Bill Summary – FastDemocracy

1                                 STATE OF OKLAHOMA
2                    1st Session of the 59th Legislature (2023)
3    HOUSE BILL 2260                         By: Sterling
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6                                  AS INTRODUCED
7           An Act relating to schools; amending 70 O.S. 2021,
            Section 6-101.25, which relates to recommendations of
8           the superintendent; including additional situations
            certain recommendations for revoking licenses may be
9           made; describing said situations; and providing an
            effective date.
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11   BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12       SECTION 1.       AMENDATORY     70 O.S. 2021, Section 6-101.25, is
13   amended to read as follows:
14       Section 6-101.25    A.   Whenever a superintendent decides to
15   recommend that a teacher employed within the school district be
16   dismissed or not reemployed, the superintendent shall state the
17   recommendation in writing, setting forth the basis for the
18   recommendation, and shall submit such recommendation to the board of
19   education.
20       If the teacher subject to such recommendation is a career
21   teacher, the recommendation shall specify the statutory grounds for
22   which the recommendation is based.
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     Req. No. 5324                                                       Page 1
1        If the teacher subject to such recommendation is a probationary
2    teacher, the recommendation shall specify the cause for which the
3    recommendation is based.
4        The superintendent shall also specify the underlying facts
5    supporting the recommendation.
6        B.   If the recommendation includes grounds that could form the
7    basis of criminal charges sufficient to result in the denial or
8    revocation of a certificate for a reason set forth in subparagraph a
9    of paragraph 6 of Section 3-104 of this title, or is based on a
10   civil settlement for the same actions described in subparagraph a of
11   paragraph 6 of Section 3-104 of this title, a copy of the
12   recommendation shall also be forwarded to the State Board of
13   Education after the completion of due process procedures pursuant to
14   Section 6-101.26 of this title or after the teacher resigns.
15   Failure to forward a copy of the recommendation to the State Board
16   of Education shall not be the basis for any claim or action against
17   a public school, its board of education, employees, agents or other
18   representatives.   If the school district forwards a copy of the
19   recommendation to the State Board of Education, the school district
20   shall contemporaneously forward a copy to the teacher subject to
21   such recommendation.   The teacher may provide supplementary
22   information to the State Board of Education.
23       C.   Only school districts may request a copy of the
24   recommendation from the State Board of Education, and only if a
     Req. No. 5324                                                      Page 2
1    teacher is being considered for new employment or a teacher is
2    currently employed by the requesting school district.    The State
3    Board of Education shall notify the teacher subject to the
4    recommendation if such a request is made and provide the identity of
5    the school district that made such request.   The State Board of
6    Education shall provide the requesting school district documents
7    related to the recommendation as well as any supplementary
8    information provided by the teacher subject to the recommendation,
9    and copies shall be contemporaneously forwarded to the teacher
10   subject to the recommendation.   Records provided to a requesting
11   school district pursuant to this subsection shall be kept
12   confidential.
13       D.   Except as provided for in subsection C of this section, the
14   State Board of Education shall keep recommendations submitted
15   pursuant to subsection B of this section confidential.    Records
16   created pursuant to this section shall not be subject to disclosure
17   under the Oklahoma Open Records Act.
18       E.   If the State Board of Education or a school district that
19   generated or received documents pursuant to subsection C of this
20   section is served a subpoena requesting disclosure of the documents,
21   the teacher subject to the recommendation shall immediately be
22   notified and be provided the opportunity to object to the subpoena.
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     Req. No. 5324                                                    Page 3
1       SECTION 2.   This act shall become effective November 1, 2023.
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3       59-1-5324      JM      01/18/23
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     Req. No. 5324                                                  Page 4