1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1992 By: Green
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6 AS INTRODUCED
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7 An Act relating to teacher pay; amending 10 O.S.
7 2021, Section 1419, which relates to personnel
8 standards for the Oklahoma School for the Blind and
8 the Oklahoma School for the Deaf; removing language
9 establishing minimum salary level for instructional
9 personnel; updating statutory language; amending 57
10 O.S. 2021, Section 510.6a, as amended by Section 6,
10 Chapter 291, O.S.L. 2023 (57 O.S. Supp. 2023, Section
11 510.6a), which relates to correctional teachers or
11 vocational instructors employed by the Department of
12 Corrections; removing language establishing minimum
12 salary amounts for correctional teachers or
13 vocational instructors; directing the State Board of
13 Corrections to establish certain minimum salary
14 amounts; updating statutory reference; updating
14 statutory language; amending 70 O.S. 2021, Sections
15 1-113, 1-116, 3-104.8, 3-129.11, 5-141, 6-101, 6-
15 101.6, 6-104.1, as amended by Section 2, Chapter 291,
16 O.S.L. 2023, 6-190, as amended by Section 3, Chapter
16 359, O.S.L. 2022, 6-204.2, 6-206, 6-207, 11-103.7,
17 and 26-104 (70 O.S. Supp. 2023, Sections 6-104.1 and
17 6-190), which relate to schools; removing references
18 to the minimum salary schedule for certified school
18 personnel; adding references to salary schedules
19 adopted by school district boards of education;
19 requiring school district boards of education to
20 adopt certain minimum salary schedule beginning with
20 certain school year; establishing requirements for
21 salary schedule; requiring certain report to be
21 submitted electronically; removing reference to
22 salary increments for teachers with National Board
22 certification; directing teachers with National Board
23 certification to receive certain salary increments
23 set forth in certain salary schedule beginning on
24 certain date; removing outdated language; updating
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1 statutory language; updating statutory references;
1 repealing 70 O.S. 2021, Section 18-114.1 and Section
2 1, Chapter 289, O.S.L. 2023 (70 O.S. Supp. 2023,
2 Section 18-114.15), which relate to the minimum
3 salary schedule for certified school personnel;
3 providing an effective date; and declaring an
4 emergency.
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7 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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8 SECTION 1. AMENDATORY 10 O.S. 2021, Section 1419, is
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9 amended to read as follows:
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10 Section 1419. A. The Commission for Rehabilitation Services
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11 shall establish and maintain such methods of administration,
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12 including methods relating to the establishment and maintenance of
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13 personnel standards, as are necessary for the proper and efficient
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14 administration of the Oklahoma School for the Blind and the Oklahoma
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15 School for the Deaf, and programs thereat; shall maintain records
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16 and reports,; shall provide a uniform accounting system; and shall
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17 incur such expenses and make such expenditures as it deems necessary
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18 to maintain and operate such schools.
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19 B. 1. Instructional Personnel. The Director of the State
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20 Department of Rehabilitation Services shall employ or contract with
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21 such qualified instructional personnel including, but not limited
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22 to, teachers, and such other persons serving in an instructional
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23 capacity, as the director deems necessary for the proper operation
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24 of each school and shall fix their duties and compensation. The
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1 superintendent, teachers, and other employees shall be eligible for
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2 membership or participation in the Teachers’ Retirement System of
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3 Oklahoma to the same extent and on the same basis as teachers and
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4 other employees of other state educational institutions and public
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5 schools. The Director shall not employ or contract with a person as
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6 instructional personnel unless the superintendent of the school has
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7 recommended that person. If there is a vacancy in the
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8 superintendent position or if the superintendent is unable to make a
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9 recommendation within thirty (30) days after a request for a
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10 recommendation is made, the Director is authorized to employ or
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11 contract with any person without a recommendation from the
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12 superintendent.
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13 2. Career Teacher. A career teacher is a member of the
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14 instructional staff who has served in an instructional capacity for
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15 three (3) or more consecutive years in either school, or who has
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16 served in a public school district in such a way so as to meet the
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17 definition of a career teacher as provided for in Section 6-101.3 of
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18 Title 70 of the Oklahoma Statutes. Career teacher shall not include
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19 a school nurse.
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20 3. Probationary Teacher. A probationary teacher is a member of
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21 the instructional staff who has served in an instructional capacity
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22 for less than three (3) consecutive years in either school, or who
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23 has served in a public school district in such a way so as to meet
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1 the definition of a probationary teacher as provided for in Section
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2 6-101.3 of Title 70 of the Oklahoma Statutes.
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3 C. Administrative Personnel.
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4 1. The Director of the State Department of Rehabilitation
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5 Services shall employ or appoint the superintendent of each school
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6 and shall fix their duties and compensation. The superintendents
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7 shall be in the unclassified service.
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8 2. The Director of the State Department of Rehabilitation
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9 Services shall employ or contract with such other administrative
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10 personnel as the Director deems necessary for the proper operation
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11 of each school and shall fix their duties and compensation. The
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12 administrative personnel may include, but is not limited to,
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13 assistant superintendents, principals, vice-principals vice
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14 principals, and other persons who devote a majority of their time to
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15 service in a supervisory or administrative capacity.
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16 D. An orientation and mobility specialist employed by the State
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17 Department of Rehabilitation Services to serve at the Oklahoma
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18 School for the Blind shall be accorded the same protection of laws
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19 and all other benefits accorded instructional personnel, including
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20 but not limited to, the minimum salary level for instructional
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21 personnel.
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22 E. 1. The Commission shall, pursuant to the Administrative
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23 Procedures Act, adopt personnel policies for instructional and
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24 administrative personnel, except for superintendents, that are
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1 consistent with the law applicable to public school district
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2 employees, including, but not limited to, leave, payment for unused
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3 personal leave and employment policies, evaluation policy, grievance
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4 procedures, professional development, and a minimum salary schedule.
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5 The Commission shall initiate a rulemaking process for the personnel
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6 policies for instructional and administrative personnel no later
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7 than October 1, 2003. The minimum salary level for qualified
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8 instructional personnel shall meet or exceed the minimum salary
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9 level provided for public school teachers in Section 18-114.14 of
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10 Title 70 of the Oklahoma Statutes or any additional minimum salary
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11 schedule enacted by the Legislature and the Commission shall meet or
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12 exceed any other legislatively mandated pay raises for teachers that
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13 are not part of the minimum salary schedule. The Department shall
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14 notify teachers and other personnel on or before the first Monday in
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15 June of each year concerning the renewal of contracts consistent
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16 with the requirements for public school teachers as provided for in
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17 Section 6-101 of Title 70 of the Oklahoma Statutes. The policy for
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18 professional development programs for instructional and
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19 administrative personnel shall be consistent with the requirements
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20 for professional development programs for public school teachers as
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21 provided in Section 6-194 of Title 70 of the Oklahoma Statutes.
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22 2. Final disciplinary action taken against a member of the
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23 instructional or administrative staff, except superintendents,
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24 including termination or the nonrenewal of a contract, shall be
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1 subject to the administrative hearing procedures as set forth in
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2 Article II of the Oklahoma Administrative Procedures Act. If the
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3 final decision of the Director is to terminate or to not renew the
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4 contract of a career teacher or administrator, the career teacher or
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5 administrator, except superintendent, shall not have a right to
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6 judicial review pursuant to Article II of the Oklahoma
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7 Administrative Procedures Act, but shall have a right to a trial de
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8 novo as provided for in Section 1419a of this title. Disciplinary
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9 action against a probationary teacher shall be final unless
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10 otherwise provided for by law.
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11 F. The State Department of Education shall insure ensure that
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12 any funds which have been received in Oklahoma by the State
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13 Department of Education because of students who are enrolled and
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14 attending the Oklahoma School for the Blind and the Oklahoma School
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15 for the Deaf are transferred to the State Department of
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16 Rehabilitation Services for use by these schools in proportion to
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17 the number of students enrolled and attending who were the basis for
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18 the receipt of these federal funds.
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19 G. School personnel who have entered into contracts with the
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20 schools on or before July 1, 1995, shall be entitled to longevity
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21 pay as provided in Section 840-2.18 of Title 74 of the Oklahoma
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22 Statutes.
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1 SECTION 2. AMENDATORY 57 O.S. 2021, Section 510.6a, as
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2 amended by Section 6, Chapter 291, O.S.L. 2023 (57 O.S. Supp. 2023,
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3 Section 510.6a), is amended to read as follows:
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4 Section 510.6a. A. Persons certified to teach in this state
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5 and meeting all minimum qualifications set by the Office of
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6 Management and Enterprise Services, who are hired or employed as
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7 correctional teachers or vocational instructors by the Department of
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8 Corrections educational program, shall receive in salary the minimum
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9 amounts specified in Section 1 of Enrolled Senate Bill No. 1119 of
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10 the 1st Session of the 59th Oklahoma Legislature multiplied by a
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11 factor of 1.20 established by the State Board of Corrections.
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12 Correctional The Board shall establish minimum salary amounts for
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13 teachers serving as lead workers with supervisory responsibilities
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14 shall receive the minimum amounts specified above multiplied by a
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15 factor of 1.25. Correctional teachers who have a special education
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16 certificate shall receive a salary of an additional five percent
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17 (5%). Correctional teachers shall receive the benefits set forth in
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18 Sections 1370 and 1707 of Title 74 of the Oklahoma Statutes;
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19 provided, however, correctional teachers shall not be eligible for
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20 longevity payments pursuant to Section 840-2.18 of Title 74 of the
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21 Oklahoma Statutes. Eligible persons employed as correctional
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22 teachers or vocational instructors by the Department of Corrections
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23 shall be entitled to paid maternity leave as provided for in Section
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24 1 Section 6-104.8 of this act Title 70 of the Oklahoma Statutes.
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1 B. Persons employed by the Department of Corrections school
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2 system as nonteaching administrators shall be in the unclassified
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3 service and shall not be placed under the classified service;
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4 however, any classified employee occupying an administrative
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5 position prior to July 1, 2000, shall retain the right to remain in
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6 the classified service. At such time as such position becomes
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7 vacant, it shall be placed in the unclassified service.
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8 C. Except as provided by this section of law, the employment of
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9 persons by the Department of Corrections educational program as
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10 teachers or administrators shall be entirely governed by the
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11 provisions of Title 74 of the Oklahoma Statutes and any other laws
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12 or rules regarding state employees and their employment; however, no
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13 Department of Corrections correctional teacher or vocational
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14 instructor, whose salary is calculated in accordance with the
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15 provisions of this section, shall be entitled to receive any pay
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16 increases for state employees authorized elsewhere in statute, rule,
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17 or law. Correctional teachers or vocational instructors shall
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18 receive any legislated pay increases granted in addition to the
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19 Title 70 minimum salary schedule; provided, such increases are given
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20 to all common education/vocational technical common education and
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21 technology center school teachers.
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22 D. The salaries for all correctional teachers and vocational
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23 instructors shall be adjusted annually on July 1 unless legislation
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24 authorizes a pay raise for educators with an implementation date
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1 other than July 1, in which case the annual adjustment shall occur
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2 on the date of the pay raise implementation.
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3 E. The monthly salaries of correctional teachers and vocational
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4 instructors employed by the Department of Corrections on the
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5 effective date of this act will shall be adjusted according to the
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6 procedures authorized in subsection A of this section on the first
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7 day of the month following the effective date of this act.
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8 Longevity payments will shall be eliminated in the month following
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9 the effective date of this act for correctional teachers and
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10 vocational instructors whose salaries are calculated according to
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11 the provisions of this section. The salaries of the employees
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12 governed by this section who are employed on the effective date of
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13 this act will shall be recalculated. The recalculation will shall
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14 be based on the provisions of subsection A of this section for
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15 actual time employed as a Department of Corrections correctional
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16 teacher or vocational instructor between July 1, 2004, and the last
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17 day of the month in which this act becomes effective. Authorized
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18 employees will shall receive a one-time payment equal to the
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19 difference between the recalculated salary amount and the
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20 compensation received.
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21 SECTION 3. AMENDATORY 70 O.S. 2021, Section 1-113, is
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22 amended to read as follows:
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23 Section 1-113. A. When used in this section, the residence of
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24 any child for school purposes shall be:
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1 1. The legal residence of the parents, guardian, or person
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2 having legal custody.
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3 Each school district board of education shall adopt a policy
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4 establishing the requirements for student residency for that
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5 district which provides for residence as described in this
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6 paragraph. Within the discretion of each school district’s board of
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7 education, the policy may but is not required to allow for
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8 establishment of residency by affidavit when an adult, whether a
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9 relative or not, who does not fall within one of the categories
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10 listed above, who holds legal residence in the school district, and
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11 who has assumed permanent care and custody of the child files an
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12 affidavit with the school distr