rating on the evaluation or the nature and gravity of the performance or conduct.
B. If the teacher does not correct the poor performance or conduct cited in the admonition within the time specified, the administrator shall make a recommendation to the superintendent of the school district for the dismissal or nonreemployment of the teacher.
C. Whenever a member of the board of education, superintendent, or other administrator identifies poor performance or conduct that may lead to a recommendation for dismissal or nonreemployment of a teacher within the district, the administrator who has responsibility for evaluation of the teacher shall be informed, and that administrator shall comply with the procedures set forth in this section. If the administrator fails or refuses to admonish the teacher within ten (10) days after being so informed by the board, superintendent, or other administrator, such board, superintendent or other administrator shall admonish the teacher pursuant to the provisions of this section.
D. Repeated negligence in performance of duty, willful neglect of duty, incompetency, instructional ineffectiveness or unsatisfactory teaching performance, for a career teacher, or any cause related to inadequate teaching performance for a probationary teacher, shall not be a basis for a recommendation to dismiss or not reemploy a teacher unless and until the provisions of this section have been complied with.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 79, operative July 1, 1990. Amended by Laws 1992, c. 34, § 1, eff. July 1, 1992; Laws 2010, c. 291, § 11, eff. July 1, 2012; Laws 2013, c. 373, § 6.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.26. Mailing or delivery of recommendation to teacher - Teacher hearing.

A. Whenever a board of education receives a recommendation from the superintendent for the dismissal or nonreemployment of a teacher, the board or individual designated by the board shall mail a copy of the recommendation to the teacher by certified mail, restricted delivery, return receipt requested, by personal delivery to the teacher with a signed acknowledgement of receipt, or by delivery by a process server. By the same means, the board shall notify the teacher of the right to a hearing before the board and the date, time and place set by the board for the hearing, which shall be held within the school district not sooner than twenty (20) days or later than sixty (60) days after receipt of notice by the teacher, the date on the personal receipt by hand-delivery to the teacher, or the date of delivery by a process server. The notice shall specify the statutory grounds upon which the recommendation is based upon for a career teacher or shall specify the cause upon which the recommendation is based upon for a probationary teacher. The notice shall also specify the underlying facts supporting the recommendation. At the hearing, the teacher shall be entitled to all rights guaranteed under the circumstances by the United States Constitution and the Constitution of Oklahoma.
B. The teacher hearing shall be conducted by the district board according to procedures established by the State Board of Education.
C. Only after due consideration of the evidence and testimony presented at the hearing shall the district board decide whether to dismiss or nonreemploy the teacher. The vote of the board shall be made in an open meeting. The board shall also notify the teacher of the decision, including the basis for the decision, by certified mail, restricted delivery, return receipt requested, or substitute process as provided by law. The decision of the board regarding a teacher shall be final and nonappealable. At the hearing the burden of proof shall be upon the superintendent or designee, and the standard of proof shall be by the preponderance of the evidence. The teacher shall receive any compensation or benefits to which the teacher is otherwise entitled until the decision of the board becomes final. If the hearing for a teacher is for nonreemployment, such compensation and benefits may be continued only until the end of the current contract of the teacher.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 81, operative July 1, 1990. Amended by Laws 2003, c. 434, § 9; Laws 2006, c. 112, § 2, eff. July 1, 2006; Laws 2010, c. 291, § 12, eff. July 1, 2012; Laws 2011, c. 40, § 4.
NOTE: Laws 2011, c. 40, § 3 repealed by Laws 2012, c. 11, § 21, emerg. eff. April 4, 2012.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.28. Applicable procedure.

The applicable procedure in the event of a recommendation by the superintendent for the dismissal or nonreemployment of a teacher shall be that procedure provided by law on the date such dismissal or nonreemployment is recommended to the local board of education.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 83, operative July 1, 1990.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.29. Immediate suspension - Compensation and benefits - Hearing for dismissal.

Whenever the superintendent of a school district has reason to believe that cause exists for the dismissal of a teacher and is of the opinion that the immediate suspension of the teacher would be in the best interests of the children in the district, the superintendent or the local board of education upon receiving recommendation for suspension from the superintendent may suspend the teacher without notice or hearing. However, the suspension shall not deprive the teacher of any compensation or other benefits to which otherwise entitled. Within ten (10) days' time after the suspension becomes effective, the local board of education shall initiate a hearing for dismissal pursuant to law.
However, in a case involving a criminal charge or indictment, the suspension may extend until the case for the teacher is finally adjudicated at trial. The extension shall not include any appeal process.
Added by Laws 1989, 1st Ex. Sess., c. 2, § 84, operative July 1, 1990. Amended by Laws 1992, c. 34, § 2, eff. July 1, 1992; Laws 2011, c. 40, § 5.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.30. Annexed or consolidated district to give teacher credit for years of service in annexed or consolidated district.

A. If a school district is annexed, either voluntarily or involuntarily, by another school district, the annexing district shall give teachers credit for all purposes for years of service performed in the annexed district as though said years of service were actually performed in the annexing district.
B. In the event school districts are consolidated, the consolidated school district shall give teachers credit for all purposes for years of service in the school districts which are consolidated as though said years of service were actually performed in the consolidated school district.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 85, operative July 1, 1990.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.31. Determining retention or reassignment of teachers and administrators.

Upon full implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6-101.10 of this title, the primary basis used in determining the retention or reassignment of affected teachers and administrators when a school district implements a reduction-in-force plan shall be the ratings of the teachers and administrators as measured pursuant to the TLE as set forth in Section 6-101.16 of this title.
Added by Laws 2010, c. 291, § 14, eff. July 1, 2012. Amended by Laws 2013, c. 373, § 7.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.40. Suspension, demotion, termination or nonreemployment for cause of support employee.

A support employee who has been employed by a local board of education for more than one (1) year shall be subject to suspension, demotion, termination or nonreemployment only for cause, as designated by the policy of the local board of education, adopted as provided in Section 6-101.43 of this title. This section shall not be construed to prevent layoffs for lack of funds or work. For purposes of this act, "support employee" means a full-time employee of a school district as determined by the standard period of labor which is customarily understood to constitute full-time employment for the type of services performed by the employee who is employed a minimum of one hundred seventy-two (172) days and who provides those services, not performed by professional educators or certified teachers, which are necessary for the efficient and satisfactory functioning of a school district and shall not include adult education instructors or adult coordinators employed by technology center school districts.
Added by Laws 1981, c. 122, § 1, eff. Jan. 1, 1982. Amended by Laws 1985, c. 143, § 3, eff. July 1, 1985. Renumbered from § 24-133 of this title by Laws 1989, 1st Ex. Sess., c. 2, § 119, operative July 1, 1990. Amended by Laws 1993, c. 215, § 2, emerg. eff. May 24, 1993; Laws 1993, c. 360, § 8, eff. July 1, 1993; Laws 2001, c. 33, § 79, eff. July 1, 2001; Laws 2014, c. 124, § 6, eff. July 1, 2014.
NOTE: Laws 1993, c. 20, § 1 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993.
2023 Oklahoma Statutes › Title 70. Schools › §70-6-101.41. School support employees - Conviction of felony - Criminal sexual activity or sexual misconduct.

A. A school support employee as defined in Section 6-101.40 of this title shall be dismissed or not reemployed, unless a presidential or gubernatorial pardon has been issued, if during the term of employment such employee is convicted in this state, the United States or another state of:
1. Any sex offense subject to the Sex Offenders Registration Act in this state or subject to another state's or the federal sex offender registration provisions; or
2. Any felony offense.
B. A school support employee may be dismissed, refused employment or not reemployed after a finding that such person has engaged in criminal sexual activity or sexual misconduct that has impeded the effectiveness of the individual's performance of school duties. As used in this subsection:
1. "Criminal sexual activity" means the commission of an act as defined in Section 886 of Title 21 of the Oklahoma Statutes, which is the act of sodomy; and
2. "Sexual misconduct" means the soliciting or imposing of criminal sexual activity.
Added by Laws 1989, 1st Ex.Sess., c. 2, § 86, operative July 1, 1990. Amended by Laws 1998, c. 411, § 3, eff. July 1, 1998.